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HomeMy WebLinkAbout1982 05-24 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MAY 24, 1982 7:00 p.m. Call to Order Roll Call IZ• Invocation Open Forum 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 councilmember 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 May 10, 1982 7. Appeal from Administrative Interpretation of Brooklyn Center Food Code -This item comprehends an appeal by Fisher Food Products, Inc., 6800 Shingle Creek Parkway, of an administrative interpretation of the City's food code regarding requirements for floor surfaces in food processing operations. 8. solutions: Authorizing the Issuance of Temporary Improvement Notes t i L - This resolution will formalize the temporary borrowing from the CT investment trust fund for special assessment .':improvement projects expenditures, during 1981. 4r4�51° b. Approving Procedures for the Issuance of Temporary Improvement Master Notes 5 -This resolution will authorize a new procedure for the issuance of temporary improvement notes. y C. Establishing an Interest Rate on Loans from Investment Trust Fund to Other Funds of the City of Brooklyn Center -This resolution would raise the interest rate charged by the investment trust fund on loans to other City funds, from 10% to 12% _per annum.. 8 * Accepting Gift - Butternut Tree for the Arboretum from the Brooklyn Center Conservation Commission g g * Accepting Gift - Black Spruce Tree for the Arboretum from the Home and Garden Club of Brooklyn Center or Accepting, Gift - Schwedler Maple Tree for the Arboretum from the Brooklyn Center Lions Club r CITY COUNCIL AGENDA -2 - May 24,'1982 ® * Accepting Gift Mountain Ash Tree for the Arboretum from the Brooklyn • Center Lioness Club *X. Accepting Gift - Silver Maple Tree for the Arboretum from Girl Scout Troop #1269, Evergreen School v Accepting Gift - American Linden Tree for the Arboretum from Orchard Lane Elementary School *' Accepting Gift - Little Leaf Linden and•a Sugar Maple Tree for the Arboretum from District 5, Camp Fire JLA ��l L� Ze. _D t � cc sec ti 9. din ces: 4tpoe tt a. Ordinance Amending Chapter 23 of the City Ordinances Regarding Regulating and Licensing Amusement Devices -This ordinance was first read on April 26, 1982, published on May 6, 1982, S and is recommended for a second reading this evening. A public hearing has been scheduled for the ordinance amendment at 7:30 p.m. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Amuse- ment Centers l -This ordinance was first read on April 26, 1982, published on May 6, 1982, and is recommended for a second reading this evening. A public hearing has been scheduled for the ordinance amendment at 7:45 p.m. c. Ordinance Vacating Sanitary Sewer and Storm Sewer Easements Within � Tract A of Reqistered Land Survey No. 1377 -The easements must be vacated in conjunction with the development of Shingle Creek Plaza II. The property owner has granted substitute easements for relocation of existing utilities and is relocating those utilities.at no cost to the City. The ordinance is recommended for a F first readin ecommended a public hearing be scheduled for the ordinance p.m. June 28, 1982. 10. Public Hearing (8:00 p.m. - Evergreen Area Improvements (Street Improvement Project No. 1982 -09; Sanitary Sewer Improvement Project No. 1982 -10; Water Main Improvement Project No. 1982 -11 7 ) -- Notices of the proposed improvement and of this hearing have been sent to the owners of all benefited properties. Notice of the hearing has also been published in the official newspaper. a. Resolution Ordering Street Improvement Project No. 1982 -09, Sanitary Sewer Improvement Project No. 1982 -10, and Water Main Improvement Project No. 1982 -11, and Preparation of Plans and Specifications for Improvement Project Nos. 1982 -09, 1982- 10,and 1982 -11 s 11. Declaration of Surplus Property -It is recommended a motion be made by the City Council declaring three liquor store cash registers as surplus property. The cash registers will be sold through advertised sale. *12. Licenses 13. Adjournment �'10� ®� �'� , r , M E M O R A N D U M TOi Gerald Splinter, City Manager FROM: Thomas Heenan, Supervising Sanitarian RE: Fisher Food's Floor DATE May 21, 1982 We have consistantly applied the requirement for quarry tile, ceramic tile, terrazzo or stainless steel as flooring material for at least twelve (12) years. The requirement applies for all food preparation and cold storage areas. The food preparation to be performed at Fisher Foods will be salad making and fresh produce preparation. This is a much more severe floor use than the typical restaurant and food store. The reason for this severe use relates to the heavy mechanical abrasion due to heavy weights moved, the use of material handling equipment, such as pallets and fork lifts and the large equipment typically used. The chemical nature of salad and low temperature in coolers creates a corrosive and acid waste. We would expect that a concrete floor such as proposed, would lose its protective polyurethane coating rapidly due to mechanical wear and then the combination of acid and mechancial wear would erode and break down the floor. The ceramic or quarry tile is impervious to both mechanical wear and acid. The grout between tiles is either a special "Hydramite" formula or epoxy. The grout is below the level of the tile and is not subject to mechanical abrasion._ If the grout is eroded, it can be readily renewed while the food and packaging material is present. Polyurethane applic- ation must be conducted on a totally dry and clean surface and food and food packaging material cannot be in the building until it is dry which is typically several days. Most processors cannot tolerate this down time, it has been our experience that when a facility has been properly constructed, we can use our inspection time to address sanitation and food processing techniques rather than building maintenance. I have photos of a three- year -old concrete floor coated with polyurethane showing extensive erosion in a salad _plant and photos showing a seven - year -old salad plant with quarry the where they have had not maintenance or repair work despite extremely heavy use. It is my impression that the proposed processing area is excessively large. Our experiences with other processors is that they operate with the 'same equipment in a less expansive,fashion. r � Gerald Splinter RE: Fisher Food's Floor May 21, 1982 Page 2 The comment in the letter °regarding Hennepin County Ordinance #3 is not complete. Hennepin County is in the process of starting an environmental Health Program and initially has emphasized restaurants. They do not license facilities such as Fisher Foods. They intend to do so at a later date and wrote Ordinance #3 in anticipation of such licensing. I believe the actual wording applies in this situation. You will note the wording with the exception of the explanatory statement related to tile is essentially identical. I discussed this question with Dr. Oscar P. Snyder of the University Food Science Department and he confirms that their experience indicated a quarry the floor is indicated. Some salad makers in the area using quarry the include H. Brooks and Continental Minnesota. TLS:jt Attachments Letter, J. Urbach, Hennepin County Letter, O.P. Snyder Phd, University of Minnesota Brooklyn Center Food Ordinance Hennepin County Ordinance #3 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF' BROOKLYN CENTER IN THE COUNTY OF .HENNEPIN AND THE STATE OF MINNESOTA 1 REGULAR SESSION MAY 10, 1982 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: p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, John Dean, zepresenting the City Attorney's office, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Father Shea of St. Alphonsus Catholic Church. OPEN FORUM Mayor Nyquist noted the Council had riot received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. • CONSENT AGENDA Mayor Nyquist inquired if any of the Council members desired any items removed from the consent agenda. Mayor Nyquist requested that item 8d be removed from the consent agenda. APPROVAL OF MINUTES - APRI 2 6, 1982 There was a motion by Councilmernber Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of April 26, 1982 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 82 -74 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -N AND ESTABLISHING FINAL PROJECT COSTS FOR KYLAWN PARK SHELTER ROOFING PROJECT NO. 1981 -27 AND NORTHPORT PARK SHELTER ROOFING PROJECT NO. 1981 -28 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, Bill Hawes,.and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adapted. a -10 -82 _lq RESOLUTION NO. 82 -75 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING JUNE 4 THROUGH 13 AS BROOKLYN CENTER EARLY BIRD DAYS • 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -76 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING GIFT 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -77 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING AND PROCLAIMING NURSING HOME WEEK IN BROOKLYN CENTER 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott, and seconded by Councilmember Hawes to approve the following list of licenses: CIGARETTE LICENSE Yen Ching Restaurant 5900 Shingle Cr. Pkwy. MECHANICAL SYSTEM'S LICENSE Central Heating & Air Conditioning 1971 Seneca Rd. Commercial Air Conditioning 2200 Niagara Lane LeVahn Brothers,Plumbing 3200 Penn Ave N. Maple Grove Heating & Air Conditioning 11440 Lakeland Dr. Northwest Service Station Equipment 2520 Nicollet Ave. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Chippewa Park Apts. 6507 Camden Ave. N. I It 5 -10 -82 -2- I SIGN HANGER LICENSE Scenic Sign Coporation P.O. Box 881 Thomas Sign Company Clearwater, MN Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DEDICATION OF ARBORETUM Mayor Nyquist noted that, last Saturday, the City had the official opening and dedication of the Arboretum. He also noted that the firm of Brauer and Associates, Inc., designers of the Arboretum, received an award from the American Society of Landscape Architects for their design of the Arboretum. APPOINTMENT TO PARK -& RECREATION COMMISSION Mayor Nyquist noted that he had received two applications for the vacancy on the Park & Recreation Commission, one from Mr. Victor Henry, and one from Mr. Dale, Bloomstrand. He inquired of Councilmember Hawes, Council liaison to the Park & r Recreation Commission, if he had a recommendation for appointment. Councilmember' Hawes stated that he would recommend that Mr. Dale Bloomstrand, 6218 Lee Avenue North in Brooklyn Center be appointed ppointed to the Park & Recreation Commission.. Mayor Nyquist noted that he had recently contacted Mrs. Dolores Coop, and that she indicated that she had a number of difficulties which prevented her from attending Human Rights Commission meetings. He noted that she is now moving out k of the state,and will not be able to serve on the Commission and he has accepted her resignation. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint Mr. Dale Bloomstrand,, 6218 Lee Avenue North, to the Park & Recreation Commission to complete the term of Mr. Bud Sorenson which expires December 31, 1984. The City Manager noted that the other applicant for the Park & Recreation Commission, Mr. Victor Henry, indicated that he would be interested in serving on the Conservation Commission also. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Supplemental Agreement No. l to Freeway Boulevard Street Improvement Project 1981 -18 (Contract 1981 -H). The ) Director of Public Works pointed out that subsoil problems had been discovered in the project area and that they indicated a false bottom which the original soil borings did not show. He explained that a number of alternatives were examined, F and that the staff is recommending a consolidation process be undertaken for the roadway area. He stated that this process comprehends the current repair of the unstable area so as to provide a useable roadway, with the knowledge that additional settlement will occur over the next two to four years. He stated that after con- solidation is complete, additional expenditures of $5,000 to $15,000 may be required to bring the settled area back to grade, to adjust any storm sewer settlement which E ' may occur, and to reinstall permanent concrete curb,.gutter, and sidewalk. He stated that he recommends any additional construction and engineering charges be paid by the City from the Municipal State Aid Street Fund. In response to a question from Councilmember Lhotka, the Director or Public Works explained that f: the roadway will sink approximately six inches in two to four years. Y 5 -10 -82 -3- RESOLUTION NO. 82 -78 Member Celia Scott introduced the following resolution and moved its adoption: • RESOLUTION PERTAINING TO SUPPLEMENTAL AGREEMENT NO. 1 FOR FREEWAY BOULEVARD IMPROVEMENT PROJECT.NO. 1981 -18, CONTRACT 1981 -H 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. In discussion of the next agenda item, a Resolution Relating to a $1,000,000; Commercial Development Revenue Note (Shingle Creek Development Company Project); Authorizing the Issuance Thereof Pursuant to Minnesota Statutes. The Director of Planning & Inspection noted that the matter, which had caused the resolution to be tabled at'the last Council meeting, has been cleared up by a review of the. flood plain maps, and elevations in the project area which show that the structure p and parking lot area in the project are at the required heights above the 100 year flood level RESOLUTION NO. 82 -79 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION RELATING TO A $1,000,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (SHINGLE CREEK PLAZA II PROJECT); AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES', CHAPTER 474 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, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. In discussion of the next agenda item, a Resolution Authorizing Execution of Agreement for Professional Services, Mayor Nyquist requested the City Attorney to .comment on Section D on page 3 of the agreement regarding owners responsibility. Mr. Dean stated that the section does appear rather vague regarding what data or information must be provided by the City, but that given the remainder of the provisions in this section this paragraph would not render the contract unenforce- able, however, it may make it more difficult. The City Manager stated that the Council could recommend approval of the resolution subject to final review by the City Manager and City Attorney. RESOLUTION NO. 82 -80 Member Gene Lhotka introduced the following resolution and moved its adoption subject to final review and approval,by the City Manager and City Attorney. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich • Theis; and the- following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 5 -10 -82 -4- RESOLUTION NO. 82 -81 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION` CLOSING PROJECT COSTS, AUTHORIZED IMPROVEMENTS, AND RELATED RESERVE ACCOUNTS 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Amending City of Brooklyn Center's Community Development Project Application for Years V, and VI of the Hennepin Urban County. He explained that this resolution will authorize the retaining of a consultant for the 50th & France Avenue (Joslyn Pole Yard) study, and that funding for the consultant would be obtained from community development funds. Councilmember Hawes stated that he realizes the study may be beneficial but that he is not in favor of the survey in light of the current economic condition of the City and State, pointing out that he does not believe it is justified at the present time. The City Manager explained that the survey would be a detailed analysis of the area. He pointed out that various proposals for roadway redesign and realignment in the area have been discussed, and that he believes these alternatives, and the large amount of open land on the Joslyn and Murphy Warehouse sites, represent a significant planning task. He stated that the City staff is recommending that more information be obtained in this area which would provide more planning information. Councilmember Scott requested a clarification of the purpose of the study and _asked whether it would address only land use issues or involve a more detailed study. The Director of Public Works stated that the study would address land use issues and would also address the creosote problem in the area. He added that the study would also provide information which would develop recommendations to improve the poor traffic circulation in the area. He pointed out that there is poor access to the Joslyn site and the other properties in the area at the present time. He explained that properties in the area, other than the Joslyn site, are on the market now and when these other sites become developed the options to improve access and circulation are gone, he stated he would hope that this study would provide options. As a third part of the study, the Director of Public Works pointed out that a market analysis of the area would be conducted. Mayor Nyquist stated that it seems crucial to take a total look at the area. Councilmember Lhotka inquired whether there would be any possibility of a joint effort with the Joslyn Company to conduct a study. The City Manager replied that the City staff has not discussed this with the Joslyn people but much of the study would be of use to them, and that it would be possible to approach the company with this idea. Councilmember Hawes inquired whether any of the wells along 51st could possibly be polluted from the Joslyn site. The Director of Public Works replied that the pollution in the well on 51st is not a chemical pollution,, but it is a biological contamination and would not come from the Joslyn site. Councilmember Theis inquired what process would be used to select a firm for the stuffy. The City Manager stated that some of the procedures for the selection are. dictated by federal regulations, and that proposals would be received by several . firms and interviews would be held to choose a firm to do the study. Councilmember Theis also asked if there were any other studies forthcoming. The Director of Public Works stated that one of the studies forthcoming would be work on the City wells and standby power system. 5 -10 -82 -5- RESOLUTION NO. 82 -82 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION AMENDING CITY OF BROOKLYN CENTER'S COMMUNITY DEVELOPMENT PROJECT APPLICATION FOR YEARS V, AND VI OF THE HENNEPIN URBAN COUNTY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka subject to an amendment which would direct the City _staff to discuss, with the property owners in the area, the possibility of sharing the cost of the study. In addition, if none of the property owners were interested in pursuing this the resolution would be again brought ,back for Council consideration. The City Manager replied that the resolution before the Council this evening Amends the City's Community Development Project Application for Years V, and VI, and that the staff would have to come back to the City Council for approval of any specific project under this amendment. He stated that this resolution merely amends the community development plan and reserves funds but does not authorize the study.' In light of the City Manager's statements, Councilmember Lhotka withdrew his amend - ment to the approval of the resolution and upon vote being taken thereon, the following voted in favor of the resolution: Dean Nyquist, Gene Lhotka, and Celia Scott; and the following voted against the same: Bill Hawes, and Rich Theis, where- upon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced an Ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan ,Studios and explained that the ordinance was first read at the April 12, 1982 City Council meeting, published on April 22, 1982, and is recommended for a second reading this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on an ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan Studios. 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 close the public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan Studios. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion 'passed unanimously. ORDINANCE NO. 82 -4 -- - Me.:aer Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SUNTAN STUDIOS 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed -and adopted. RECESS The Brooklyn Center City Council recessed at 8:04 p.m. and reconvened at 8:20 p.m. PUBLIC HEARINGS ON PROPOSED IMPROVEMENT PROJECTS 1982 -06, 1982 -07, AND 1982 -08 The Assistant City Engineer reviewed Water Main Improvement Project No. 1982 -060, 5 -10 -82 -6- and pointed out that the project location was Kylawn Park from Twin Lake North Apartment complex to Kyle Avenue. He reviewed the project, including a summary of the estimated costs and assessments. Mayor Nyquist opened the meeting for the purpose of a public hearing on Project No. 1982 -06. Mayor Nyquist recognized Cynthia Mack, Executive Coordinator of the Twin Lake North Apartments. Ms. Mack stated that she is representing the owner of the Twin Lake North Apartments, and stated that she does not feel there is a need for a new water main and that she is opposed to the project. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. There being none, he entertained a motion to close the hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Water Main Improvement Project No. 1982 -06. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Dawes, and Theis. Voting against: none. The motion passed unanimously. The Director of Public Works explained that from a fire protection stand point the proposed water main improvement project will improve the firefighting capability. Councilmember Hawes asked whether the firefighting capacity would be increased by this project. The Director of Public Works explained that the project would increase the firefighting capability by approximately 50% from the current conditions. He ` pointed out that currently there are 2,000 gallons per minute available for fire - fighting and with the project 3,000 gallons per minute would be available. Councilmember Scott inquired if there were any breakdowns of the water system in this area. The Assistant City Engineer replied that the entire area has been broken down and without water for a period of up to 24 hours. Councilmember Scott stated that she is concerned about the water system breakdowns in the apartment complex, especially with regard to firefighting capability. Mayor Nyquist recognized Ms. Cynthia Mack who stated that it is her recollection that only one -half of the apartment complex was without water for one day last year. She stated that she is concerned about passing along the costs of the project to residents at this time since rent increases would be required. Councilmember Lhotka stated that he would recommend the resolution be approved, pointing out that he is sensitive to the owners request but that he is also concerned about the renters needs in the complex. RESOLUTION NO. 82 -83 y Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING KYLAWN PARK WATER MAIN IMPROVEMENT PROJECT NO. 1982 -06 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said,resolution was declared duly passed and adopted. The Assistant City Engineer proceeded to review Water Main Improvement Project No. 1982 -07, construction of a 6" water main along'51st Avenue North extension 5 -10 -82 -7- } west of East Twin Lake Boulevard. He explained that it is proposed to install a 6" water main to provide water service to 4100 51st Avenue North in response to a petition submitted by the property owner. He proceeded to review the project, including a summary of the estimated project costs and assessments Mayor Nyquist opened the meeting for the purpose of a public hearing on Water Main Improvement Project No. 1982 -07. Mayor y Nyquist recognized Mr. Keith Harstad, representing Harstad Todd Construction Company. Mr. Harstad stated that he is the owner of a portion of the property along 51st Avenue in the project area. He stated that he is happy to see the proposed water main being installed, but that he would also like to see sewer and street installed in the area, pointing out that his firm wants to develop the area. Mayor Nyquist recognized Mr. Robert Swanell who stated that he was a tax agent for the Tri -State Land Company, owner of a portion of the property in the project area, and that he was submitting a written protest of the project. He stated that the land owned by the Tri -State Land Company would not receive benefit from the water main. Mayor Nyquist accepted the written protest from Mr. Swanell and ordered that it be entered into the official record of the meeting. Mayor Nyquist recognized Mr. Ed 'Christian, 5306 Perry Avenue North, who questioned why his property would be placed in the assessment district since he would not receive benefit from the water main. The Director of Public Works explained that the City is not proposing to levy assessments to other properties in the area at this time. He stated that the reason the notice was sent to adjoining property owners is that if water was extended to other properties in the area they would have to be linked to this project, and that if the property owners are not included in the project now, a doubt exists as to whether costs could be recovered when the water main is extended to their respective properties.. Mr. Christian stated that he is also concerned about the trunk sewer lines in the Twin Lake area. He stated that, if a boat hits these lines, they could break. The Director of Public Works stated that the lines are not trunk lines but are force mains and are controlled - by the metro sewer board. The City Manager stated that he would look into this matter. 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 Hawes to close the public hearing on Water Improvement Project No. 1982 -07. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Discussion continued regarding Mr. Harstad's request to include sewer and street in the project area contingent on him filing a plat for the development of the area. The City Manager suggested that this project could be tabled to allow Mr. Harstad time to submit a plat to the City. He also suggested placing a deadline on the tabling action which would allow time enough to prepare the plat but would also take into account the need for potable water at 4100 51st Avenue North. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to 5 -10 -82 -8- table consideration of Water Main Improvement Project No. 1982 -07 until the June 14, 1982 City Council meeting. Voting in favor: Mayor Nyquist, Council members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously'. The Assistant City Engineer reviewed Earle Brown Drive Streetlight Improvement Project No. 1982 -08 explaining that the project is along Earle Brown Drive within the Brookdale Corporate Center addition to Brooklyn Center. He proceeded to review the details of the project and also a summary of the costs for project 1982 -08. The Director of Public Works stated that if the Council approves the project he would recommend the addition of a statement in the resolution authorizing the acceptance of the proposal from NSP to accomplish the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on Earle Brown Drive Streetlight Improvement Project No. 1982 -08 and 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 close the public hearing on project 1982 -08. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -84 Member Celia Scott introduced the following resolution and moved its adoption with the addition of an authorization for the City Manager to accept the project proposal from NSP: RESOLUTION ORDERING EARLE BROWN DRIVE STREETLIGHT IMPROVEMENT PROJECT NO. 1982 -08 The motion for the adoption of the foregoing resolution as amended was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -85 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CENTRAL PARK WATER MAIN IMPROVEMENT PROJECT NO. 1982 -05, KYLAWN PARK WATER MAIN IMPROVEMENT PROJECT NO. 1982 -06 (CONTRACT 1982 -D) 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -86 Member Gene Lhotka introduced the following resolution and moved its adoption: 5 -10-82 -9- l RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO ISSUE MASTER NOTES FOR TRANSFER OF FUNDS FROM THE INVESTMENT TRUST FUND TO THE SPECIAL ASSESSMENT FUND ion was duly seconded by f foregoing resolution The motion for the adoption o the g Y P 9 member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and.the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82017 SUBMITTED BY ROBERT ADELMANN FOR A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW FOR A 46' HIGH, 204 SQUARE FOOT FREE -. STANDING SIGN IN PLACE OF THE SIGN CURRENTLY AT ORDINANCE MAXIMUMS OF 24' IN HEIGHT AND 90 SQUARE FEET AT 6501 HUMBOLDT AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members .. 'pages .4 through 6 of the April 15, 1982 Planning Commission minute and also the Planning Commission information sheet prepared for Application No. 82017. He proceeded to review the applicant's letter requesting the variance, and also the applicant's reasons for requesting the variance,outlining how the applicant feels his ro osal meets the Sign Ordinance Standards for Variances. The Director of P P g ili t of the identi- reviewed the previous and existing y i Planning & Inspection p g visib fication sign at the applicant's service station and noted that it is the staff contention that the existing visibility is equal to, if not greater, than the previous visibility. The Director of Planning & Inspection stated that the Planning Commission held a public hearing on Application No. 82017 at its April 15, 1982 meeting and that they recommended denial of the application after a public hearing was held. He explained that required notices of this evening's meeting have been sent and the applicant is present. The Council proceeded to discuss the visibility issue of the application. Mayor Nyquist inquired whether the applicant had any statistics on business from the freeway traffic as opposed to local traffic. The Director of Planning & Inspection stated that the applicant's business data was not broken down in these categories. Councilmember Scott commented on the change in traffic patterns during the period when the applicant's statistics were compiled noting that this was before the bridge was closed at Humboldt. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 82017. He.recognized Mr. Robert Adelmann, who stated that the sign he is requesting is 50 high, h, and that the normal standa rd for a freeway sign n of this type is 80 to 90 feet. He stated that when the bridge at Humboldt was closed he noted that his business dropped and that his gas sales volume is still decreasing. He � explained that Standard Oil in general, in the metropolitan area has maintained P a 5.4% reduction in gas sales in his territory, but that at his station he experienced a 19.6% reduction. He stated that he believes the sales decreased after the bridge at Humboldt was closed, and after the bridge reopened again the sales did not go up. He stated that the main interchange is now at Shingle Creek Parkway as opposed to Humboldt Avenue North. Couneilmember Hawes left the table at 9:59 p.m. 5 -10 -82 -10- L F � r In response to an inquiry from Mayor Nyquist, the applicant stated that he is 6 attempting to draw customers from the new interchange at Shingle Creek Parkway. Councilmember Hawes returned to the table at 10:00 p.m. Councilmember Theis noted that the Q Petroleum and 7- Eleven stores began selling gas during the time when the applicant's sales decreased and he suggested that this may be a competition for gas sales. The applicant stated that Standard Oil, in his district, has only experienced a 5% decrease and that his was approximately 20 %. He added that these types of operations, such as Q Petroleum and 7- Eleven, have opened up all over the area and it isn't that definite that these types of operations will necessarily decrease business. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application No. 82017. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny Application No. 82017 on the grounds that the Sign Ordinance Standards f_-- Variance are not met,and that the situation is not unique and that to grant the variance would set a bad precedent which would undermine the sign ordinance. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. - Voting against: none. The motion passed unanimously. DISCUSSION ITEMS UPDATE ON NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The City Manager noted that Administrative Assistant Bublitz had prepared a memorandum on the current status of the Northwest Hennepin Human Services Council, and that he was prepared to discuss this item with the Council this evening. Administrative Assistant Bublitz stated that he would like to make a correction in the second paragraph of the memorandum dated May 7, 1982, pointing out that the sentence which states that a $17,977 reduction in funding for the Council is scheduled for July 1, 1982 is not correct, and that the $30,833 budgeted for the Council from Hennepin County in 1982 appears to be accurate at this time and will be funded in full for 1982. He explained that the Northwest Hennepin Human Services Council is currently operating at a deficit in their 1982 budget of over $20,000 and that this may be handled by staff reductions in the Council's professional staff. He.explained that the Long Range Planning Committee of the Executive Committee of the Northwest Hennepin Human Services Council has been exploring various alternatives.for 1982, and will be making their recommendations to the Executive Committee in the near future. He explained that funding for 1983 may even be more serious, noting that Hennepin County may reduce funding even further to the Council, and that in order to retain even a single staff person for the Council the funding requests from municipalities in 1983 could be as high as five to six times their present contributions. He stated that the purpose of this evening's discussion is to gain some insight into the Council's attitude and ideas concerning the need for the operation of the Northwest Hennepin Human Services Council. Councilmember Hawes inquired whether there was any other agency in the area performing the same function as the Northwest Hennepin Human Services Council and whether this was a duplication of services. The City Manager noted that there really was no other 5 -10 -82 -il- w agency performing the function that the Human Service Council does for the northwest area. He pointed out that the, two major roles of the Human Services Council is to coordinate the various human service providers in the area, and the second major role is to provide the northwest area with an organized input into the County plann `. and funding system for human servies in the northwest area. Councilmember Lhotka stated that in his work with the Brooklyn Center Human Rights Commission he has been involved with the Northwest Hennepin Human Services Council and that he believes it is a worthwile organization, and on behalf of the Human Rights Commission he would support the continuation of the Northwest_ Hennepin Human Services Council. Councilmember Scott stated that her view of the Northwest Hennepin Human Services Council is that it is a clearinghouse for information, and that it has proved invaluable to her in directing people with human service needs to an agency that can help them or at least tell them where they can get help for their problems. Councilmember Hawes stated that he believes there is a need for this type of agency but questioned whether Hennepin County could be influenced to locate some of their offices in the northwest area. The City manager replied that the Hennepin County staff has been maintaining a trend toward centralization of services, and that the Northwest Hennepin Human Service Council has served as a check to this trend. GAMBLING LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve a Class B gambling license for St. Alphonsus Catholic Church Fun Fair. Voting in 'favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to waive the $10,000 fidelity bond for St. Alphonsus Catholic Church Fun Fair. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve a Class B gambling license for Knights of Columbus, Council #6772. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to waive the $10,000 fidelity bond for Knights of Columbus, Council #6772. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott,,Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to g - adjourn the meeting. Voting in favor:- Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none.. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:34 p.m. 1 } Clerk Mayor L 5 -10 -82 -�12 Chairman: J. Willard Marriott * President: Leonard H. Marks Vice Chairmen: Hobart Lewis � Mrs. Lynda Johnson Robb H o n o r Ame Glenn E. Nielson Ilk � Treasurer: William J. McManus * + Secretary: ** ** A Program of the American Historic and Cultural Society, Inc. Herbert E. Marks Directors: Pennsylvania Bldg. Robert O. Anderson, Chmn. 520 Penns Y g• Executive Director: ARCO Washington, D.C. 20004 John P. Cosgrove Charles L. Andes, Chmn. The Franklin Mint Telephone: 202 -628 -3400 Mark Evans Austad, V.P. Metromedia Robert W. Barker Wilkinson, Cragun, and Barker Mrs. Edward Marshall Boehm, Chmn. Edward Marshall Boehm ,t Frank Borman, Chmn. May 1 , 19 82 Eastern Airlines George Champion Albert L. Cole, V.P. & Dir. Reader's Digest Marshall B. Coyne, Prop. The Madison Hotel My dear Mayor James E. Davis, Chmn Winn -Dixie Stores Edward S. Donnell, Chmn. Montgomery Ward You are cordially invited to join in the Mrs. Dwight D. Eisenhower, II annual 21 day salute to :America starting on Zachary Fisher, P artner Fisher Brothers Flag Day and concluding on .independence Day. J.B. Fuqua, Chmn. Fuqua Industries Rev. Billy Graham The 21 days between these historic days were Benjamin L. Hooks, Ex. Dr. NAACP set aside by Congress "as a period to honor Bob Hope public gatherings and activities Charles C . Hubbard, V.P. America in P g g Bernard Johnson, Inc. at which the people can celebrate and honor Joseph M. Katz, Chmn their count in an appropriate mannr ne Kirkland, Pres. Corporation country manner Lane Kirkland, Pres. AFL -CIO Dr. Richard L. Lesher, Pres. The Flag is the vivid symbol of our freedom, Chamber of Commerce, U.S. our history nd aspirations as a nation. bars Lewis rY P J a a mes P. Low, Pres. William J. McManus We who live in freedom today re ac B McManus Associates Y Leonard H. Marks for it, and to transmit it to succeeding Cohn and Marks J. Willard Marriott, Chmn. generations. People never give up their Marriott Corporation risk losing them throe h Glenn E. Nielson, Finance Chmn. liberties; they g g Honor America Committee spiritual apathy and material reverence S. Dillon Ripley, Secretary Smithsonian Institution Mrs. Charles S. Robb As Mayor, y ou can be helpful in this nation- E Sc Scripps, Chmn. &Pres. Y P Scripps League Newspapers wide program by issuing a proclamation or W. Clement Stone, Chmn W. Clement Stone Enterprises statement encouraging the people of your Donn Tatum, Chmn city to celebrate and to Honor America Walt Disne Productions Charles R. Van Horn during these 21 days Bernard Johnson, Inc. John W. Warner U.S. Senate We hope you will find- the enclosures useful Abbott Washburn, Commr. Federal Communications Comm. Thank you for your time and cooperation I Walter E. Washington this non-partisan p rogram. Burns. Jackson, Miller P p g Summit, Washington Lew R. Wasserman, Chmn MCA, Inc. Sincerely, tional Advisory Committee: Z.D th pphn Won k F lr • William France William S. Gardiner aT . Wi l lard Marriott Miss Marilyn C. Link Lawrence F. O'Brien Kenneth Stuart Vincent T. Wasilewski Congressional Sponsors: Thomas P. O'Neill, Jr. James C.. Wright Robert Michel Howard Baker Robert C. Byrd "We hold this annual celebration to remind our- selves of all the good done in the process of time, of "For those who fought for it, freedom has a flavor the protected will never know." how it was done and who did it and how we are - -A proposed inscription for the Vietnam Veterans Memorial, Washington, D.C. historically connected with it. And we go from these meetings in better humor with ourselves —we feel more attached the one to the other and more firmly bound to the country we inhabit." Honor America LABOR AND BUSINESS LEADERS participate YOU ARE INVITED to join in this non - partisan pro- — Abraham Lincoln, July 4, 1858 in this annual program. These representatives of gram of the American Historic and Cultural Society to a continuing program Of educat- our freedom of enterprise society —the blue and HONOR AMERICA. You can assist by taking an ac- ing the American people regarding white collar workers— remind us of those Founders tive role in meeting your community's problems, bear- *•s *�x the values Of citizenship and their na- who argued the structures of our constitutional ing in mind the common good of the greatest number. tional heritage, government into existence. The cooperative spirit Put into practice some of those innovative ideas ... by stimulating love and d admira- of business and labor is part of the success of the you've been dreaming up to make life a little more tion for our national histo and tradi- system. rewarding in your area. Help knit the ties of respon- tion, pride in the accomplishments of sibility and fellowship that strengthen the foundations x �, our constitutional form of government. VETERANS, RELIGIOUS AND CIVIC of America, especially during the 21 days —FLAG * ** HONOR AMERICA ** ... suggesting historic ceremonies, organizations having celebrations scheduled for DAY through INDEPENDENCE DAY. parades, fireworks, erection of a flag Flag Day and through the Fourth of July are monument, band concerts, a festival encouraged to continue and to expand these The Significance Of American folklife, viewing Of histor- programs to promote America and unity among all Of This Symbol is documents in public buildings, con - Americans. temporary musical entertainments. HERE: ARE: A FEW SUGGESTIONS: NEWSPAPERS, MAGAZINES, 'TELEVISION, Centuries ago, while North America was a vast RADIO AND CABLE: are primarily responsible for xailderness, the ea was esteemed in many parts MEMBERS OF CONGRESS of the United States what you see and hear about the programs to of the world as a symbol of poker, courage and join in declaring the 21 days as a period to honor HONOR AMERICA. The cooperation and support * Adopt an HONOR AMERICA program in freedom. Rulers displayed this bird as an emblem America so that freedom loving Americans might our community of authority and unity. of the media is vital to the success of this national Y Y demonstrate to the world that while we face * Encourage the display of the American Fla In tribute to the judgment of the Founding effort to point out the educational and historical g p y g Fathers, a variation of this eagle figure was adopted problems as individuals, and as a Nation, we are significance of America's independence and every day starting on June 14 and continuing proud of our country and the accomplishments of by the American Historic and Cultural Society as constitutional government. Read the editorials as through July 4 o the insignia of its continuing program to Honor our constitutional government. well as the news columns for ideas and plans; listen * Invite retail merchants to include in America. to your local radio, watch TV for the "21 DAYS their advertising an encouragement to their The characteristic emblem, containing the PROCLAMATIONS BY THE GOVERNORS of OF AMERICA" a minute each day of American customers to join in local program activities nation's colors, is an eagle in red and white profiled the 50 states, and other jurisdictions, on the history as depicted in the flags that have flown on * Suggest that shopping centers have special against a bell- shaped blue background dotted with anniversary of independence make these 21 days a this country. displays of historic events and appropriate 13 white stars representing the original American meaningful time to honor America with ceremonial program involving schools, ser- colonies, and all encircled in a ring of 50 gold stars. appropriate State House and state -wide vice clubs, patriotic organizations celebrations. * * * * Sponsor arts and crafts workshops, study forgotten skills, involve senior citizens, MAYORS OF OUR NATION'S CITIES stimulate grandchildren learning from grandparents The American Historic and Cultural Society, Inc., the spirit of patriotism and respect for individual ...AND YOU! Communicate with your * Organize folk festivals with traditional food, was established in June 1970 under the laws of the liberties by calling upon community and political community leaders about programs scheduled dance, costumes and music District of Columbia, and its program to increase the leaders to recognize these days with appropriate during this 21 -day period. Ask if a proclamation Invite professional assistance from knowledge of the American public about its cultural observances. Many Mayors initiate local programs has been issued? What is your employer doing? your local newspaper, radio and TV heritage, constitutional government, and history, by issuing proclamations on Flag Day and /or the Union officials'? Special services at your place of stations to help with publicizing and report- and to commemorate the anniversary of the indepen- Fourth of July, and simultaneous release to the worship? Town decorations? Games? Parades? ing feature events, recording highlights of ac- dence of the United States of America. It is non - media. Fireworks? Family time... reunions... picnics? tivities political and non - profit. Honor America Committee .••• '••t FLAG DAY through ... Chai Leonard H. Marks INDEPENDENCE DAY r J. Willard Marriott Cohn and Marks • ; t J. Willard Marriott, Chinn. + s Leona d 4L Marks Marriott Corporation * Glenn E. Nielson, Finance Chinn. ** HONOR AMERICA Vice Ci Honor America Committee H * * MONDAY J U N E 14 THROUGH S U N DAY JULY 4 1982 Hobart Lewis S. Dillon Ripley, Secretary Mrs. Lynda Johnson Robb Smithsonian Institution f Glenn E. Nielson Mrs. Charles S. Robb E.W. Scripps, Chinn. & Pres. Tm- werer. Scripps League Newspapers William J. McManus W. Clement Stone, Chinn. W. Clement Stone Enterprises Secret Donn Tatum, Chinn. H onor A mer i ca "...That Congress declares the twenty - Herbert E. Marks Wait Disney Productions Dbvdara: Charles R. Van Horn Robert O. Anderson, Chinn. Bernard Johnson, Inc. ARCO John U.S enate Warner one days from Flag Day through I nde- Charles L. Andes, Chinn. that there be public gatherings The Franklin Mint Abbott Washburn, Commr. Mark Evans Au Comm. stad, V.P. Federal Communications and activities at which the people can Metromedia Walter E. Washington celebrate and honor their country in Robert p e n d e n ee Da as a period to honor ns Barker Burns, Jackson, Miller an appropriate manner." Wilkinson, Cragun, and Barker Summit, Washington Mrs. Edward Marshall Boehm, Lew R. Wasserman, Chinn. Chinn. MCA, Inc. Edward Marshall Boehm C. Robert Yeager Frank Borman, Chinn. America, that there be public gatherings Eastern Airlines Congressional George Champion S po n sors: FLAG DAY AlbettL. Cole, Digest . &Dir. Thomas P. O'Neill, Jr. and activities at which the people can Reader's Digest James C. Wright Marshall B. Coyne, Prop. Robert Michel The Madison Hotel Howard Baker James E. Davis, Chinn, Robert C. Byrd Winn -Dixie Stores ffimu Edward S. Donnell Honorary celebrate and honor their country in an Mrs. Dwight , Eisenhower, 11 Gerald Chitirmen: w Zachary Fisher, Partner Gerald R. Ford '�w ' L \ r�.,r)�` w' , Fisher Brothers Mrs. Harry S. Truman J.B. Fuqua, Chinn. Mrs. Lyndon M B. Johnson appropriate manner." PUBLIC LAW 94 -33 F. Bill M Industries Mrs. Richard M. Nixon DAY Rev, y Graham National Benjamin L. Hooks, Ex. Dir. NAACP Advisory Bob Hope Committee: Charles C. Hubbard, V.P. Arch N. Booth Bernard Johnson, Inc. John W. Dixon Joseph M. Katz, Chinn. Jack Fleischer Papercraft Corporation William France June 14 - July 4, 1982 Every community group and individual may participate in this Lane Kirkland, Pres. William S. Gardiner , , AFL -CIO Miss Marilyn C. Link nation -wide effort by helping the handicapped by expressing Dr. Richard L. Lesher, Pres. Lawrence F. O'Brien Chamber of Commerce, U.S. Kenneth Stuart Hobart Lewis Vincent T. Wasilewski an appreciation for the aged, and by encouraging the young to James P. Low, Pres. understand the opportunities, as well as the responsibilities, in- William J. McManus Executive Director: herent in our constitutional system. Through such positive ac- Byers, McManus Associates John P. Cosgrove tion, at least during these 21 days, Americans may then celebrate the Fourth of July with a feeling of accomplishment. HONOR AMERICA A Program of the Honor America American Historic and Cultural Society, Inc. ," 520 Pennsylvania Bldg., Washington, D.C. 20004 i SUGGESTED PROCLAMATION BY MAYORS, FLAG DAY - INDEPENDENCE DAY 1982 F jj Ilk:' * ** MOMIOM AMEN" t* it V PROCLAMATION The principles that the American Flag stands for were created by the experiences of a great people, said Woodrow Wilson many years ago. The Flag has grown and changed with the Nation. Everything that it represents is reflected in the lives of those who carried it, stood by it, served under it, or protected because of it. The Flag, as we salute it today, is an emblem that evolved through various stages, varied designs, and assorted ap- pearances. Again reflecting the growth and changes of the country, as well as its people. To commemorate the anniversary of its adoption on June 14, 1777, Congress has set aside the 21 days from Flag Day through Independence. Day as a period to honor America. By displaying the national colors during this 21 day salute to America, we symbolize a united democracy through this badge of freedom and independence. Therefore, by virtue of the powers vested in this office, I do hereby proclaim the twenty -one days, Flag Day through Independence Day, as a period to Honor America, that there be public gatherings and activities at which the people can celebrate and honor their country in an appropriate manner. Signed in the City of this day of , 1982. MAYOR SEAL (Prepared by the American Historic and Cultural Society, 520 Pennsylvania Building Washington, D.C. 20004) i P ct V IrY�► vr1 e-tz--, c 0 C Q-.2 3 rvl .J ►tie-S - �- Ct 2 iL , S a r� ��S , aC G nc� e {L e- s Ck- Re-S e. WNC-Jz- i 13 t. Li 7 Co :� Q n� '�, ,r,-� b 2 u. � -.-c4• �T � i ¢-4, ✓non T _, Q (� R, 0, n0.Tk ' - Ucx L A 4u -A November 6, 1981 City of Brooklyn Center Parks and Recreation Department City Nall 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Contract Proposal for Professional. Services Central Park Gentlemen: This letter proposal outlines a scope of services, fee sche dule and other elements which, if approved, constitute an agreement between the CITY OF BROOKLYN CENTER, Brooklyn Center, Minnesota, herein referred to as the OWNER, and BRAUER & ASSOCIATES LTD., INC., herein referred to as the"_ CONSULTANT. The OWNER hereby retains the CONSULTANT to provide landscape architectural and planning services required to complete a planting plan, cost estimate and assistance in the prepara- tion of an LCMR Grant Assistance Application, hereinafter referred to as the PROJECT. A. SCOPE OF SERVICES Basic Services 1. Research, collection, review and synthesis of all data that will affect planning and design efforts within this PROJECT. 2. PPreepaaration of base maps suitable for use within this PROJECT. 3. Preparation of two plan graphics: a) One graphic to illustrate environmental in- trusions. b) The second graphic will illustrate existing, ini- tial and ultimate development considerations. Initial development to include location of a mens And womens satellite" toilet station. Planting scheme to be conveyed with tree stamps only - -no .� detailed plant materials schedule. -Two '(2)- prints `> of each graphic to be "- colored as directed within Grant Application guidelines. 79 Flying Cloud Drive, Eden Prairie, Minnesota 55344 ❑ (612) 941 -1660 City of Brooklyn Center -2- November 6, 1981' 4. Review of graphics (in preliminary form)-with OWNER to confirm accuracy and completeness of presentation drawings. 5. ' Written materials to be' recorded listing: a) environmental intrusions b) environmental issues .... assessment 6. Preparation from the approved graphics, of a preli- minary development cost estimate for initial phase construction. An initial budget of $108,000.00 has " been identified and is to include: a) _'plant materials (not detailed) b) satellite facility c)' consultant fees d) 'City administrative fees 7. Presentations to OWNER during the course of the PROJECT. B. SCOPE OF SERVICES - Additional Services 1. Design Development, Construction Documents and Specifications for development work and required details complete and ready for bidders. 2. Bidding Procedures which include preparation of ad- vertisements for bids, clarification of questions by addenda during the bidding period, analysis of bids received and recommendations for contract award. t 3. Construction Observation: Periodic` communication with, the Contractor and OWNER and visits to the site on the average of one per week during construction to interpret design intent of the plans and specifica- tions; set up payment schedule; approve shop drawings; make general progress reports; process change orders; and, approve field changes. .C. FEES FOR PROFESSIONAL SERVICES The OWNER shall compensate the CONSULTANT for completion of professional services described above as follows: 1. For the CONSULTAO" S_ 3as i c Services, as described in } Paragraphs A -1 through A -7, above, a lump sum fee including expenses not to exceed ONE THOUSAND NINE HUNDRED DOLLARS ($1,900.00). i City of Brooklyn Center -3- November 5, 1981 , 4 ­2. For the CONSULTANT'S Additional, Services, as f described in Paragraphs B -1 through B -3, above, a Lump Sum Fee, including expenses not to exceed SEVEN THOUSAND EIGHT HUNDRED DOLLARS ;$7,800.0 0). 4 3. For the CONSULTANT'S Reimbursable Expenses, actual expenditures for the CONSULTANT'S Additional Services, other than the hourly fee, directly connected with the PROJECT including mileage, cost of soil borings, testing or special consultants as directed by the OWNER, and identifiable material services or supplies used in reproduction of`_reports, drawings, specifications or field work. D. PAYMENT TO THE CONSULTANT 1. Statements will be submitted to the OWNER on a monthly basi with a breakdown of time and expenses for ser th 25th work completed, through e vices performed, or or om c p � 9 p of the previous month. 2. Payments on account of CONSULTANT'S services are due and payable within thirty days of receipt of CONSULTANT'S statement of services rendered. E. OWNER'S RESPONSIBILITY The OWNER shall make available or allow access to all existing data related to the work and all other da or in ;a* which may develop that could p ossibl y have a ' bearing on decisions or recommendations made under this Agreement. The OWNER shall specifically provide where available: 1. 'Final printing of all plans - and - specification for r use in PROJECT bidding and construction. 2. Project program data in addition to that already pre seated. 3 Identificat of a ny site restr`ict 4. Additional data or information .which, will have 'a bearing on the planning or design conclus and recommendations of the CONSULTANT. 5. One designated individual with whom the CONSULTANT can meet, receive instructions and deliver infor- mation and coordinate all planning activities. 4 .v City of Brooklyn Center -4- November 6, 1981 F. TERM, TERMINATION, SUCCESSORS AND ASSIGNS 1. The Term of the Agreement shall be concurrent with the work authorised. 2. Termination may be accomplished by either party at any time by written notice, and shall be effective upon payment in full for all services performed to the date of receipt of such notice. 3. The OWNER and the CONSULTANT each binds itself, its partners, successors, assigns and legal represen- tatives to the other party of this Agreement, and to the partners, successors, assigns and legal represen- tatives of such other party with respect to all cove - nants of this Agreement. 4. Neither the OWNER nor the CONSULTANT shall assign sublet or transfer his interest in this Agreement without the written consent of the other. G. NONDISCRIMINATION The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, physical condition or age. The CONSULTANT will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, physical condition or age. Such action shall include but not be limited to the following: Employment, upgrading, demo- tion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation and selection for training'including apprenticeship. H. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE 1. The CONSULTANT shall maintain time records for hourly fees, design calculations and research notes in. legible form and will be made available to the OWNER, if requested. 2. The CONSULTANT shall carry insurance to protect him from claims under Workman's Compensation Acts from claims for damages because of bodily injury including death to his employees and the public, and from claims for property damage. City of Brooklyn Center -5 November 6, 1981 _ r 3. The CONSULTANT reserves the right to secure and main- tain statutory copyright in all published books, € published- or unpublished drawings of a scientific or technical character, and other works related to this PROJECT in which copyright may be claimed. The OWNER sha l have full rights to reproduce works under this Agreement either in whole or in part as related to t <his PROJECT. One copy of each drawing shall be pro - vided an reproducible form for use by the OWNER, but the original drawings will remain the property of the 1 CONSULTANT. I EXTENT OF 'AGREEMENT AND APPLICABLE LAW 1. This agreement represents the entire and integrated agreement between b we n t he OWNER and the CONSULTANT TANT and supersedes all prior negotiations, representations, or agreements, whether written or oral, with respect to the PROJECT. This agreement may be amended only by written instrument signed by both OWNER and CONSULTANT. 2. Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. City of Brooklyn Center 6 November 6, 1981 J. The OWNER hereby contracts the Basic Services as outl ined in Paragraphs U-V 4_7 of this Agreement. k IN WITNESS WHEREOF the OWNER and the CONSULTANT have made and executed this Agreement, C This f�% day of 1981. CITY OF BROOKLYN CENTER Brooklyn Center, Minnesota In presence'of: s BRAUER'& ASSOCIATES LTD., INC. In presence of: Eden Prai rie, Minnesota au 'are M.L.A. President v ww r I f M E M O R A N D U M TO: Gerald Splinter, City Manager FROM: Thomas Heenan, Supervising Sanitarian RE: Fisher Food's Floor DATE: May 21, 1982 We have consistantly applied the requirement for quarry tile, ceramic tile, terrazzo or stainless steel as flooring material for at least twelve (.12)- years. The requirement applies for all food preparation and cold storage areas. The food preparation to be performed at Fisher Foods will be salad making and fresh produce preparation. This is a much more severe floor use than the typical restaurant and food store. The reason for this severe use relates to the heavy mechanical abrasion due to heavy weights moved, the use of material handling equipment, such as pallets and fork lifts and the large equipment typically used. The chemical nature of salad and low temperature s in coolers creates a corrosive and acid waste. We would expect that a concrete floor such as proposed, would lose its protective polyurethane coating rapidly due to mechanical i wear and then the combination of acid and= mechancial wear would erode and break down the floor. The ceramic or quarry tide is impervious to both mechanical wear and acid. The grout between (, tiles is either a special "Hydramite" formula or epoxy. The grout is below the level of the tile and is not subject to mechanical abrasion. If the grout is eroded, it can be readily renewed while the food and packaging material is present. Polyurethane applic- ation must be conducted on a totally dry and clean surface and food and food packaging material cannot be in the building until it is dry which is typically several days. Most processors cannot tolerate this down time. It has been our experience that when a facility has been properly constructed, we can use our inspection time to address sanitation and food processing techniques rather than building maintenance. I have Y hotos of a three-year-old concrete floor coated with P polyurethane showing extensive erosion in a salad plant and photos showing a seven- year -old salad plant with quarry tile where they have had not maintenance or repair work despite.extremely heavy use. It is my impression that the proposed processing area is excessively large. Our experiences with other processors is that they operate with the same equipment in a less expansive fashion. Gerald Splinter RE: Fisher Food Is Floor i May 21, 1982 Page 2 The comment in the letter regarding Hennepin County Ordinance #3 is not complete. Hennepin County is in the process of starting an environmental Health Program and initially has emphasized restaurants. They do not license facilities such as Fisher Foods. They intend to do so at a later date and wrote Ordinance #3 in anticipation of such licensing. I believe the actual wording applies in this situation. You will note the wording with the exception of the explanatory statement related to tile is essentially identical. 'I discussed this question with Dr. Oscar P. Snyder of the University Food Science Department and he confirms that their experience indicated a quarry tile floor is indicated. Some salad makers in the area using quarry tile include H. Brooks and Continental Minnesota. TLH:jt Attachments Letter, J. Urbach, Hennepin County Letter, O.P. Snyder Phd, University of Minnesota Brooklyn Center Food Ordinance Hennepin County Ordinance #3 w� 7 HENNEPIN COMMUNITY HEALTH DEPARTMENT McGill Building 4th FIOOr, 541 Park Avenue Minneapolis, Minnesota 55415 LFU May 21, 1982 Mr. Tom Heenen City of Crystal 4141 Douglas Drive Crystal, MN 55422 ° Dear Mr. Heenan: This letter is a response to your request for comment and clarification on the scope of Hennepin County Ordinance No. 3 (Food. Protection Ordinance), the specific applicability of Section XVII, Construction and Maintenance Y ..._.. of Physical Facilities, Subsection 1: Floors, to a proposed produce pro - cessing and salad preparation facility in the City of Brooklyn Center, as well as my experience and knowledge of acceptable and successful floor surfacing systems in food operations. Hennepin County Ordinance Number 3 (Food Protection Ordinance) is a compre- hensive food regulation developed for ultimate application to all food facilities which can reasonably be expected to be subject to local govern- ment licensing, inspection and regulations. The Hennepin County environ- mental health program, implemented in 1979, is designed to be phased into food protection activities similar to those provided by your agency. The County does not currently regulate facilities such as food processing plants; however, it is our expectation that county licensing of such types of facil- ities pursuant to the existing technical provision of Ordinance No. 3 will occur in 18 to 24 months. At that time all provisions of the Ordinance would apply, including those related to floor design, construction and fin- ish. The issue of what constitutes an acceptable floor Finish in certain critical areas, in any food operation, has been discussed for years and is defined in the Ordinance. It has long been recognized that the installation of vinyl asbestos, sealed concrete, polyurethane, epoxy and related floor finish systems in certain critical areas of a food facility results in main- tenance, repai.r-- replacement or refinishing requirements, which exceed the reasonable capabilifies of the operator and intent of the Ordinance. Therefore, in these more critical areas, a more durable floor finish is required. The "state of the art" within the County, in areas served by municipal environ- mental health programs, has been generally consistent with the County Ordinance. The County Ordinance reflects an attempt to define and clarify current practice on a county -wide basis. This specific ordinance item is and has been historically HENNEPiN COUNTY an equal opportunity employer Y y j Mr. Tom Heenan " City of Crystal May 21, 1982` Page 2 been required in your Cities for the past ten years. As you may be aware, several municipalities have adopted the County Ordinance by reference or have revised their ordinance to be compatible with the technical provisions of the County Ordinance, including those related to floor finishes. I hope this information adequately explains the current applicability of Hennepin County Ordinance No. 3, as well as our current philosophy towards floor finishes in food operations. Please contact me if l can be of additional assistance, or if you would like additional information or comment. Sincerely, John W. Urbach Environmental Health Community Health Department JWU:ms i s s • May 7, 1982 Carl Iliff Fisher Foods 6800 Shingle Creek Parkway Brooklyn Center, RAN 55430 Dear Mr. Iliff: As we discussed on May 6, 1982, we interpret the Brooklyn r �..�. Center Food Code, Section 8 -120, Floors, Walls and Ceilings, copy enclosed, to mean that the only floor surfaces meeting the criteria of smooth, nonabsorbant and easily cleanable are quarry tile, ceramic tile, terazzo and stainless steel. We also feel that the County Ordinance #3 titled, Food w Protection Ordinance for Hennepin County, copy of Section 2 Scope and Section 7 Floors, enclosed, applies to all food establishments within Hennepin County, even though the County does not perform the inspections within Brooklyn Center nor does it license or inspect operations of your type in areas under its jurisdiction.' You had previously agreed to this requirement and we have plans from you indicating that this was to be installed. If you wish to discuss this matter further, please - contact me at 537 -8421. .Sincerely, Thomas L. Heenan Supervising Sanitarian Brooklyn Center Health Department TLH: cc: Richard Schieffer, City Attorney, Tom Bobbitz, Administrative Assistant Encl. 6 i Section 8 -117. TOILET AND LAVATORY FACILITIES 8 -1 - 17.01. Toilet Facilities. Every food establishment with the. exception f food vehicles and vending machines shall be provided with conveniently cated and approved water flush toilets 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 pro - vided for waste materials. When toilet facilities are provided for patrons such facilities shall meet the requirements of this item. 8- 117.02. Lavatory - Required Equipment. Every food establishment other than vending machines, itinerant food establishments and food vehicles handling only pre - packaged food or which transport meat in the manner provided by state law or regulation, shall be provided with adequate,. conveniently located, and approved lavatory facilities with hot and cold running water, hand cleansing com- pound, and sanitary towels or hand- drying devices, provided, that, in all new, or extensively altered food establishments handwashing facilities shall be _ *„ provided within all areas where food is prepared. Section 8 -118. GARBAGE AND REFUSE DISPOSAL 8- 118.01. Garbage and Refuse Disposal. All garbage and refuse shall, prior to disposal, be kept in tight non - absorbent containers which shall be kept covered with. close- fitting lids when filled, in storage, or not in continuous use, * that such containers need not be covered when stored in special insect and rodent - proofed room or enclosure or food waste refrigerator. All other refuse shall be stored in containers, rooms, or areas in an approved manner. The rooms, enclosures, areas, and containers used should be adequate for the storage of all garbage and refuse accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room, or area shall be thoroughly cleaned after the emptying or removal of garbage and refuse. Food waste grinders, when Installed, shall comply with the plumbing ordinance. All garbage and refuse shall' be disposed- of with sufficient frequency and in such a manner as to prevent a nuisance. Section 8 -119. INSECT AND RODENT CONTROL 8- 119.01. Insect and Rodent Control. Effective measures shall be taken to prevent the entrance, breeding or presence on the premises of flies, roaches insects, rodents, and all other vermin. Section 8 -120. FLOORS, WALLS, AND CEILINGS ' 8- 120.01 Floors Walls and Ceilings. The floor surface .in kitchens and In all other rooms and areas in which food is stored or prepared, utensils are washed or stored, or garbage or refuse is stored,.and in toilet rooms, dressing or locker - absorbent materials, and so .rooms, and walk -in refrigerators shall be of smooth non constructed as to be easily cleanable, provided, that the floors of dry food, non- refrigerated, storage areas need not be non- absorbent. 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. Section 8- 120.01 (continued) Abrasive strips also maybe 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 K n the floor. The walking and driving surfaces of all exterior.areas where food is erved shall be kept clean, properly drained, and finished so as to facilitate mainte- nance and minimize dust. The walls and ceilings of all rooms shall be kept clean and In good repair. All walls of rooms or areas in which food is prepared, or utensils or hands washed, shall have easily cleanable, smooth, light- colored, washable surfaces up to the highest level reached by splash or spray. Section 8 -121. LIGHTING. 8- 121.01 Lighting All areas in which food is prepared or stored, or utensils are washed, handwashing.areas, locker rooms, toilet rooms, and garbage and refuse storage areas, shall be well lighted. All working surfaces shall be illuminated at not less than 20 foot - candles of light. At least 10 foot - candles of light shall be provided on all other surfaces and equipment. In storage areas, a minimum of 5 foot- candles of light, thirty inches from the floor shall be provided, Subdued lighting in dining rooms and public access areas is acceptable, provided, that lighting meeting the above requirements shall be available during all clean -up periods in dining rooms and access areas. Section 8 -122. VENTILATION, 8 - 122.01. Ventilation. All rooms in which food is prepared or served, or �_ ensils are washed, and toilet, dressing, and locker rooms, and garbage and refuse storage areas shall be well ventilated and shall be free of disagreeable or excessive odors, condensation, vapors, smoke, and fumes. Air replacement vents shall be designed to permit the entrance of an equal volume of displaced air and to prevent the entrance of insects, , dust, or other contaminating materials. During seasons when weather conditions require tempering of make -up air, adequate equipment shall be pro- vided to temper the make -up air. All gas or oil fired room heaters and water heaters shall be vented to the outside air. Section 8 -123. DRESSING ROOMS AND LOCKERS. 8- 123.01. Dres s ina Rooms and Lockers. Facilities shall be provided for the storage of employees' clothing and personal belongings. - Where employees routinely change clothes within the establishment, one or more dressing rooms or designated ' areas shall be provided for this purpose. Such designated areas shall be located outside of the food preparation, storage and serving areas, and the utensil washing .and storage areas, provided that, when approved by the Health Authority, such an area inay be located in a storage room where only bottled or completely packaged and pro- tected foods are stored. Dressing rooms or such designated areas shall be equipped with lockers. Dressing rooms and lockers shall be kept neat and clean., ' . y Section B-124. ' HOUSEKEEPING. 8- 124.01. 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 contamination of food and food contact 'surfaces. None of the operations connected with a food i 8- 100.21. Safe Water shall mean water which is not adulterated and which Is free from pathogens and coliform organisms. 8- 100.22. Safe Water Supply shall mean a source of safe water from either the municipal water system or a source of water, - the operation, location and construction of which have been approved by the Minnesota State Board of Health. 8- 100.23. Single- Service Utensils shall mean all utensils which are meant to be used only once and then discarded. 8- 100.24. Smooth shall mean having an even surface free of cracks, chips, open seams, rust, corrosion, breaks, pits, checks and ridges. 8- 100.25 Smooth, with reference - to equipment and utensil surfaces in addition - to - the definition of smooth herein, shall mean a surface which in - the case of stainless steel, nickel alloy or other corrosion resistant metal, has at least a No. 4 mill finish; or in the case of cast and forged steel and cast alloy, has a roughness not exceeding American Standard No. 125; or in the case of noncorrosion resistant alloys, is at least as smooth as commercial grade rolled steel and is free of loose scale. 8- 100.26. Social or Service Agency shall mean a Minnesota nonprofit corpora- tion substantially devoted -to public service or public charity, established and regularly operating within - the City for a period of more - than one year, - the bulk of those members and shareholders reside within the City. 8- 100.27. Utensils shall mean all kitchenware, tableware, dishes, glassware, cutlery,,. pots, pans , containers, implements, or other equipment _with which good comes In contact during storage, cooking, preparation, display, or _ 8- 100.28. Vending Machine shall mean any self - service device which upon inser#on of a coin, coins or tokens, or by other similar means, dispenses unit servings of food, either in bulk or in packages without the necessity of replenishing the device between each vending operation: 8-100.29. Wholesome shall mean sound, healthful, clean unadulterated, and in all ways fit for human food. Section 8 =101. LICENSES. 8- 101.01. Licenses Required. No person shall operate 'a food establish- ment or engage in the business of operating any of the following - types of enterprises within 'the corporate limits of - the City of Brooklyn Center unless license for the current year of - the applicable - type described herein and listed below shall have been obtained therefor pursuant to - this ordinance from the City Clerk; Bakery food vehicle Itinerant food establishment Catering food vehicle Readily- perishable food vehicle Food establishment Vending machine vendor `� � � .rte r . �. ' - ... : - „ t �..• +. �r-« - w ` ✓.. _ - j 4r A �}+.r e ORDINANCE NO. 3 FOOD PROTECTION ORDINANCE FOR HENNEPIN COUNTY -.-- >= "The County Board of Hennepin County ordains: SECTION I PURPOSE - The purpose of this ordinance in to establish standards to p the health, safety and'the general welfare of the people under Minnesota Statutes Section of Hennepin. County pursuant to powers granted 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 w persons utilizing food establishments. 3. Provide minimum standards for the design, construction, OP eration and maintenance of food establishments. lit and safety of 4. Meet consumer expectations of the quality food establishments. SECTION II SCOPE - This ordinance shall be applicable to all food •' - establishments such as, but not limited to, restaurants, boarding houses, R drive -ins, bars, taverns, caterers, cafes, clubs, lodges, commissaries, g` 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 sezvtd 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 House 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 - m following words shall have the following meanings: y 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 - TM.' 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 *' m processed prepared, packed., or held under insanitary conditions; ..- ° +.aF:3•f!';' 'aF -cal ». >� �� F e � f •"3i ) 3ti M^ t t r - . t #KEr =� y+a' -.. ':. s . �� .i-t u... �...w�a... vim: •.+�:,, &i.'a`$?w.'- '@�wisRi.+ra � s r.Y "+e. .a P' � a y. ' - +. a..' q y ,w.y.n.l. «r'.'` 'v`i b•p f '?Th'?� y�,'.� 't f .+r4: Y. t�er�. «.++��e •i.V+'i�Wa'r �,.- �v+scw�ii+"?i •° .s..' ` Sie: R@ �Yti�i�N�il� 11'ir*i�di:�i�."�+H`#u�'3C.'k 79C. � 1,+'e�u1�E'r .': •"�•ar s... .. ".7 . ry .a _. F •' a".sT� " ti whereby it may have become contaminated with filth, os whereby it may have o 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 os deleterious substance which may render the contents injurious to health. �, 4 Subsection 2 "Approved" shall mean acceptable to the Health Authority .� as determined by conformance to appropriate standards and good public health 1 practices. Subsection 3 "Catering Food Vehicle" shall mean any food vehicle used - 'to transport any food from its point of preparation to a point 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 v i hi or touch, by ultraviolet ,r 'nar s microbial substances discernible by or g ` light or by artificial light, by the safranine - dye test or by micrascop�c' or microbiological examination and free from insects, vermin and debris. Subsection 5 "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 -of -use environment. Subsection 6 , County" shall mean Hennepin County. nt Board" shall mean the Hennepin County Board of n 7 , County - 'o Subsecta Y Commissioners. ; Subsection 8 "Easily Cleanable" shall mean that surfaces are readily 3 = S accessible and made of such materials and finish and so fabricated that rest - due may be effectively removed by normal cleaning methods. Subsection 9 "Embargo" shall mean the with - holding of food, equipment, P }} utensils, or clothing from sale or use in any establishment that comes with �� g r the jurisdiction of this ordinance until approval is given by the Health Authority for such sale or use. 10 "E u meet "shall mean stoves, ovens, ranges, hoods, slicers, q p Subsection es dish washin machin mixers, meatblocks, tables, counters, refrigerators, sinks, g steam tables, fixed and mobile manufacturing, processing, packaging and con u ' veying equipment, and similar items other than utensils used in the operation x of a food establishment. = Subsection 11 "Food" shall mean any raw, cooked, or processed substance, 3 beverage, water, ice, or other ingredient used or intended for use in whole or in part for human consumption. -- Subsection 12 "Food- Contact Surface" hall s mean those surfaces of equip f ment and utensils with which food normally comes in contact, and those suz rY r� faces from which food may drain, drip, or splash back onto surfaces normall; in contact with food.~'°"`', ' .. .W , i Subsection 13 "Food Establishment" shall mean any building, room, stand, s ace, area or other place where food is stored, pre enclosure , vehicle, p - pared, manufactured, processed, wrapped, canned, packed, bottled, transported, ., a �,aµ'• .. :r= �^<.. .� �...n .,- -+•",='f'a ice' -Y+s s�.,� ,wra:,t _, ,w:.. 4.= ^,.- 5„ Y��-- �''r•4i•�.+- .�ti.�..�s.. -,.�r� � —.� � +M+.a�+�� � a -;„ _ •. `�' ^ki-+ -�,*. t r_aj FS` :3.+4T`mra• ed� . .`� f"S� `- K'. rJ� e,. '\ a <....s:•S.ar.G sf P>••+.:l = �r►:w+ ."'_Yv c A..' Y - - - c, :M5 �+k -a "•X' • - e ; ]. ;..: s:. �r ` ice' L9. 1 .. •}�-+cr� - 1 •C et i ww .. A ,' _. n �M'v v f "•.' r � 1 .,ate" R - • a. 'A ✓nom' x� " �� wx R., SECTION X1'II CONSTRUCTION AND !LAI?�'TENANCE OF PHYSICAL FACILITIES Subsection I: 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 ermitted. These re - -, p 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' =� a l floors are subjected to flooding -type cleaning or where normal operations j 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. Outs 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: halls and Ceilings The walls and ceilings of all rooms , -_ shall be kept clean and in p good repair. All walls 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. hall finishes shall be resistant to the wear and abuse to which they are subjected. Ceilings of ii such rooms shall be easily cleanable. The walls and ceilings of such rooms v 4g e shall be finished in a light color. > r Subsection 3: Utility Lines and Pipes All utility lines and pipes such as, but not limited to, electric,gas, water, sewage and similar waste '- r 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, r = walls, floors or ceilings. Exposed utility service lines or pipes shall be installed in a manner that does not obstruct or prevent the easy cleaning of food equipment, floors, wall and ceiling surfaces and areas. SECTION XL'III LIGhING -� Subsection 1: General All areas in which food is prepared, processed, manufactured, packaged or stored; or where utensils and equipment are -s washed; handwashing areas, locker rooms, toilet rooms; and all garbage and refuse storage areas shall be well lighted. all food contact surfaces shall be illuminated at not less than seventy foot candles of light. At least . 'y ? thirty foot candles of light shall be provided on all other surfaces and F = , equipment. In storage areas, a minimum of twenty foot candles of light _r a measured at 30 inches from the floor shall be provided. - Subdued lighting -- in dining rooms and public access areas is permissible, provided that 1 g lighting meeting the above requirements shall be available during all clean -up periods in dining rooms and access areas. `-*s w .. ,r. sr'a�x1` r . e ... s .aL *_ fi #..i .{a, .Y- .. • 'L . .. _h . r ' '. L , ... Ga'vm Olson • C onkel May 14, 1982 Lt LAWYERS/ MICHAEL M. GAVIN KERRY B. OLSON Ci ty of Brooklyn Center C TERRE E. ONKEL 6301 Shingle .Greek Parkway MICHAEL R. SAVRE Brooklyn Center, !Minnesota 55430 OF COUNSEL! EDWARD J. GAVIN Attn: Thomas Bubl i t2 GAVIN LAW BUILDING City ,Administrator .1017 HENNEPIN AVENUE GLENCOE, MI Re: Fisher Food Products Inc. 55336 � 6800 Shingle Creek Parkway PHONE/ Brooklyn Center, Minnesota 55430 E ADDRESS/ A p p l icati on for Food Handling n Fermi t GABLE ADDRESS/ 9 'ADVOCATE' cITizENS STATE Dear Mr. Bubl i tz: BANK BUILDING NORWOOD, MINN. The writer represents Fisher Foods and Mr. Carl Il i ff, its Manager, in 55368 regard to this matter. I am in receipt of Mr. Thomas L. Heenan's PHONE/ letter of May 7 1982. The writer hereby requests that this entire • $121 -3940 y � matter be considered by the Brooklyn Center City Council at its meeting FWpty to G101cft office on Monday, May 24, 1982. The writer would appreciate being advised as to the time this matter is scheduled on the ag enda in the interest of conserving both the City Council's and the applicant, Fisher Foods', time. The writer would l i k e to make the following comments in regard ` to Mr. Heenan's letter. Mr. Heenan's interpretation of the applicable code would require installation of a ceranic tile floor in the Fisher Food facility at an increased expense of approximately $8,000.00 over and above concrete properly sealed with a polyurethane material. In addi- tion, the cost of ceramic tile is not laid continuously, but rather is intentionally laid down with spaces or gaps in between tile which are then later filled with grout which is a cement or concrete substance and which is not ordinarily sealed. The discussed e wri r as the H in d' to Hennepin n ordinance n 3 entitled p County i s ce No. a tit d e Food Protection Ordinance for Hennepin County with Mr. John Urbach, the County official whose obligation it is to enforce the ordinance., Mr, John Urbach advises the writer that ordi nance No. 3 has never been applied and in his opinion does not apply to a facility for the wholesale preparation of food which is not sold on the premises at retail to the public. Fisher Foods does not sell at retail to the public, but does engage in the wholesale preparation of food for distribution through various grocery chains. City of Brooklyn Center May 14, 1982 Page -2 Thus, the Fisher food facility is not a typical fast food operation where a large number of young employees are hustling back and forth over the floors to bring hamburgers, french fries, etc., to customers. The floor itself does not take anywhere near that kind of wear and tear. Fisher Foods employs relatively few employees who are moving larger amounts of food at a slower pace for preparation. Fisher Foods proposes that the concrete floor will be sealed fully with polyurethane producing a smooth, even surface free of cracks, chips, open seans, rust, corrosion, breaks, pits, checks and ridges as called for by Brooklyn Center Ordinance 8- 100.24. This surface will much more easil and canpl etel y cleaned than ceramic tile with grouted spaces between. This would appear to comply with Brooklyn Center Ordinance 8- 120.01 requiring that floor surfaces in kitchens and all other roans and areas in which food is prepared shall be of smooth, non- abs -rbant materials and so constructed to be easily cleanable. It would appear that the issuance of a food handling permit allowing a concrete floor sealed with polyurethane would serve the purposes of both the City of Brooklyn Center and the applicant Fisher Foods as well in that a more canplete, thorough and sanitary job of cleaning can be done on the polyurethane surface. The writer requests the City Council's_ • consideration at the May 24th meeting. If you have any immediate questions or need additional information please contact the writer at your convenience. I ichatr 1y s el M. Gavin MMG /lfd cc: Thanas L. Heenan Carl Iliff Member 8 introduced the following resolution and � moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES WHEREAS, there is a need for interim financing prior to the selling of bonds to finance certain improvement project costs which are to be assessed against benefitted properties: NOW, THEREFORE, BE IT RESOLVED by'the City Council of the City of Brooklyn Center, Minnesota, to authorize the issuance and sale by Special Assessment Construction Fund No. 58, Temporary Improvement Notes in the amount of $492,000.00. These notes shall be dated January 4, 1982, and shall be payable out of proceeds of the final bond issue for the projects. These rotes shall bear an interest rate of 10% per annum in accordance with Resolution No. 81 - 95, dated May 4, 1981, which established an interest rate on loans from the Investment Trust Fund to other City funds. BE IT FURTHER RESOLVED that the City of Brooklyn Center Investment Trust Fund be authorized to purchase these notes. }_ BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute the aforementioned notes. Date Mayor ATTEST: Clerk e 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. x UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER $492,000 TEMPORARY IMPROVEMENT NOTES KNOW ALL MEN BY THESE PRESENTS, that the City of Brooklyn Center, Hennepin County, Minnesota Special Assessment Construction Fund No. 58 acknowledges itself to be indebted and for value' received hereby promises to pay the City of Brooklyn Center Investment Trust Fund upon receipt of the proceeds of a bond issue to be sold for financing certain improvement projects included in Special Assessment Construction Fund No. 58, but in any event prior to January 3, 1985, the sum of Four Hundred Ninety Two Thousand Dollars and to pay interest thereon at the ►A°---- rate-of ten percent (10 %) per annum from the date hereof until the rinci al amount is P p paid. Both the principal and interest are payable at the Office of the City Manager in the City of Brooklyn Center, Minnesota. IN TESTIMONY WHEREOF, the City of Brooklyn Center, Hennepin' County, Minnesota, by its City Council has caused this note to be • signed by its Mayor and its City Manager and sealed with the City Seal on the 4th day of January, 1982. Mayor City Manager - - a SUAL r November- 6, 1981 City of Brooklyn Center Parks and Recreation Department City Hall 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Contract Proposal for Professional Services Central Park Gentlemen: This letter proposal outlines a scope of services, fee sche- dule and other elements which, if approved, constitute an agreement between the CITY OF BROOKLYN CENTER, Brooklyn Center, Minnesota herein referred to as the OWNER, and BRAUER & ASSOCIATES LTD., INC., herein referred to as the CONSULTANT. The OWNER hereby retains the CONSULTANT to provide landscape architectural and planning services required to comaiete a planting plan, cost estimate and assistance in the prepara- tion of an LCMR Grant Assistance Application, hereinafter referred to 'as the PROJECT. A. SCOPE OF SERVICES - Basic Services 1. Research, collection, review and synthesis of all data that will affect planning and design efforts within this PROJECT. 2. Pre paration of base maps suitable for use within this PROJECT. 3. Preparation of two plan graphics: a)', One graphic to ill ustrate envi ronmental in- trusions. b) The second graphic will illustrate existing, ini- tial and ultimate development considerations. Initial development to include 'location of a men's and`womens satellite" toilet station. Planting scheme to be conveyed with tree stamps only--no detailed plant materials schedule. Two (2) prints `> of each graphic to be "colored as directed within �. Grant Application guidelines. 7901 Flying Cloud Drive, Eden Prairie, Minnesota 55344 ❑ (612) 941 -1660 City of Brooklyn Center -2 November- 6, 1981 { 4. Review of graphics (in preliminary form) with OWNER to confirm accuracy and compl eteness of presentation drawings. 5. Written materials to be recorded l isting: a) environmental intrusions b) environmental issues assessment 6. Preparation from the approved graphics, of a preli- minary development cost estimate for initial phase construction. An initial budget of $108,000.00 has been identified and is to include: -�--- a) plant materials (not detailed) b) satellite facility c) consultant fees d) City administrative fees 7. Presentations to OWNER during the course of the PROJECT. — B. SCOPE OF SERVICES Additional Services 1. Design Development, Construction Documents and Sp ic for development and required h e complete and ready for bidders. 2. Bidding Procedures which include preparation of ad- vertisements for bids, clarification of questions by addenda during the bidding period, analysis of bids received and recommendations for contract award. 3. Construction Observation: Periodic communication -w th the Contractor and OWNER and visits to the site_ on the average of one per week during construction to -interpret design intent of the plans and specifica bons; set up payment schedule; approve shop drawings; rwak:e general progress reports process change orders; and approve field changes. C. FEES FOR PROFESSIONAL SERVICES The OWNER s hall compensate the CONSULTANT for completion of professional services described above as follows: 1. For the CONSULTANT'S uasic Services, as described in Paragraphs A-1-through A -7, above, a lump sum flee including ex not to excee.d.ONE THOUSAND NINE HUMORED DOLLARS ($1,900.00). City of Brooklyn Center -3 November 6, 1981 2. For the CONSULTANT'S Additional Services, as described in Paragraphs B -1 through B -3, above, a Lump- Sum Fee, including expenses not to exceed SEVEN THOUSAND EIGHT 'HUNDRED DOLLARS _;$7,800.00). -30 For the CONSULTANT'S Reimbursable Expenses, actual expenditures for the CONSULTANT'S Additional Services, other than the hourly fee, directly connected with the PROJECT including mileage, cost of soil borings, testing or special consultants as directed by the OWNER, and identifiable materials, services or supplies used in reproduction of reports, drawings, specifications or field work. D. PAYMENT TO THE CONSULTANT e 1. Statements will be submitted to the OWNER on a monthly basis, with a breakdown of time and expenses for ser- vices performed, or work completed, through the 25th of the previous month. .2. Payments on account of CONSULTANT'S services are due and payable within thirty days of receipt of CONSULTANT'S statement of services rendered. E. OWNER'S RESPONSIBILITY The OWNER .shall make available or' allow access to all existing data related to the work and all other data or infdratil which may develop that could possibly.have a # bearing on.the decisions or recommendations made under_ this Agreement. The OWNER shall specifically provide where available: 1. Final printing of all plans and specifications for use in PROJECT bidding and construction. 2. Pro'ject.program data in addition to that already pre - sented. 3. Identification of any site restrictions. 4. Additional data or information which will have'a bearing on the planning or design conclusions and recommendations of the CONSULTANT. -5. One designated - individual with whom the CONSULTANT can meet, receive instructions and deliver infor- mation and coordinate all planning activities. City of Brooklyn Center -4- November 6, 1981 F. TERM, TERMINATION, SUCCESSORS AND 1. The -Term of the Agreement shall be concurrent with the work authorized. 2. Termination may be accomplished by either party at any time by written notice, and shall be effective upon payment in full for all services performed to the date of receipt of such notice. 3. The OWNER and the CONSULTANT each binds itself, its partners, successors, assigns and legal represen- tatives to the other party of this Agreement, and to the partners, successors, assigns and legal represen- tatives of such other party with respect to all cove- nants of this Agreement. 4. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. G. NONDISCRIMINATION The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, . religion, sex, national origin, physical condition or age. The CONSULTANT will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, physical condition or age. Such action shall include but not be limitedto the following: Employment, upgrading, demo - tion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation and se- lection for training including apprenticeship. H. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE - 1. The CONSULTANT shall maintain time records for hourly fees, design calculations and research notes in legible form and will be made available to the OWNER, if requested. 2. The CONSULTANT shall carry insurance to protect him from claims under Workman's Compensation Acts; from claims for damages because of- bodily injury including death to his employees and the public, and from claims for property damage. City of Brooklyn Center -5 November 6, 1981 3. The - CONSULTANT reserves the 'right to secure and main- tain statutory copyright in all published books, published or unpublished drawings of a scientific or technical character, and other works related to this PROJECT in which copyright may be claimed. The OWNER shall have full rights to reproduce works under this Agreement either in whole or in part as related to this PROJECT. One copy of each drawing shall be pro - vided in reproducible form for use by the OWNER, but the original drawings will remain the property of the CONSULTANT. I. EXTENT OF AGREEMENT AND APPLICABLE LAW 1. This agreement represents the entire and integrated .agreement between the OWNER and the CONSULTANT and supersedes all prior negotiations, representations, or agreements, whether written or oral, with respect to the PROJECT. This agreement may be amended only by written instrument signed by both OWNER and CONSULTANT. 2. Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. City of B-rook�lyn Center 6 November 6, 1981 J. The OWNER hereby contracts for the Basic Services as outlined in Paragraph -/V.,4 of this Agreement. IN WITNESS WHEREOF the OWNER and the CONSULTANT have made and executed this Agreement, This �3 % day of 1981: CITY OF BROOKLYN CENTER Brooklyn Center, Minnesota In presence of: BRAUER &'ASSOCIATES LTD.,,INC. In presence of: Eden Prairie,_ Minnesota l Paul are M.L.A. President v ww r: d r � DEPARTMENT y � CITY O OF Bi BROOKLYN FINANCE ENTER MEMORANDUM TO: Gerald G. Splinter City Manager FROM: Director bf Finance DATE May 13, 1982 SUBJECT: SPECIAL IMPROVEMENTS TEMPORARY FINANCING r I have attached three resolutions which deal with the City's temporary financing of special improvement projects. They are: (1) A Resolution Authorizing the Issuance of Temporary Improvement'Notes • This resolution, if adopted, will formalize the temporary borrowing from the Investment Trust Fund for special assessment improvement projects expenditures during 1981. These funds were advanced as needed during the year and the Council should now formally authorize a temporary improvement note for the total borrowing. The interest rate on this note will be 10% as approved by the Council in No. 81 -95 of May 4, 1981. This will be the last temporary improvement using this note format and procedures if the resolution explained in (2) below is adopted by the Council. (2) A Resolution Approving Procedures for the Issuance of Temporary Improvement Master Notes This resolution, if adopted, will authorize a new procedure for the issuance of temporary improvement notes. In the past, the Council has authorized the issuance of temporary improvement notes whenever funds were needed to make contract payments for construction costs. The note would be for one or more projects and would be purchased by the City's Investment Trust Fund. The Investment Fund was repaid when permanent financing was obtained through the sale of long -term bonds. The system worked well, but had two weaknesses. They were: (1) the system created a lot of paper -work because of the necessity to issue a large number of notes during the con struction season (i.e., every time funds were required to make contract payments), and (2) the system required the independent auditors to allocate interest costs back to individual projects at year end. The new procedure will authorize me to issue a master note one time for the entire project • when it is approved by the Council. We will then record on the note each time money is advanced to make contract payment. This procedure will reduce the number of notes presented to the Council for approval, make interest computations more precise, and leave a cleaner audit trail for the "'f lce So..rcfluc� aye I p f Memo Page Two May 13, 1982 auditor. We began this new procedure at the beginning -of the construction season, but, because we felt that this is a major procedural change, the Council's approval should be requested. I have attached a sample copy of the note to be issued. (3) A Resolution Establishing an Interest Rate on Loans From the Investment Trust Fund to Other Funds of the City of Brooklyn Center This resolution, if adopted, would raise the interest rate charged by the Investment Trust Fund on loans to other City Funds from 10% to 12% per annum. The change would be retroactive to January 5, 1982, after the issuance of the note for 1981 projects referred to in resolution (1) above. Because of current economic conditions, the 10% interest rate has .become insufficient. If you are in agreement with the resolutions, please present them to the City Council for approval. Respectfully submitted, Paul W. Holmlund PWH :pk Member introduced the following resolution �� and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PROCEDURES FOR THE ISSUANCE OF TEMPORARY IMPROVEMENT MASTER NOTES WHEREAS, in the past, the City has issued Temporary Improvement Notes, and sold them to its Investment Trust Fund, to temporarily finance Special Assessment improvements which are later permanently financed by the sale of long -term improvement bonds; and WHEREAS, in the past, the City Council has authorized the issuance of Temporary Improvement Notes each time that projects needed funds to make partial payments for construction costs; and WHEREAS, notes were therefore issued as often as twice a month; and WHEREAS, the authorization by the Council for the issuance of a Temporary Improvement Master Note when a project is approved to serve as auth- orization for project borrowing during the entire construction period for that project will reduce paper -work and provide a better basis for interest alloc•.�g; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to approve the use of Temporary Improvement Master Notes for general obligation temporary improvement financing retroactive to January 1, 1982. 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. E Member introduced the following resolution C and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER WHEREAS, the City Council of the City of Brooklyn Center did on May 4, 1981, adopt Resolution No. 81 -95 which established an annual interest rate of 10% to be charged on loans made by the Investment Trust Fund to other City funds; and WHEREAS, because of current economic conditions the interest rate of 10% is insufficient; and WHEREAS, the City Council has determined that an annual .interest rate of 12% is sufficient and equitable: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the annual rate of interest to be charged by the Investment Trust Fund on loans to other City funds be set at 12% retroactive to January 5, 1982. 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: i whereupon said resolution was declared duly passed and adopted. f s: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING GIFT OF A BUTTERNUT TREE FOR THE ARBORETUM FROM THE BROOKLYN CENTER CONSERVATION COMMISSION WHEREAS, the Brooklyn Center Conservation Commission has presented the City with a gift of a Butternut tree which has been planted in the Arboretum; and WHEREAS, the City Council is appreciative of the gift and commends the Brooklyn Center Conservation Commission for their civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude, - 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. P THE RESOLUTION ACCE TING GIFT OF A BLACK SPRUCE TREE FOR ARBORETUM FROM THE HOME AND GARDEN CLUB OF BROOKLYN CENTER WHEREAS, the Home and Garden Club of Brooklyn Center has presented the City with a gift of a Black Spruce tree which has been planted in the Arboretum; and WHEREAS, the City Council is appreciative of the gift and commends the Home and Garden Club of Brooklyn Center for their civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude. i 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. x Member introduced the following resolution and ;moved its adoption RESOLUTION NO. RESOLUTION ACCEPTING GIFT OF A SCHWEDLER MAPLE TREE FOR THE ABORETUM FROM THE BROOKLYN CENTER LIONS CLUB WHEREAS, the Brooklyn Center Lions Club has presented the City with a gift of a Schwedler Maple tree which has been planted in the Arboretum; and WHEREAS, the City Council is appreciative of the gift and commends the Brooklyn Center Lions Club for their civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude. 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. • U c � Member introduced the following resolution and f moved its adoption: i RESOLUTION NO. t RESOLUTION ACCEPTING GIFT OF A MOUNTAIN ASH TREE FOR THE ARBORETUM FROM THE BROOKLYN CENTER LIONESS CLUB WHEREAS, the Brooklyn Center Lioness Club has presented the City with a gift of a Mountain Ash tree which has been planted in the Arboretum; and WHEREAS, the City Council is appreciative of the gift and commends the Brooklyn Center Lioness Club for their civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude. 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. x _a $h Member introduced the following resolution and moved its adoption: } RESOLUTION NO. RESOLUTION ACCEPTING GIFT OF A SILVER MAPLE TREE FOR THE ARBORETUM FROM GIRL SCOUT TROOP #1269, EVERGREEN SCHOOL WHEREAS, Girl Scout Troop #1269, Evergreen School has presented the City with a gift of a Silver Maple tree which has been planted in the Arboretum; and WHEREAS, the City Council is appreciative of the gift and commends Girl Scout Troop #1269, Evergreen School for their civic efforts.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude. 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 f following voted in favor thereof: and the following voted against the same whereupon said resolution was declared duly passed and adopted. t k 8 tK Member introduced the following resolution and r moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING GIFT OF AN AMERICAN LINDEN TREE FOR THE ARBORETUM FROM ORCHARD LANE ELEMENTARY SCHOOL WHEREAS, the Orchard Lane Elementary School has presented the City with a gift of an American Linden tree which has been planted in the Arboretum; and WHEREAS, the City Council is appreciative of the gift and commends the Orchard Lane Elementary School for their civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude. 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. s„ pp .* 4J Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING GIFT OF A LITTLE LEAF LINDEN AND A SUGAR MAPLE TREE FOR THE ARBORETUM FROM DISTRICT 5, CAMP FIRE WHEREAS, the District 5, Camp Fire, has presented the City with a gift of a Little Leaf Linden and a Sugar Maple tree which have been planted in the Arboretum; and WHEREAS, the City Council is appreciative of the gift and commends the District 5, Camp Fire, for their efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude. 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. CITY OF BROOKLYN CENTER + CL Notice is hereby given that a public hearing will be held on the 24th day of May, 1982 at 7:3o p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City Ordinances regulating and licensing amusement devices. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING REGULATING AND LICENSING AMUSEMENT DEVICES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Sec 23 -010. LICENSE FEES. The fees for the vari licenses shall be as hereinafter stated, notwithstanding other ordinance provisions regarding the specific fee. I . Fee, (annual un- less otherwise Tvpe of License R equired by Section License Expire stated) Amusement Device 23 -2-341 June 30 Operator $75 permachine Vendor 150 -- Section 23 -2101. LICENSE REQUIRED. A. No operator as defined herein shall keep, o erate, maintain or permit_ to b e operated or maintained upon premises within Ts irect or in- direct control within the City of Brooklyn Center any amusement device, unless such person, firm, partnership or corporation shall have first procured a' License as hereinafter provided. B. No vendor as defined herein shall prov an amusement device or devices to any operator or amusement center located within the City of Brookl n enter un ess such vendor shall have first roc a License as here � i na ter provided. Section 23- 210 DEFINITIONS A. "Amusement Centers" - The operation of one or more amusement devices e xcept those designed for and used exclusively as rides for children) as a principal or secondary use available for use by n on - employees upon commercial pr emises other than those listed in Section 23 -2109 Su _,, subject to the Special Use Permit requirements of Section 35-220 of the City Ordinances. B. "Vendor - A person, firm, partnership or corpo ration which owns one or r ` more amusement device and which provides such devices to an amusement center operator, or to.t a operator manager or owner of an esta ish- a meet authorized to have amuse devices on his/her premises for pub i s use. ORDINANCE NO. C. "Amusement Device The term amusement device as used herein means any amusement device of e o owing Types: M A machine or contrivance, inc luding" inball" machines electronic or vi games, mechani miniature pool tables, bowling machines, shuffle boa rds, elec riTTe or gun ranges, miniature mechanical or el ectronic devi and games or amusements patterned after basebal basketball, hockey and similar games and like devices, machines, or g ames which may be played solely for amusement and not as a gamb ing device and which devices or games are la ey d by the insertion of a coins or tokens or at a fee fi xed and c aFiar ecTby the e stablishment in which such devices or machines are locate and which contain no automatic payoff devices for -the return of-money, R — money, coins merchandise checks tokens or any other thing.or item of value; provided, however, that such machine may be equipped to permit a free play or game. Amusement devices designed for and used exclusively as rides or child r :�� such as, but not limited t�, kiddie ca , miniature airplane rides, mechanical horses and other miniature mechanical devices not operated as a part of or in connectio with any carnival, circus, show, or other entertainment or ex ibition. D. "Operator" - A person, firm, partnership or corporation which manages and /or owns premises on which one or more amusement devices are avail- able for use by persons not employed by the operator. E. "Licensed Premise" A premise upon which licensed amusement devices are used or intended for use. Section 23- 2103. APPLICATION FOR LICENSE. A. Operator's License. The application for an operator's license shall contain the following information: Name, address, age, date and place of birth of the operator. (2) ' Prior misdemeanor or felony convictions of the operator, if any, but excluding traffic violations. Prior employment experience of a supervisory nature. (4) Address of premises where amusement dev is to be displayed or operated and the primary business conducted at that premises. - Owner of premises If the interest of the op erator be that of a corporation or of er b usiness entity, the names of any persons having a five percent 5% or more interest in said business entity shall be listed ORDINANCE NO. Name and address of amusement device ve ndor (if applicable) and a cop y _ of lease agreement, exclusive of`'confidental financial information. Number and type of amusement devices to be maintained on premises. B. Vendor's License. The application for a vendor's license shall contain the following information: Name and address of vendor. L) . Location or locations where amusement devices will be used. Prior misdemeanor or felony convictions, if any, but excluding traffic violations. If the interest of the vendor be that of a corporation or other business entity, the names of any persons having a five % or more interest in said business entity shall be listed. Section 23 -2104. LICENSE FEE. A. The annual license fee for required li shall be as set forth'in Section 23 -010 of the C ity Ordinances. Licenses shall be issued for an annu iod from J uly lst through June 30th for each year hereafter, p rovided, however, that the initial license fee for each applicant shall prorated as of the date of the a pplication therefore. Said application -for license shall then be presented to the City Council • for consideration, and if approved, the City Clerk shall issue the license to the applicant. B. At the time of application for an operator's license or vendor's license the applicant shall pay in full an investigation fee in the amount of $100. If at any time an additional investigation is re- quired because of a change of ownership or control of a corporation or partnership previously licensed, the licensee shall ay in full an additional investigation fee in the amount of $50. Investigation fees shall not be refunded Section 23 -2105. INSURANCE. The operator shall also submit with his application a policy of liability insurance applicable to death or injury caused by the operation,of-t e licensed amusement device or the premises upon which it is located in the minimum amounts of $100,000.00 for injur to or death of any person o r 300,000.00 for one accident. Section 23 -2106. INSPECTION. A. Application for license shall be made in duplicate and one copy shall be referred tote City Manager or MY 'r - de - sign - atea inspector who shall investigate the location w erein it s p to operate such amusement device, ascertain if t e app- a is -a person of goo mora character, and recommend either approval' or disapprova — of the r pli- cation No license shall Be approved the City Counci until e recommendation of "t the City Man eenn c onsidere d. ORDINANCE NO. B. Each amusement device located in the C ity of Brookl Center shall be inspected by the Chief of Police dri or to appro for i tens i ng, and an inspection report shall be f to the City Manager. Upon notice by the Operator to the Chi of Police requesting an inspection and stating that one amusement device has been substituted f or another under an existing license, pursuant to Section - hereof, said substituted amusement device may be operated unless license therefor has been denied by the Ci ty Council An amusement device which is not being substituted for another pursuant to ection 23 -2108 hereof, shall not be operated until notice has been give n yy the Operator to the Chief of Police requesting an inspection, an inspection report has been forwarded to the City Manager, and a license issued. Refusal by an 0 erato -r of the right of entry to the Chief of Police during business hours for the purpose of a scheduled inspection, a requested inspection, o an inspection made upon probable cause, shall constitute grounds fo revocation of afiT licenses for amusement devices held by the Ope Section 23 -2 107. DISPLAY OF LICENSE The license herein provided for shall be pos permanently and conspicuously at the location of the amusement device in the premises wherein the device is to be operated or maintained to be oper Section 23 =2108. TRANSFERABILITY. A. One amusement device may be substituted for another similar amusement device under a single license provided that the number of amusement devices shall not exceed the number approved under the license. B. Operator's licenses are issued for one location one and such licenses are nontransferable between locations. G Section 23 -2109. LOCATION OF AMUSEMENT DEVICES. A. No amusement device shall be located, placed, maintained or operated on any public street, avenue, boulevard, lane, o alley within the City. No amusement device shall be located on private property in such a manner as to block or interfere with esta driving lanes, parking places, fire lanes, exitways or walkways nor shall an amusement device be located so that its operation will create a nuisance. E B. Licensed amusement devices shall be allowed to be located as secondary or incidental uses in the following commercial establishments: establishments holding an on- sale non- i n_toxicating_liquor license, an on -sale intoxicating liquor license, an on -sale wine license or an. on -sale club license. eating establishments including eating est ablishments offering live entertainment, but excluding convenience food restaurants and drive -in eating establishments. recreation centers. motion picture theaters. bowling establishments. t ORDINANCE N0. (6) athletic clubs. health spas. hotels and motels. clubrooms and lodges. iL0 other retail.operations provided the p on which the amusement device is to be located i not within 150 feet of any residentially zoned R1 through R7T property. C. Amusement centers shall be subject to the provisions of Section 35 -220 of the City Ordinances provided the property on which the amusement center is to be located is not within 150 feet of any residentially zoned Rl through R7 ) property. D. Licensed amusement devices designed for and used exclusively as rides Tor children may be located in any place or upon any premises approved by the Cif Council. Section 23- 2110. USE FOR GAMBLING. It shall be unlawful for the owner of any amusement device, or for the owner or operator of any establishment where it is located, to knowingly permit the same to be used for gambling o f or the making of bets or wagers Section 23 -2111. PAY- OFFS. It shall be unlawful for the licensee or for the owner or operator of the. establishment where any amusement device is lo cated to give any money, token, merchandise or any other thin of va or any reward or prize in ,l ieu of free games registered on such devic and all free games so registered shall be played on the devic re such free game, and there shall be no mechanism on the amusement device whereb the operator can cancel registered free games. Section 23- 2112. AUTOMATIC PAY -OFFS It shall be unlawful for any person to kee maintain, sell or permit to b e operated any amusement device which has b een converted into an automatic ay -off device which shall automatically award m oney, prizes, tokens, merchandise, gifts or anything of value, othe than free games to the operator or player of such amusement device. It shall "be nlawful to convert any amusement device into an automatic pay -off device. Section 23 -2113 DESTRUCTION OF ILLEGALLY OPERATED MACHINES. Any amusement device knowingly used b the owner in violation of.Section 23 -2110, 2111 or 21 of this Ordinance may b seized and destroyed in compliance with the provisions of the Statutes of t e State of Minnesota relating to gambling devices. ORDINANCE NO. Section 23 -211 CERTAIN AMUSEMENT DEVICES NOT LICENSED. The licensing provisions of this Ordin shall not apply to any of the foll amusement devices: (l) Any amusement device held or kept for sale or storage and which is not actually in use or di for use. Any amusement device used for private, non - commercial purposes such as home use. i Any amusement device located on comme or industrial premises in lunch rooms, break rooms, employee cafe or recreation rooms which is provided for employees use and not available for use by the general public ) Any amusement device located in a recreation center or recreation room in a multiple - family or townhouse resi dential complex which is provided for use by residents and t guests and is not available for use by the general public. Section 2 3- 2115. AMUSEMENT DEVICES - RESTRICTIONS AND LICENSE REVOCATION. A. It shall be the responsibility of the operator: (1) To prevent the harassment of any person in or adjacent to the licens6d premise by patrons of the licensed premise; (2) To provide adequate and unobstructed ingress, egress and parking areas adjacent tote licensed premise; (3) To prevent the frequenting and the use of the licensed premise' b y l oud, boisterous and disrupfi persons; (4) To prevent the frequenting and the use of the licensed premise b y persons who engage in acts OT va nTa7 i sman es ruction of property in and a out and adjacent to tie` i cense premise; (5) To prevent conduct by patrons of the lic ensed premise which as an adverse effect on adjacent pro perty; (6) To maintain order on the licensed pr emise at all times; (7) To ensure that the licensed premise do not become.overcrowded so as to constitute a ahazard to the healt or`sate y of persons, or so as to exceed a m aximum nUmber OT persons permitte Therei b order of e City Ma nager;' - � (8) To provide full -time adult supervision upon the licensed premise during business ours (9) To ensure that each amusement device on the licensed premise as b een licensed pursuant to t is' orTinance and t at t e I cense is posted in a conspi cuouh place on the i c ense premise. ORDINANCE N0. (10 ) To comply with the provisions of Section 19 -305 of the City • Ordinances. B. It shall be unlawful for any operator to operate t he licensed premise so as to constitute a public nuisance under City Ordinances, Statutes of the State of Minnesota, or the Common Law. C. It shall be unlawful for anv operator to sell, offer for sale, knowingly Permit to be sold or offered for sale, to be dispensed or consumed, or to Permit to be brought into the licensed_ premi a al coholic beverage or controlled substance defined in C hapter 152 of Minnesota Statutes, or to knowingly Permit illegal acti on the licensed premise without immediately notif ingthe Brooklyn - Center Police Department of such illegal activi provided, however, that the prohibitions in this section regarding alcoho beverages shall n ot apply to licensed liquor establishments as set forth in Section 23 -2109 B I_ D. Every Operator and Vendor, in making applic for a license here- under, acknowledges that the license is a personal privilege and does not constitute property, and is not transferable E. Any violation of this Ordinance, or any failure to comply with any Provisions of this Ordinance or any failure to comply_ wi t_ h� any conditional restriction of any special use permit issu wi th respect to licensed premise, is hereby deemed to b ad e uate grounds for on 9 revocation of the license for. all amusement devic the licensed Premise , or in the case of a vendor, on all amuseme d evices provided to licensed p within the Ci of Brookl Center Section 23- 2116. SEVERABILITY. If any part of this Ordinance shall be adjudged to be invalid by a Court of competent ,jurisdiction, such judgment or decree shall not affect or JmpaJr the remainder of this Ordinance Section 23- 2117. PENALTY Any person who violates or fails to comply with a provisi of this r finance a e gui ty o a misdemeanor and subject to a fine not to excee , or imprisonment or a period not to exce ninety 90 ays, with costs of prosecution to be added. Such penalty may be imposed in addition to revocation or suspension of licen The licensee und t is Or finance, whether or not he is in direct cont of a a musement device d escribed in Section 23-2102 hereof, or the premises upon which said amusement device is located, may be charged under this Ordinance or any violation thereof, y vi rtue o i s indirect contro�o said- amusement evice an premi resul t ngfrrom_hiseeingthe I icensee ORDINANCE N0. Section 2. This ordinance shall become effective after adoption and upon thirty (3) days following its legal publication. Adopted this day of 19 Mayor ATTEST. Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). F t j MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspectib'" 7�•• DATE: May 21, 1982 SUBJECT: Ordinance Amendment Regulating and Licensing Amusement Devices On May 24, 1982 the City Council will be considering and holding a public hearing on two ordinance amendments involvin the regulation and licensing of amusement devi 9 9 9 These amendments had a first reading on April 26, 1982 at which time the City Council accepted comments on the amendments from two interested parties. Generally, their comments were favorable regarding the proposed regulations, but were negative regarding the proposed license fees. -It was stated that the proposed $75 per.machine for an operator's license was almost double that of the Metro area. I believe the City of Minneapolis fee of $37 per machine was quoted as a standard. I had the opportunity to met on May 6, 1982 with a Chamber of Commerce committee formed to review the ordinance amendments and review and discuss this matter with them. Most of the discussion centered around the ro osed fees and in m o i -'o P � � xL,.- there P Y op e e was little objection to the other aspects of the ordinance amendments. I feel a legitimate point was raised during that meeting regarding the proposed investigation fee. The h point being: that establishments holding liquor and beer licenses have already . submitted to extensive background investigations (and paid an investigation fee) relating to those licenses and should, therefore, not be required to pay an additional investigation fee. I concur with the above logic and would offer, as a matter of policy, a recomme p y, ton that an .establish in establishment having already been investigated b Y 9 Y 9 Y the Police Department for some p other license and having id an appropriate 'n i vesti - 9 P gation fee not be charged an additional investigation fee. Other points have been raised regarding the comparison of the proposed fees with that of other communities.: A copy of a survey of amusement device license fees which was done by the staff is attached with this report. This is the same survey that is part of my April 23, 1982 memo. Also attached is a corrected copy of a license fee survey given m by Norm Pink of Advanced Carter which is the basis for his claim that our proposed fee is almost twice the average in the Metro area. The average per machine license cost when combining the two surveys is $53.94. I feel that it is imperative to point out that the $37 per machine license cost given for the City of Minneapolis does not reflect the total cost charged by that community. Attached is a copy of the schedule for amusement device fees quoted to us by the City of Minneapolis. We have calculated a cost per machine for each of the five categories listed by the City of Minneapolis which is shown in parenthesis.`- Also on the same attachment is the amusement device license costs for the four surrounding communities that license amusement devices given 10 machines at a articular lo cation. 9 P The average cost in the four communities in such a case would be $68.75 per machine. To further evaluate the proposed fees we have attempted to analyze the City costs for administering the ordinance. Attached is a copy of a memo from Gary Shallcross to myself regarding such a breakdown. I must point out that our analysis is guesswork to a great extent, but accurately reflects the associated costs for hourly rates and benefits for employees, mileage costs, publication costs, building costs, etc. The most difficult aspect in this analysis is projecting the time spent on the admini- stration and enforcement of this ordinance. � nce It ism opinion °tha that the costs reflect Y • City costs for administration on a routine basis with little or no enforcement problems. Any complications or problems relating to license review and enforcement would obviously add to the number of hours spent by the staff in processing such applications. � Y . Memo Page 2 As noted in Gary's memo, a conservative estimation of the cost for the City would be approximately $34.64 per machine. I would emphasize that an error factor of 50% either way should be allowed for in evaluating this study. Steve Nelson of the Lynbrook Bowl has also submitted a memo on behalf of the Chamber of Commerce committee recommending $40 per machine as a license fee. He has also supplied estimated City cost information. The bottom line of the two cost related studies,even though they are estimates are not far apart. It is the staff's feeling that a very conservative approach would dictate a fee of at least $50 per machine as a appropriate fee._ If this amount is used as a base for a fee, careful consideration must be given to regularly changing and adjusting this fee based on inflation. It is our feeling as well that the $75 per machine fee originally proposed can also be justified taking into consideration all the costs cited, a comparison of other community fees and the realization that license fees generally are not reviewed on an annual basis and are only adjusted approximately every five years. Therefore, we would continue to support the fees as proposed in the ordinance amendment. • Amusement Ee -vice License Fee Survey 4 -21 -82 t Pi Fee /Comments New Hope - -6 machines or less',- $100.00 /14achine -7 or more - $600.00 minimum -over 6 machines' - '$50.00 /Machine -. Bloomington $39.00 each with City Council approval f -over 6 machines an arcade, then must go thru =anning Commission and City Council (Special Use) Anoka - $50.00 /Machine- -if arcade, fee is $300.00 /Yr. plus $150.00 for investigation fee (not f, more than 10 machines allowed) Require an officer to be on premises at all times; 300' from any church Crystal - - $104.50 /Machine /Yr. • (Workman's Comp. required) t .,. -if over 10 machines - $3,000.00 for an amusement center license (must be in shopping center), $30.00 /Machine over 30 machines... (30 machines f or $3000.00) .Columbia Heights $50.00 /Machine - for any number -9 or more is arcade - $500.00 plus a $5,000.00 bond for arcade license Minnetonka -$11.00/Machine Machine Certificate of - Insurance required Hopkins $75.00 /Machine - approved by City Council ., Richfield - $65.00 /Machine/Yr. -no investigation fee $1,00C.00 bond; $200.00 for arcade White Bear Lake - $85.00 /Machine /Yr. approved -by City Council Roseville - $50.00 /Machine /Yr. -Game room license is $100.00 (more than 50% receipts from games) Amusement place $25.00 $300.00 investigation fee Edina - - $25.00 /Mechanical amusement device (video) $100.00 /Pinball - require insurance Maplewood _ $10.00 per location plus $5.00 per device - arcade is a Special Use - arcade =6 or more games if the primary use Amusement Device License Fee Survey 4 -21 -82 City Fee /Comments Brooklyn Park $35.00 /Machine arcade license is $400.00 Robbinsdale_ - $50.00 /viachine/Yr._ -kiddy ricas $25.00 minors can't use machines, unless meet a number of requirements approved by City Council Eden Prairie - $150.00 /Machine - up to 10 machines - over-10 machines $1,500.00 plus $5.00 per machine Survey high - $150.00 /Machine low $ 5.00 /Machine avg. - $59.63 .d 3.1 r 2 .f1UNI h�KNru Qt2o- L RES?1Z(criows -'SF �►uL T .5 4oO too 5r *VL Wo 11-1 . 1Jo uNpc�z. /�o �ocatiu vacs� y _ TTY imm - 1�0'" _ FJO tD -�C► `, - - -- r _.._�.._ `... qGpA •14 A' -- NO �A - - -- P � }�TgG C ott. !4 ° ° to O - -` ����� ��� _ � Vi i -� - �o c� oQ • UN _ --- -- - - Fiaar -- u?RtE�LCS ac ct o x ��°� N o 1 y EA R - - - -- - -- ---.__ ). , Sr PAU — i • St Paul. 2a -° No 1, DIJIc�Sj3"" �ES ( yR. I - - - -- - - -- N+Fnv_�vi _C ��cC4tN.?f!.�_'�p, — fir _ CITY OF MINNEAPOLIS AMUSEMENT DEVICE FEES* 0 - 4 machines - $123 + $37 /machine (3 machines $78 /machine) 5 - 9 machines - $242 + $37 /machine (7 machines $71.57 /machine) 10 - 19 machines - $482 + $37 /machine (15 machines $69,13 /machine) 20 - 30 machines - $721 + $37 /machine (25 machines = $65.84 /machine) 31 or over - $961 + $37 /machine (50 machines = $56.22 /machine) m *Moratorium to end of June LICENSE FEE FOR 10 MACHINES IN SURROUNDING COMMUNITIES Minneapolis = $852 Crystal = $1,045 • Robbinsdale $500 Average of Four Communities = $686.75 - $68.75 /machine Brooklyn Park _ $350 I I r f I . MEMORANDUM TO: Ron, Warren Director of Planning and Inspection FROM: Gary Sha llcross, Planning Assistant • SUBJECT: Cost of Administering Amusement Device Ordinance DATE: May 20, 1982 You have asked for a compilation of those costs associated with administration of'the proposed amusement device ordinance and other City costs related to amusement devices generally. I have decided to break these costs down into four categories: l) direct recurring; 2) indirect recurring; 3) direct nonrecurring; 4) indirect nonrecurring. I must add, before going any further, that the numbers generated are approximations only. As with all government services involving relations with the public, license administr- ation is an inexact science with a potentially wide variation -in time spent per license. Calculations assume 15 locations in the City with 250 machines. Office space is cal- culated by taking the proportion of total staff time in the building (566 man hours, including administrative overhead, out of 81 FTE) and multiplying by •24,500 sq. ft. (the area of the bldg.) at $12/yr. /sq. ft. Auto use is estimated at $.40/mi and trips are expected to average 3 miles. Labor costs assume maximum salaries and fringe benefits for the various postions involved. Direct Recurring Direct recurring costs are those which are directly related to the processing of a license application and which recur on a yearly or less - than - yearly basis. These include - Receiving applications (1 hour clerk per 10 machines per year). Application reviewed by Planning and Inspections for location /type of use 04 hr. Planning Director per location per year). " - Police review of application. (excluding background investigation covered under separate fee) • Check by Chief Lindsay (- hr. per location per year). Inspection by Code Enforcement Officer of new machines (Z hr. per machine license per year) -1- 'Inspection reports (Z hr. per mach. tic. per year C -E -O; 2 hr. /mach: lic./ yr.,clerk).. - Submittal to City Council for approval (1/5 hr. Administrative Assistant per location per year). Issuance of license (a hr. clerical per location per year). Mailing form letters (2 per location /year 4 hrs. clerical time /yr.). Periodic inspections of premises; 2 per location /yr (1 hr. C -E -O /location /yr.). Total Direct Recurring Costs: Staff time $ 4302.50 Office space(includes 985.00 (@ $9 /s.f. on pro -rated basis) utilities) Postage 6.00 Auto use 180.00 trips /location /yr. @ 3 mi. per trip) Subtotal $ 5473.50 • Admin. Overhead 500.0 Total $ 5973.50 Indirect Recurring Indirect recurring costs are those costs which arise because of the use of games or the availability of games, but are not directly involved in the processing of an amusement device license application. These include Police response to complaint calls (1 hr. /loc. /yr. /Police Officer) - Public inquiry regarding ordinance requirements (2- hr /loc. /yr., Police Chief or Planning Director) Indirect Recurring Costs: • Auto use $ 36.00 (2 trips/loc./yr.) Police response 273.16 Public Inquiry 206.29 Total, $ 515.45 -2- Direct Nonrecurring Direct nonrecurring costs are those expenses incurred in the initial start up of the licensing of amusement devices which will not recur until the ordinance is -reexamined perhaps 5 years. These costs could conceivably include. Compiling a list of machine locations and sending notices and ordinance requirements to operators and vendors (4 hrs, clerical) - Preparation of form letters notifying operators and vendors of ordinance requirements (2 hrs.Administrative II). - Development of the ordinance (50 hrs. Planning Director, 50 hrs. Planning Assistant; 5 hrs. City Attorney; 5 hrs. Police Chief; 5 hrs City Manger; 20 hrs. Clerk III). - Research on license fees (Planning Director 10 firs.; Planning Assistant 15 hrs.). - Printing costs for licenses and application forms. - Ordinance publication costs ($213.27) Initial paperwork 68.04 Ord. devlopment & research 3,210.00 Printing costs for license 60.00 Publication costs 213.27 $ 3,541.31 Amortized over 5 yrs. _ $708.26/yr. Indirect Nonrecurring - Indirect nonrecurring costs are expenses which have been incurred in the process of regulating and policing establishments with amusement devices during the time the City had no ordinance covering amusement devices. - They are not related directly to the • preparation or enforcement of the City's proposed ordinance and probably should not be included in the cost of amusement device licenses. They are part of the cost of -3 "learning our lesson" about amusement devices, costs which lead to the proposed ordinance. They include: - Police response to complaints arising from past game operations (50 incidents @ $25 /incident = $1250. -Auto expense (50 x 3 mi. x .40 = $60.00) - Administrative time (200 hrs. at $30 /hr. _ $6000). Total Cost = $7310.00 Amortized over 5yrs. $7,287.50/5 = $1462.00/yr. Total Costs /Year Compiling the foregoing costs on an annualized basis and spread over an estimated 250 machines results in the following: Type of Cost Cost /Yr. Cost /Yr. /Machine Direct Recurring $5973.50 $223.91 Indirect Recurring 515.45 2.06 Direct Nonrecurring 708.26 2.83 Indirect Nonrecurring 1462.00 5.84 Total $.8659.21 $ 34.64 As can be seen, the proposed fee of $75 /machine is more than twice the projected cost of regulating and policing amusement devices within the City of Brooklyn Center. The figures projected allow for a reasonable amount of staff time spent on normal ordinance administration and factor in the likelihood that about once in five years, there is likely to be a problem operation that generates significant police response time and administrative headaches Obviously, there may be more costs if problems arise on a more regular basis. The ordinance, however, has been designed to minimize the likeli- hood of problem operations. Considering that we know very little about what the actual cost of ordinance administration is likely to be, I would allow for an error • factor of as much as 509 either way. A conservative approach would certainly dictate a fee of at least $50.00. Taking inflation into account migh justify even higher fees, up to the $75 proposed. A fee of more than $75 does not seem justifiable based on the costs that have been projected. -4- 3 4 LANES � f �.�� Telophone: 561 -4240 • 6357 NOPTH LILAC DRIVE • MINNEAPOLIS, I; a M 99,0010.Y1, UNTER CITY COLE'..CIL I"` W- CITY 1f, ^US ft-7 - ;T DEVICE I!'Jr`CT; PROPOSED 1 1f"1USEKFNT DEVICE It a mectinrl sponsored by thr Oronklvn Center Chnmher of Commerce, we discu ;sr the proposed ordinance and licen:^ fee For amu ^ement device operators in the City of Bronl <lyn Center. With our renirily ri ^inn cost of operation and ' continued increased tax:3tion, vie approach th3^ mntter with grave concern@ dA fe =hl the ardinancp, as drawn,'off-rs the City of Brooklyn Center the prot? ^tinn and controls it neeei and deserves. However, - the cost of imple Tenting this ordinance seems to be much in exres;s of what is needed. • I In our city here are approximately 200 amusr.ment device- Y PP Y and 1.3 vendors. 11t the rate currently proposed this would genernLe an income to the city-the t first year of 321,750, and each year thereafter a sum of $16,950. (See Ittached detail.) Pa -Pd on information gathered, we estimate the cast to the city to license -III :1mi_isp^snt devices to be 57,841.20. P,ecnuse of thi;. information we would Propose to you that you consider the foll^:t,3nr1: 1. License Fee: 340 per mochin3 2. License Fern: pe X150 r vend_ � 3. Investigation Fee: a100 where aryl i c;,t le This would generate an income of 1 1 1 ,9,990 to ;'its of 9ronklyn' renter. can see, this would allow approximately " ^,.lnn :,ri.itional to your investigative fee for unforseen expenses per year. • l Our committee will be present Pif your !:nv 2 m — Unq to arnvu:er any . questir , {: °- ynu may have. Your consideratinn in ' hi ; . is grPlitly ^r,prr'riated. r c r-rat y � , +. ` J "Y1 .I. ' Al r, nr,, p rpsi dr'nt r i ia�Cl�GCilt�" C.Q ��,� ` . i /rt•, t'�('' f�' {'te '•�Gutfl�l� LICENSE FFF INCWf E TO CITE' OF 7 C 7 , 11TR FIRST YEARIS Iriropir 200 Machine ?? 375.00 per mnchinn 15,000.00 13 Vendors 1 $150.00 per venrinr. 1,950.00 Investigative fee of 35 Opor- ,tnr.; 0 D o10f1.00 ranch 3,500.00 Investigative fee of 13 Vendors Q "�100.n0 e-.irh 1 TOTAL FIRST YEAR'S Iv,-rr " 21,750.00 SECOND YEAR'S INCUIE 200 !Machines ') S75.00 per machine a 15,000.00 13 Vnndors 9 tl "50.00 per vnnrinr 1 16,950.00 EXPENSE TO CITY OF aROOKLYN CINTFR FOR PROPOSED LICFNSING . f 1. Cod* Enforcement Officer 1,222.20 (140 Hours P $8.73 per hour) 2. SPrretary & Office Expense 2,619.00 ( 300 Hours r7l '8.73 per hour) r ^neraL Inspection and Transportation, ° Transportatinn F:xpensas once Pol,icr Cal7.s 4,000.00 a" 7,8 • CITY OF BROOKLYN CENTER 9 b Notice is hereby given that a public hearing will be held on the 24th day of May, 1982 at 7:45 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an • amendment to the Zoning Ordinance defining amusement centers and establishing them as a special use in the C2 Zoning District. ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING AMUSEMENT CENTERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35- 322.3. Special Uses ( Amusement Centers provided the property on which the amusement center is to be located is no within 150 feet of any residentially zoned (RI through R7 ) propert Section 35 -900. DEFINITIONS Amusement Center The operation of one or mor amusement devices (except those designed for and used exclusively as r ides for children ) as a principal or secondary use available for use by n on-empl oyees upo commerci premises other than those listed in Section 23 -2109 Subd. 2 of t he City Ordinances. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 . Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted) i c,.. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 28th day • of June , 19 82 at 8:00 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Drainage and Utility Easements Existing on Tract A, Registered Land Survey No. 1377: ORDINANCE NO. AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS EXISTING ON TRACT A, REGISTERED LAND SURVEY NO. 1377 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Those portions of the utility easements existing on Tract A, Registered Land Survey No. 1377 below described are hereby vacated as public utility easements " A 40 foot wide easement over Tract A, Registered Land Survey No. 1377, files of the Registrar of Titles, County of Hennepin, State of Minnesota, the centerline of which is described as follows: Beginning at the centerline of ther of Xerxes Avenue North and Shingle Creek Parkway, thence south 27 " west a distance of 522 feet to the "centerline of Xerxes Avenue North and Freeway Boulevard, thence south 52 east a distance of 345 feet, thence deflecting to the left 68 0 00'00" a distance of 50 feet to the true point of beginning, thence continuing along above mentioned line for approximately 475 feet to its intersection with Tract D of Registered Land Surve No. 1274, and there terminating "; and " A strip of land 20 feet wide in Tract A, Registered Land Survey No. 1377, according to the plat of record thereof, files of the Registrar of Titles, Hennepin County, Minnesota, the centerline of which is described as Commencing at the northwest corner of Tract A, Registered Land Survey No. 1377; thence South 27 degrees West, along the boundary line of said Tract A, a distance of 522.53 feet to the true point of beginning of the centerline to be described; thence South 60 degrees, 6 minutes East a distance of 575 feet; thence South 40 degrees, 1 minute East a distance of 40 feet more or less to a point on the southeasterly line of said Tract A and there terminating Section 2 This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Y Mayor • ATTEST: z Clerk Date of Publication Effective Date IQa Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING STREET IMPROVEMENT PROJECT NO. 1982 -09, SANITARY SEWER IMPROVEMENT PROJECT NO. 1982 -10, WATER MAIN IMPROVEMENT PROJECT NO. 1982 -11 AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECTS NOS. 1982 -09, 1982 -10, 1982 -11 (EVERGREEN AREA IMPROVEMENTS) WHEREAS, Resolution No. 82 -59 adopted the 26th day of April, 1982, fixed a date for a Council hearing on the proposed improvement of the" Evergreen area by: Street Improvement Project No. 1982 -09 Sanitary Sewer Improvement Project No. 1982 -10 Water Main Improvement Project No. 1982 -11; and WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given, and the hearing was held thereon on the 24th day of May, 1982, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and in the best interests of the City and the owners of property specially benefited-thereby, that: 1. The following improvements as proposed in Council Resolution No. 82 -59 adopted the 26th day of April, 1982 shall be constructed: Street Improvement Project No. 1982 -09 Sanitary Sewer Improvement Project No. 1982 -10 Water Main Improvement Project No. 1982 -11 2. The City Engineer is designated as the engineer for the improvements. The City Engineer shall prepare plans and specifications for the improvements.; 3. The estimated costs of the projects are as follows: Street Improvement Project No. 1982 -09 . . . . $136,290.00 Sanitary Sewer Improvement Project No. 1982 -10 $ 13,560.00 Water Main Improvement Project No. 1982 -11 $ 5,970.00 ' 4 4. The estimated costs will be financed according to the following E schedule: Street Improvement Project No. 1982 -09 Special Assessments Private Property $ 5,650.00 ;.• City Property 8,340.00 M.S.A. Fund Account No. 2611 (Restricted Reserve) 122,3.00.00 TOTAL $136,290.00 E RESOLUTION NO. 1 � Sanitary Sewer Improvement Project No. 1982 -10 Special Assessments Private Property_- $ 7,710.00 City Property 0.00 Public Utilities Fund 5,850.00 TOTAL $ 13,560.00 Water Main Improvement Project No. 1982 -11 Special Assessments Private Property $ 14,280.00 i Property C ro Cit p Y 0.00 Public Utilities Fund (system credit) (8,310.00 TOTAL $ 5,970.00 �. 5. The Finance Director is authorized to issue Master Notes Nos. 82 -06 and 82 -07 for Improvement Projects Nos. 1982 -10 and 1982 -11, providing for transfer of funds from the Investment Trust Fund for financing of the Improvement; Projects. • 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. I CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 ENTER EMERGENCY- POLICE -FIRE C 561-5720 ENGINEER'S REPORT Street Improvement Project No. 1982 -09 Sanitary Sewer Improvement Project No. 1982 -10 Water Main Improvement Project No. 1982 -11 Project PROJECT DESCRIPTION: Grading and Bituminous Paving Sanitary Sewer Improvement Project No. 1982 -10 Water Main Improvement Project No. 1982 -11, PROJECT .LOCATION: 69th Avenue - 70th Avenue street connection between Dupont Avenue and Camden Avenue, including sanitary sewer and water main service extension to adjacent properties. DISCUSSION: Pursuant to the adoption of City Council Resolution No. 82 -47, the staff has developed a construction plan for street improvements within the Evergreen area in accordance with "Evergreen Area Improvement Concept B ". As provided under this concept, the major east -west collector route in the neighborhood will follow 70th Avenue between T.H. 252 and Camden Avenue, along the proposed 69th Avenue - 70th Avenue connection to Dupont Avenue and along 69th Avenue west of Dupont Avenue, It is proposed to complete the street construction between T.F. 252 and Dupont Avenue in phases in conjunction with the T.H. 252 improvement. The ultimate goal is to provide a parkway environ- ment, constructed to Municipal State Aid Standards. - Street Improvement Project No. 1982-09 provides for the first phase of construction along the 69th Avenue- 70th Avenue connection. It is proposed to excavate all poor soils within the roadway right of way, complete necessary grading, and construct a 7 ton capacity street from Camden Avenue westerly and southerly to a point along 69th Avenue midway between Colfax and Bryant Avenues. This roadway construction will provide access to the proposed Hussman development along 70th Avenue and serve as an interim connection between 69th Avenue and 70th Avenue, thereby allowing 69th Avenue to continue to serve as a major collector route. All soil.corrections required along the permanent route will be • completed under this project. Engineer's Report Projects 1982 -09, 10, & 11 Page 2 • The proposed street improvement project provides for a 32 foot street surface without curb and gutter. Such a proposal pro - vides flexibility in the ultimate design o f the street between T.H. 252 and Dupont Avenue. If, upon closer review of -the service provided by the interim facility, it is determined that protected parking bays are necessary adjacent to the park, such construction may be incorporated in the final design. Likewise, bicycle lanes may be constructed if -it can be determined that such use of the roadway is feasible. Also proposed under this project is the installation of all storm sewer, sanitary sewer (Improvement Project No. 1982 -10), and water main (Improvement Project No. 1982 -11) to adequately serve the area during the interim period and upon final comple- tion of all street improvements. SPECIAL CONSIDERATIONS: The City Council, by adopting Resolution 82 -48, has designated the proposed route between Dupont Avenue and T.H. 252 as part of its Municipal State Aid Street System, pending approval by the Commissioner of Transportation. In conjunction with this designation, the staff has approached Hennepin County with the request that it revoke its "County State-Aid Highway" designation on 69th Avenue between T.H..152 and T.H. 252. Although no official action has been taken, the Hennepin County staff has informed us of its intent to recommend the revocation be approved by the County Commissioners at the next meeting (within 30 days). The Minnesota Department of Transportation will take formal action on our requests, and f those of the County, only after formal action is taken by the County. As noted in earlier reports to the City Council, the City is providing street right of way for the 69th Avenue - 70th Avenue connection from land presently owned by the City. Also required is the acquisition of street right of way from two property owners. The staff has begun negotiations for the land purchase, but as of this date, no purchase agreements have been reached. FUNDING SOURCES: It is recommended the City Council levy assessments against the benefited properties abutting the 69th Avenue - 70th Avenue connection in accordance with established assessment policies for Municipal State Aid street construction. As pro- vided in said policies, all assessable frontage may be assessed at $10.40 per foot for paving where no previous street improve- ment assessment has been levied. In those areas along 70th Avenue west of Camden Avenue where previous street assessments have been levied, the maximum allowable assessment rate, as established by the Municipal -State Aid street construction equity ® schedule, is $5.18 for paving. Engineer's Report Projects 1982 -09, 10, & 11 P age 3 It is recommended that all street improvement costs not recovered by the levy of special assessments be financed from the City's Municipal State Aid Restricted Account. As reported earlier, sanitary sewer and water main service extensions are required to adequately serve the area. It is recommended the City Council levy assessments against the bene- fited properties to help finance the cost of construction. It is recommended the water assessment be based on those rates established by the City Council under Resolution 81 -243 *. It is also recommended the City Council establish a sanitary sewer assessment rate based upon unit rate of $23.33 per foot for the properties benefited by sanitary sewer extensions. It is recom- mended that all utility installation costs in excess of the specially assessed amounts be borne by the Public Utilities Fund. FINANCING SUMMARY: A summary of the estimated project costs and funding sources is listed below. Street Improvement Cost Summary (Improvement Project No. 1982 -09): Street Construction Cost $ 75,210.00 Land Acquisition Cost 19,740.00 Electrical Utility Relocation 3,000.00 SUBTOTAL $ 97,950.00 Contingencies (15% of Construction Cost) 14,690.00 TOTAL CONSTRUCTION COST $112,640.00 Engineering Cost (9% of Construction Cost) 10,140.00 Legal & Administrative Cost (2% of Construction Cost) 2,250.00 Capitalized Interest Cost (10% of Construction Cost) 11,260.00 TOTAL PROJECT COST $136,290.00 Sanitary Sewer Cost Summary (Improvement Project No. 1982 -10); Sanitary Sewer Cost $ 9,750.00 t Contingencies (15% of Construction Cost) 1,460.00 TOTAL CONSTRUCTION COST $ 11,210.00 Engineering Cost (9% of Construction Cost) 1,010.00 Legal & Administrative Cost • (2g of Construction Cost) 220.00 Capitalized Interest Cost (10% of Construction Cost) 1,120.00 TOTAL PROJECT COST $ 13,560.00' Engineer's Report Projects 1982 -09, 10, & 11 Page 4 Water Main Cost Summar (Improvement Project No. 1982 -11): Water Main Cost $ 4,290.00 Contingencies 640.00 TOTAL CONSTRUCTION COST $ 4,930.00 Engineering Cost (9% of Construction Cost) 440.00 Legal & Adminstrative Cost (2% of Construction Cost) 100.00 Capitalized Interest Cost (10% of Construction Cost) 500.00 TOTAL PROJECT COST $ 5,970.00 REVENUE SOURCES SUMMARY: *- For Street Construction (Improvement Project No. 1982 -09): Special Assessments Private Property $- 5,730.00 City Property 10,060.00 M.S.A. Fund Account No. 2611 (Restricted Reserve) 120,500.00 TOTAL $136,290.00 For Sanitary Sewer Construction (Improvement Project No. 1982 -10): Special Assessments Private Property $ 9,360.00 City Property 750.00 - Public Utilities Fund 3,450.00 - TOTAL $ 13,560.00 For Water Main Construction (Improvement Project No. 1982 -11): Special Assessments Private Property $ ]7,560,.00. City Property 310.00 • Public Utilities Fund (system credit) (11,900.00 TOTAL, $ 5,970.00 Engineer's Report Projects 1982 -09, 10, & 11 Page 5 A resolution accepting this report and calling for a public hearing to be held by the City Council on this project is submitted for Council consideration. - Respectfully submitted, Sy nap * Note: Water assessment rates established under Resolution 81 -243 are: • $22.60 per front foot $ 7.00 per 100 square foot area beyond 135 foot depth SK: jn ■■■ ■■■ ■ _ sr ®�,� ■■ ■■■ �■Ir ®�., �� WATE rr � � r �� ■ . �rl� � ■1�1 TT N a t ■ w • a fl w ~ a - z � , 7 Q • 1 73RD:_WA� Q ' i WOODBINE I ILANE , .W J Ix N i i = v 2 w EVERGREEN } RtVEROALE 2 PARK PARK``. ^ t Ix -t--w -±- EVERGREEN �( w w SCHOOL ` i� --- t X kf / i - rC 1 f F 1 ASSESSMEN J r. DISTRICT. EMERSON LA 4 H ( TOWE N ' O. I I r , - ON t 1 } .. =E AC- II ._ loc ro1ect ation {k II' And Assessment District Map Improvement Project 1982--10 Improvem Pro ject 1 982 - 11 �a Licenses to be approved by the City Council on May 24, 1982 ARBAGE AND REFUSE VEHICLE LICENSE Sanitation 6741 70th Ave. N. lock Sanitarian MECHANICAL SYSTEMS LICENSE Egan & Sons Co. ?100 Medicine Lk:.:Rd �� S' Buildi g Official MOTOR VEHICLE DEALERSHIP LICENSE Class A Brookdale Ford 2500 County Rd. 10 City Clerk RENTAL DWELLING LICENSE Initial: Edstrom Associates Twin Lake North Apts. Sigmund W. Bona 5207 Xerxes Ave. N. Frances M. Lunacek 5211 Xerxes Ave. N. David Larson 1313 57th Ave. N. Kermath & Mary Beth Ward 3400 62nd Ave. N. Renewal: Brookdale Towers Program Brookdale Towers Brooklyn Development Co.. Earle Brown Farm Apts. • Ewing Square Associates Ewing Square Townhouses . Manferd Rasmussen & John Christensen 7020 Brooklyn Blvd. Larry W. Karkela 5821 Camden Ave. N. Gordon & Joanne Sandahl 6836 Drew Ave. N. Patrick J. Gaughan Victoria Townhouses John E. McDonald 6430 Major Ave. N. Richard E. Moehrle 5817 Shores Dr. John S. Tschohl 2206 54th Ave. N. Director of Planning and Inspection SIGNHANGER LICENSE Cragg Inc. 9636 85th Ave. N. Daniel Signs 5575 County Rd. 18 Naegle Outdoor Advertising 1700 W. 68th St. L � Royal Crown Beverage Co. 553 N. Fairview Ave. ��` J Build ng fficial SWIMMING POOL LICENSE Indoor: 5615 Xerxes-Ave. N. an Spa Petite .� • Sanitarian GENERAL APPROVAL: i y er May 7, 1982 Carl Zliff Fisher Foods 6880 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Iliff As we discussed can May 6, 1982, we interpret the Brooklyn Center Food Code, Section 8-124, Floors, Walls and Ceilings, copy enclosed, to mean that the only floor surfaces meeting the criteria of smooth, nonabsorbant and easily cleanable are quarry tile, ceramic tile, terazzo and stainless steel. We also feel that the County ordinance *3 titled, Food Protection Ordinance for Hennepin County, copy of Section 2 Scrape and Section 7, Floors; enclosed, applies to all food establishments within Hennepin County, even though the County does not perform the inspections within Brooklyn Center nor does it license or inspect operations of your type in areas under its jurisdiction. You had previously agreed to this requirement and we have plans from you indicating that this was to be installed. If you wish to discuss this matter further, please contact me at 537 - -8421. Sincerely, Thomas L. Heenan Supervising Sanitarian Brooklyn Center Health Department TLHzjt cc: Richard Schieffer, City Attorney Tom .Bobbitz, Administrative Assistant Encl. 6 Section 8- 120.01 (continued) 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 4 on the floor. 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 mainte- nance and minimize dust. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared, or utensils or hands washed, shall have easily cleanable, smooth, light- colored, washable surfaces up to the highest level reached by - splash or spray. Section 8 -121. LIGHTING. 8- 121.01. Lighting. All areas in which food is prepared or stored, or utensils are washed, handwashing.areas, locker rooms, toilet rooms, and garbage and refuse storage areas, shall be well lighted. All working surfaces shall be illuminated at not less than 20 foot - candles of light. At least 10 foot- candles of light shall be provided on all other surfaces and equipment. In storage areas, a minimum of 5" foot- candles of light, thirty inches from the floor shall be provided. Subdued lighting in dining rooms and public access areas is acceptable, provided, that lighting meeting the above requirements shall be available during all clean - up periods in dining rooms and access areas. Section 8 -122. VENTILATION. 8- 122.01. Ventilation. All rooms in which food is re ared or served or P P � `6 utensils are washed, and toilet, dressing, and locker rooms, and garbage and refuse storage areas shall be well ventilated and shall be free of, disagreeable or excessive odors, condensation, vapors, smoke, and fumes Air replacement vents shall be designed to permit the entrance of an equal volume of displaced air and to prevent the entrance of insects, dust, or other contaminating materials. During seasons when weather conditions require tempering of make - up air, adequate equipment shall be pro - vided to temper the make -up air. All gas or oil fired room heaters and water heaters shall be vented to the outside air. , Section 8 -123. DRESSING ROOMS AND LOCKERS. 8- 123.01. Dressing Rooms and Lockers. Facilities shall be provided for the storage of employees' clothing and personal belongings. Where employees routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located - outside of the food preparation, storage and serving areas, and the utensil washing. and storage areas,_ provided that, when approved by the Health Authority, such an area may be located in a storage room where only bottled or completely packaged and pro- tected foods are stored. Dressing rooms or such designated areas shall be equipped with lockers. Dressing rooms and lockers shall be kept neat and clean. Section 8 -124. HOUSEKEEPING. 8- 124.01. 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 contamination of food and food contact surfaces. None of the operations connected with a food a s Section 8 -117. TOILET AND LAVATORY FACILITIES 8- 117.01. Toilet Facilities Every food establishment with the. exception "I.,loof food vehicles and vending machines shall be provided with conveniently located and approved water flush toilets 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 pro- vided for waste materials. When toilet facilities are provided for patrons such facilities shall meet the requirements of this item. 8- 117.02 Lavatory - Required Equipment. Every food establishment other than vending machines, itinerant food establishments and food vehicles handling only pre- packaged food or which transport meat in the manner provided by state law or regulation, shall be provided with adequate,. conveniently located, and approved lavatory facilities with hot and cold running water, hand cleansing com- pound, and sanitary towels or hand - drying devices, provided, that, in all new, or extensively altered food establishments handwashing facilities shall be _ provided within all areas where food is prepared. Section 8 -118. GARBAGE AND REFUSE DISPOSAL 8- 118.01 Garbage and Refuse Disposal. All garbage and refuse shall, prior to disposal, be kept in tight non- absorbent containers which shall be kept covered with close - fitting -lids when filled, in storage, or not in continuous use, ._,provided, that such containers need not be covered when stored in special insect and rodent - proofed room or enclosure or food waste refrigerator. All other refuse shall be stored in containers, rooms, or areas in an approved manner. The rooms, enclosures, areas, and containers used should be adequate for the storage of all garbage and refuse accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room, or area shall be thoroughly cleaned after the emptying or removal of garbage and refuse. Food waste grinders, when Installed, shall comply with the plumbing ordinance. All garbage and refuse shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. Section 8 -119. INSECT AND RODENT CONTROL 8- 119.01. Insect and Rodent Control. Effective measures shall be taken to prevent the entrance, breeding or presence on the premises of flies, roaches, insects, rodents, and all other vermin. Section 8 -120. FLOORS, WALLS, AND CEILINGS 8- 120.01. Floors, Walls and Ceilings._ The floor surface ,in kitchens and in all other rooms and areas in which food is stored or prepared, utensils are washed or stored, or garbage or refuse is stored, and in toilet rooms, dressing or locker rooms, and walk -in refrigerators shall be of smooth non - absorbent materials, and so constructed as to be easily cleanable, provided, that the floors of dry food, non - refrigerated, storage areas need not be non - absorbent. 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. 8- 100.21. Safe Water shall mean water which is not adulterated and which is free from pathogens and coliform organisms. 8- 100.22. Safe Water Supply shall mean a source of safe water from either the municipal water system or a source of water, the operation, location and construction of which have been approved by the Minnesota 'State Board of Health. 8- 100.23. Single- Service Utensils shall mean all utensils which are meant to be used only once and - then discarded. 8- 100.24. Smooth shall mean having an even surface free of cracks, chips,_ open seams, rust, corrosion, breaks, pits, checks and ridges. 8- 100.25 Smooth, with reference.to equipment and utensil surfaces, in ' addition - to - the definition of smooth herein, shall mean a surface which in - the case of stainless steel, nickel alloy or other corrosion resistant metal, has at least a No. 4 mill finish; or in -the case of cast and forged steel and cast alloy, has a roughness not exceeding American Standard No. 125; or in -the case of noncorrosion resistant alloys, is at least as. smooth as commercial grade rolled steel and is free of loose scale. 8- 100.26. Social or Service Agency shall mean a Minnesota nonprofit corpora - tion substantially devoted -to public service or public charity, established and regularly operating within - the City for a period of more - than one year,* 'the bulk of those members and shareholders reside within the City. 8- 100.27. Utensils shall mean all kitchenware, 'tableware, dishes, glassware, cutlery,- pots, pans, containers, implements, or other equipment with which good comes in contact during storage, cooking, _preparation, display, or serving. 8- 100.28. Vending Machine shall mean any self - service device which upon insei,on of a coin, coins or 'tokens , or by other similar means, dispenses unit servings of food, either in bulk or in packages without the necessity of replenishing the device between each vending operation 8- 100.29. Wholesome shall mean sound, healthful, clean unadulterated, and in all ways fit for human food. Section 8 -101. LICENSES. 8- 101.01. Licenses Required. No person shall operate a food establish- ment or engage in the business of operating any of - the following - types of enterprises within the corporate limits of the City of Brooklyn Center unless a license for - the current year of - the applicable - type described herein and listed below shall have been obtained therefor pursuant to this ordinance from -the City Clerk: Bakery food vehicle Itinerant food establishment Catering food vehicle Readily- perishable food vehicle Food establishment Vending machine -- vendor __ ti s ORDINANCE NO. 3 _ I FOOD PROTECTION ORDINANCE FOR HENNEPIN COUNTY "The County Board of Hennepin County ordains:" I S ECT I ON I The purpose os e of this ordinance is to establish PURPOSE P e of the eo le welfare P and the general P protect the health safety a g standards to > P County pursuant to powers granted under Minnesota Statutes Section Hennepin Cou p g of . II P I� I P 145.911 - 145.922 and 375.51 - 375.55. The general objectives include the following: 1. Prevent food -borne illness. may 2. Correct and prevent conditions y adversely affect i 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. i SECTION 1I SCOPE - This ordinance shall be applicable to all food - establishments such as, but not limited to restaurants, 'boarding houses, drive -ins, bars, taverns, caterers, cafes, clubs, lodges, commissaries, I' 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 P Prodded that this ordinance shall not include food service premises. m' i ses. operations conducted in and for a House of Worship when the food service is primarily limited to preparation, service or consumption by the members of the House of Worship. i the of this ordinance _ u ose t NS F For the TIO rP SECTION III DEFINI P i following words shall have the following meanings: � Subsection 1 "Adulterated" shall mean the condition of a food if it bears or contains any poisonous or deleterious substance in a quantity which 'o lth if it bears or contains any added poison - may render it injurious t o hea 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 an fil thy, putrid, or decomposed h s been consumption; if it a unfit for human p substance or it if is otherwise �i F �I P rocessed, prepared, packed, or held under insanitary conditions, I II ' i I V � - y 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 j deleterious substance which may render the contents injurious to health. s Subsection 2 "Approved" shall mean acceptable to the Health Authority as determined by conformance to appropriate standards and good public health practices. i vehicle a used Vehicle" shall mean an food 1 I Subsection 3 "Catering Food e i Y g w he - to transport any food from its point of reparation to a point here t - P P It P 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 {ICI or microbiological examination and free from insects, vermin and debris. Subsection S "Corrosion- Resistant Materials" shall mean those materials ii I C I I 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 -of -use environment. Subsection 6 "County" shall mean Hennepin County. �! Subsection 7 "County Board" shall mean the Hennepin County Board of Commissioners. Subsection S "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. Y _ 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 machines steam tables, fixed and mobile manufacturing, processing, packaging and con- veying equipment, and similar items other than utensils used in the operation .x of a food establishment. Subsection 11 "Food" shall mean any raw, cooked, or processed substance, _ s 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 comes in contact, and those sur- faces from which food may drain, drip, or splash back onto surfaces normally I� in contact with food. A Subsection 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, _ f - ' -2- _+ u ;t � SECTION XVII CONSTRUCTION AND M4INiENANCE 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, V. non - absorbent, easily cleanable materials which resist the wear and abuse � to which they are subjected, such as ceramic tile, quarry the 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 *t 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 o 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 I areas where food is served shall be kept clean, properly drained, and finished so as to facilitate maintenance and minimize dust. Mats and duck- - boards shall be of non - absorbent, non -wood, grease resistant materials of d such size, design, and construction as to facilitate their being easily ul cleaned. Duck boards shall not be used as storage racks. C Subsection 2: Walls and Ceilings The walls and ceilings of all rooms t shall be kept clean and in good repair. All walls of rooms or areas in y which food is re ared areas where utensils or hands are washed toilet I p p r as r u , 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. Wall 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. 3 Subsection 3: Utility Lines and Pipes All utility lines and pipes such as, but not limited to, electric,gas, water, sewage and similar waste I lines or services should be installed in the walls, under floors, or above a ceilings so as to not be unnecessarily exposed in or on food equipment, 1 walls, floors or ceilings. Exposed utility service lines or pipes shall be installed in a manner that does not obstruct or prevent the easy cleaning ,'- of food equipment, floors, wall and ceiling surfaces and areas. z . �. SECTION XVIII LIGHTING Subsection 1: General All areas in which'food is prepared, processed, V 1 i manufactured, packaged or stored; or where utensils and equipment are washed; handwashing areas, locker rooms, toilet rooms; and all garbage and 3 refuse storage areas shall be wL12 lighted, all food contact surfaces shall be illuminated at not less than seventh• foot candles of light. At least ' ? thirty foot candles of light shall be provided on all other surfaces and equipment. In storage areas, a minimum of twenty foot candles of light measured at 30 inches from the floor shall be provided. Subdued lighting z, in dining rooms and public access areas is permissible, provided that .p r lighting meeting the above requirements shall be available during all f r' clean -up periods in dining rooms and access areas. F I x r r ,< i W Davin Olson C onkel May 14, 1982 Ltd. LAWYERS/ MICHAEL M. GAVIN KERRY B. OLSON City of Brooklyn Center TERRE E. CO NKEL 6301 Shingle Creek Parkway MICHAEL R.SAVRE Brooklyn Center, Minnesota 5543 OF COUNSEL/ EDWARD J. GAVIN Attn: Thomas Bubl i tZ GAVIN LAW BUILDING City Admini strator 1017 HENNEPIN AVENUE GLENCOE, M Re: Fisher Food Products, Inc. 5553333 8 6800 Shingle Creek Parkway PHONES 8121864 -5142 Brooklyn Center, Minnesota 55430 CABLE ADDRESS/ Application for Food Handling Permit 'ADVOCATE' CITIZENS STATE Dear Mr. Bubl i tz; BANK BUILDING NORWOOD,MINN. The writer represents Fisher Foods and Mr. Carl Iliff, its Manager, in 55368 regard to this matter. I an in receipt of Mr. Thomas L. Heenan's PH letter of May 7, 1982. The writer hereby requests that this entire s12�a67 -3sao matter be considered by the Brooklyn Center City Council at its meeting Reply to Glencoe Office on Monday, May 24, 1982. The writer would .appreciate being advised as unless indicated to the time this matter is scheduled on the agenda in the interest of conserving both the City Council's and the applicant, Fisher Foods', time. The writer would like to make the following comments in regard. to Mr. Heenan's letter. Mr. Heenan's interpretation of the applicable code would require installation of a ceramic tile floor in the Fisher Food facility at an increased expense of approximately $8,000.00 over and above concrete properly sealed with a polyurethane material. ,In addi- tion, the cost of ceramic tile is not laid continuously, but rather is intentionally laid down with spaces or gaps in between tile which are then later filled with grout which is a cement or concrete substance and which is not ordinarily sealed. The writer has discussed the Hennepin County ordinance No. 3 entitled Food Protection Ordinance for Hennepin County with Mr. John Urbach, the County official whose obligation it is to enforce the ordinance. Mr. John Urbach advises the writer that ordinance No. 3`has never been applied and in his opinion does not apply to a facility for the wholesale preparation of food which is not sold on the premises at retail to the public. Fisher Foods does not sell at retail to the public, but rather does engage in the wholesale preparation of food for distribution through various grocery chains. City of Brooklyn Center May 14 1982 Page -2- Thus, the Fisher Food facility is not a typical fast food operation where a large number of young employees are hustling back and forth 'f over the floors to bring hamburgers, french fries, etc., to customers. The floor itself does not take anywhere near that kind of wear and tear. Fisher Foods employs relatively few employees who are moving larger amounts of food at a slower pace for preparation, Fisher Foods proposes that the concrete floor will be sealed fully with polyurethane producing a smooth, even surface free of cracks, chips, open seams, rust, corrosion, breaks, pits, checks and ridges as called for by Brooklyn Center Ordinance 8- 100.24. This surface will much more easily and canpletely cleaned than ceramic tide with grouted spaces between. This would appear to comply with Brooklyn Center Ordinance 8- 120.01 requiring that floor surfaces in kitchens and all other roans and areas in which food is prepared shall be of smooth, non- absorbant materials and so constructed to be easily cleanable. It would appear that the issuance of a food handling permit allowing a concrete floor sealed with polyurethane would serve the purposes of both the City of Brooklyn Center and the applicant Fisher Foods as well in that a more canplete, thorough and sanitary job of cleaning can be done on the polyurethane surface. The writer requests the City Council's consideration at the May 24th meeting. If you have any immediate questions or need additional information please contact the writer at your convenience. I tr .1y s el M. Gavin MMG /lfd cc: Thomas L. Heenan Carl Iliff I May 24, 1982 CITY'S COMMON COUNCIL CITY OF BROOKLYN CENTEP. 6301 Shingle Creek Parkway Brooklyn Center, Minn. 55430 RE: PURPORTED NOTICE FOR " PUBLIC HEARING ON PUBLIC IM PROVEMENT PROJECTS" FROM: PAUL DAN ROSSO Dear Council Members: The City's REROUTING OF C.S.A.H. 130, and the City's SPOT - ZONING for R -3 Housing in an R -1 Single Family ZONED Area ap- pears to be to obtain A CHANGE IN THE CHARACTER OF THE N.E. NEI- GHBORHOOD under "color of state law" and DISGUISED as a "PUBLIC IMPROVEMENT PROJECT," - The City, by TIMING THE IMPLEMENTATION of the REROUTING WITHOUT NOTIFYING the Commissioner of Transportation, WITHOUT obtaining the County Board's and D.O.T.'s APPROVAL, and WITHOUT JURISDICTION- of'any Statute, has prepared a'Proposal to REROUTE a portion of C.S.A.H. 130" and'has had a letter mailed to the N.E. Neighborhood Homes for a Public Hearing at Evergreen School. On the Meeting ng N ght in Evergreen School located in the Cit - y% N.E. Neighborhood, somebody ASKED the City's SPOKESMAN if a VOTE (by those in the School's Meeting Room) could be had (for the INFORMATION OF THE CITY'S COMMON COUNCIL) upon the REROUTING Proposal? The City's SPOKESMAN REFUSED to take a'VOTE because, "There are too many EAST SIDERS here!!!" I WONDER who was- expected attend a E Neighborhood ti N. Meeting? The City's May 24th Meeting for "Public Nearing on Public Improvement Projects" is really a disappointment in several ways.. The City has about $250,000 of M,S.A.'Street Funds deft fora 1982, in rIN /DOT Account A small amount of this ACCOUNT will be available to the City on July 1, 1982 for MAINTENANCE expenses. TO DATE, May 24th, MN /DOT has NOT approved :a PROJECT PLAN for the City to USE the remaining M.S.A. FUNDS upon. The M.S.A. Street Funds are State Road User'Funds that has City's Common Council _ 2 May 24, 1982 City of Brooklyn Center been apportioned by the STATE CONSTITUTION -to the Cities for USE upon City Streets. CLEARLY, the City of Brooklyn Center is WITHOUT THE LEGAL CAPACITY to now TAX the City's Property Owners WHEN the City USES the M.S.A. Street Funds to improve the City's Streets un- der the guise of "Public Hearing on Public Improvement Projects. The City's proposed REROUTING OF C.S.A.H.`130 CONFLICTS with: 1. The City's Comprehensive Plan that was approved by the Metropolitan Council on December 17 1981, AND, shows TH 252 ON GRADE INTERSECTIONS and TRAFFIC SIG - NALS;on 66th, 69th and 73rd Avenues, AND, 2. Minnesota Statute 162.02, AND, 3. The COMMON LAW CRIMINAL CODE on the OBSTRUCTION of a PUBLIC CONVENIENCE, A PUBLIC PASS WAY, to and from C,.S.A.H. 130 and TH 252 AND, 4. The TH 252 Federal Environment Impact Statement that Y has considered and approved the TH 252 ON GRADE INTER- SECTIONS and TRAFFIC SIGNALS on 66th, 69th and 73rd Avenues in the City of Brooklyn Center. The City IN CONCERT with the IMPLEMENTATION of the City's REROUTING IDIOTISM also proposes to IMPLEMENT SPOT - ZONING for R3 Housing in a R1 Single Family Detached Housing Area. The City DOES NOT allege and /or show that the one and a half acre Parcel is not suited for SINGLE FAMILY DETACHED HOUSING, nor does the Developer in the IMPROVIDENT Application. The City's proposed SPOT- ZONING CONFLICTS with: 1. The City's Zoning ORDINANCE, AND, 2. The City's Comprehensive Plan that was approved by the Metropolitan Council on December 17, 1981, that shows for the Northeast Neighborhood on Page 1 1. Make single family detached housing the predomin- ant character of the Northeast Neighborhood." City's Common Council City of Brooklyn Center 3 - May 24, 1982' 3. The Landowners and /or with interest inland within 350 feet of the proposed SPOT- ZONING to R3 filed with the Planning Commission's Secretary a PROTECT PBTITION, AND, 4. The Northeast Neighborhood expressed request, "Make single family detached housing the predominant char- acter of the Northeast Neighborhood." C 0 N C L U S I O N— This Writer respectfully concludes 'that the Brooklyn Cen- ter COMMON COUNCIL DOES NOT have the LEGAL CAPACITY to CHANGE THE CHARACTER OF THE NORTHEAST NEIGHBORHOOD under ''color of state law ", NOR, does the City's Council have the necessary JURISDICTION TO REROUTE a portion of C.S.A.H. 130, NOR, does the COMMON COUNCIL have the LEGAL CAPACITY TO TAX by Special Assessments to REIMBURSE M.S.A. Street Funds USED upon City Streets, NOR, has the City's Council SHOWN that SPOT - ZONING to R3 is authorized for the small parcel in an R1 Area. Respectfully Submitted For Constitutional Government, PAUL DAN ROSSO _7 Ortman Street, S.E. Minneapolis, Minn. 55414 TEL 379 -4665 M !�' ,�/�'v w► e ; �/ a�o�, � � ay / q �. Z "r h 4 M IA Ay "ll" �` a vT/jV C� C t }� Jan GM pt- Lim Qua- / `d v �"1lv e v C r - �; �., G H VA p��� �? fr A'' Z4 G v� 1►-t a:v L AL PA C i TY r 11 C c, M A R%c o r � W�A S w //►► tI N) , �. L G � L . Am lit 4000C ao)'j tic �vNPFP ,� /Tf�M0oK5trC� '44� a4.o,�-�� 44-o-' a'�- a'�� -n✓iKv � 7J �� �� ,v+a ✓���'✓ LGhN LiGNe. MILt t4 �A,,,,. a4A,,� C /P /M nN A� G o d� s �rirUe7/ of c�, /�ug�l � GoNt�l�Nlf�NCC ej, sAc OK w lla� .�.�.e. �� -� o.� �f�.c .d rM.zQ claAti - c/iu TN C-yA)FA ;"ArR��, JAI (o 4 � 'tX )TC Pi i- CSAI 13 J 7 ,A LSo TJrA veL N'/?S e4 NrF)F - -r eati��-�rbx 9 � � a4 0 13 7A tAt j V � U C' g 7 /N �, �(�,,c 5/'0? :7- At pad's Not SHow t.�e L f+ Alb Cr....- .��.�i.�.., c,S�b � G`�,,,� /�vl�p�Sc!'✓� S• Dui ry G p yq_'YVW'IFJti W. wW`�,to- U / o4H7 /N6 t4 VIPLA�r)- �C. l ssrb P"lJv ) el✓ IA4 �� 0 May 14, 1982 Honorable Gerald G. Splinter City Manager of .Brooklyn Center, Minnesota - 6301 Shingle Parkway Brooklyn Center, Minnesota 55430 FROM: Paul Dan Rosso RE: The City of Brooklyn Center PROPOSES to install an "S" connection at Bryant Avenue to reroute a portion of C.S.A.H. 130 to 70th and Camden Avenue, under Statutes 117 Eminent i t Domain, n n and-429 Local Im- provements` and Special Assessments. The City has $1,000,000 of M.S.A. funds to finance the purchase and condemnation of the needed parcels, and the construction costs for the' rerouting. The City will levy special assessments upon "bene- fited" property adjoining the C.S.A.H. 130 "S" con - nection, and funds derived from these assessments' will be r t a ' s M ou ed back into the City's S A Fu d Y . n . x Dear Sir: The Brooklyn Center Comprehensive Plan was enacted in 1966, this plan was continued, reviewed, updated, and on December 17, 1981 adopted by a Metropolitan Council Resolution without modif- ications at a regular meeting. This Comprehensive Plan is now the " Law of the City of Brooklyn Center until amended or repealed. l s The City's Comprehensive Plan on Page 192,. "Transportation System," states in part: "The major improvements proposed in the Transportation Sys- tem Plan pertain to Federal and State Highway segments, i.e. . .'State Highway (TH) 252. . . . . . .the upgrading f State Highway TH 252 g g Y ( ) is pre - Re: County State -Aid Highway - 2 - May 14, 1982 sently in the Route Location and Environmental Impact State- I ment study stage. The City of Brooklyn Center would prefer a design that includes signalized intersections located at 66th, 69th and 73rd Avenues along this upgraded facility The only new construction which remains to complete the roadway e in motor vehicles cl s adwa transportation system for Brooklyn o y t nsp y Center is a short segment of Shingle Creek Parkway and a bridge across Shingle Creek just south of 69th Avenue. FIGURE 17, "Transportation System Improvements" is a Brooklyn Center Map- that has typed upon C.S.A.H. 130 (69th Avenue North) space the "Traffic signals and access points at 66ths 69th and 73rd Avenues." Statute 117, Eminent Domain, at 117.011. All bodies pub - lic or private who have the right of eminent domain, when exer- cising such right,rshall do so in the manner prescribed by this chapter . . . but nothing herein shall apply to the taking of property under laws relating to drainage when such laws them selves expressly provide for such taking and specifically pre- . xP Y P scribe the P rocedure' connected therewith. It should be NOTED that the City of Brooklyn Center pro- poses to take LAND for the rerouting of CSAH 130 AND, Statute 117 is NOT APPLICABLE'to the taking of property for the CSAH 130 System, "when such laws themselves expressly provide for the procedure connected e such taking .and specifically prescribe p therewith." The Minnesota Constitution Article XIV,' Public Highway 'r System, provides: Y � Pr Sec. 3, County State -Aid Highway System. A County State - Aid Highway System shall be constructed improved roved and main S Y Y tained by the Counties as public highways in the manner pro vided by law. The system shall include streets in municipal- ity of less than 5,000 population where necessary to provide an integrated and coordinated highway system and may'include similar streets in larger municipalities. AND, Minn. Statute 162.02, Subd. 1. There is created a Re: County State -Aid Highway - 3 - May 14, 1982 ' County State -Aid highway system which-shall-be established, located, constructed, reconstructed, improved and maintained as public highways by the several counties under rules and regulations not inconsistent with this section made and pro- mulgated by the MN /DOT Commissioner hereinafter provided. Statute 117, Eminent Domain could NOT supersede the State Constitution, Article XIV, Sec. 3, and`the law enacted. thereby, Statute 162.02,1AND, is NOT APPLICABLE to the City of Brooklyn Center's taking of LAND for the CSAH System. Statute 429, Local Improvements, Special Assessments, at 429.011, Subd. 2. "Municipality" means any city . . . or any statutory city or any town as defined in section 368.01. Statute 368 Towns; Special Provisions. 368.01 Powers of certain Metropolitan Area Towns. Subd. 3 Streets; Sewers; sidewalks; public grounds. The Town Board of Supervisors shall have power to lay`aut, open, change, widen or extend streets, alleys, parks, squares and other public ways and groundt and to grade, pave, repair, con- trol and maintain the same; .' Statute 429. Local Improvements, Special Assessments, DOES NOT authorize a Municipality, the City of Brooklyn Center to ". . have the power to lay out, open, change, widen or extend. ." the County State -Aid Highway System under Stat- ute 368.01, Subd. 3. Statute 429. Local Improvements, Special Assessments,` in CONCERT with Statute 368 Towns; Special Provisions, 368.01 Subd. 3, could NOT SUPERSEDE the State Constitution,_1rt. . XIV, Section 3, and the lawn enacted thereby, Statute 162.02, and is NOT APPLICABLE to give the City of Brooklyn Center JURISDIC- TION on the CSAH System and "have the power to Lay out, open, change, widen or extend. . ." r Simply stated, the City of Brooklyn Center DOES NOT have the POWER, nor 'the LEGAL CAPACITY, nor the JURISDICTION to re- route a portion of the CSAH System, NOR, does the City have the POWER, nor the LEGAL CAPACITY, nor the JURISDICTION to levy Re: County State -Aid Highway - 4 - April 14, 1982 "special assessments" upon "benefitted property" for the City's COSTS to reroute a portion of the CSAH System. SUMMARY. The 69th Avenue Highway (CSAH 130) has been OPEN,- ACTUAL AND NOTORIOUSLY KNOWN AND USED HIGHWAY from West of Palmer's Lake Basin, to the West River Road (TH 252) BEFORE the sett - lers arrived from Europe; the Use has been continuously and uninterurpted; the Traveler has a COMMON LAW RIGHT to contin- ue the use of the 69th Avenue Highway to West River Road without OBSTRUCTIONS, such as a CUL -DE -SAC at the West River Road.(TH 252). The Northwest Ordinance of 1787 guaranteed under Article II, "The Inhabitants of the said Territory shall always be en- titled to . . . judicial proceedings according to the Course of the COMMON LAW." Under the COMMON LAW and Minnesota Statute, an INDICT - MENT is authorized when the defendant on (date) in the County • of (HENNEPIN) "did knowingly, wilfully and unlawfully OB- STRUCT a certain Public Road and Pass Way leading from to the Public Road and Pass Way by then and there UNLAWFULLY INSTALLING A ( CUL -DE - over and across Public Road and Pass Way with fence, barrier and ditch, to prevent an on grade crossing to and from 69th and the River Road, and con- tinuing the same from said time; against the Peace and Dignity of the State. The Northwest Ordinance of 1787 provides the State with judicial proceedings according to the course of the COMMON LAW for the OBSTRUCTION of a Public Pass Way, AND, the U. S. Civil Rights Act provides the State with judicial proceedings for depriving the traveler the USE OF A PUBLIC CON'V'ENIENCE, A PUB- LIC PASS WAY, to and from 69th Avenue and the River Road, under "Color of state ]yew. It In the event that there should be any question on the City's POWER, LEGAL CAPACITY OR JURISDICTION and on the COM- MON LAW FOR OBSTRUCTION A PUBLIC PASS WAY, and on the U. S. Civil Rights Act for depriving the traveler the USE of a Pub - Re: County State -Aid Highway - 5 - April 14, 1982 lic Convience, a PUBLIC PASS WAY, this Writer respectfully suggests that ANSWERS be obtained for the following QUESTIONS: QUESTIONS Does the City of Brooklyn Center the POWER, LEGAL CAPACITY or JURISDICTION to: 1. Install an "S" connection at 69th Avenue North (CSAH 130) and Colfax Avenue to 70th Avenue and TH 252 in- tersection, and also CUL -DE -SAC 69th Avenue (CSAH 130) at the West River Road (TH 252)? WHEN: a. The City's Comprehensive Plan on Page 192, TRANS- PORTATION SYSTEM states in part, ". . the up- grading of State Highway TH 252 is presently in the study stage." 'The City of Brooklyn Center would prefer a design that includes signalized intersections located at 66th, 69th and 73rd Avenues along this upgraded facility." and, b. There has been no Environmental Impact Study for crossing on 70th an on-grade s , and g c. There is NO PUBLIC NEED OR PURPOSE for an on -grade intersection at 70th Avenue. 2. Use M.S.A. Funds to purchase and condemn land for the Rerouting of the CSAH System, and to use M.S.A. Funds for the Construction Costs of the rerouted CSAH 130? WHEN, the above la, lb and lc are considered. 3. Levy Special Assessments upon "benefited" Property adjoining the CSAH 130 ''S" connection and Funds de- rived from these assessments will be routed back into the City's M.S.A. Fund? WHEN, the above la, lb and is are considered. ' The Minnesota Constitution, Article XIV, Public Highway System. Sec. 8. Municipal State -Aid Street Fund. I Re: County State -Aid Highway - 6 - April 14, 1982 ". The Fund SHALL BE USED b .Munici alities as pro - Y P vided b l aw for h and MAINTE- I o the CONSTRUCT IMPROVEMENT NSTR C MPR EMEN Y 0 U TION NANCE of Municipal STATE -AID STREETS." Am. Col. Dic. 1337. USE v. USED n. 1. to employ for some purpose; put into service; make use of; use a knife -. 3. to expend or consume in.use: we have used the money provided. Am. Col. Dic. 424. EXPEND. 1. to use up; to expend energy, time, care, etc. ON SOMETHING. 2. to pay out; dis- burse; spend. Am. Col. Dic. 260. CONSUME. 1. to destroy or expend by use up. 2. to eat or drink up; devour. 3. to de stroy as by decomposition or burning. The Constitution, Article XIV, Sec. 8. ". . The fund SHALL BE USED . . . means the FUND shall be USED for CONSTRUC- TION etc. a PURPOSE to pay out; disburse; spend, put into ser- vice, consume in use, we have used the money provided. The Constitution provides the M.S.A. FUNDS ". . . shall be used . . ." there is NOTHING when the FUNDS are sent it is NO N LEFT n � P as simple as that. NEITHER the Constitution, NOR the Minne -' sota Statutes provides the Municipality with the "Legal Cap- acitY" to EXTORT under "color of state laws' monies from: "Those properties.between 69th and 70th Avenues and Dupont Avenue and Camden Avenue (extended) abutting, and benifited by the improvement." Enclosed is a letter dated May 7, 1982, addressed to Melba P. Evanson from the City Engineer's Office that states in part, "The hearing is an opportunity for you to express an opinion on the proposed improvement, if you desire to do so." . Street Improvement No. 9. Grade and Pave $136,290, Pro- ject No. 10. San. Sewer $13,560, Project No. 11 Water $5,970. "The Council proposes to proceed under authority granted by Minnesota Statutes, Sections 429.011 to 419.111. 'Such persons as desire to be heard with reference to the y Re: County State -Aid Highway _ 7 April 14, 1982 ro osed improvements will be heard at this meeting." ." F P g "Published with the Brooklyn Center Post, May 6 and 13, 1982. COMMENT. This Writer has submitted several letters con taining portions of the City's Comprehensive Plan, applica- ble statutes, court rulings that show the City is without JURISDICTION to reroute a portion of the CSAH 130 System, and in connection, has appeared at several hearings and ex- plained to the City's COMMON COUNCIL Members that not only is the City without the necessary JURISDICTION, they are violating the City's Comprehensive Plan, the Law of the City of Brooklyn Center, the Minnesota Constitution, and the COM- MON LAW Criminal Code by the proposed OBSTRUCTION of a Pub- lic Convenience, a Public Pass Way. This Writer's efforts seemed to have as much impact -up- on the City's COMMON COUNCIL as a spit in the ocean, NONE AT ALL.. Probably it is not very smart, but I will try again on the 24th of May Meeting. I will also be seeking aid from various Officials to explain the purpose of the State Con- stitution, Article XIV to the City Officials, specifically, that the CSAH System is under the JURISDICTION of the sev- eral County Boards, AND, the FUNDS SHALL BE USED for Construction, Improvement and Maintenance of Municipal STATE -AID Streets. There are NO SPECIAL ASSESSMENT levies authorized upon property "abutting and benifited by the improvement" adjoin ing the CSAH 130 Road, to obtain Funds that will be ROUTED BACK INTO the City's M.S.A. Fund. 4. In the event that the City "goes ahead" with the re routing of CSAH 130, and even though there has been PUBLIC HEARINGS on the'S ecial Assessment" levys, benefits, etc., P � is there ANY POSSIBILITY that an INDICTMENT, on COMMON ..LAW Obstruction of a Public Pass Way, and a U.S. Civil Rights Act PROCEEDINGS that the Traveler was " un der color of state law" DEPRIVED of a PUBLIC CONVENIENCE, a PUBLIC PASS WAY that is i E P d S Re: County State -Aid Highway 8 - April 14, 1982 in part Federally Funded, to and from 69th Avenue and the River Road? Respectfully Submitted For Constitutional Government, AND, A PUBLIC PASS WAT on 69th, PAUL DAN ROSSO 7 Ortman Street, S.E. Minneapolis, Minnesota 55414 379 -4665 A 1 s t } • r f 1 '