HomeMy WebLinkAbout09.18.80 MINUTES OF MAPLEWOOD CITY COUNCIL
7:30 P.M., Thursday, September 18, 1980
Council Chambers, Municipal Building
Meeting No. 80-24
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A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
' Chambers, Municipal Building and was called to order at 7:34 P.M. by Mayor Greavu.
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B. RO,~,L CALL
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John C. Greavu, Mayor Present
! Norman G. Anderson, Councilman Present
~ Gary W. Bastian, Councilman Present
Frances L. Juker, Councilperson Present
~ Earl L. Nelson, Councilman Present
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PRESENTATION OF AWARD
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1 Mayor Greavu presented recently retired Director of Emergency Preparedness Clifford
Mottaz two plaques from the Minnesota Association of Civil Defense Directors for his
service to the organization and the City of Maplewood.
I Mayor Greavu introduced the recently appointed Director of Emergency Preparedness
I Larry Cude to the Council.
•.i
Councilman Bastian moved to waive the Rules of Procedures to include the presentation
' of award to Cliff Mottaz and the introducedtion of Larry Cude.
Seconded by Councilman Anderson. Ayes - all.
C. APPROVAL OF MINUTES
1. Minutes No. 80-20 (August 7, 1980)
Councilman Anderson moved that the Minutes of Meeting No. 80-20 (August 7, 1980) be
approved as submitted.
Seconded by Councilman Nelson. Ayes - all.
2. Minutes No. 80-22 (August 28, 1980)
Councilman Anderson moved that the Minutes of Meeting No. 80-22 (August 28, 1980)
be approved as submitted,
~ Seconded by Councilman Bastian. Ayes - all.
D. APPROVAL OF AGENDA
' Mayor Greavu moved to approve the Agenda as amended:
1. Housing Code
2. Itinerant Salepersons
3. Letter from Ramsey County
4. Letter - Director of Emergency Preparedness
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5. Beam Avenue
6. Block Party - 1200 Block of Skillman Avenue
7. Reduction of Retainage on Maryland Avenue, ~
Seconded by Councilman Bastian. Ayes - all.
~ E. CONSENT AGENDA
Council removed Item 4 to become Item J-4.
Councilman Anderson moved, seconded by Councilman Nelson, Ayes - 4 Nay: Councilman
Bastian, to approve the Consent Agenda Items 1 through 3, 5 through 8 as recommended.
1. Accounts Payable
Approved the Accounts, (Part I - Fees, Services, Expenses - Check No. 004670 through
Check No. 004709 - $63,902.97; Check No, 006818 through Check No, 006959 - $1,060,162.61:
Part II - Payroll, Checks No. 25464 through Check No. 25597 - $51,212.26) in the amount
of $1,175,277.84.
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?I 2, Budget Change-Paramedics
~ Authorized the increase in revenues and expenditures with the appropriate wage and
commodity accounts as follows:
Account
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4010 75 hours paramedic instruction time ($15) $1,125.00
10 hours clerical time ($10) 100.00
+1 4020 10 hours nurse instruction time ($25) 250.00
30 hours lay instruction time ($10) 300.00
~ 50 hours nurse tutorial time ($10) 500.00
4170 Books and materials 100.00
;.ii 4480 National Registry examination fees and
practical examination fee 800.00
10 hours physician instruction time ($35) 350.00
$3,525.00
3. Budget Transfer: Gladstone Park
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Authorized a transfer from the General Fund to eliminate the cash deficit in the Glad-
stone Park Storm Sewer Project in order that the account can be closed,
The following is a summary of financial transcations for this project:
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Consultant engineering costs $ 8,151,57
In-house engineering costs 2,720.00
Interest expense on cash deficit 155.61
Miscellaneous public hearing costs 42.31
Total costs 11,069.49
Less developer deposit - 6,000.00
I Less interest on deposit - 282,68 ~
Cash deficit on 7-31-80 $ 4,786.81
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5. Budget Transfer - Reforestration Grant
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Authorized the transfer of the $1,276.20 supplemental reforestration grant money
~ from the Special Assessment Fund to the funds that originally financed the refor-
estration costs.
6. Renewal of Contracts for Employee Insurance
Renewed the existing one year contracts for employee insurance with Group Health Plan
and Employees Benefits Plan as presented.
7. State Fire Chief's Annual Meeting - Duluth - Fire Marshal
Approved the travel and training application submitted by Fire Marshal Al Schadt to
attend the State Fire Chief's Annual Meeting in Duluth, October 16 through 18, 1980.
8., Budget Change - Revenue Sharing Audit
~ Authorized a budget transfer of $1,820 from the General Fund contingency account to
finance the special Revenue Sharing Compliance Audit.
1 F. PLBLIC HEARINGS
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I 1. Zoning Amendment - R-1 to R-1 First Reading 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposal
j to establish Residential Estates District for minimum lot size either 20,000, 30,000
or 40,000 square feet. The Clerk noted the dates of publication and stated the
hearing notice was found to be in order.
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j b. Manager Evans presented the staff report.
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c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Barrett moved that the Planning Commission recommend to the City
Council approval of the proposed Zoning Code Amendment for the establishment of
an RE Residence Estate District as outlined in the staff report dated June 24, 1980.
Commissioner Whitcomb seconded. Ayes - all.
d. Mayor Greavu called for persons who wished to be heard for or against this
proposal. The following were heard:
Mr. Gordon Grant, 2134 Arcade Street
Mr. Carl Biebighauser, 2148 Arcade Street
Mr. Mark Fenner, 2128 Arcade Street
Mr. Maurice Hughes
j Mr, Charles Mozzola, 2112 Arcade Street
Mr. Ron Owens, 2110 Arcade Street
Mr. Dick Knowlan, representing Voya Pelitich
Mr. Harry Tevlin, 653 No, Century Avenue.
e, Mayor Greavu closed the public hearing.
'd f. Councilman Bastian moved to table this item to the October 16, 1980 meeting
and refer it back to staff for further investigation.
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Seconded by Mayor Greavu, Ayes - all.
2. Rezoning: East of Arcade Street - R-1 to R-E 7:45 P,M.
a, Councilman Nelson moved to table this item until the meeting of November 20,
1980, due to the tabling of Item F-1 Zoning Amendment R-1 to R-E,
Seconded by Councilman Anderson. Ayes - all.
Mayor Greavu recessed the meeting at 9:10 P,M. to convene as the Maplewood Board of
Adjustments and Appeals,
Mayor Greavu reconvened the meeting at 9:41 P,M.
5. Revenue Notes: 8:30 P_,M.
,I a. Gervais Associates - Gervais Avenue - Mini Self Storage Building
1,~ Mayor Greavu convened the meeting for a public hearing regarding a request
for a public hearing regarding a request of Gervais Associates for industrial
{ revenue notes in the amount of $900,000 for acquisition of land and the con-
struction of a storage warehouse on Gervais Avenue. The Clerk noted the dates
~ of publication and stated the hearing notices were found to be in order.
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2. Manager Evans presented the staff report and recommended the matter be
tabled until the applicants special use permit is heard.
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3. Mr. Richard Schreier, 2125 Desoto Street, the applicant, spoke on behalf ci
the proposal.
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I 4. Mayor Greavu called for proponents, None were heard.
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5. Mayor Greavu called for opponents. None were heard.
~I 6. Mayor Greavu closed the public hearing.
7. Councilman Nelson introduced the following resolution and moved its adoption:
80-9-181
l
RESOLUTION RECITING A PROPOSAL FOR A INDUSTRIAL
FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL
TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION
'j FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID
PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota Statutes, known as the Munnesota Munici~
pal Industrial Development Act (the "Act") as found and determined by the legislature
is to promote the welfare of the state by the active attraction and encouragement and
development of economically sound industry and commerce to prevent so far as possible "
{ the emergence of blighted and marginal lands and areas of chronic unemployment;
- 4 - 9/18
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(b) Factors necessiatating the active promotion and development of economically
sound industry and commerce are the increasing concentration of population in the metro-
politan areas and the rapidly rising increase in the amount and cost of governmental
services required to meet the needs of the increased population and the need for de-
velopment of land use which will provide an adequate tax base to finance these increased
costs and access to employment opportunities for such population;
'i
(c) The City Council of the City of Maplewood ("the City") has received from Ger-
'j vais Associates, a partnership consisting of Richard Schreier and others to be deter-
mined, a partnership organized under the lases of the State of Minnesota (the"Company")
a proposal that the City assist in financing a Project hereinafter described, through
the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred
to in this resolution as "Revenue Bonds" pursuant to the Act;
(d) The City desires to facilitate the selective development of the community,
~ retain and improve the tax base and help to provide the range of ,services and employ-
~ ment opportunities required by the population; and the Project will assist the City
v in achieving those objectives. The Project will help to increase assessed valuation
{ of the City and help maintain a positive relationship between assessed valuation and
_i debt and enhance the image and reputation of the community;
(e) Company is currently engaged in the business of The
Project to be financed by the Revenue Bonds is a storage warehouse facility to be
located in the City and leased to various parties and consists of the acquisition of
land and the construction of buildings and improvements thereon and the installation
of equipment therein, and will result in the employment of additional persons to work
i within the new facilities;
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(f) The City has been advised by representatives of Company that conventional,
commercial financing to pay the capital cost of the Project is available only on a
limited basis and at such high costs of borrowing that the economic feasibility of
~ operating the Project would be significantly reduced, but Company-has alsoadvised
this Council that with the aid of municipal financing, and its resulting low borrow-
ing cost, the Project is economically more feasible;
(g) Pursuant to a resolution of the City Council adopted on August 21, 1980, a
public hearing on the Project was held on September 18, 1980, after notice was publish-
ed, and materials made available for public inspection at Maplewood City Hall, all as
required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing
all those appearing at said hearing so desired to speak were heard;
(h) No public official of the City has either a direct or indirect financial
interest in the Project nor will any public official either directly or indirectly
benefit financially from the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
~ 1. The Council hereby gives preliminary approval to the proposal of Company
that the City undertake the Project pursuant to the Minnesota Municipal Industrial
Development Act (Chapter 474, Minnesota Statutes), consisting of the acquisition,
construction and equipping of facilities within the City pursuant to Company's
specifications suitable for the operations described above and to a revenue agreement
between the City and Company upon such terms and conditions with provisions for revision
from time to time as necessary, so as to produce income and revenues sufficient to pay,
when due, the principal of and interest on the Revenue Bonds in the total principal
amount of approximately $900,000 to be issued pursuant to the Act to finance the
acquisition, construction and equipping of the Project; and said agreement may also
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provide for the entire interest of Company therein to be
mortgaged to the purchaser of the Revenue Bonds; and the City
hereby undertakes preliminarily to issue its Revenue Bonds in
accordance with such terms and conditions;
2. On the basis of information available to this Council
it appears, and the Council hereby finds, that the Project
constitutes properties, real and personal, used or useful in
connection with one or more revenue prod~.:;:in<1 enterprises en-
gaged in any business within the meaning of Subdivision 1 of
Section 474.02 of the Act; th;;t the Project furthers the
purposes s!:3ted in Section 474.01, Minnesota Statutes; that the
availability of the financing under the Act and willingness of
the City to furnish such financing will be a substantial
-.inducement to Company to undertake the Project, and that the
effect of the Project, if undertaken, will be to encourage the
development of economically sound industry and commerce, to
assist in the prevention of the emergence of blighted and
~ marginal land, to help prevent chronic unemployment, to help
~ :;the City retain and improve the tax base and to provide the
range of service and employment opportunities required by the
~ population, to help prevent the movement of talented and
~ educated persons out of the state and to areas within the State
where their services may not be as effectively used, to promote
more intensive development and use of land within the City and
i eventually to increase the tax base of the community;
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3. The Project is hereby given preliminary approval by
- the City subject to the approval of the Project by the Coa-
missioner of Securities, and subject to final approval by t!:is
Council, Company, and the purchaser of the Revenue Bonds as to
the ultimate details of the financing of the Project;
4. In accordance with Subdivision 7a of Section 474.01
! Minnesota Statutes, the Mayor of the City is hereby authorized
~ and directed to submit the proposal for the Project to the
II Commissioner of Securities, requesting his approval, and other
'I officers, employees and agents of the City are hereby
authorized to pro••ide the Commissioner with such prelimir.~:ry
information as he may require;
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1 5. Company has agreed and it is hereby determined that
any and all costs incurred by the City in connection with the
financing of the Project whether or not the Project is carried
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-to completion and whether or not approved by the Com^~issioner
will be paid by Company; ~
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6. Briyys and t•7organ, Professional Association, acting as
bond counsel, and , investment
ban;cers, are authorized to assist in the preparation and review
of necessary documents relating to the Project, to consult with
the City Attorney, Company and the purchaser of the Revenue
Bonds as to the maturities, interest rates and other terms and
i provisions of the Note and as to the covenants and other
provisions of the necessary documents and to submit such
'i documents to the Council for final approval;
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7. Nothing in this resolution or in the documents pre-
pared pursuant hereto shall authorize the expenditure of any
municipal funds on the Project other than the revenues derived
from the Project or otherwise granted to the City for this
purpose. The Revenue Bonds shall not constitute a charge, lien
or encumbrance, legal or equitable, upon any property or funds
of the City except the revenue and proceeds pledged to the
payment thereof, nor shall the City be subject to any liability
thereon. The holder of the Revenue Bonds shall never have the
right to compel any exercise of the taxing power of the City to
pay the outstanding principal on the Revenue Bonds or the
{ .interest thereon, or to enforce payment thereof against any
I property of the City. The Revenue Bonds shall recite in
'I substance that the Revenue Bonds, including interest thereon,
is payable solely from the revenue and proceeds pledged to the
~ payment thereof. The Revenue Bonds shall not constitute a debt
of the City within the meaning of any constitutional or
statutory limitation;
8. In anticipation of the approval by the Commissioner of
Securities and the issuance of the Revenue Bonds to finance all
or a portion of the Project, and in order that completion of
the Project will not be unduly delayed when approved, Company
is hereby authorized to make such expenditures end advances
toward payment of that portion of the costs of the Project to
' be financed from the proceeds of the Revenue Bonds as Company
j considers necessary, including the use of interim, short-term
financing, subject to reimbursement from the proceeds of the
Revenue Bonds if and when delivered but othen+ise without
liability on the part of the City;
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9. The actions of the City Clerk in causing public notice
of the public hearing and in describing the general nature of i
-the Project and estimating the principal amount of bonds to be
issued to finance the Project and in preparing a draft of the
proposed application to the Commissioner c` Securities, State
of ffinnesota, for approval of the Project, which has been
available for inspection by the public at the City Hall from
and after the publication of notice of the hearing, are in all
respects ratified and confirmed. ~
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilperson Juker,
Councilmen Bastian and Nelson.
Nays - Councilman Anderson.
b. United Artists - Movies at Maplewood - Beam and Southlawn Avenue
1. Mayor Greavu convened the meeting for a public hearing regarding a request
from United Artists for $2,525,000 industrial development revenue bonds for
acquisition of land and the construction of a six screen movie theatre facility
' on Beam and Soutlil.awn Avenues. The Clerk noted the dates of publication and
~ stated the hearing notices were in order.
2. Manager Evans presented the staff report.
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3. Mayor Greavu called for proponents. None were heard.
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4. Mayor Greavu called for opponents. None were heard.
~ 5. Mayor Greavu closed the public hearing.
6. Mayor Greavu introduced the following resolution and moved its adoption
80-9-182
RESOLUTIbN RECITING A PROPOSAL FOR A
CO;IMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIFiINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
J FOR APPROVTL OF SAID- PROJECT TO THE
COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
I~ AND AUTHORIZING THE PREPARATION OF
fj NECESSARY DOCUMENTS AND MATERIALS
j~ IN CONNECTION WITH SAID PROJECT
~ WHEREAS,
'I
'I
(a) The purpose of Chapter 474, Minnesota
Statutes, known as the Minnesota tlunicipal Industrial ~ '
Development Act (the "Act") as found and determined by the
legislature is to promote the welfare of the state by the
active attraction and encouragement and development of economi-
cally sound industry and commerce to prevent so far as possible
the emergence of blighted and marginal lands and areas of
chronic unemployment;
'I (b) Factors necessitating the active promotion
and development of economically sound industry and commerce are
the increasing concentration of population in the metropolitan
areas and the rapidly rising increase in the amount and cost of
! governmental services required to meet the needs of the
_ increased population and the need for development of land use
I which will provide an adequate tax base to finance these
increased costs and access to employment opportunities for such
population;
a
(c) The City Council of the City of Maplewood
("the City") has received from United Artists Theatre Circuit,
Inc., a Maryland corporation (the "Company") a proposal that
the City assist in financing a Project hereinafter described,
through the issuance of a Revenue Bond or Bonds or a Revenue
Note or Notes hereinafter referred to in this resolution as
"Revenue Bonds" pursuant to the Act;
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_ _ _ _
(d) The City desires to facilitate the selec-
' tive development of the community, retain and improve the tax
base and help to provide the range of services and employment
opportunities required by the population; and the Project will
assist the City in achieving those objectives. The Project
will help to increase assessed valuation of the City and help
maintain a positive relationship between assessed valuation and
l debt and enhance the image and reputation of the community;
(e) The Project to be financed by the Revenue
Bonds is a six screen movie theatre facility to be located in
the City and consists of the acquisition of land and the
!~~i construction of buildings and improvements thereon and the
i installation of equipment therein, and will result in the em-
1 ployment of 45 additional persons to work within the new
facilities;
~ (f) The City has been advised by representa-
`I
tives of Company that conventional, commercial financing to pay
the capital cost of the Project is available only on a limited
basis and at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly
~ reduced, but Company has also advised this Council that with
the aid of municipal financing, and its resulting low bor-
rowing cost, the Project is economically more feasible;
I (g) Pursuant to a resolution of the City Council
adopted on August 7, 1980, a public hearing on the Project was held on September 22,
1980, after notice was published, and materials made available for public in-
'I spection at the City Hall, all as required by Minnesota Statutes, Section 474.01,
i Subdivision 7b at which public hearing all those appearing at said hearing so
desired to speak were heard;
(h) No public official of the City has either a
direct or indirect financial interest in the Project nor will
any public official either directly or indirectly benefit
financially from the Project.
NO~~, THEREFORE, BE IT RESOLVED by the City Council of the
City of Maplewood, Minnesota, as follows:
1. The Council hereby gives preliminary approval to the
proposal of Company that the City undertake the Project
pursuant to the Minnesota Municipal Industrial Development Act
(Chapter 474, Minnesota Statutes), consisting of the acqui-
sition, construction and equipping of facilities within the
City pursuant to Company's specifications suitable for the
operations described above and to a revenue agreement between
the City and Company upon such terms and conditions with
provisions for revision from time to time as necessary, so as
to produce income and revenues sufficient to pay, when due, the
principal of and interest on the Revenue Bonds in the total
~ principal amount of approximately $2,525,000 to be issued
I - 9 - 9/18
pursuant to the Act to finance the acquisition, construction
and equipping of the Project; and said agreement may also
i provide for the entire interest of Company therein to be
mortgaged to the purchaser of the Revenue Bonds; and the City
hereby undertakes preliminarily to issue its Revenue Bonds in
accordance with such terms and conditions; i
1
2. On the basis of information available to this Council
it appears, and the Council hereby finds, that the Project
constitutes properties, real and personal, used or useful in
connection with one or more revenue producing enterprises en-
gaged in any 1-~usiness within the meaning of Subdivision la of
Section 474.02 of the Act; tha+: the Project furthers the
puro:~ses stated in Sect_on 474.01, Minnesota Statutes; that the
availability of the financing under the Act and willingness of
the City to furnish such financing will be a substantial
induce,~ent to Company to undertake the Project, and that the
effect of the Project, if undertaken, will be to encourage the
development of economically sound industry and commerce, to
:i ,assist in the prevention of the emergence of blighted aad
marginal land, to help prevent chronic unemployment, to help
the City retain and improve the tax base and to provide the
,il range of service and employment opportunities required by the
population, to help prevent the movement of talented and
~ educated persons out of the state and to areas within the State
i where their services may not be as effectively used, to promote
more intensive development and use of land within and adjacent
~ to the City and eventually to increase the tax base of the
community;
3. The Project is hereby given preliminary approval by
the City subject to the approval of the Project by the Com-
missioner of Securities, and subject to final approval by this
Council, Company, and the purchaser of the Revenue Bonds as to
the ultimate details of the financing of the Project;
4. In accordance with Subdivision 7a of Section 474.01
~ Minnesota Statutes, the Mayor of the City is hereby authorized
and directed to submit the proposal for the Project to the
Commissioner of Securities, requesting his approval, and other
officers, employees and agents of the City are hereby
authorized to provide the Commissioner with such preliminary
information as he may require;
5. .Company has agreed and it is hereby determined that
any and all costs incurred by the City in connection with the
financing of the Project whether or not the Project is carried
to completion and whether or not approved by the Commissioner
will be paid by Company;
6. Briggs and Morgan, Professional Association, acting as
bond counsel, and Juran & Moody, Inc., investment bankers, are
authorized to assist in the preparation and review of necessary
documents relating to the Project, to consult with the City
Attorney, Company and the purchaser of the Revenue Bonds as to
the maturities, interest rates and other terms and provisions
of the Revenue Bonds and as to the covenants and other
provisions of the necessary documents and to submit such
,I
documents to the Council for final approval;
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_ _ _ _ _
7. Nothing in this resolution or in the documents pre-
pared pursuant hereto shall authorize the expenditure of any
municipal funds on the Project other than the revenues derived
from the Project or otherwise granted to the City for this
purpose. The Revenue :.onds shall not constituro erthaorefundsn
or encumbrance, leg-~1 ~r equitable, upon any p p Y
of the City e>:tiept the revenue and proceeds pledged to the
payment thereof, nor shall the City be subject to any liability
thereon. The holder of the Revenue Aonds showernofetheaCityhto
rigYt to compel any exercise of the taxing p
pay the outstanding principal on tt~e Revenue Bonds or the
interest thereon, or to enforce payment thereof against any
property of the City. The Revenue Bonds shall recite in
substance that the Revenue Bonds, .including interest thereon,
is payable solely from the revenue and proceeds pledged to the
payment thereof. The Revenue Bonds shall not constitute a debt
'of the City within the meaning of any constitutional or
statutory limitation;
8. In anticipation of the approval by the Commissioner of
Securities and the issuance of the Revenue Bonds to finance all
or a portion of the Project, and in order that completion of
the Project will not be unduly delayed when approved, Company
' is hereby authorized to make 'such expenditures and advances
toward payment of that portion of the costs of the Project to
~ be financed from the proceeds of the Revenue Bonds as Company
I considers necessary, including the use of interim, short-term
financing, subject to reimbursement from the proceeds of the
Revenue Bonds if and when delivered but otherwise without
liability on the part of the City;
Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilman Bastian
and Nelson.
Nays - Councilman Anderson and Council-
. person Juker.
c. Carlton Racquetball - Carlton Avenue
1. Mayor Greavu convened the meeting for a public hearing regarding the
request of the Carlton Racquetball Club for Industrial Revenue notes in the
amount of $700,000.00 to construct a 12 court Racquetball Club to be located
on Carlton at Fifth Street. The Clerk noted the dates of publication and
stated the hearing notices were in order.
2. Manager Evans presented the staff report.
I
3, Mayor Greavu called for proponents. None were heard.
j 4. Mayor Greavu called for opponents. None were heard.
5, Mayor Greavu closed the public hearing.
6o Mayor Greavu introduced the following resolution and moved its adoption:
9/18
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;i 80-9-183
RESOLUTION RECITING A PROPOSAL FOR A
CO.~L~iERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJEC'P
PURSUANT TO THE__MINNE.SOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHO3IZING THE SUBMISSION OF AN APPLICATION
F'OR APPROVAL OF SAID PROJECT TO THE
COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
AND AU^1HORTZING THE PREPARATION OF
N}"::~1SSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH SAID PROJECT
h~; EREAS,
(a) The purpose of Chapter X74, Minnesota .
Statutes,"known as the Minnesota Municipal Industrial
Development Act (the "Act") as found and determined by the
legislature is to promote the welfare of the state by the
active attraction and encouragement and development of economi-
cally sound industry and commerce to prevent so far as possible
the emergence of blighted and marginal lands and areas of
c'aronic unemployment;
(b) Factors necessitating the active promotion
and development of economically sound industry and commerce are
the increasing concentration of population in the metropolitan
` areas and the rapidly rising increase in the amount and cost of
j governnental'services required to meet the needs of the
increased population and the need for development of land use'
which will provide an adequate. tax base to finance these
increased costs and access to employment opportunities for such
popula t ior. ;
(c) The City Council o` the City of Idaplewood
('the City") has received from Carlton Racquet Club, a
corporation organized under the laws of the State of Minnesota
{the "Company") a proposal that the City assist in financing a
"I~ Project hereinafter described, through the issuance of a
Revenue Note or Notes (the "Revenue Note") pursuant to the Act;
(d) The City desires to facilitate the selec-
tive development of the community, retain and improve the tax
base and help to provide the range of services and employment
opportunities required by the population; and the Project will
• t
assist the City in achieviny those objectives. The Projec
will help to increase assessed valuation of the City and help
w en assessed valuation-and
maintain a positive relationship bet e
debt and enhance the image and reputation"of the community;
' - 12 - 9/18
(e) The Project to be financed by the Revenue
Note is a racquetball club facility to be located in the City
~ and owned and operated by the Company, and ~~ill result in the
employment of 17 additional persons to work within the new
facilities. The proceeds of the Revenue Note are to be used
for the acquisition of land and the construction of buildings
and improvements and the installation of equipment comprising
the Project.
(f} The City has been advised by representa-
tives of Cor..pany that conventional, commercial financing to pay
thc. ca~:~ sl cost of the Project is available only on a limited
_ basis ar, at such high costs of borrowing that the economic
feas'bili~.y of operating the Project would be significantly
redu.~d, but Company has also advised this Council that with
~ the a_d of municipal financing, and its resulting low bor-
rowing cost, the Project is economically more feasible;
~ (g) Pursuant to a resolution of the City Council adopted on
August 7, 1980, a public hearing on the Project was held on September 18, 1980,
after notice was published, and materials made available for public inspection
at 1380 Frost Avenue, all as required by Minnesota Statutes, Section 474.01,
i Subdivison 7b at which public hearing all those appearing at said hearing so
desired to speak were heard;
i (h) No public official of the City has either a'
~ direct or indirect financial interest in the Project nor will
any public official either directly or indirectly benefit
financially from the Project.
~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Maplewood, Minnesota, as follows:
1. -The Council hereby gives preliminary approval to the
proposal of Company that the City undertake the Project
pursuant to the Minnesota Municipal Industrial Development Act
(Chapter 474, Minnesota Statutes), consisting of the acqui-
sition, construction and equipping of facilities within the
City pursuant to Company's specifications suitable for the ,
operations described above and to a revenue agreement between
the City and Company upon such terms and conditions with
provisions for revision from time to time as necessary, so as
to produce income and revenues sufficient to pay, when due, the
principal of and interest on the Revenue Note in the total
principal amount of approximately $700,000 to be issued
pursuant to the Act to finance the acquisition, construction
`1 and equipping o° the Project; and said agreement may also
prov`_de for the entire interest of Company therein to be
mortgaged to tre purchaser of the Revenue Note; and the City
hereby undertakes preliminarily to_issue its Revenue Note in
accordance with such terms and conditions;
I
- 13 - 9/18
,i
- 2. • On the basis of information available to this Council
it appears, and the Council hereby finds, that the Project
ccZStitutes properties, real and personal, used or useful in
connection wit's one or more revenue producing enterprises en-
gaced in any b~:siness within the meaning of Subdivision la of
Section :74.02 of the Act; that the Project furthers the
~ purposes stated in Section 474.01, Minnesota Statutes; that the
~ avail=_bility o~ the financing under the Act and willingness of
the City to furnish such financing will be a substantial
inducement to Company to undertake the Project, and-that the
_1 e`~ect o_° the ?roject, if undertaken, will be to encourage the
! development o= economically.sound industry and commerce, to
assist in the prevention of the emergence of blighted and
margi^al land, to help prevent chronic unemployment, to help
the City retain and improve the tax base and to provide the
rase of service and employment opportunities required by the
population, to ?:elp prevent the movement of talented and
~ ed~~cated persons out of the state and to areas within the State
'where their se~~ices may not be as effectively used, to promote
gore intensive development and use of land within the City and
3 eventsally to increase the tax base of the community;
'1 -
3. The ?roject is hereby given preliminary approval by
tt~ City sub;=ct to the approval of the Project by the Com-
~issioner o_` S=curities, and subject to final approval by this
Council, Company, and the purchaser of the Revenue Note as to
the ultiaate details of the financing of the Project;
In accordance with Subdivision 7a of Section 474.01
!~Siaresota Statutes, the Mayor of the City is hereby authorized
a^d cirected to submit the proposal for the Project to the
Cc~issiorer of Securities, requesting his approval, and other
I o~`icers, e^piovees and agents of the City are hereby
au^o-ized to arovide the Commissioner with such preliminary
information as he may require;
l
The Cc.:,pany has agreed and it is hereby determined
that a:.y and all costs incurred by the City in connection with
the _`inaacing of the Project whether or not the Project is
carried to completion and whether or nb:. approved by the
Ca~.missioner will be paid by Company; .
i 6. Briggs and Morgan, Professional Association, acting as
bond counsel, is authorized to assist in the preparation and
review of necessary documents relating to the Project, to
consult with the City Attorney, Company and the purchaser of
the Revenue Note as to the maturities, interest rates and other
terms and rovisions of the Note and as to the covenants and
P
other provisions of the necessary documents and to submit such
documents to the Council for final approval; ,
i
- 14 - 9/18
'i
7. Nothing in this resolution or in the documents pre-
pared pursuant hereto shall authorize the expenditure of any
municir.,al funds on the Project other than the revenues derived
from the Project or otherwise granted to the City for this
purpose. The Revenue Note shall not constitute a charge, lien
or encumbrance, legal or equitable, upon any property or funds
of the City except the revenue and proceeds pledged to the
payment thereof, nor shall the City be subject to any liability
thereon. The holder of the Revenue Note shall never have the
right to compel any exercise of the taxing power of the City to
pay the outstanding principal on the Revenue Note or the
interest thereon, or to enforce payment thereof against any
property of the City. The Revenue Note shall recite in
substance that the Revenue Note, including interest therr~n, is
payable solely from the revenue and proceeds pledged to t:~e
~ ~ payment thereof: The Revenue Note shall not constitute a debt
of the City within the meaning of any constitutional'or
~ --statutory limitation;
8. In anticipation of the approval by the Commissioner of
Securities and the issuance of the Revenue Note to finance all 'I
or a portion of the Project, and in order that completion of
the Project will not be and ay delayed when approved, Company
' _ i~ hereby authorized to make such expenditures and advances
toward payment of that portion of the costs of the Project to
be financed from the proceeds of the Revenue Note as Company
i considers necessary, including the use of interim, short-term
i financing, subject to reimbursement from the proceeds of the
Revenue Note if and when delivered but otherwise without
liability on the part of the City;
I 9. The actions of the City Clerk in causing public notice
of the public hearing and in describing the general nature of
the-Project and estimating the principal amount of bonds to be
issued to finance the Project and in preparing a draft of the
proposed application to the Commissioner of Securities, State
o_ Minnesota, for approval of the Project, which has been
avai'_able for inspection by the public at the City Hall from
and a`ter the publication of notice of the hearing, are in all
respects ratified and confirmed.
Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilmen Bastian
and Nelson.
.r
Nays - Councilman Anderson and Councilperson
Juker.
~ G. AWARD OF BIDS
1. Employee Medical Insurance
a. Manager Evans presented the staff report,
,1
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- 15 - 9/18
I
R
i
a
a
b, Councilman Anderson moved to award the employee medical insurance to Great
I West Life Assurance Company for one year beginning October 1 1980 and authorized
the following:
1. Waive the information in the bid submitted by Great West Life Assurance
Company;
2, Award the contract for group medical insurance and group life insurance
up to $10,000 to Great West Life Assurance Company;
3. Authorize an amendment to the contract with Minnesota Mutual Life Insur-
ance Company to enable a portion of the life insurance to be provided by
the Great West Life Assurance Company.
Seconded by Councilman Nelson, Ayes - all.
H. UNFINISHED BUSINESS
1, Food Code - Second Reading
~ a. Manager Evans presented the staff report.
J
~ b, Ms. Donna Funk, owner of the Gladstone House, voiced her concerns and asked
~ questions of the Council concerning the proposed ordinance,
c, Councilman Bastian moved to amend Section 806.160 and 806.170 of the
~ proposed ordinance.
Seconded by Councilman Nelson, Ayes - Councilperson Juker, Councilmen
Anderson, Bastian and Nelson,
I Nays - Mayor Greavu,
d. Councilman Nelson introduced the following ordinance and moved its adoption:
~ ORDINANCE N0, 492
AN ORDINANCE REPLACING CHAPTER 806 OF
~ THE MUNICIPAL CODE OF THE CITY OF
MAPLEWOOD CONCERNING FOOD ESTABLISHMENTS
THE COUNCIL OF THE CITY OF MAPLEWOOD HEREBY ORDAINS AS FOLLOWS:
SECTION 806 - FOOD ESTABLISHMENTS
806,010. PURPOSE, The purpose of this ordinance is to establish standards
to protect the health, safety, and the general welfare of the people of Maplewood,
These general objectives include the following:
1. Prevent food-borne illness
2. Correct and prevent conditions that may adversely affect persons utilizing
food establishments
3. Provide minimum standards for the design, construction, operation, and
maintenance of food establishments
- 16 - 9/18
4. Meet consumer expectations to the quality and safety of food establishments
806.0200 DEFINITIONS. For the purpose of this ordinance the following words
shall have the following meanings:
1. Adulterated shall mean the condition of food if it bears or contains any
poisonous or deleterious substance in a quantity which may render it in-
jurious to health; if it bears or contains any added poisonous or deleterious
substance for which no safe tolerence 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 is
otherwise unfit for human consumption, if it has been processed, prepared,
packed, or held under unsanitary conditions; whereby it may have become
contaminated with filth, or whereby it may have been rendered injurious to
health; if it is in whole or in part the product of a diseased animal, or an
animal which has died otherwise than by slaughter; or if its container is
composed in whole or in part of any poisonous or deleterious substance which
may render the contents injurious to healtho
2. Approved shall mean acceptable to the Health Authority as determined by
conformance to appropriate standards and good public health practices.
I
3. Catering Food Vehicle shall mean any food vehicle used to transport any food i
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 i
sale or service to the consumero I
~ 4. Clean shall mean free from physical, chemical, and microbial substances
j discernible by ordinary sight or touch, by ultraviolet light or by
artificial light, by the safrainine-o dye test or by microscopic or
microbiological examination and free from insects, vermin and debris.
~ 5. Corrosion-Resistant Materials shall mean those materials that maintain their
original surface characteristics under prolonged influence of the food to be
contacted, the normal use of cleaning compounds and bactericidial solutions,
and other conditions of use environment.
6. Easily Cleanable shall mean that surfaces are readily accessible and made
of such materials and finish and so fabricated that residue may be effectively
removed by normal cleaning methods,
7. Embar o 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 FFiealth Authority for such sale
or use.
8. Equipment shall mean stoves, ovens, ranges, hoods, slicers, mixers, meatblocks,
tables, counters, refrigerators, sinks, dishwashing machines, steam tables,
ir'~ fixed and mobile manufacturing, processing, packaging and conveying equipment
and similar items other than utensils used in the operation of a food establish-
ment.
~ 9. Food shall mean any raw, cooked, or processed substance, beverage, water, ice,
or other ingredient used or intended for use in whole or in part for human
consumption..
,I
10. Food Contact Surface shall mean those surfaces of equipment and utensils with
'i
- 17 - 9/18
_
which food normally comes in contact, and those surfaces from which food may
drain, drip, or splash back onto surfaces normally in contact with food.
11. Food Establishment shall mean any building, room, stand, enclosure, vehicle,
space, area, or other place wherein food is stored, prepared, manufactured,
_ processed, wrapped, canned, packed, bottled, transported, distributed, sold,
or offered for sale or served in any way with or without charge, except
private homes.
12. Food Vehicle shall mean any food establishment consisting of a mobile vehicle
which hauls any food for the purpose of delivery or sale.
13. Garbage shall mean discarded material resulting from the handling, processing,
` storage, preparation, serving and consumption of food.
14. Health Authority shall mean the City Health Officer or the Environmental Health
Official of the City of Maplewood.
'I 15. Hermetically Sealed Container shall mean a container designed and intended to
J be secured against the entry of microorganisms and to maintain the commercial
`j sterility of its contents after processing.
16. Home Prepared Food shall mean any food which has been processed or prepared in
~ a private home.
~ 17. Itinerant Food Establishment shall mean a food establishment operating for
a temporary period of 14 consecutive days or less, including but not limited
~ to fair, carnival, circus, or public exhibition.
~ 18. Law shall include all Federal, State, and local statutes, ordinances, and
regulations.
~ 19. Misbranding shall mean the use or absence of any written, printed or graphic
matter upon or accompanying food or containers of food which violates any
~ applicable local, State, or Federal labeling identification, or representation
requirements.
20. Packaged shall mean bottled, canned, cartoned, or securely wrapped.
?i 21. Perishable Food shall mean food such as fresh fruits and vegetables and
other foods which will decompose in the absence or refrigeration.
22. Person shall mean any individual, firm, partnership, corporation, trustee, or
association and with respect to acts prohibited or required herein, shall
include employees and licensees.
23. Potable Water shall mean water which is from a source of supply and system
operated, located, and constructed in accordance with the provisions of the
Minnesota Department of Health rules relating to public water supply and well
water.
24. Potentially Hazardous Food shall mean any food that consists in whole or in
' part of milk or milk products, eggs, meat, poultry, fish,.mollusk, edible
crustacea, or other ingredients, including synthetic ingredients, in a form
capable of supporting rapid and progessive growth of infectious or toxigenic
microorganisms. The term does not include clean, whole, untracked, odor-free
shell eggs or foods which have a pH level of 4.6 or below or a water activity
(aW) value of 0,85 or less.
_
25. Putrescible Material shall mean solid waste which is capable of becoming
rotten and which may reach afoul state of decay or decomposition.
9
I
26. Reconstituted Food shall mean dehydrated food products recombined with water
or other liquids.
27. Refuse shall mean putrescible and non-putrescible solid wastes, except body
wastes, ind including garbage, rubbish, ashes, incinerator ash, incinerator
residue, street cleanings, and market and industrial solid wastes.
28. Safe Materials shall Wean articles manufactured from or composed of materials
that may not reasonably be expected or result, directly or indirectly, in
.I their becoming a component or otherwise affecting the characteristics of any
food. If materials used are food additives or color additives as defined
in Section 201 (s) or (t) of the Federal Food, Drug, and Cosmetic Act they
are "safe" only if they are used in conformity with regulations established
pursuant to Section 409 or Section 706 of the Act. Other materials are
I - "safe" only if, as used, they are not food additives or color additives as
defined in Section 201 (s) or (t) of the Federal Food, llrug, and Cosmetic Act
and are used in conformity with all applicable regulations of the Food and
Drug Administration.
29. Sanitization shall mean effective bactericidal treatment by a process that
provides enough accumulative heat or concentration of chemicals for enough
time to reduce the bacterial count, including pathogens, to a safe level on
utensils and equipment.
30. Sealed shall mean free of cracks or other openings that permit the entry or
passage of moisture.
'i 31. Single Service Utensils shall mean all utensils which are meant for one-time
one-person use and then discarded.
32. Smooth shall mean having an even surface, free of cracks, chips, open seams,
rust, corrosion, breaks, pits, checks, and ridges.
,I
33. Special Food Handling Establishment shall mean a food establishment where the
only food sold or offered for sale to the public is unwrapped bakery products
or candies, canned or bottled beverages, non-perishable machine dispensed
beverages, or pre-packed sandwiches, snacks or ice cream .novelties which are
heated, served or sold for consumption on the premises or immediate consumption
off the premises. This definition does not include the off-sale of liquor or
similar bottled or canned beverages.
34. Utensils shall mean kitchenware, tableware, dishes, glassware, cutlery, pots,
pans, containers, implements, or other equipment with which food comes in
contact during storage, cooking, processing, preparation, display, or serving.
35. Wholesome shall mean sound, healthful, clean unadulterated, and in all ways
fit for human food and human consumption.
' 36. Vending Machine shall mean. any type of self-service device which upon insertion
' of a coin, coins, or token, 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, and shall include self-service
candy displays where coins are inserted into a depository in the displaying
device.
I
- 19 - 9/18
806.030. LICENSE REQUIRED. No person shall operate a food establishment or
engage in the business of oeprating any of the following types of enterprises
within the corporate limits of the City of Maplewood unless a license for the
current year of the applicable type described herein shall have been obtained
therefore pursuant to this Section from the City of Maplewood:
Food Establishment
ii Catering Food Vehicle
Itinerant Food Establishment
Non-Perishable Food Vehicle
Potentially Hazardous Food Vehicle
;j Special Food Handling Establishment
Where the business consists only of a Catering Food Vehicle, Itinerant Food
Establishment, Non-Perisable Food Vehicle, or Potentially Hazardous Food Vehicle,
or Special Food Handling, a food establishment license shall not be required in
1 addition.
When more than five food vehicles of the same type are operated by the same person
in the same business in the City of Maplewood, they may obtain a fleet license. If
such fleet license is suspended or revoked, such suspension or revocation shall
~ affect every vehicle.
Any person who has a license from the Commissioner of Agriculture pursuant to
the provisions of Minnesota Statutes Annotated No. 17.037 (3), and not having a
plant located in the City of Maplewood or delivery equipment principally located
in the City of Maplewood, shall be exempt from the provisions of this Section.
806.040. LICENSE REQUIRED, FEE EXCEPTIONS. Food establishments in and operated';
by governmental subdivisions, charitable institutions shall be required to apply for
and obtain a license, but shall not be charged a fee therefore, but shall be subject
to all other requirements of this Section.
806.050. APPLICATION FOR LICENSES. Application for licenses shall be made in
writing to the City of Maplewood. Such applications shall specify the following:
1. Name of the applicant(s) and if a corporation, the registered office thereof.
2. The name and address of the location of place of business or activity for
which the license is requested.
3. Such additional information or documents as the ordinance or administrative
~ regulations may require from the applicant.
'Ji
{ 806.060. REVIEW PRIOR TO LICENSE APPROVAL. The license application shall be
reviewed by the appropriate municipal officers (Police, Fire, Environmental Health)
?1 for review and comment, The Municipal officers shall recommend approval or dis-
1 approval of the application, and when recommending disapproval, furnish in writ-
ing their reasons therefore.
806.070. NOTICE TO APPLICANT, In the event disapproval of an application is
recommended, the City shall notify the applicant of:
1. The nature of the recommendation or action.
2. The time and place at which the Council will next consider application.
- 20 - 9/18
3. The applicant's right to appear before the Council in support of the application.
i
806.080. SUSPENSION: REVOCATION. The Council may suspend or revoke any
license issued pursuant to the Ordinance if the Council finds that any of the
following ever occur; provided, however, that the licensee shall be given notice
of the proposed revocation or suspension and be provided an opportunity to appear
before the Council and be heard:
ii
1. That the licensee has knowingly made false statements in or regarding his
application.
2. That the licensee or his agents have violated or failed to comply with
Ordinance provisions, statutes, or legal directives pertaining to the
s regulation of activities authorized by the license.
3. That the licensee has failed to correct or remove, within a reasonable period,
ordinance violations after receipt of notice to do so.
4. That the continued operation of the license business is found to endanger public,
health, safety, or welfare.
806.0901 ISSUANCE. Upon approval of the application, the City of Maplewood
shall issue a license to the applicant, stating thereon the name and address of the
premises and the activity licensed.
' 806.100. CERTIFICATE OF OCCUPANCY REQUIRED. A Certificate of Occupancy is
required for the conduct of activities for which a Food Establishment license is
required, the license shall not be valid until said Certificate has been issued
by the Building Official.
I 806.110. LICENSES - NONTRANSFERRABLE, NO REFUND. A license is nontransferrable,
and the licensee shall not be entitled to a refund of any license fee upon revoc-
ation or voluntarily ceasing to carry on the licensed acitivity. However, in the
event of Council denial of the application, the fee shall be refunded.
i 806.120. LICENSE FEES. The fees for the various licenses shall be as is
stated in Section 266 and 288 of the Maplewood City Code.
_ 806.130. FAILURE TO APPLY FOR LICENSE. If an application for license renewal
is not submitted within 30 days after expiration of the current license, the
licensee shall cease the previously licensed activity. Continued activity after
~ the 30 day period shall be an ordinance violation.
~ 806.140. DISPLAY OF LICENSE. Licenses shall be conspicuously displayed at
all times in all licensed food establishments. All food vehicles shall be
identified with the name and location of the licensee prominently displayed on
each side.
806.150. POSTING. Each sanitary survey report may be posted by the Health
Authority upon a designated office of the food establishment, not in a public area.
The survey report shall not be defaced or removed by any person except the Health
Authority for a period of 90 days. The posting of the survey report upon the inside
wall of the food establishment shall constitute service of an official notification
of the inspection by the Health Authority. The Health Authority may, in lieu of
posting such report, deliver it to the licensee or his authorized agent. A copy
~ of the inspection report shall be filed with the records of the Environmental Health
Official.
j - 21 - 9/18
806.170. ACCESS TO PREMISES AND RECORDS. The person operating the food
establishment shall , upon the request of the Health Authority, permit access
to all parts of the establishment used to store, prepare or transport equipment
and food at any reasonable time during normal business hours for the purpose
of inspection. During normal office hours, the owner, licensee, or manager
~ shall exhibit and allow copying of those records relating to purchase of food for
purposes of ascertaining the sources of the foods when the Health Authority is
seeking to enforce the provisions of 806.430 of this act.
806.180. REMOVAL AND CORRECTION OF VIOLATIONS. Upon the posting in a food
ja establishment or the delivery to the licensee or his authorized agent of a survey
i report which contains a notice of one or more violations of this Section, all
i licensees, owners, or operators shall correct or remove each violation in a
reasonable length of time as determined by the Health Authority. The length of
1 time for the correction or removal of each such violation shall be noted on the
~ survey report. The failure to remove or correct each such violation within the
j time period noted on the survey report shall constitute a separate violation of
~ thxs Section.
806.190. EXAMINATION, CONDEMNATION, TAGGING. Samples of food may be taken
without cost for examination by the Health Authority when reasonably necessary for
the detection of unwholesome or adulterated foods. When the Health Authority has
~ made a determination that any food is unwholesome or adulterated or unfit for
human consumption or has forbidden the same or use thereof, such food shall not
I be used or sold and shall upon order of the Health Authority be removed, or des-
troyed. When the Health Authority has ordered that any clothing, equipment, or
utensil in any food establishment is not to be used by reason or noncompliance
'i with this Section or because of dirt, filth, extraneous matter, insects, corrosion,
open seams or chipped or cracked surfaces, such item shall not thereafter be used.
The Health Authority shall place a tag indicating such order on the item and it
shall be unlawful for any person to use such item while tagged or to remove the
tag except under direction of the Health Authority.
,i 806.200. CONSTRUCTION - PLAN REVIEW. All persons who hereafter construct,
remodel, or convert buildings or facilities for use as food establishments, shall
conform and comply in their construction, erection or alteration with the require-
ments of this ordinance. Two complete sets of plans and specifications for such
construction remodeling or alteration which shall show layout; arrangement;
mechanical, plumbing and electrical specifications; construction materials of
JJ work areas; and location, size and type of equipment and facilities, shall be
:I filed by its owner in the office of the Health Authority. The City shall not issue
a building permit for a food establishment or remodeling or alteration permit for
y~ such establishment until such plans have the approval of the Health Authority. The
food establishment shall be constructed and finished in conformance with the approved
plans. The Health Authority shall inspect the food establishments as frequently
as he may deem necessary during construction to ensure the construction occurs in
j conformance with this ordinance. The Health Authority shall conduct a final
1 inspection prior to the start of operations and issuance of an approved license.
`I
806.220, FOOD SOURCES AND SUPPLIES. Food shall be in sound condition, free
from spoilage, filth, or other contamination and shall be safe for human con-
sumption. Food shall be obtained from sources that comply with all laws relating
to food and food labeling and approved by the Health Authority. The use of food
~ that was not prepared in a licensed food establishment is prohibited,
- 22 - 9/1R
1. Fluid mild and fluid milk products used or served shall be pasteurized and
shall meet the Grade A quality standards as established by law. Fluid milk
i and fluid milk products shall be served to the consumer in the individual,
unopened, original containers in which they are received from the distributor
or served from a bulk container equipped with a sanitary dispensing device.
Milk containers which are served to consumer shall not be larger than one
pint. Where a bulk dispenser for milk and milk products is not available and
portions of less than 1/2 pint are required for mixed drinks, cereal, or
dessert service, milk and milk products may be poured from a commercially
;j filled container of not more than 1/2 gallon capacity. Non-dairy creaming
or whitening agents shall be provided in an individual service container or
drawn from a refrigerated dispenser designed for such service. Dry milk,
i dry milk products, and non-dairy product substitutes may be used in instant
'I dessert and whipped products or for cooking, baking, manufacturing and pro-
cessing purposes only.
2. All frozen dairy foods, such as, but not limited to, ice cream, frozen custards,
ice milk, milk sherbet, fruit or ice sherbet, yogurt, and frozen malted milk
shall meet applicable State laws, rules and regulations.
3. Fresh and frozen shucked shellfish (oysters, clams, or mussels) shall be packed
in nonreturnable packages identified with the name and address of the original
shell stock processor, shucker-packer, or repacker, and the interstate
certification number issued according to law. Shell stock and shucked shell-
, fish shall be kept in the container in which they were received until they are
used. Each container of unshucked shell stock (oyster, clams, or mussels)
shall be identified by an attached tag that states the name and address of
the original shell stock processor, the kind and quality of shell stock, and
an interstate certification number issued by the State or foreign shellfish
control agency.
4. All meat and meat products received, kept, or used in any manner in any food
establishment shall be officially identified as having been inspected and passed
for wholesomeness by the United States Department of Agriculture, and such
products upon which any official identification is lost by reason of the
~ processing thereof shall be identified by the name and location of the pro-
cessory thereon.
5. All poultry and poultrymeat products shall be clean, wholesome, free from
spoilage and adulteration and shall be processed in a food establishment
meeting the requirements established by law. Only clean whole eggs, with shell
intact and without cracks or checks, or pasteurized liquid, frozen, or dry
eggs or pasteurized dry egg products shall be used, except that hard-boiled,
peeled eggs, commercially prepared and packaged may be used. Provided that
liquid, frozen, dry eggs and egg products may be used for cooking, baking,
manufacturing and processing purposes only.
6. Only food grade lubricants of a safe material shall be used on equipment
designed to receive lubrication of bearings and gears on or within food-
contact surface.
~ 806.230. FOOD PROTECTION. Food shall be protected from potential contamin-
ation including dusts, insects, rodents, and other vermin; unclean equipment, work
surfaces, utensils and facilities; unnecessary or improper handling; cough and
sneezes; flooding, drainage and overhead leakage or drippage; and utensils or
~ - 23 - 9/18
a
equipment which have not been given bactericidal treatment. Adequate and approved
protection of all food shall be provided after delivery and while being stored, pre-
. pared, displayed, serviced, or sold in food establishments or transported between t';
such establishments.
~ 1. Emergency Occurrences. In the event of the fire, flood, power outage, or
i similar events that might result in the contaimination of food, or that might
prevent potentially hazardous food from being held in required temperatures,
the licensee shall immediately contact the Health Authority. Upon receiving
notice of this occurrence, the Health Authority shall take whatever action
that it deems necessary to protect the public health.
{ 2. Temperature Maintenance
~ a. The internal temperature of all potentially hazardous foods shall be
maintained at 40 F (4°C) or below, or 150 F (66°) or above, except
.j during preparation. Potentially hazardous foods requiring refrig-
j eration after preparation shall be repaidly cooled to an internal
temperature of 40 F (4°C) or below within four hours after removal
from the heating or hot holding device. Potentially hazzardous frozen foods
1 shall be stored at an internal temperature of 0 F (-18 C) or below.
~ b. Adequate, properly designed, and conveniently located mechanical
refreigeration or hot food storage facilities shall be provided to ensure
i the maintenance of potentially hazardous food at required temperatures.
Each facility shall be provided with a numerically scaled temperature
indicating device accurate to + 3° F 2°) located to measure the air
temperature in the warmest part of the refrigeration facility or coldest
part of the hot holding facility. Temperature indicating devices shall
be securely fastened and located to be easily readable. Where it is
impractical to install fixed temperature indicating devices on equipment
such as, but not limited to, cold table tops, steam tables, processing
lines, kettles, heat lamps, or portable transport carriers, a product
i thermoeter, accurate to + 3° F 2°) shall be maintained and used
to check internal food temperatures.
c. Thawing potentially hazardous foods. Potentially hazardous foods shall
be thawed:
1. In refrigerated units at a temperature not to exceed 40° F; or
2. Under potable running water of a temperature of 70° or below, with
sufficient water velocity to agitate and float off loose food
particles into the overflow; or
3. In a microwave oven only when the food will be immediately transferred
to conventional cooking facilities as part of a continous cooking
process or when the entire, uninterrupted cooking process takes place
I in the microwave oven; or
l
4. As part of the conventional cooking process.
d. Poultry, poultry stuffing, stuffed meats and stuffings containing meat
~ shall be cooked to heat all parts of the food to at least 165° F (74° C)
with no interruption of the cooking process, Rare roast beef shall be
- 24 - 9/18
' cooked at an internal temperature greater than or equal to 130o F (54° C)
`.I for a period of time sufficient to destroy infectious and toxigenic
micgroorganisms and held at an internal temperature greater than or
equal to 130° F (54o C) until served.
e. Potentially hazardous foods that have been cooked and then refrigerated,
shall be reheated rapidly to 1650 F (74o C) or higher throughout before
being served warm or before being placed in a hot food storage facility.
Steam tables, bainmaries, warmers, and similar hot food holding facilities
are prohibited for the rapid reheating of potentially hazardous foods.
506.240. PREPARATION AND SERVICE. Food shall be prepared or processed with
the least possible manual contact and in such a manner as to prevent cross-
contamination of products. Suitable utensils or equipment shall be used which
prior to use have been cleaned, rinsed and sanitized to prevent cross-contamination.
Raw fruits and vegetables shall be thoroughly washed with potable water before
being cooked or served. Food once served to a consumer shall not be served again
except that packaged food toher than potentially hazardous food that is still
packaged and is in sound condition may be reserved. All persons shall handle
soiled equipment or utensils in a manner that minimizes contamination of their
hands. Mollusks and crustacea, if served in the shell, must be served in the
original shell. Re-use of such shells for food service is prohibited.
1. Condiment Dispensing
a. Condiments, seasonings, and dressing for self-serve use shall be provided
in individual packages, from dispensers, or from approved containers.
b. Condiments provided for table or counter service shall be individually
- portioned, except that catsup and other sauces may be served in the
original container or pour-type dispenser. Sugar for consumer use shall
be provided in individual packages or in pourtype dispensers.
2. Dispensing Utensils To avoid unnecessary manual contact with food, suitable
dispensing utensils or equipment shall be used by employees or provided to
' consumers who serve themselves. Between uses during service, dispensing
i
utensils shall be:
a. Stored in the food with the dispensing utensil handle extended out of
the food; or
b. Stored clean and dry; or
'f c. Stored in a running water dipper well.
3. Display Equipment, Food on display shall be protected from consumer
contamination by the use of packaging or by the use of easily cleanable counter,
serving line or salad bar food shields, display cases, or by other effectibe
means. Adequate and sufficient hot or cold food facilities shall be available
to maintain the required temperature of potentially hazardous food on display.
4. Re-use of Tableware. Re-use of soiled tableware by self-service consumers
~ returning to the service area for additional food is prohibited. Beverage
~ cups and glasses are exempt from this requirement.
I
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- 25 - ahn
i
j 5. Food Transportation. The requirements of temperature, storage, display, and
for the food protection against contamination as contained in this ordinance
shall apply in the transporting of food from a food establishment or other
location to another food establishment or other location for delivery,
service, or catering operations.
6. Storage.
a. Food, whether raw or prepared, if removed from the container or package
in which it was obtained, shall be stored in a clean covered container
except during necessary periods of preparation or service. Container
1 covers shall be imperious and nonabsorbent, except that clean linens
or napkins may be used for lining or covering bread or roll serving
containers. Solid cuts of meat shall be protected by being covered in
storage, except that sides, quarters or primal cuts of meat may be hung
uncovered on clean hooks if no food product is stroed beneath the meat.
_ b. Containers of food shall be stored a minimum of six inches above the floor
in a manner that protects the food from splash and other contamination,
and that permits easy cleaning of the storage area. Containers may be
-1 stored on dollies, racks or pallets, provided such equipment is easily
movable and constructed to allow for easy cleaning.
I
c. Food and containers of food shall not be stored under exposed or un-
protected sewer lines or similar sources of potential contamination.
The storage of food in toilet rooms or vestibules is prohibited.
d. Food not subject to further washing or cooking before serving shall be
stored in a way that protects it against cross-contamination from food
requiring washing or cooking. _
~ e. Packaged food shall not be stored in contact with water or undrained ice.
i
Wrapped sandwiches shall not be stored in direct contact with ice.
f. Bulk foods such as, but not limited to, cooking oil, legumes, tubers,
grains, syrup, salt, sugar or flour and related derivative products not
stored in the product container or package in which it was obtained, shall
j be stroed in a container identifying the food by common name.
1
7. Poisonous or Toxic Materials. There shall be present in food establishments
only those poisonous or toxic materials necessary for maintaining the
establishment, cleaning and sanitizing equipment and utensils, and control-
ling insects and rodents. Toxic materials shall be obtained, identified,
stored, and used only in such manner and under such conditions as will not
i contaminate food or constitute any other hazard to man. The Health Authority
shall have the right to designate the proper storage of taxic materials.
806.250. SANITARY FACILITIES AND CONTROLS. Adequate potable water for the
}J needs of the food establishment shall be provided.
I
1. Water Supplies. All water shall be drawn from the public community water supply
system when available. When the public community water supply system is not
available, a public non-community water supply located on the premises may be
used if the operation, location, and construction are in accordance with the
rules of the. Minnesota Department of Health pertaining to public water supply
and well water.
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2. Ice. All ice shall be manufactured only from potable water which has been
obtained from a safe water supply. Ice shall be handled and transported in
single-service containers, or in utensils which have been subject to
bactericidal treatment. Bucket, scoops, and ice containers, unless they are
single-service utensils, shall be made of a smooth, impervious material, and
designed to facilitate cleaning. They shall be clean at all times. Canvas
containers shall not be used. If ice-crushers are used, they shall be easily
cleanable. They shall be maintained in a clean condition and shall be subject
to bactericidal treatment and shall be covered when not in use. Ice for con-
sumer use shall be dispensed with scoops or todgs from a properly protected
~ storage device, or other ice-self dispensing utensils, through automatic single
service ice dispensing equipment, or be pre-packed and portion controlled.
806.260. DISEASE PREVENTION AND CONTROL. No person, while infected with a
' disease in a communicable form that can be transmitted by foods or who is a
carrier of organisms that cause such a disease or while afflicted with a boil, an
infected wound, or an acute respiratory infection, shall work in ,a food service
establishment in any capacity in which there is a likelihood of such person
~ contaminating food or food-contact surfaces with pathogenic organisms or transmitting
disease to other persons.
1. Procedure When Infection is Suspected. When the Health Authority has reason-
. able cause to suspect possibility of disease transmission from any food-service
establishment employee, the Health Authority shall secure an illness or morbidity
history of the suspected employee or make such other investigation as may be
indicated and take appropriate action. The Health Authority may require any
or all of the following measures:
a. The immediate exclusion of the employee from all food-service establishments.
b. The immediate closure of the food-service establishment concerned until,
in the opinion of the Health Authority, no further danger of disease
outbreak exists.
c. Restriction of the employee's services to an area of the establishment
where there would be no danger of transmitting disease.
i
d. Adequate medical and laboratory examinations of the employee, of other
employees and of his and their body discharges.
2. Cleanliness. All persons shall wear clean outer garments, maintain a high
degree of personal cleanliness, and conform to hygienic practices during all
periods of duty. Hair nets, head bands, caps, or other hair restraints shall
be used to keep hair from food utensils and equipment. All persons shall wash
their hands thoroughly in an approved handwashing facility before starting work,
and as often as may be necessary to remove soil and contamination. No persons
i shall resume work after visiting the toilet room without first washing their
hands.
' 3. Tobacco. The use of tobacco in any form by persons engaged in handling,
preparing, or serving food, or cleaning utensils and equipment in a food
establishment is prohibited at all times when such persons are on duty for
i such work provided that designated locations may be approved by the Health
~ Authority for smoking.
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~ - 27 - 9/18
_ _ _
4. Employee Dining Area. All persons shall cgnsume food only. in designated
dining areas. An employee dining area shall not be so designated if consuming
food there may result in contaminiation of other food, equipment, utensils,
or other items needing protection.
806.270. EQUIPMENT AND FACILITIES PROVIDED. Every food establishment shall
t have equipment, applicable to the operation therein conducted, which is so de-
signed, constructed, installed, located, and maintainee as to permit full compliance
with the provisions of this ordinance.
1. Sanitary Design, Construction and Installation of Equipment and Utensils. All
J new and replacement equipment and utensils shall be of such material, workman-
ship, and design as to be smooth; easily cleanable; resistant to wear, denting,
buckling, pitting, chipping, and crazing; and capable of withstanding scrubbing,
scouring, repeated corrosive action of cleaning compounds, and other normal
conditions and operation. Food contact surfaces shall be non-toxic. Food
contact surfaces which come in contact with food debris shall be readily
1 accessible for cleaning and inspection. All equipment installed or placed in
service after the passage of this Section shall comply with the following
standards of the National Sanitation Foundation when applicable:
I
Standard No. 1 - Soda Fountain and Luncheonette Equipment, November, 1977
Standard No. 2 - Food Service Equipment, November, 1977
~ Standard No. 3 - Spray Type Dishwashing Machines, November, 1977
Standard No. 4 - Commercial Cooking and Hot Food Storage Equipment
Aplil, 1973
Standard No. 5 - Commercial Hot Water Generating Equipment, May, 1972
Standard No. 6 - Dispensing Freezers, July, 1970
j Standard No. 7 - Food Service Refrigerators and Storage Freezers, March, 1973
Standard No. 8 - Commercial Powered Food Preparation Equipment, August, 1974
Standard Noo 12- Automatic Ice Making Equipment, November, 1977
Standard No. 13- Refuse Compactors and Compactor Systems, March 1973
Standard No. 18- Manual Food and Beverage Dispensing Equipment, November, 1977
Standard No. 20- Commercial Bulk Milk Dispensing Equipment and Appurtenances,
Septebmer, 1973
Standard No, 25- Vending Machines for Food and Beverages, May, 1976
Standard No. 29- lletergent and Chemical Feeders for Commercial Spray Type
Dishwashing Machines, February, 1975
Standard No. 35- Laminated Plastics for Surfacing Food Service Equipment,
July, 1970
Criteria C-2 - Special Equipment and/or Devices, July, 1972
i
j - 28 _ 9/18
2. Used equipment which has met or exceeded the requirements of the National
Sanitation Foundation under earlier standards may be installed when such
equipment is in good repair and does not constitute a health hazard as
determined by the Health Authority. Equipment in use at the time of
adoption of this regulation which does not meet fully the above requirements
may be continued in use only if it is in good repair, capable of being
maintained in a sanitary condition, has food-contact surfaces that are non-
toxic, and is approved by the Health Authority.
3. All equipment shall be installed and maintained as to facilitate the cleaning
thereof, and of all adjacent areas, and shall be kept in good repair.
4. All equipment shall be located and installed in such a manner as to ensure
j a flow pattern of food from the time of delivery through preparation and
- service which minimizes the potential for cross-contamination and improper
handling of the food. Lavatories, chef sinks, utility sinks, refrigeration
equipment, hot food handling equipment, preparation and processing tables
shall be provided and maintained and shall be convenient and adequate as
' approved by the Health Authority for the purpose for which they were
designed. Equipment shall not be located under exposed or unprotected
sewer lines, open stairwells, or other sources of contamination. This
requirement does not apply to automatic fire protection sprinkler heads that
may be required by law.
5. Aisles and working spaces between units of equipment and walls shall be
unobstructed and of sufficient width to permit employees to perform their
duties readily without contamination of food or food-contact surfaces by
clothing or personal contact. All easily movable storage equipment such as
pallets, racks and dollies shall be positioned to provide accessibility to
working areas.
~ 806.280. CLEANING, SANITIZATION, AND STORAGE OF EQUIPMENT AND UTENSILS.
All utensils and equipment shall be thoroughly cleaned, and food contact surfaces
of utensils and equipment shall be given sanitization treatment and shall be
stored in such a manner as to be protected from contamination.
1. Cleaning Frequency
a. Tableware shall be washed, rinsed, and sanitized after each use.
b. To prevent cross-contamination, kitchenware and food-contact surfaces
of equipment shall be washed, rinsed, and sanitized after each use and
following any interruption of operations during which time contamination
may have occurred.
c. Where equipment and utensils are used for the preparation of foods on a
continuous or production-line basis, utensils and food-contact surfaces
of equipment shall be washed, rinsed, and sanitized at intervals through-
out the day and on a schedule based on food .temperature, type of food,
and amount of food particle accumlation as approved by the Health Authority.
d. The food-contact surfaces of kettles, grills, griddles, and similar cooking
devices and the cavities and door seals of microwave ovens shall be cleaned
~ at least once a day; except that this shall not apply to hot oil cooking
equipment and hot oil filtering systems. The food-contact surfaces of
I all cooking equipment shall be kept free of encrusted grease deposits and
other accumulated soil.
~ - 29 - 9/18
i
_ e. Non-food-contact surfaces of equipment shall be cleaned as often as is
necessary to keep the equipment free of accumlation of dust, dirt, food
particles, and other debris,
2, Oven Utensils and Equipment. Utensils and equipment which routinely go into
ovens for baking purposes and which are used for no other purpose shall not be
j required to be given bactercidal treatment, provided, however, such utensils
and equipment are kept clean.
3. Wiping Cloths, Cloths used for wiping food spills on tableware, such as plated
or bowls being served to the consumer, shall be clean, dry and used for no
other purposes. Moist cloths used for wiping food spills on kitchenware and
food-contact surfaces of equipment shall be clean and rinsed frequently in an
approved sanitizing solution, These cloths shall be stored in sanitizing
solution between uses.
4. Mechanical Cleaning and Sanitizing.
a. Cleaning and sanitizing may be done by spray-type or immersion utensil
washing machines or by any other type of machine or device if it is
- demonstrated that it thoroughly cleans, sanitizes equipment and utensils,
and meets the requirements set forth in the National Sanitation Found-
9 anon Standard No, 3. These machines and devices shall be properly
installed, and maintained in good repair, Machines and devices shall be
j operated in accordance with manufacturers' instructions, and utensils and
equipment placed in the machine shall be exposed to all washing cycles.
Automatic detergent dispensers, wetting agent dispensers, and liquid
sanitizer injectors shall be properly installed and maintained.
b, Drainboards shall be provided and be of adequate size for the proper hand-
ling of soiled utensils prior to washing and of cleaned utensils following
sanitization and shall be so located and constructed as not to interfere
with the proper use of the dishwashing facilities. This does not preclude
the use of easily movable dish tables for the storage of soiled utensils
or the use of easily movable dish tables for the storage of cleansed
utensils following sanitization.
i
c. Equipment and utensils shall be flushed or scraped and, when necessary,
soaked to remove gross food particles and soil prior to being washed
in a dishwashing machine unless a prewash cycle is a part of the dish-
washing machine operation. Equipment and utensils shall be placed in
j racks, trays, or baskets, or on conveyors, and in a way that food-
contact surfaces are exposed to the unobstructed application of detergent
wash and clean rinse waters and that permits free draining.
! d. Machines (single-tank, stationary-rack, door-type machines and spray-type
glass washers) using chemicals .for sanitation may be used provided that:
~ 1, Wash water temperatures, addition of chemicals, rinse water temperatures,
and chemical sanitizers used are in conformance with Standard No. 29
of the National Sanitation Foundation, identified in Section 806.270.
2, A test kit or other device that accurately measures the parts per
~ million concentration of the sanitizing solution shall be available and
used, at least once daily while the chemical sanitizing machine is in use.
- ~n _ giiu
3. Containers for storing the sanitizing agent shall be installed in
li such a manner as to ensure the operators maintain an adequate supply
I of sanitizing compound.
e. Machines using hot water for sanitizing may be used provided that wash
water and pumped rinse water shall be kept clean and water shall be
maintained at not less than the temperature specified under the National
Sanitation Foundation Standard No. 3 under which the machine is evaluated
as required under Section 806.270 of this ordinance. A recirculating line
shall be provided between the hot water heater and the automatic dish-
washer if the Health Authority deems it necessary in order to maintain
required temperatures. A pressure gauge shall be installed with a valve
immediately adjacent to the supply side of the control valve in the final
rinse line provided that this requirement shall not pertain to a dish-
washing machine with a pumped final rinse.
f, All utensil washing machines shall be cleaned at least once per day or
more frequently if required.
5, Manual Cleaning and Sanitizing
! a. For manual washing, rinsing, and sanitizing of utensils and equipment, a
sink with not fewer than three compartments shall be provided and used.
Sink compartments shall be large enough to permit the accommodation of the
equipment and utensils, and each compartment of the sink shall be supplied
with hot and cold potable running water, Fixed equipment and utensils and
equipment too large to be cleaned in sink compartments shall be washed
manually or cleaned through pressure spray methods.
b. Intergral drain boards of adequate size shall be provided at each end for
proper handling of soiled utensils prior to washing and for cleaned utensils
following sanitizing and shall be located sous not to interfere with the
proper use of the utensil washing facilities.
c. Equipment and utensils shall be preflushed or prescraped and, when necessary,
presoaked to remove gross food particles and soil.
d. Except for fixed equipment and utensils too large to be cleaned in sink
_ compartments, manual washing, rinsing and sanitizing shall be conducted in
the following sequence:
1. Sinks shall be cleaned prior to use.
'i 2. Equipment and utensils shall be thoroughly washed in the first compart-
ment with a hot detergent solution that is kept clean.
`i
3. Equipment and utensils shall be rinsed free of detergent and abrasives
with clean water in the second compartment.
I 4. Equipment and utensils shall be sanitized in the third compartment in an
approved manner.
i
~ e, The food contact surfaces of all equipment and utensils shall be sanitized
by one of the following methods:
1. Immersion for at least one-half (1/2~ minute in clean, hot water at
a temperature of at least 170o F (77 C),
i
I - 31 - 9/18
i
2. Immersion for at least one minute in clean solution containing at least
50 parts per million but not more than 200 parts per million of avail-
able chlorine as a hypochlorite and at a temperature of at least ~
75° F (24° C),
~ 3. Immersion for at least one minute in a clean solution containing
r~ at least 12.5 parts per million but not more than 25 parts per
million of available iodine and havong a po not higher than 5.0
and at a temperature of at least 75 F (24 C).
4. Immersion in a clean solution containing any other chemical sanitizing
agent approved by the Health Authority that will provide at least the
equivalent bactericidal effect of a solution containing 50 parts
per million of available chlorine as a hypochlorite at a temperature
of at least 75° F (24° C) for one minute.
5. In the case of equipment too large to sanitize by immersion, rinsing,
spraying, or swabbing a chemical sanitizing solution shall be used
in a manner approved by the Health Authority.
a
f. When hot water is used for sanitizing, the following facilities shall be
provided and used:
1. An integral heating device or fixture installed in, on, or under the
~ sanitizing compartment of the sink capable of maintaining the water at
a temperature of at least 170° F (77° C), and
2. A numberically scaled indicating thermometer, accurate to + 3° F
j 2° C) convenient to the sink for frequent checks of water temperature,;,,
and
3. Dish baskets of such size and design to permit complete immersion of
i the tableware, kitchenware, and equipment in the hot water.
j g. When chemicals are used for sanitization, a test kit or other device
that accurately measures the parts per million concentration of the solution
shall be provided and used.
;i 6. Equipment and Utensils Storage. Cleaned and sanitized equipment and utensils
shall be handled in a way that protects them from contamination. Spoons, knives,
and forks shall be touched only by their handles. Cups, glasses, bowls, plates,
and similar items shall be handled without contact with inside surfaces or
surfaces that contact the user's mouth.
a. Utensils shall be air dried before being stored or shall be stored in a
self-draining position.
b. Clean and sanitized utensils and equipment shall be stored at least six
inches from the floor in a clean, dry location in a way that protects them
from contamination by splash, dust and other means. The food-contact
surfaces of fixed equipment shall also be protected from contamination.
Equipment .and utensils shall not be placed under exposed sewer lines.
- 32 - 9/18
c. Glasses and cups shall be stored inverted. Other stored utensils shall be
covered or inverted, wherever practical. Facilities for the storage of
~ knives, forks, and spoons, shall be designed and used to present the
handle to the employee or consumer.
7. Single-Service Articles, Single-service articles shall have been manufactured,
packaged, transported, stored, handled, and dispensed in a sanitary manner.
806.290. PLUMBING FACILITIES AND UTILITIES. Plumbing shall be so sized and
installed and maintained as to carry adequate quantities of water to required
locations throughout the establishment, prevent contaminiation of water supply
and convey sewage and liquid wastes adequately from the establishment to the sewage
system so that it does not constitute a source of contamination of food, utensils,
or equipment or create an unsanitary condition or nuisance. Food service equipment
~ such as refrigerators, ice makers, and steam tables shall not be directly connected
I to the sewer. All new plumbing and all plumbing reconstructed or replaced after
the effective date of this Section shall be designed, constructed and installed in
conformity with the Plumbing Code of the Minnesota Department of 'Health.
806.300. HANDWASHING FACILITIES. Every food establishment, other than itinerant
food establishments and food vehicles handling only pre-packaged food or which
transport meat in the manner provided by State law or regulation, shall be provided
with adequate, conveniently located, and approved handwashing facilities which
are continually maintained with hot and cold running water, hand cleansing compound,
fingernail brushes, and single-service towels or hand-drying devices. Handwashing
facilities shall be accessible to persons at all times in all areas where food
is prepared or served, utensils and equipment are cleansed or sanitized, in or
immediately adjacent to toilet rooms or other areas as may be designated by the
Health Authority. Sinks used for food preparation or for washing equipment or
utensils shall not be used for handwashing. Each handwashing sink-shall be pro-
vided with hot and cold water tempered by means of a mixing valve or combination
faucet. The maximum temperature of hot water shall not exceed 130° F from the
faucet. Any self-closing, slow-closing, or metering faucet used shall be designed
to provide a flow of water for at least 15 seconds without the need to reactivate
the faucet. Steam-mixing valves are prohibited.
'f 806.310. SEWAGE. All sewage, including liquid waste, shall be disposed of
by a public sewage or by an approved sewage disposal system. Non-water-carried
sewage disposal facilities are prohibited, except as permitted by the Health
Authority because of special situations.
1. Individual Sewage Disposal System, When an individual sewage disposal system
is required, it shall be designed, located, and constructed in compliance with
regulations of the Minnesota Pollution Control Agency, Food vehicles may
! dispose of their liquid waste into receptables carried on the vehicle for that
purpose. This waste ultimately shall be discharged into the public sewerage
system or otherwise disposed of in a manner which will not endanger any source
of water supply, pollute any body of surface water, create a nuisance, or
otherwise endanger the public health and safety.
~ 2. Toilet Facilities. Every food establishment with the exception of food vehicles
shall be provided with conveniently located and approved toilet facilities for
i 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
7
1
j - 33 - 9/18
j
cleanable receptacles shall be provided for waste materials, Separate employees
toilets shall be provided for each sex when five or more employees may be on
duty at any one time unless all employees are of the same sex-pursuant to
bonified occupation qualification exception. An adequate supply of toilet
tissue shall be provided and maintained at each toilet at all times.
806.320. GARBAGE AND REFUSE DISPOSAL. All garbage and refuse prior to disposal
shall be kept in tight non-absorbant, insect-proof, rodent-proof and fire-proof
containers. Containers shall be kept covered with close-fitting lids when filled,
in storage, or not in continous use. Containers need not be covered when stored
j in special insect and rodent-proofed room or enclosure. All other refuse shall be
{ stored in containers, rooms, or areas in an approved manner. The rooms, enclosures,
areas, and containers used shall be adequate for the storage of all garbage and
refuse accumlating on the premises between collection. Adequate cleaning facilities
1 shall be provided, and each container, room, or area shall be thoroughly
cleaned after the emptying or removal of garbage and refuse. Containers designed
~ with drains shall have drain plugs maintained in place at all times except during
~ cleaning, All garbage and refuse shall be disposed of with sufficient frequency
and in such a manner as to prevent nuisance.
,I
806.330. INSECT AND RODENT CONTROL.
1. Effective measures shall be taken to prevent the entrance, breeding, or
presence of rodents, flies, cockroaches, and other vermin or insects on the
premises. The premises shall be kept in such condition as to prevent
the harborage or feeding of insects or rodents.
2. Openings to the outside shall be effectively protected against the entrance of
rodents. Outside openings shall be protected against the entrance of insects
by tight-fitting, self-closing doors, closed windows, screening, controlled
'I air currents, or other means. Screen doors shall be self-closing and screens
for windows, doors, skylights, transoms, intake and exhaust air ducts, and other
openings to the outside shall be tight-fitting and free of breaks. Screening
? materials shall not be less than 16 mesh to the inch.
806.340. CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES.
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 refriger-
ation, kitchens, and bars shall be constructed of smooth, non-absorbent, easily
cleanable material which resist the wear and abuse to which they are subject,
such as ceramic tale, 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 shall not be permitted. These
requirements do not prevent the use of rugs and carpets in dining rooms and
hallways, provided that such floor coverings are kept clean, Abrasive strips
also may be used wherever deemed necessary to prevent accidents. Floor drains
shall be provided in all rooms where floors are subject to flooding-type
cleaning or where normal operations release or discharge water or other liquid
wastes on the floor. Such floors shall be graded to drain. The walking and
driving surfaces of all exterior areas where food is served shall be kept clean,
properly drained, and finished so as to facilitate maintenance and minimize
dust. Mats and duckboards shall be of non-absorbent, non-wood, grease resistant ,
~ - 34 - 9/18
_ _
materials to such size, design, and construction as to facilitate their being
l easily cleaned. buckboards shall not be used as storage racks.
2. Walls and Ceilings. 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,
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-absorvent 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 may be finished in a light color.
3. Utili~ Line and Pipes. All utility lines and pipes such as, but not limited
:~I~ to, electric, gas, water, sewage and similar waste lines or services shall be
installed in the walls, under floors, or above ceilings so as to not be
unnecessarily exposed in or on food equipment, walls, floors or ceilings.
Exposed utility service lines or pipes shall be installed in a manner that
does not obstruct or prevent the easy cleaning of food equipment, floors,
walls and ceiling surfaces and areas.
806.350. LIGHTING.
1. General. All areas in which food is prepared, processed, manufactured,
. packaged or stored; or where utensils and equipment are 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 twenty foot candles of light. At least ten foot candles of
light shall be provided on all other surfaces and equipment. In storage areas,
a minimum of five foot candles of light measured at 30 inches from the floor
shall be provided. Subdued lighting in dining rooms and public access areas
is permissible, provided that lighting meeting the above requirements shall be
available during all clean-up periods in dining rooms and access areas.
2. Protective Shielding
a. Shielding to protect against braken glass falling onto food shall be
provided for all artificial lighting fixtures located over, by, or within
food storage, preparation, service, and display facilities, and facilities
where utensils and equipment are cleaned and stored.
b. Infrared or other heat lamps shall be protected against breakage by a
shield surrounding and extending beyond the bulb, leaving only the face
of the bulb exposed.
806.360. VENTILATION. All rooms shall have sufficient makeup and exhaust
ventilation to keep them free of excessive heat, steam, condensation, vapors
obnoxious or disagreeable odors, smoke and fumes. All ventilation equipment and
facilities, gas or oil fired .room heaters and water heaters shall be designed,
installed and operated in accordance with the Minnesota State Building Code of the
~ Minnesota Department of Administration and the Uniform Fire Code of the Minnesota
Fire Marshal. Intake and exhaust air ducts shall be maintained to prevent the
~ entrance of dust, dirt, and other contaminating materials.
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806.370. PREMISES
1. Houskeeping. 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. Soiled linens, coats and aprons shall be kept in approved containers
'i until removed for laundering. Only articles necessary for the operation and
maintenance of the food service establishment shall be stored on the premises.
The traffic of unnecessary persons through the food-preparation and utensil-
washing areas is prohibited.
2. Janitorial Facilities. Janitorial facilities shall be provided including a
janitorial utility sink. Facilities and equipment shall be located and stored
in an approved manner in an area other than a food preparation or storage area
or toilet room. If adequate segregation, separation, or other protection has
been provided and approved by the Health Authority, such an area may be located
~ in a packaged goods storeroom or employee toilet room. The use of lavatories,
j _ utensil washing or equipment washing, or food preparation sinks for this purpose
is prohibited.
3. Living Areas. No operation of a food service establishment shall be conducted
in any room used as living or sleeping quarters. Food operations shall be
~ separated from any living or sleeping quarters by complete partitioning and
solid, self-closing doors,
4. Animals. Live animals, including birds and turtles, shall be excluded from
within the food service operation premises and from adjacent areas under the
I control of the permit holder. This exclusion does not apply to edible fish,
crustacea, mollusks, or to fish in aquariums, Patrol dogs accompanying
~ security or police officers, or guide dogs accompany blind persons or deaf
persons shall be permitted in dining areas.
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5. Dressing Rooms. If employees routinely change clothes within the establish-
ment, rooms or areas shall be designated and used for that purpose. Those
designated rooms or areas shall not be used for food preparation, storage,
or service, or for utensil washing or storage.
6. Locker Areas. Adequate lockers or other suitable facilities shall be provided
and used for the orderly storage and security of employee clothing and other
belongings. Lockers or other suitable facilities may be located only in the
' desi nated and a roved dressin rooms o f d stora e r
g pp g r in oo g ooms or areas
containing only completely packaged food or packaged single-service articles.
7. Laundry Facilities
a. Laundry facilities in a food establishment shall be restricted to the
washing and drying of linens, clothes, uniforms and aprons necessary to the
operation. If such items are laundered on the premises, an electric or
';III gas dryer shall be provided and used.
b, Separate rooms shall be provided for laundry facilities except that such
operations may be conducted in storage rooms if properly segregated from
food or packaged single-service articles.
8, Linen and Clothes Storage
a, Clean clothes and linens shall be stored in a clean place and protected
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from contamination until used.
b. Soiled clothes and linens shall be stored in non-absorbent containers or
i washable laundry bags until removed for laundering.
i 9. Cleaning Equipment Storage. Maintenance and cleaning tools such as brooms,
i mops, vacum cleaners and similar equipment shall be maintained and stored in a
way that does not contaminate food, utensils, equipment, or linens and shall
be stored in an orderly manner for the cleaning of that storage location.
They shall not be stored in food preparation, food service, or utensil
working areas.
806.380. ITINERANT FOOD ESTABLISHMENTS AND CATERING FOOD VEHICLES. Itinerant
food establishments and catering food vehicles shall comply with all applicable
~i provisions of this ordinance and shall be operated in an approved manner. The
Health Authority may waive specific requirements for physical facilities, when in
the opinion of the Health Authority suitable substitutes which are provided will
l not result in an imminent health hazard. The Health Authority may limit the sale
or giving away of some or all potentially hazardous foods. Before commencing
operations of any kind, the licensee hereunder shall notify the Health Authority
~ that such food establishment is ready for final inspection, and the Health Authority
shall immediately make an inspection and issue a report thereon, and no itinerant
food establishment or catering food vehicle shall commence operations until the
requirements of this ordinance have been met in accordance with the Health
Authority's final inspection reports.
'j 806.390. MISREPRESENTATION OF FOOD. It shall be unlawful for the licensee of
~ any food establishment to in any way misrepresent food or beverages offered to the
public. Practices which constitute misrepresentation shall include but are not
limited to the sale of adulterated food; subsitution of food items of lesser
' quality, or different from food items advertised; making statements giving in-
~ correct or deceptive points of origin; making misleading statements of size,
number, weight or price; and not meeting standards of identity defined by Federal
and State laws for certain foods.
806.400. MINNESOTA CLEAN INDOOR AIR ACT. The licensee of every food establish-
ment shall make adequate provisions to meet the requirements of the Minnesota Clean
Indoor Air Act and the Minnesota regulations pertaining thereto.
806.410. REVOCATION OF LICENSE. Any license issued under this Section may
be revoked in the manner provided in Section 806.080 of the City of Maplewood Code.
806.420. INTERFERENCE WITH, OR HINDRANCE OF HEALTH AUTHORITY. No person
shall interfere with, obstruct, or hinder any Health Authority in the performance
of their duties under this Section or the laws of the State of Minnesota, nor
prevent their performance thereof.
806.430. TEMPORARY SUSPENSION OF LICENSE. The Health Authority with the
approval of the City Manager shall immediately suspend the license of any food
~ establishment for the violation of any terms of this Section if such violations
constitute an imminent public health hazard. Upon notification by the Health
Authority of a temporary suspension of license by posting of this report at the time
~ of the inspection, the licensee shall forthwith cease operation. The licensee may
appeal the temporary suspension in writing to the City Council in the manner pro-
~ vided in Section 806.080 of the City of Maplewood Code. Upon notification in
writing by the licensee to the Health Authority that all violations have been
corrected, for which temporary suspension was invoked, the Health Authority shall
I
reinspect the food establishment within a reasonable length of time. If all
violations constituting the ground for the temporary suspension have been corrected,
the Health Authority shall forthwith terminate the suspension.
806.440. LAWS, RULES, AND REGULATIONS. This Section shall be construed to be
supplementary to all laws, rules and regulations of the Minnesota Department of
Health and Minnesota Department of Agriculture and is not intended and shall not
be construed to permit that which is prohibited or declared unlawful by any such
competent authority. All establishments shall in addition to this Section comply
with the applicable regulations of the Minnesota Department of Health and Minnesota
Department of Agriculture.
806.450. PENALTY, Any person convicted of violating the provisions of this
Ordinance will be guilty of a misdemeanor.
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~ Section 2. This ordinance shall take effect upon passage and publication
~ according to law.
Seconded by Councilman Nelson. Ayes - Councilperson Juker; Councilmen Anderson,
Bastian and Nelson.
~ Nays - Mayor Greavu.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
1. Tax Exempt Mortgage Revenue Note Financing
a. Manager Evans presented the staff report.
I
b. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Barrett moved the Planning Commission recommend to the City Council
approval of the proposed revenue Note criteria as outlined in staff's recommend-
ation dated September 4 and amended as follows:
b. New Business Criteria
1. Offers at least 400 man-hours per week of new employment on a year
round basis; or
2. The project involves the rehabilitation of a vacant or scheduled to
be vacated structure; or
3. The proposed location is within a designated development or redevelop-
ment target area; and
'I 4. Possesses a low ptoential for creating pollution,
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i Commissioner Kishel seconded. Ayes - all."
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Mayor Greavu moved to waive the Rules of Procedures and extend the agenda past the
11:30 P,M. deadline.
Seconded by Councilperson Juker. Ayes - all.
c. Mr. Richard Schreier, 2125 Desoto Street, questioned the Council regarding
the proposal.
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d. Councilman Anderson moved to adopt the Revenue Note Financing criteria as
follows:
~ -~I A. Definitions
l 1. Existing Business shall be defined as a presently operating industry or
commercial enterprise with at least one year of operational history within
the City
~ 2. New Business shall be defined as any industrial or commercial enterprise
which does not qualify as an existing business.
rl B. Project Eligibility Guidelines
1. The project shall be compatible with the overall development plans of the
City, including the Comprehensive Plan, Zoning, and Community Design Review
Board Standards
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2. The project shall not require a significant amount of public expenditures
for City improvements such as roads, sewers, and watermains
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3. The project shall involve an existing business that the City wishes to
expand or a new business which the City wishes to attract:
a. Existing Business Criteria
~ Any expansion, relocation, or rehabilitation of an existing business
I
b. New Business Criteria
1. Offers a significaht new employment, based upon the nature of the
use, on a year around basis; or
2. The project involves the rehabilitation of a vacant or scheduled
to be vacated structure; or
3. The proposed location is within a designated development or re-
~ development target area; and
4. Possesses a low potential for creating pollution.
4. The number of businesses of the same general nature in the area of the
proposed project shall be considered in determining the need for commercial
' revenue note financing.
5. The note shall be for an issue of no less than $300,000.
6. Total aggregate amount of notes outstanding shall not exceed SY of the
total assessed (taxable) valuation of the City.
7. Construction must begin within one year of preliminary approval.
~ C. Application Processing Guidelines
1. City financing of the project shall be limited to the issuance of a single
I , mortgage revenue note, to be marketed as a private placement.
j 2. Final approval shall not be granted by the City Council until the project
has received approval with respect to zoning, site design, building
design, or platting.
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3. The applicant shall sign a memorandum of agreement providing that they
will pay all costs involved in the legal and fiscal review of the proposed
project and all costs involved in the issuance of notes to finance the
project.
4. The City reserves the right to deny any application for financing at any
stage of the proceedings prior to adopting the resolution authorizing
~ issuance of the note.
9 The purpose of the above date is to evaluate your proposal under City laws and
policies. You may refuse to provide this data. Refusal, however, may jeopardize
approval of your application. The above information will be made public to all
who request it.
Seconded by Councilman Bastian. Ayes - Councilperson Juker, Councilmen Anderson,
and Nelson.
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Nays - Mayor Greavu and Councilman Bastian.
d. Councilman Nelson moved to place a limit of Industrial Revenue Notes at 5%
of the City's assessed valuation at the end of each fiscal year.
Seconded by Councilman Anderson. Ayes - Councilperson Juker, Councilmen
Anderson and Nelson.
Nays - Mayor Greavu and Councilman Bastian.
I Councilman Anderson moved to waive the Rules of Procedures to extend the meeting past
the 12:00 Midnight deadline.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilperson Juker, Council-
men Anderson and Nelson.
Nays - Councilman Bastian.
2. Plan Approval Appeal - McDonald's
i a. Manager Evans presented the staff report with the recommendation as follows:
a Amendment of condition no. 18 to read "The exit onto Century Avenue shall be
right turn only. The site plan shall be revised with curb cuts designed to pro-
hibit left turns from the Convenience Center site. The design shall be subject
to approval.
b. Mr. Clinton McLagen, attorney for McDonald's, spoke on behalf of the appeal.
c. Mr. R.C. Ernst, owner of the property, spoke on behalf of McDonald's.
1
~ d. The following persons expressed their concerns regarding the proposed develop-
. went:
Mr. Howard Hope, White Bear Lake, Mn.
Mr. Tony Duppong, 2705 E. Minnehaha Avenue
Mr. Jim Tuccitto, 2706 Margaret Street
Mr. Hank Tevlin, 653 No. Century Avenue
Mr. John Moritz, 2708 E. Minnehaha Avenue.
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- 40 - 9/18
I
e. Mayor Greavu moved to amend condition No. 18 to read: "The exit onto
Century Avenue shall be right turn only. The site plan shall be revised with
curb cuts designed to prohibit left turns from the Convenience Center site. The
~ design shall be subject to approval of the City Engineer.
i Seconded by Councilman Anderson. Ayes - all.
3. Fees For Electrical Inspector
~ a. Manager Evans presented the staff report.
b. Councilman Anderson moved to approve the Electrical Inspection fee schedule,
effective January 1, 1981, as presented.
Seconded by Councilman Bastian. Ayes - all.
4. Computerization of Police Record System
a. Manager Evans presented the staff report.
b. Councilman Bastian moved that Council re-indorse the concept of a computerized
police record and management system, authorize the expenditure of 1980 budgetary
funds in the amount of $4 910.00 to begin implementation and formalize the depart-
~ ment's present and continued participation in the P.O.S.S.E. system.
Seconded by Councilman Anderson. Ayes - all.
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~ 5. Firm for Annual Audit
i
a. Manager Evans presented the staff report.
i
b. Councilman Anderson moved to authorize staff to execute an agreement with
DeLaHunt, Voto and Company for the 1980 Audit.
Seconded by Councilman Nelson. Ayes - all.
i
6. Implementation of 911 Telephone Service
a. Director of Public Safety Richard Scahller presented the staff report.
b. Councilman Anderson moved that Council authorize the ordering of the equipment
for ANI and ALI capabilities for implementation of 911 Telephone Service.
i
Seconded by Councilman Nelson. Ayes - all.
7. Budget Transfer - State Street Construction Aid
a. Manager Evans presented the staff report.
g $671,350 from
~ b. Mayor Greavu moved that the Council authorize transfers totalin
Street Construction State Aid Fund to the Special Assessment Fund to finance the
following projects:
I
j i'-= $150,000 - Project No. 77-09
300,000 - Project No. 77-12
61,350 - Project No. 78-01
160,000 - Project No. 79-01
$671,350 - Total
i
Seconded by Councilman Anderson. Ayes - all.
K. COUNCIL PRESENTATIONS
1. Housing Code
a. Councilman Bastian moved First Reading of an ordinance pertaining to a housing
II code.
Seconded by Councilman Anderson. Ayes - all.
'I
2, Intenerent Salesperson
{ ~ a. Councilman Bastian questioned if the persons operating corner sales need a
license.
' b. Staff stated only food sales are licensed.
1
~ 3. Letter - Ramsey County
{
a, Mayor Greavu reported on a letter from Minnesota Department of Transportation
stating they realize there are problems with the intersection of Burns and
~ McKnight.
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i b. Council stated they are encouraged that Minnesota Department of Transportation
realizes the problems and hopes they will provide a solution.
4. Letter - Civil Defense Director
a. Mayor Greavu stated he would hold this item over.
5. Beam Avenue
a. Mayor Greavu questioned the progress on the sewer improvement of Beam Avenue,
west of Highway 61.
b. Staff stated they were acquiring right of way.
~ L. ADMINISTRATIVE PRESENTATIONS
1.Block Party - 1200 Block of Skillman
a. Manager Evans presented the staff report.
b. Mayor Greavu moved to approve the request to close off the 1200 Block of
Skillman for a block party subject to the standard conditions,
I
Seconded by Councilman Bastian. Ayes - all.
! c. Councilperson Juker moved that all future "block party" requests are to
handled administratively,
~ Seconded by Councilman Anderson. Ayes - all.
- 42 - 9/18
2, Reduction of Retainage on Maryland Avenue
a. Manager Evans presented the staff report.
I
b. Mayor Greavu introduced the following resolution and moved its adoption:
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80 - 9 - 185
WHEREAS, Minnesota State Statute 429.051, Sub, division 6, Local Improve-
ments, Special Assessments, provides that when the work on an improvement project
is 90 percent or more completed, and upon recommendation of the engineer, such
portions of the retained price shall be released as the governing body determines
~ are not required to be retained to protect the municipality's interest in
satisfactory completion of the contract; and
WHEREAS, it is apparent to the engineer that the contractor C.S. McCrossan,
Inc. has completed more than 90 percent of the work on Maplewood Improvement
i Project 77-12.
_ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
"i MINNESOTA that the retainage on Maplewood Improvement Project 77-12, held from
the contractor, C.S. McCrossan, Inc., be reduced to 5 percent.
Seconded by Councilman Nelson. Ayes - all.
M. ADJOURNMENT
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i 1:17 A.M.
-c.e..~
City Clerk
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~ - 43 - 9/18
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