HomeMy WebLinkAbout19610327_regular3/27/61
MINUTES OF THE REGULAR MEETING OF THE EDINA
VILLAGE COUNCIL, HELD MONDAY, MARCH 27, 1961
AT 7 :00 P.M. AT THE EDINA VILLAGE HALL
Members answering Rollcall were Beim, Dickson, Tupa and VanValkenburg. Mayor
Pro Tem Dickson presided in Mayor Bredesen's absence.
MINUTES of the Regular Meeting of March 13, 1961, were approved as submitted,
by motion Tupa, seconded by VanValkenburg and carried.
PUBLIC HEARINGS ON CALVIN KATTER REQUESTS FOR SPECIAL PERMIT FOR CONSTRUCTION OF
THREE DOUBLE DWELLINGS AT 5709, 5713 AND 5717 FRANCE AVENUE (LOTS 11,12,13,14,
BLOCK 4, BROOKLINE FIRST ADDN.): AND FOR SIDE -YARD VARIANCES FOR THE ABOVE THREE
DWELLINGS. Planning Director Hite presented a sketch showing the proposed location
of the three doubles for which permits are requested; it being proposed to locate
the northernmost dwelling 7.6 feet from the north lot line; the southernmost
building 7.6 feet from the.south lot line, with ten -foot side yards on the
interior of each of these lots, and two ten -foot side yards on the interior
lot. This is a variance from the zoning requirements, which requires ten -
foot side yards from the northern and southern lot lines of the two exterior
lots, 15 -foot side yards on the interior line of these two lots, and a fifteen -
foot side yard on the north line of the interior lot. Mr. Hite told Council
that these four lots have been a water sump for many years; that as a condition
of his replat into three lots Mr. Katter is being required to install a storm
sewer to drain a considerable area; that the Planning Commission has recommended
the Council's granting of both Mr. Ratter's requests. He told Council that both
5701 and 5725 France Avenue occupy two lots, which means that there is more
[� space between buildings than there ordinarily would be. Mr. L.B. Osbourne, 5701
France, contradicted Mr. Hite's statement concerning his property, telling
Council there are no buildings on his second lot; that he objects to both
requests. Mr. Farnsworth, 5700 Ewing Ave., objected to having three buildings;
said he understood there would be only two. Mr. Katter told Council he feels
that the neighbors would be happier with three $40,000 to $50,000 buildings than
with four $18,000 to $20,000 single dwellings; that he must carry the water load
for an entire section across his lots from Ewing to France Avenue, and cannot do
so if the property is left in four lots; that the storm sewer determines both
the type and level of the lots, and the type of buildings. Mr. Hite reported
he has one written objection; that of Mr. R. B. Scott, 5716 France Avenue. He
also told Council that one of the reasons for the Planning Commission's favorable
recommendation is that the property has been an unsightly hole for some years, a
hazard to neighborhood children. Mrs. D.'M. McNeil, 4001 Wood End Drive, and
Mr. Farnsworth, both told Council that they had no objection to the hole's
remaining, that in fact they rather enjoyed it, and preferred it to double
dwellings. Mr. Osbourne asked that Council insist on proper side yard setbacks.
Mayor Pro Tem Dickson suggested that the Hearing be continued to next regular
meeting, so that neighbors could meet with Mr. Katter and try to resolve their
difficulties. Beim so moved, motion seconded by Tupa and carried.
PUBLIC HEARINGS ON PROPOSED CONSTRUCTION OF SANITARY LATERAL SEWER IN CODE AVENUE
FROM W.60TH STREET TO 503.64 FT. NORTH: AND WATERMAIN EXTENSION IN CODE AVENUE
FROM W.60TH ST. TO BENTON AVE. Affidavit of Publication of "Notice of Hearing ",
in Edina - Morningside Courier on March 16 and 23, 1961, was presented, approved as
to form and ordered placed on file, as was affidavit of Mailing to affected
property owners. Pursuant to said Notice, Public Hearings were conducted, and
action taken as follows: Manager Hyde read the costs of the proposed
improvements, as follows:
SANITARY SEWER - Total Estimated Cost, $5,141.38; Cost per Lot, $1,285.35.
WATERMAIN - Total Estimated Cost, $6,326.32; Cost per Lot, $1,581.58
He told Council, first, that these are extraordinarily high costs, because only
one side of the street can be assessed; then explained that these Hearings had
been initiated on the Council's own motion because the Village is anxious to get
Code Avenue surfaced to save high maintenance costs, and does not want to surface
until underground utilities are in. Manager Hyde recommended to Council that, in
the interests of getting the street surfaced and thus effecting continuous high
maintenance costs savings, the Council order in the improvements on the basis of
an assessment for one -half the sewer and water - -which would bring the costs to
property owners to about the average cost of such improvements elsewhere in the
village. Mr. Glenn Carlson, 5908 Code, told Council he cannot see how the Code
Avenue residents can justifiably be assessed an amount in excess of what owners
in the area pay for the same services; that the property across Code Avenue was
platted after the property now under consideration for assessment, to face cross -
streets, rather than Code; that it is no fault of his and his neighbors that this
abutting property cannot be assessedt... Mayor Pro Tem Dickson, stating that the
Council feels this to be an unusual and different situation which does not follow
.the Council's precedent on previous assessment charges, and that it is unfair to
these property owners to charge double because of a situation which is no fault
f
'S 3/27/61
of their own, asked Council to approve the two projects under discussion and
authorize the Village's paying one -half the cost thereof. Beim offered the
following Resolution and moved its adoption:
RESOLUTION ORDERING IMPROVEMENTS:
SANITARY SEWER IMPROVEMENT NO. 176
AND WATERMAIN IMPROVEMENT NO. 153
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council
heretofore caused notices of hearings to be duly published on the following proposed
improvements:
1. CONSTRUCTION OF SANITARY LATERAL SEWER AND APPURTENANCES
in Code Avenue from W.60th St. to 503.64 Ft. North
2. CONSTRUCTION'OF VILLAGE WATERMAIN EXTENSION AND APPURTENANCES
in Code Avenue from W.60th St. to Benton Avenue
.and at the hearings held at the time and place specified in said notice the Council
has duly considered the views of all persons interested, and being fully advised of
the pertinent facts does hereby determine to proceed with the construction of said
improvements; that said improvements are hereby designated and shall be referred
to in all subsequent proceedings as SANITARY SEWER IMPROVEMENT NO. 176 and WATERMAIN
IMPROVEMENT NO. 153, respectively.
BE IT FURTHER RESOLVED that it is hereby determined that one -half the cost of said
improvements shall be borne by the General Fund of the Village; and that the area
proposed to be assessed for the remaining one -half the cost of each of said
improvements shall consist of Lots 8, 9, 10 and 11, Block 1, Code's Highview Park.
Motion for adoption of the Resolution was seconded by Tupa, aLiRol ll there
were fo ur ayes and no nays, as follows: Beim, aye; Tupa, ayeurg, aye;
and Dickson, aye;.and the Resolution was adopted.
AT T:
may r Pro Val
Village Clerk
PUBLIC HEARING ON PROPOSED CONSTRUCTION OF CONCRETE CURB AND GUTTER IN VIRGINIA
LANE FROM CONCORD AVENUE TO VIRGINIA AVENUE. Affidavit of Publication of "Notice
of Hearing" in Edina- Morningside Courier March 16 and 23, 1961, was presented,
approved and ordered placed on file; and, pursuant to said Notice, Public Hearing
was conducted on thez.above- entitled project. Clerk also presented Affidavit of
Mailing of Notice. Vu -Graph Slide was shown, and Manager Hyde read Engineer's
Estimate of Cost at a Total of $2,840.14, for $4.29 per Assessable Foot. Mr.
Peterson, 4700 Virginia Lane, inquired as_to why curb is desired if provision
hasn't been made to handle drainage. He was informed that a storm sewer has been
approved, which will take this water. There were no objections from the floor, and
none had been received prior to the Hearing. Tupa offered the following Resolution
and moved its adoption:
RESOLUTION ORDERING IMPROVEMENT
STREET IMPROVEMENT NO. B -69
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be duly published on the following proposed
improvement:
CONSTRUCTION OF CONCRETE CURB AND GUTTER in Virginia Lane from.Concord.Avenue
to Virginia Avenue,
and at the hearing held at the time and place specified in said notice the Council
has duly considered the views of all persons interested, and being fully advised
of the pertinent facts does hereby determine to proceed with the construction of
said improvement; that said improvement is hereby designated and shall be referred
to in all subsequent proceedings as STREET IMPROVEMENT NO. B -69; and the area to
be specially assessed therefor shall be as followw: Lots 5,6,7 and 8, Block 3,
and Lots 1,2,3 and 4, Block 4, Virginia Avenue Addition.
Motion for adoption of Resolution was seconded by VanValkenburg, and on Rollcall
there were four ayes and no nays, as follows: Beim, aye; Tupa, a e; ViiValkenburg,
aye; and Dickson, aye; and the Resolution was adopt,
A STz
✓'r/ ayor Pro Tem
Village Clerk `
PUBLIC BEARINGS ON PROPOSED PERMANENT STREET SURFACING AND CURBING IN 'CERTAIN'NAMED
NAMED STREETS. The following Public Hearings were held pursuant to "Notice of
Hearings" published in the Edina- Morningside Courier March 16 and 23, 1961, Affi-
davit of Publication for which was presented by Clerk, approved as to form, and
ordered placed on file. Notice of Hearing had also been mailed to affected property
owners. Manager Hyde explained that the streets for which improvement is proposed
this evening will be taken on an "individual basds" as to cost, and also on an
5/27/61
'urea basisil; that estimated costs have been prepared on two types of permanent q
surfacing -- bituminous surface and concrete curb, and concrete paving with
integral curb. He reported that some of these proposed improvements had been
approved by the Council in 1960, for bituminous surface and concrete curb, but
that bids had been rejected because they were so much higher than estimated.
Vu -Graph Slides were shown, setting forth the Estimated Cost for each proposed
type of permanent surfacing, by individual street, and by area, the streets
being divided into three areas, For the purpose of these Minutes, only "area
estimates" will be given, inasmuch as tabulation of estimated costs.had been
furnished property owners by letter, and copies of said tabulations are on file
with the Village Clerk. Public Hearings were conducted as follows, with
recommendations and objections invited from those interested.
1. "AREA A" - Consisting of the following streets;
Claremore Drive from Wooddale Ave. to Oaklawn Ave.;
West Shore Drive from Dunham Drive to Hibiscus Ave.;
Dunham Drive from Wooddale Ave. to West Shore Drive;
Kellogg Ave. from Claremore Drive to Andover Road; and Andover Road from
Wooddale Ave. to Kellogg Ave.
Wooddale Ave. from Dunham Drive (W) to Gilford Drive;
Ellsworth Drive from Wooddale Ave. to Oaklawn Ave.;
*Fondell Drive from Wooddale Ave. to Oaklawn Ave.;
*-Gilford Drive from West Shore Drive to Oaklawn Ave.; and Kellogg Ave.
from Gilford Drive to S. line of South Garden Estates 4th Addn.
* Oaklawn Ave. from Claremore Drive to the S. line of South Garden Estates 4th Addn.
ESTIMATED COST - Bituminous Surface and Concrete Curb - $103,687.76, for
U0
$8.48 per Assessable Foot; Concrete Paving and Integral Curb - $168,053.94, for
aC�
$8.17 per Assessable Foot. It was explained that the streets asterisked above
are not recommended for bituminous surface treatment at this time because there
is no building on them; that concrete paving can be installed, now, without
damage by construction trucks, and that the addition of this assessable footage
in the area brings the "assessable foot" cost down for the paving.
Mr. R. C. Pontious, 4441 Claremore Drive, expressed himself as "being all
for concrete ".
Mr. Harold Franzen, who told Council he has a corner lot, with a total
of 250 assessable feet, asked for "corner -lot relief" on assessments; and Mr. E.
C. Stow, telling Council that some lots in this area have large front footages
and small back yards, while others have just the opposite, because of the street
curves, asked for "curved -lot adjustment ".. Manager Hyde explained that the
Village has maintained the policy of assessing above - ground improvements on an
"assessable- foot" basis, with corner and curved lots assessed for their full
footages (except in the case of Brookview Heights where property owners agreed
to a different type assessment); that a recent survey shows this practice is
in effect in most municipalities.
Mr. Kenneth Hirschey, 6804 Southdale Road, asked if the assessable cost given
for concrete paving and integral curb is the full cost. He was informed by Manager
Hyde that the Notice of Hearing sent to affected property owners explains that
because of the maintenance - saving to be effected by installation of concrete the
Village will assume 10% of the total cost- -that it is only the assessable cost
given tonight. Stating that he does not live in the area immediately affected,
Mr. Hirschey stated that as an Edina taxpayer he objects to the Village's
assuming ten percent of the cost of concrete.
Mr. E. C. Stow, owner of two lots at the corner of West Shore Drive and
Hibiscus Avenue, asked that a storm sewer be installed in West Shore Drive before
it is surfaced.. He was informed by Engineer Zikan that the Adolph Meyer Storm
Sewer plan makes no provision for a storm sewer in West Shore Drive. Mr. Stow
told Council there is a quarter -mile of West Shore Drive which has no provision
for storm drainage; that the two drains on Hibiscus cannot take the water; that
surfacing will increase rate of flow, and it will be foolish to surface the street
and then have to dig up the surfacing for storm drains; that he does not object to
the surfacing if the drainage problem is solved.
'Messrs. John Olson, 7221 West Shore Drive and Edward Delaney, 7228 West
Shore Drive, both told Council they want West Shore Drive surfaced. Mr. 0lson
asked if the surfacing will take the run -off to which Mr. Stow objected. Mr.
Zikan told him that Consulting Engineer Adolph Meyer considered this sufficient.
One gentleman inquired as to whether the Village will assume its share of
the street which abuts the park,'and was answered affirmatively.
Mr. Gilliland, 4445 Andover Road, inquired as to what provision had been
made for drainage at the corner of Wooddale and Andover. He explained that
Wooddale is surfaced, and that Andover west of Wooddale is also surfaced; that
after heavy rains the water backs up for several lots. He also asked concerning
back -yard drainage, saying he believes curb will trap back -yard water. Public
Works Director Gans assured Mr. Gilliland that drainage problems would be
solved before surfacing work was done; that a gap could be left in the curb if
necessary, for back -yard drainage.
There were no other objections from the floor, and none had been received
prior to the Hearing.
Beim then moved for approval by the Council of the taking of bids May 22,
on Permanent Surfacing and Curb for "Area A", subject to Engineer's re -check of
drainage problems on West Shore Drive and at Andover Road and Wooddale. Motion
seconded by Tupa and unanimously carried.
3,13/61
Manager Hyde then recommended that Council order in the improvement, and continue the
Public Hearing to Monday, May 22,.for determination of the type of permanent surface
to be constructed, inasmuch as bids will have been opened by that date. Beim then
offered the following Resolution and moved its adoption:
RESOLUTION ORDERING STREET IMPROVEMENT
PERMANENT SURFACE AND CURBING, "AREA A!%
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council
herefore caused notices of hearings to be duly published on the following proposed
improvements:
CONSTRUCTION OF PERMANENT SURFACING AND CURBING IN THE FOLLOWING STREETS:
1. Claremore Drive from Wooddale Ave. to Oaklawn Ave.
2. West Shore Drive from Dunham Drive to Hibiscus Ave.
3. Dunham Drive from Wooddale Ave. to West Shore Drive.
4. Kellogg Ave. from Claremore Drive to Andover Road; and
Andover Rd. from Wooddale Ave. to Kellogg Ave.
5. Wooddale Ave. from Dunham Dr. to Gilford Dr.
6. Ellsworth Dr. from Wooddale Ave. to Oaklawn Ave.
7. Fondell Dr. from Wooddale Ave. to Oaklawn Ave.
8. Gilford Dr. from West Shore Dr. to Oaklawn Ave.; and
Kellogg Ave:: from Gilford Dr. to S. line of South Garden Estates 4th Addn.
9. Oaklawn Ave. from Claremore Dr. to the S. line of South Garden Estates
4th Addn.
and at the hearings held at the time and place specified in said notices, the Council
has duly considered the views of all persons interested, and being fully advised of
the pertinent facts does hereby determine to combine said improvements into one
Permanent Surfacing and Curbing Improvement, which for the purpose of this Resolution
shall be known as Permanent Surfacing and Curbing Improvement for Area A; and further,
does hereby determine to proceed with the construction of said improvement; and the
area to be specially assessed therefor shall include all lots and tracts of land
abutting all streets in said Area A proposed to be improved.
BE IT FURTHER RESOLVED that the Public Hearing on said PERMANENT SURFACING AND
CURBING IMPROVEMENT FOR AREA A be, and hereby is, continued to May 22, 1961 at
7:00 P.M., for determination as to the type of permanent surfacing to be constructed
in this improvement.
Motion for adoption of the Resolution was seconded by Tupa, and o Rol -call there
were four ayes and no nays, as follows Beim, aye; Tupa, aye; V Val ereburg, aye;
and ickson, aye; and the Resolution was adopted. n
ST:
Mayor 'Pro Tem
Village Clerk
2. "AREA B AND B SUPPLEMENT" - Consisting of the following streets:
AREA B - Concord Ave. from W.64th St. to W.62nd St.;
W. 63rd St. from Concord Ave, to Ashcroft Ave.;
Ashcroft Ave. from W.64th St. to W. line Miller's Addn.;
St.Johns Ave. from W.64th St. to Valley View Road;
and
AREA B SUPPLEMENT - Concord Ave. from Valley View Road to W.62nd St.
ESTIMATED COST - Bituminous Surface and Concrete Curb - $85,803.90, or $9.10
per Assessable Foot. Concrete Paving and Integral Curb, $91,979.12, or $9.75 per
Assessable Foot. Mr. Hyde told audience that these two areas had been divided
for purpose of Public Hearing, because "Area B" had already had a public hearing
on Bituminous Surface and Concrete Curb; while "Area B Supplement" is the result
of a petition received later and has had no hearing. Mr. Mahaney, at the Northwest
corner of 63rd St. and Ashcroft Lane, inquired as to whether surfacing is not
premature, considering plans for the new freeway. He was informed that plans for
the freeway are definite; and Mr. Zikan added that if curb and surfacing are in
on the approach roads the County will surface its service roads. Someone asked
concerning the timing of the approved storm sewer project with the proposed
surfacing project. Mr. Zikan replied that plans are completed but that easements
for storage need to be obtained; that catch basins and whatever underground work
is necessary in the streets can be installed before time for surfacing. An
inquiry was made as to the disposition of W.63rd Street, east of Virginia Avenue,
and whether this street should be included in this proposed improvement. Manager
Hyde replied that the Village has no plans for including it in this petition
project because there is no petition for it. Mr. Robert Boll, sponsor of the
petition for Area B, explained that there had been some talk of vacating the street
because nobody faces it and because of the proximity of the crosstown highway
service drive; that this was why it had not been included in petition. It was
pointed out that the surfacing of Concord will not be satisfactory at the corner
of W.63rd St. if wash from W.63rd St. keeps covering it. Mr. Rastofer4 whose
corner lot abuts St.Johns and Garrison Lane, inquired as to whether the Village
expects to take the surfacing and curb east from St.Johns on Garrison Lane for
one lot, and stop it there. He was informed that this is the intent, and objected,
During discussion on costs, it had been pointed out that if bids are taken on
"Area A and Area B and B Supplement" together, the costs can probably be reduced
to all concerned; and Mr. Boll asked that in taking bids, joint bids of the
two areas be asked. Mr. Boll was told this would be done.
Tupa then offered the following Resolution and moved its adoption:
3/27/61
stating'he feels that Garrison Lane should either be included in the project ,5
from St.dohns Avenue to Wooddale Avenue, or that there should be no surfacing
at all in Garrison Lane.
PUBLIC HEARINGS CALLED ON PERMANENT SURFACING AND CURBING IN STREETS \
CONTIGUOUS TO "AREA B ". In line with questions raised concerning street
work to be done in streets contiguous to Area B, Tupa moved that the Village
Council initiate Public Hearings on its own motion for the Permanent Surfacing
and Curbing of the following streets:
1. Garrison Lane from St.Johns Avenue to Wooddale Avenue.
2. Wooddale Avenue from Garrison Lane to Valley View Road.
3. West 63rd Street from Concord Avenue to Virginia Avenue
such Public Hearings to be held in time for inclusion of this work in bids
for improvement for Area B if approved. Motion seconded by VanValkenburg
and carried, unanimously.
Mr. Mahaney objected to corner -lot and "double" assessment for improvements
in Area B. He explained that some non -corner lots in this area front one street,
back up to another; that they will be assessed for both streets.
VACATION OF VIRGINIA LANE BETWEEN ASHCROFT AVENUE AND CONCORD AVENUE
DENIED: IMPROVEMENT PROPOSAL TENTATIVELY APPROVED. Relative to the.-proposed
surfacing of Concord Avenue from W.62nd Street to Valley View Road (Area
B Supplement), Mr. Earl Glomsrud, 4704 Virginia Lane, asked Council if it
was yet prepared to discuss the petition for the Vacation of Virginia Lane
between Ashcroft Avenue and Concord Avenue, filed with the Council in 1960.
Manager Hyde deferred to Capt. George Gans, Director-of Public Works, for an
explanation of Village's problem, here, first stating that it is not recommended
that the street be vacated. By means of a Vu -Graph Slide showing the route of
storm water, Capt. Gans told Council that, whether or not the Vacation Petition
(
is honored, the Village is still faced with the problem of routing storm water
from the corner of Virginia Lane and Concord Avenue, through Virginia Lane
to Ashcroft Avenue; that this can be accomplished by any one of three ways:
Alternate 1. By not vacating Virginia Lane, and by constructing therein
a 12 -foot concrete valley drain, at an estimated cost of $2,724.57; all of
which cost should be assessed against the Storm Sewer District for Storm
Sewer Improvement No. 51 (Lateral 10 of Main 1).
Alternate 2. By not vacating Virginia Lane, and by constructing therein'
concrete curb and gutter, and a 20 -foot bituminous surface, for a two -lane but
"no parking" public street. This construction-would-be at a•total estimated
cost of $3,273.23, of which the cost of the.minimum recommended structure
(Alternate 1) should be assessed against Storm Sewer Improvement No. 51 district,
and the balance of $548.66 assessed against the abutting property owners.
Alternate 3. By vacating the street (Virginia Lane), in accordance with
petition, retaining an easement.for construction of an underground storm sewer
in Virginia Lane from Concord Avenue to Ashcroft Avenue, and thence in Ashcroft
Lane from Virginia Lane to Valley View Road, at a cost of $8,051.40; $2,724.57
of which (minimum structure) should be assessed against Storm Sewer Improvement
No. 51 district, and the balance against the properties abutting Virginia Lane,
being $5,326.83.
Mr. C. H. Jackson, 6141 Concord Avenue, a sponsor of the vacation petition,
told Council that he has no objection at all to Alternate 1; also, that he has
no objection to paying his share of'the $548 proposed to be assessed in
Alternate 2; that he believes there are some advantages to Alternate 2.
Mr. R. N. Gustafson, 6108 Ashcroft Avenue, another petitioner for vacation,
explained he feels the same way,Mr. Jackson does, although he feels that blacktop
may not last two long.
Trustee Beim told group they would probably have some trouble with accumulated
debris if Alternate 1 is constructed.
Village Attorney HAb selqui'stinformed the Council that a Public Hearing on any
proposed improvement of Virginia Lane must be formally conducted before an
improvement can be contracted; and Tupa's motion, that the Council tentatively
approve Alternate No. 2 for Virginia Lane, subject to a Public Hearing to be
called thereon at the Council's own motion, in time for inclusion with bids
for street improvements in Area B if approved, was seconded by Beim and
unanimously carried.
Tupa then moved for approval of the taking,of bids May 22, on Permanent
Surfacing and Curb for "Area B and B Supplement ". Motion was seconded by
VanValkenburg and unanimously carried.
During discussion on costs, it had been pointed out that if bids are taken on
"Area A and Area B and B Supplement" together, the costs can probably be reduced
to all concerned; and Mr. Boll asked that in taking bids, joint bids of the
two areas be asked. Mr. Boll was told this would be done.
Tupa then offered the following Resolution and moved its adoption:
V27/61
RESOLUTION ORDERING STREET IMPROVEMENT
PERMANENT SURFACE AND CURBING
"AREA B AND B SUPPLEMENT"
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council
heretofore caused notices of hearings to be duly published on the following proposed
improvements:
CONSTRUCTION OF PERMANENT SURFACING AND CURBING IN THE FOLLOWING STREETS:
1. Concord Ave. from W.64th St. to W.62nd St.;
W.63rd St. from Concord Ave. to Ashcroft Ave.;
Ashcroft Ave. from W.64th St. to W. line Miller's Addn.;
St.Johns Ave. from W.64th St. to Valley View Rd.
2. Concord Ave. from Valley View Rd. to W.62nd St.
and at the hearings held at the time and place specified in Paid notices, the Council
has duly considered the views of all persons interested, and being fully advised of
the pertinent facts does hereby determine to combine said proposed improvements
into one Permanent Surfacing and Curbing Improvement, which for the purpose of
this Resolution shall be known as Permanent Surfacing and Curbing Improvement
for Area B and B Supplement; and further, does hereby determine to proceed with
the construction of said improvement; and the area to be specially assessed
therefor shall include all lots and tracts of'land abutting all streets in said
Area 'B and "B Supplement proposed to be improved.
BE IT FURTHER RESOLVED that the Public Hearing on said PERMANENT SURFACING AND
CURBING IMPROVEMENT FOR AREA BAND B SUPPLEMENT be, and hereby is, continued to
May 22, 1961, at 7:00 P.M., for determination as to the type of permanent
surfacing to be constructed in this improvement.
Motion for adoption of the Resolution was seconded by VanValkenburg, end on Rollcall
there were four ayes and no nays, as follows: Beim, aye; Tupa /aye; anValkenburg,
aye; and Dickson, aye; and the Resolution was adopted
A ST: f
. r
Ma or Pro Tem
illage Clerk
3. "AREA C" - Consisting of the following streets:
Porter Lane from W.60th St. to Code Ave.;
Hansen Rd. from W.60th St. to W.61st St.;
Tingdale Ave. from W.60th St. to Valley View Rd.; and Clover Ridge from Tingdale
Ave. to Valley View Rd.
W.60th St. from Code Ave. to Tingdale Ave.
W.60th St. from Tingdale Ave. to Hwy. #100
W.60th St. from Porter Lane to Code Ave.
W.60th St. from Porter Dane to Hansen Rd.
Code Ave. from W.60th St. to Benton Ave.
Bernard Place from W.60th St. to Grove St.
Dale Ave. from Grove St. to W.57th St.; and Grove St. from 163 Ft. East of
Centerline of Dale Ave to Hansen Rd.
ESTIMATED COST - Bituminous Surface and Concrete Curb - $117,177.40, or
$7.29 per Assessable Foot. Concrete Paving and Integral Curb, $136,.046.59, or
$8.47 per Assessable Foot,
Messrs. E. J. Tvetene, -5213 W.60th St., and E. 0. Hartwick, 6000 Code Avenue,
both asked that arrangements be made to carry off storm water. Mr. Tvetene stated
he feels that a storm drain is definitely needed. Mr. Glenn Carlson, 5908 Code
Avenue, objected to the statement by one of these gentlemen concerning water
coming from Code Avenue, stating that it travels over a considerable area.
Mr. J. W. Tindall, 5320 W.60th St., told Council he.is afraid water will be
directed into his driveway if the street is crowned.:..He asked that survey be
made so that he may be protected.
Clerk presented substantial opposing petition by the property owners abutting
W.60th St. from Tingdale Avenue to Highway No. 100. Petition listed as one reason
for objection the lack of definite information on plans for Highway No. 100 grade
at this crossing. Mr. Hyde told Council that the Village does not know what the
final plans will be; that it may be five years before the highway is improved;
that, should the grade be changed the State will do the changing as part of its
project. Mr. G. H. Mellema, 5004 W.60th St., representing the petitioners, told
Council petitioners feel the present road (oiled last year) to be very adequate,
and that they are opposed to the cost of this proposed improvements. Mrs. Mel
Sagar, owner of the two lots on W.60th St. abutting Highway No. 100, asked that
the proposed surfacing go East only so far as the West lot lines of these two
lots. She was told that in the opinion of the Council this would be impractical
from a maintenance standpoint. Mrs. A.C. Primeau, 5321 W.60th St., objected
because of cost to corner -lot owners. There were no other objections from the
floor, and none had been received prior to the Hearing.
Tupa moved that "Area C" be approved for the taking of bids May 22, on
Permanent Surfacing and Curb. Motion seconded by Beim and carried.
Motion for adoption of the Resolution was seconded by Beim, and on Rollcall
there were four ayes and no nays, as follows: Beim, aye; Tupa, ay
VanValkenburg, aye; and Dickson, aye; and the Resolution wo adopod.
Lil"
Village Clerk
kLLS HEARING 0_N_ ITS
FOR SEVERAL STREETS CONTIGUOUS TO "AREA C". During discussion on the above
improvement, it was noted that several streets Contiguous to those streets
ordered to be improved do not have permanent surfacing and curb.
VanValkenburg's motion, that Council call Public Hearing on its own motion,
on Permanent Surfacing and Curbing for the following streets, was seconded
by Tupa and carried. Motion included instruction that said Hearing be
called in time for inclusion of said work in May 22 bids for "Area C"
improvement, if approved.
W.59th St., Code Ave. to Tingdale Ave.
Tingdale Ave., W.60th St. to Benton Ave.
W.58th St., Code Ave. to Tingdale Ave.
Code Ave., Benton Ave. to Grove St.
Grove St., Melody Lane to Bernard Place
Dale Ave., Benton Ave, to Grove St.
Rollcall vote was taken on this motion, being Beim, aye; Tupa, aye; VanValken-
burg, aye; and Dickson, aye; and motion was unanimously carried.
At the conclusion of the Public Hearings on Permanent Surfacing and Curbing,
Mr. Charles Herbison, 6232 Idylwood Lane, and Mr. Kenneth Hirschey,6804
Southdale Road, both protested, as taxpayers, against the Village's paying
ten percent of the cost of Concrete Paving and Integral Curb. Mr. Herbison
told Council he feels property owners should be given the opportunity to
chose the type of surfacing they prefer- -but that if they choose the more
expensive of the two they should be required to pay the full cost thereof.
Council explained once again, that this payment is in lieu of maintenance
costs. Manager Hyde told objectors that the only way the Village can
keep its mill levy low is to eliminate expensive maintenance items; that the
Village now has two trucks patching asphalt surfacing continuously.
PUBLIC HEALTH NURSING REPORT FOR FEBRUARY, 1961, was submitted, reviewed,
and ordered placed on file.
V27/61
Tupa then offered the following Resolution and moved its adoption;
RESOLUTION ORDERING STREET IMPROVEMENT
PERMANENT SURFACE AND CURBING FOR "AREA C"
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notices of hearings to be duly published on the
following proposed improvements:
CONSTRUCTION OF PERMANENT SURFACING AND CURBING IN THE FOLLOWING STREETS:
1. Porter Lane from W.60th St: to Code Ave.
2. Hansen Rd. from W.60th St. to W.61st St.
3. Tingdale Ave, from W.60th St. to Valley View Rd., and Clover Ridge
from Tingdale Ave. to Valley View Rd.
4. W.60th St. from Code Ave, to Tingdale Ave.
5. W.60th St. from Tingdale Ave, to FIwy. #100.
6. W.60th St. from Porter Lane to Code Ave.
7. W.60th St. from Porter Lane to Hansen Rd.
8. Code Ave. from W.60th St. to Benton Ave.
9. Bernard Place from W.60th St. to Grove St.
10. Dale Ave. from Grove St. to W.57th St., and Grove St. from 163 Ft.
East of Centerline of Dale Ave. to Hansen Rd.
and at the hearings held at the time and place specified in said notices, the
Council has duly considered the views of all persons interested, and being
fully advised of the pertinent facts does hereby determine to combine said
proposed improvements into one Permanent Surfacing and Curbing Improvement,
which for the purpose of this Resolution shall be known as Permanent
Surfacing and Curbing Improvement for Area C; and further, does hereby
determine to proceed with the construction of said improvement; and the
area to be specially assessed therefor shall include all lots and tracts of
land abutting all streets in said Area C proposed to be improved.
BE IT FURTHER RESOLVED that the Public Hearing on said PERMANENT SURFACING
AND CURBING IMPROVEMENT FOR AREA C be, and hereby is, continued to May 22,
1961, at 7 :00 P.M., for determination as to the type of permanent surfacing
to be constructed in this improvement.
Motion for adoption of the Resolution was seconded by Beim, and on Rollcall
there were four ayes and no nays, as follows: Beim, aye; Tupa, ay
VanValkenburg, aye; and Dickson, aye; and the Resolution wo adopod.
Lil"
Village Clerk
kLLS HEARING 0_N_ ITS
FOR SEVERAL STREETS CONTIGUOUS TO "AREA C". During discussion on the above
improvement, it was noted that several streets Contiguous to those streets
ordered to be improved do not have permanent surfacing and curb.
VanValkenburg's motion, that Council call Public Hearing on its own motion,
on Permanent Surfacing and Curbing for the following streets, was seconded
by Tupa and carried. Motion included instruction that said Hearing be
called in time for inclusion of said work in May 22 bids for "Area C"
improvement, if approved.
W.59th St., Code Ave. to Tingdale Ave.
Tingdale Ave., W.60th St. to Benton Ave.
W.58th St., Code Ave. to Tingdale Ave.
Code Ave., Benton Ave. to Grove St.
Grove St., Melody Lane to Bernard Place
Dale Ave., Benton Ave, to Grove St.
Rollcall vote was taken on this motion, being Beim, aye; Tupa, aye; VanValken-
burg, aye; and Dickson, aye; and motion was unanimously carried.
At the conclusion of the Public Hearings on Permanent Surfacing and Curbing,
Mr. Charles Herbison, 6232 Idylwood Lane, and Mr. Kenneth Hirschey,6804
Southdale Road, both protested, as taxpayers, against the Village's paying
ten percent of the cost of Concrete Paving and Integral Curb. Mr. Herbison
told Council he feels property owners should be given the opportunity to
chose the type of surfacing they prefer- -but that if they choose the more
expensive of the two they should be required to pay the full cost thereof.
Council explained once again, that this payment is in lieu of maintenance
costs. Manager Hyde told objectors that the only way the Village can
keep its mill levy low is to eliminate expensive maintenance items; that the
Village now has two trucks patching asphalt surfacing continuously.
PUBLIC HEALTH NURSING REPORT FOR FEBRUARY, 1961, was submitted, reviewed,
and ordered placed on file.
8 3I27161
IMPR VEMENT PETITIONS ACCEPTED. The following Improvement Petitions were submitted,
and, by motion Tupa, seconded by VanValkenburg and.carried, were accepted and referred
to the Village Engineer for programming:
OILING - John Street from Maloney Avenue north to Turn- around.
OILING - Leslee Lane from Dead -End to Jeffrey Lane.
OILING - Benton Ave., Code Ave. to Tingdale Ave.
GRADING AND GRAVELING - Heritage Drive.
PUBLIC HEARINGS TO BE CALLED. ON COUNCILS OWN MOTION, FOR ALLEY_STORM.SEWERS.
Mr. Sidney Reed asked Council for relief from drainage problem in the alley between
Xerxes and York Avenues and between W.56th and W.57th Sts. Manager Hyde explained
that some work had been done in this alley some years ago, in accordance with the
instructions of the property owners; that this work has not solved the drainage
problem. He stated that a bad drainage situation also exists in the alley between
Beard and Chowen Avenues and W.58th and W.59th Sts., recommending that Council
initiate proceedings on its own motion, for storm sewers for both alleys.
BanValkenburg's motion, that Council call Public Hearings on its own motion, for
proposed Storm Sewer Improvements in the following alleys:
Alley between Xerxes and York Avenues and between W.57th and W.56th Sts.
Alley between Beard and Chowen Avenues and between W.58th and W.59th Sts.
was seconded by Beim and unanimously carried.
VILLAGE ORDINANCES ADOPTED. The following Village Ordinances, which had received
their first reading on March 13, were presented for their secoud.reading and
Council action:
ORDINANCE NO. 20 -; ORDINANCE NO. 148A - and ORDINANCE NO. 151A.
Tupa offered the following Ordinance, moving its adoption:
ORDINANCE NO. 20
AN ORDINANCE PRESCRIBING A GENERAL LICENSING PROCEDURE
FOR TRADES, OCCUPATIONS AND BUSINESS, INCLUDING
MACHINES AND VEHICLES, PROVIDING FOR RENEWAL, SUSPENSION
AND REVOCATION OF LICENSES AND PRESCRIBING PENALTIES.
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS:
Section 1. Applicability of this Ordinance. The procedures, regulations,
conditions, requirements and penalties set forth in the ordinance shall be applicable
to any particular license issued by the Village, or to issuing, renewing, suspending
or revoking the same, or to the duties and obligations of persons holding the same,
only to the extent that they are specifically made applicable by the ordinance
requiring the license.
Section 2. Application Form. Application for licenses or renewals of
licenses shall be submitted to the Village Clerk on forms to be obtained from the
Village Clerk. On such form, the applicant shall state his name and business
address and such other information as is required to be furnished by ordinance.
The applicant shall sign and swear to the truth of all statements made in the
application, or, in case of a corporation or association, a majority of the board
of directors or other governing body shall so sign and swear.
Section 3. License Fee, Etc.- With the application there shall also be
submitted the following:
(a) The license fee, in cash or by check payable to the order of the Village
Treasurer, in the amount required by ordinance.
(b) A surety bond, if one is required, in the amount and conditioned as
required by ordinance. The surety shall in all cases be a corporation authorized
to do so and holding the certificate of the Commissioner of Insurance of the State
of Minnesota showing that it is authorized to'contract as such. The effective
period of such bond shall expire not sooner than the period of the license applied
for.
(c) A policy of insurance, if one is required by ordinance, in an amount and
for a period not less than the period of the license applied for.
(d) Any other documents required to be filed by ordinance.
. Section 4. Approval or Denial. Licenses and renewals thereof shall be
granted or denied by the Village Manager or by his deputy, unless otherwise pro-
vided by ordinance. Issuance of alicense, or renewal of a license, may be denied
for any of the following reasons:
(a) Failure to complete the application, or to file the required license
fee, bond, or insurance policy;
(b) Misstatements in the application;
(c) Failure to comply with special conditions required by ordinance for
issuance of license; or
(d) Repeated violation of licensing ordinances by applicant, or suspension
or revocation of licenses held by applicant, in the Village of Edina or elsewhere.
8/21/61
Section 5. Denial., Notice to Applicant. If the Manager or his 9
deputy denies the application for license or renewal, he shall furnish
written notice to the applicant of such denial,together with the reason
or reasons for denial. Such notice shall also inform the applicant that
he may
(a) ask the Village Clerk to return to him any license fee he has
paid, or any surety bond or insurance policy he has filed,
(b) submit a new application, or
(c) appeal from the denial of his application to the Village Council.
Section 6. Appeal to Council. The applicant may appeal from
such denial of a license or renewal of a license by filing a written appeal
to the Village Council in the office of the Village Clerk, and such appeal
shall be heard by the Council within 30 days after it was filed.
Section 7. Occupational License: Posting,_ A license for the
carrying on of a trade, occupation or business shall be issued by the
Village Clerk, shall be serially numbered, and shall state the name and
business address of the licensee, the nature of the trade, occupation or
business licensed thereby, the street address of the premises where such
trade, occupation or business shall be conducted, and the expiration date
of the license, which shall be the lst of April next following unless
otherwise provided by ordinance. The license shall be posted on the
licensed premises so that it can be read by members of the public.
Section 8. Machine or Vehicle License. A license for a machine
or vehicle shall state the name and address of the holder of the license,
shall describe the machine, including its serial number, and shall state
the street address of the premises where it is licensed to be kept, or, if
CIO
a vehicle, the street address where it is usually parked or garaged, and
t�
the expiration date of the license, which shall be the 1st of April next
following, unless otherwise provided by ordinance. For each machine or
vehicle licensed, the licensee sha11 be furnished with a paper, cardboard
or metal tag, which shall be fastened to the machine or vehicle licensed
thereby so as to be easily and immediately discernible. The tag shall
state the name of the licensee, the serial number of the license and the
expiration date thereof.
Section 9. Impounding Machines. Any machine or vehicle required
to be licensed found in the Village without a tag thereon may be summarily
impounded by the Village police officers. A notice of such impounding shall
be published in the official newspaper within 20 days after the machine or
vehicle has been taken up, and, in the case of a machine, shall be mailed
to the owner or occupant of the premises in, on, or next to which it was
found. Such notice shall set forth a description of the machine or vehicle
and the street address of the premises where or near which it was found.
The notice shall also state that the machine or vehicle may be sold or
destroyed by the Village unless the person claiming ownership shall within
20 days after publication of the notice present satisfactory evidence of
ownership to the Chief of Police, and pay a fine of $25, and a reasonable
charge for hauling and storage of the machine or vehicle:
Section 10. Liability of Licensee for Employees' Conduct. The
conduct of the agents and employees of a person to whom any license has
been issued shall be deemed the conduct of such person himself.
Section 11. Liability of Property Owner. No person shall permit
any real property owned, leased or controlled by him to be used for the
conduct of a trade, occupation or business required to be licensed or for
the maintenance thereon of any machine required to be licensed, without
such license having been obtained.
Section 12. Revocation for False Statement. If any applicant for
license or renewal thereof has knowingly made any false statement in the
application for license, his license may be revoked.
Section 13. Licenses Non - Transferable. Unless otherwise provided
by the ordinance requiring a license, a license is non - transferable, and the
license shall not be entitled to a refund of any license fee upon voluntarily
ceasing to carry on the activity licensed, or upon removing the machine
licensed, or upon ceasing to operate the vehicle licensed.
Section 14. Enforcement: Suspensions Revocation. If any licensee
violates or is in default of complying with any.condition, requirement, duty
or rule of conduct imposed upon him as the holder of a license by any ordi-
nance, the Village Manager or his deputy may proceed as follows:
(a) He may notify the licensee in writing that he is in violation of one
or more stated provisions of this ordinance or of any other ordinance of the
Village applicable to the occupation, machine or vehicle licensed, and that
unless the violation is removed within a specified period, not less than
three days, his license will be suspended. At the end of such period, if the
violation has not been removed, the Manager or his deputy shall temporarily
suspend the license.
10.1
S127161
(b) He may, when any violation is a substantial threat to the public peace,
health, safety and welfare, or when any violation is not removed within the time
allowed under subparagraph (a) above, summarily suspend the license.
(c) When the Manager or his deputy has suspended a license, he shall make
a written report of the facts and action taken, and submit it to the Council at
their next regular meeting. He shall inform the licensee of the date, time and
place of such meeting not less than three days in advance thereof, and of proposed
action to be taken on the license at the meeting. The temporary or summary sus-
pension of license by the Manager or his deputy shall continue until such meeting
of the Council, unless the suspension is sooner removed by the Manager or his
deputy. The licensee or his attorney shall have the opportunity to be heard at
such meeting, whereupon the council may order the suspension continued or
removed on such terms as it may see fit and proper, or may revoke the license.
If the same license has been suspended or remoked by the Council within the
previous 6 months, it shall be revoked.
(d) He may, without suspending the license, notify the licensee in writing
of any supposed violation, or of any supposed false statement knowingly made in
the application for license, and request an explanation. If no satisfactory
explanation is submitted, he shall proceed as under subparagraph (c) above, by
making a report and submitting it to the Council at their next regular meeting,
and by informing the licensee in advance of the date, time, place and purpose of
the meeting. The licensee or his attorney shall have the opportunity to be
heard at such meeting, whereupon the Council may order the suspension of the
license on such terms as it may see fit, or may revoke the license.
, (e) Whenever a machine or vehicle license is ordered suspended or revoked
by the Council, or by the Manager or his deputy, other licenses for similar
machines or vehicles held by the same licensee may also be ordered suspended or
revoked.
(f) With or without acting to suspend or revoke a license, the Council or
the Village Manager or his deputy may submit the violation to the Village Attorney
for prosecution as for a misdemeanor.
Section 15. Enforeement by Health Officer. With regard to any violations
of ordinances which it is his duty to enforce, the Village Health Officer or his
deputy shall also have all the powers and duties of the Village Manager as set
forth in Section 14 above. He shall also have the power to post signs of warning
to the public on any premises where he finds conditions or practices which are a
substantial danger to the public health and safety.
Section 16. Interference with Posted Licenses or Signs. No person shall
post a license upon premises other than those for which it was issued, or destroy,
move or deface any license or sign posted under this ordinance.
Section 17. Operation without License_._ No person shall carry on a
trade, occupation or business, or maintain or operate a vehicle in the Village
for which a license is required by ordinance, without having obtained such license.
Section 18. Suspension or Revocation of License, Effect of. Whenever a
license has been suspended, it is void until the suspension has been removed here-
under. Thereupon, the license shall again become effective. Whenever a license
has been revoked, it is void, but a new license may be issued subject to any appli-
cable limitations contained in this and other ordinances.
Section 19. Penalty. A violation of any provision of this ordinance
is a misdemeanor. Regardless of suspension or revocation of any license, any
person convicted of violating any provision of this ordinance shall be subject to
a penalty of a fine of not exceeding $100.00 or imprisonment in the Village or
County jail for a period of not exceeding 90 days, with costs of prosecution in
case of either fine or imprisonment.
Motion for adoption of Ordinance on its second reading was seconded by Beim, and
on Rollcall there were four ayes and no nays, as follows: B,4m, V.e; Tupa, aye;
VanValkenburg, aye; and Dickson, aye; and the Or,4nance was flop ed.
i Mayor Pro Tem
Village Clerk
Trustee Tupa then offered for its second reading the following Ordinance, moving
its adoption:
ORDINANCE NO. 148A
AN ORDINANCE DEFINING DANGEROUS AND SUBSTANDARD
BUILDINGS AND PROVIDING FOR THEIR VACATION,
REPAIR, REMOVAL OR DEMOLITION: REPEALING
ORDINANCE NO. 148
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
1
f
1
3%27/61
Section 1. Dangerous, Etc., Buildings a Nuisance. Any structure or
building, or portion thereof, including any dwelling unit, guest room or suite of
rooms, or the premises on which the same is located, in which there exists any of
the conditions listed in Section 2 hereof to an extent that endangers the life,
limb, health, property, safety or welfare of the public or the occupants thereof
is a dangerous or substandard building, and is hereby declared to be a public
nuisance.
Section 2. Conditions Rendering Building Dangerous or Substandard.
(a) Structural Hazards.
(1) Any stress in any material, element, member or portion thereof, due to
all dead and live loads, which is greater than the working stresses deemed
reasonable and safe by the Building Official.
(a) Damage to any portion of a building by earthquake, wind, fire, flood, or
by any other cause, in such a manner that the structural stability or strength
thereof is appreciably less than the minimum requirements set forth in existing
ordinances for a new building or structure of similar size, construction,location
and purpose.
(3) Likelihood of any portion or member or appurtenance of a building to
fall, or become dislodged or detached, or to collapse, and thereby cause bodily
injury or property damage.
(4) Settling of any building or portion thereof to such an extent that walls
or other structural portions have been displaced or distorted and rendered structur-
ally unstable or dangerous, or that the basec function of such element has been
impaired.
(5) The building or structure, or any portion thereof, because of dilapi-
dation, deterioration, decay, faulty construction, or because of the removal or
movement of some portion of the ground necessary for the purpose of supporting
such building or structure or portion thereof, or other cause, is likely to
partially or completely collapse, or some portion of the foundation or under-
pinning is likely to fall or give way.
(6) The building or structure, or any portion thereof, is for any reason
whatsoever manifestly unsafe for the purpose for which it is used or intended to
be used.
(7) The exterior walls or other vertical structural members list, lean, or
buckle to such an extent that a plumb line passing through the center of gravity
of that wall or structural member does not fall inside the middle third of the base.
(8) The building or structure, exclusive of the foundation, shows 33 per cent
or more of damage or deterioration to the member or members, or 50 per cent of
damage or deterioration of a non - supporting enclosing or outside wall or covering.
(9) The building or structure has been so damaged by fire, wind earthquake
or flood, or has become so dilapidated or deteriorated, from any cause whatsoever,
as to become an attractive nuisance to children who might play therein to their
danger, or as to afford a harbor for vagrants, criminals, or immoral persons, or
as to enable persons to resort thereto for the purpose of committing nuisances
or unlawful or immoral acts.
(10) Any building or structure which has been constructed or now exists or is
maintained in violation of any specific requirement or prohibition, applicable to
such building or structure, of the building ordinances of the village or of any law
or ordinance of this State or Village relating to the location, use and physical
condition of buildings or structures.
(11) Any building or structure which, whether or not erected in accordance with
all applicable laws and ordinances, because of dilapidation, deterioration,damage,or
other cause is so weakened or defective-as to have in any non - supporting part,member
or portion less than 50 per cent, or in any supporting member less than 66 per cent,
of the strength, fire - resisting qualities or characteristics or weather - resisting
qualities or characteristics required by law, or ordinance in the case of a newly
constructed building or structure of similar size, purpose and location.
(b) Hazardous Wiring. All wiring except that which conformed with all
applicable laws in effect at the time of installation and which has been maintained
in good condition and is being used in a safe manner.
(c) Hazardous Plumbing. All plumbing except that which conformed with
all applicable laws in effect at the time of installation and which has been main-
tained in good condition and which is.free of cross - connections and siphonage
between fixtures.
(d) Hazardous Mechanical Equipment. All mechanical equipment,including
vents, except that which conformed with all applicable laws in effect at the time
of installation and which has been maintained in good and safe condition.
(e) Faulty Weather Protection.
(1) Deteriorated, crumbling or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior walls, roof,
foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings,
including lack of paint, or weathering due to lack of paint or other approved
protective-covering.
(4) Broken, rotted, split, or buckled exterior walls or roof coverings.
12 f
V27/61
(f) Inadequate Fire Protection. All buildings or portions thereof which
are not provided with the fire- resistive construction required by Ordinance No. 51A
except those buildings or portions thereof which conformed with all applicable laws
at the time of their construction and whose fire - resistive integrity has been
adequately maintained or improved.
Section 3. Inspection. Whenever it shall come to the attention of the
Building Official, by written complaint of any person or agency, or otherwise, that
a building or structure is a dangerous or substandard building, the Building Official
shall, in the course of his duties, cause a preliminary examination to be made of the
building or structure and premises. If it then appears that the building or structure
is a dangerous or substandard building, he shall then cause a detailed inspection of
the building or structure to be made. In the execution of the inspection he shall
avail himself of the services of the Village Health Officer or his Deputy, and of
the Fire Department, insofar as the inspection concerns itself with those depart-
ments. Upon the completion of the inspection, the Building Official shall make a
written report, supplemented by written reports from the other agencies called upon
by him in the execution of the inspection. The Building Official shall then submit
the reports, together with his recommendations, augmented by the recommendations of
the other agencies involved in the inspection, to the Council.
Section 4. Council to Call Hearing. The Council shall examine the report
of the Building Official, and if there is probable cause to believe that the building
or structure is a dangerous or substandard building, shall have the matter set for
hearing.
Section 5. Notice of Hearing. Notice of the hearing shall be given in a
form prescribed by the Council. It shall set forth the street address and legal
description sufficient for identification of the premises upon which the building
or structure is located. It shall contain a brief statement of the conditions
mentioned in the report of the Building Official which show probable cause to
believe that the building or structure is a nuisance within the meaning bf this
ordinance. It shall also state the date, hour and place of the hearing and shall
order all interested parties who desire to be heard in the matter to appear before
the Council to show cause why the building or structure should not be ordered
repaired, vacated and repaired, removed, or demolished.
Section 6. Service of Notice.
(a) One copy of the notice shall be served upon the person, if any, in
real or apparent charge and control of the premises involved; the record owner, the
holder of any mortgate, trust, deed or other lien or encumbrance of record; the owner
or holder of any lease of record; and the record holder of any other estate or
interest in or to the building or structure or land upon which it is located.
(b) One copy of the notice shall be posted in a conspicuous place upon
the building or structure or premises involved.
(c) The notice of hearing shall be posted and served at least 10 days
prior to the date set for the hearing.
(d) The notice of hearing shall be served upon all persons entitled
thereto either personally or by registered mail. Service by registered mail shall
be effective on the date of mailing if a copy of such notice is so mailed, postage
prepaid, return receipt requested, to each such person at the address of such
person as it appears on the last equalized assessment roll of the County or as
known to the Village Clerk. If no such address so appears or is known to the
Village Clerk, then a copy of the notice shall be addressed to such person at the
address of the building or structure involved in the proceedings. The failure of
any owner or other person to receive such notice shall not affect in any manner
the vailidity of any of the proceedings taken hereunder.
(e) The officer or employee upon serving the notice as provided herein
shall file an affidavit thereof with the Village Clerk certifying to the time and
manner in which such notice was served. He shall also file therewith any receipt
which may have been returned to him in acknowledgment of the receipt of such
notice by registered mail.
Section 7. Hearing.
(a) The Council shall, at such hearing, hear and consider any evidence
offered by the person or persons having any estate or interest in such building or
structure pertaining to the matter set forth in the report of the Building Official.
(b) The Council, upon conclusion of the hearing, shall make written
findings of fact as to whether or not the building or structure in question is a
dangerous or substandard building within the terms of this ordinance.
Section 8. Standards for Repair, Vacation and Repair, Removal or
Demolition. The following standards shall be followed in substance and spirit by
ordering the repair, vacation and repair, removal or demolition of any building or
structure. Any order to remove or demolish, rendered pursuant to this ordinance,
shall not indicate an alternative permission to repair; however, an order to repair
may be satisfied by removal or demolition.
(a) If the dangerous or substandard building can reasonably and
economically be repaired so that it will no longer exist in violation of the
terms of this ordinance, it shall be ordered repaired.
Motion for adoption of Ordinance on its second reading was secondq by Beim, and
on Rollcall there were four ayes and no nays, as follows: eim, e; Tupa, aye;
VanValkenburg, aye; and Dickson, aye; and the Oridin ance w s ado ed.
ATTE SjT :
Village Clerk
3/27/61 13
(b) If the dangerous or substandard building is in such condition as
to make it dangerous to the health, morals, safety, or general welfare of its
occupants, it shall be ordered to be vacated.
(c) In any case where a dangerous building is 50 per cent or more
damaged,decayed,or deteriorated,it shall be ordered to be removed or demolished.
(d) In all cases where a dangerous or substandard building cannot be
repaired, with reasonable economy, so that it will no longer exist in violation
of the terms of this ordinance, it shall be ordered to be vacated and removed or
demolished.
(d) In all cases where a dangerous or substandard building is a fire
hazard, existing or erected in violation of the terms of this ordinance or any
other ordinance of this Village, or statute of the State of Minnesota, it shall be
ordered to be removed or demolished.
Section 9. Order to Repair, Vacate and Repair, Remove or Demolish.
(a) If, from a full and fair consideration of the evidence and testimony
received at the hearing, the Council shall determine that the building or structure
involved is a dangerous or substandard building within the terms of this ordinance,
then it shall issue an order:
(1) That the building or structure must be repaired, or vacated and repaired,
or removed and demolished.
(2) That the occupant, lessee, or other person in possession must vacate said
building, or that he may remain in possession while repairs are being made.
00
(3) That any mortgage, beneficiary under deed of trust, or any other person
having an interest or estate in said building may, at his own risk, repair,vacate
and repair, remove or demolish said building or structure according to existing
law and ordinance..
(b) The order shall set forth the street address of the building or
structure and a legal description of the premises sufficient for identification.
It shall contain a statement of the particulars which render the building or
structure a dangerous or substandard building, and a statement of the things
required to be done. The order shall state the time within which the work
required must be commenced, such time being not earlier than 10 days and later
than 30 days after the issuance of the order, and such order shall further specify
a reasonable time within which the work shall be completed. The time for comple-
tion may, by action of the Council, be extended for just causes and such authority
for extended time shall be given in writing by the Council upon written applica-
tion of any interested party or parties.
Section 10. Order to be Served. Copies of the order to repair, or
vacate and repair, or remove or demolish shall be served upon the individuals
and in the manner as prescribed above in Section 6. A copy of the order shall
also be posted in a conspicuous place upon the building or structure as prescribed
in said section.
Section 11. Violation and Penalties for Disregarding Order.
(a) The owner or other person having charge and control of the building
or structure cited in the order who shall fail to comply with any order to repair,
or vacate and repair, or remove or demolish said building or structure shall be
guilty of a misdemeanor, and subject to a fine of.not to exceed $100, or imprison-
ment for a period not to exceed 90.days, with costs of prosecution in either case
to be added. Each week of non - compliance shall constitute a separate offense.
(b) The occupant or lessee in possession who fails to comply with any
order to vacate said building or structure in accordance with any order given as
provided for in this ordinance shall be guilty of a misdemeanor, and subject to
the same penalty. Each week of non - compliance shall constitute a separate offense.
(c) Any person who removes or defaces or destroys any notice or order
posted as required in this ordinance shall be guilty of a misdemeanor, and subject
to the same penalty.
Section 12. Separability of Provisions of this Ordinance. The Council
hereby declares that it would have adopted each separate provision of this
ordinance, regardless of the adoption of any other provision, and if any remedy
provided for in this ordinance be held unavailable or limited in effect, such,
limitation shall not affect the application of any other provision of this
ordinance.
Section 13. Ordinance No. 148 of the Village is hereby repealed, but
such repeal shall have no effect on any proceedings taken thereunder by the Village
and now pending, but such proceedings may be continued under said ordinance.
Section 14. This ordinance shallbe in force and effect from the date
of its passage and publication according to law.
Motion for adoption of Ordinance on its second reading was secondq by Beim, and
on Rollcall there were four ayes and no nays, as follows: eim, e; Tupa, aye;
VanValkenburg, aye; and Dickson, aye; and the Oridin ance w s ado ed.
ATTE SjT :
Village Clerk
14
3127/61
And then Tupa offered for its second reading Ordinance No. 151A - -AN OnINANCE
REGULATING AND LICENSING FOOD ESTABLISHMENTS AND FOOD VENDING MACHINES AND
PROVIDING PENALTY FOR VIOLATIONS THEREOF, copy of which Ordinance is inserted
between Pages 14 and 15 of this Minute Book and made a part of the Minutes of
this Meeting; and Beim seconded Tupa's motion for adoption of Ordinance on
its second reading. On Rollcall Vote on the question of adop,�ion Qf Ordinance
there were four ayes and no nays, as follows: Beim, aye; a, a e; VanVAlken-
burg, aye; and Dickson, aye; and the Ordinance was adopted.
AT ST:
ayor Pro Tem.
'Village Clerk
PUBLIC HEARINGS CALLED ON SANITARY SEWER AND WATERMAIN IMPROVEMENTS. Preliminary
Plans and Estimates of Cost were presented on two small, petitioned, improvements
in Wooddale Avenue, and Beim offered the following Resolution and moved its
adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARINGS
PROPOSED SANITARY SEWER AND WATERMAIN
IMPROVEMENTS
BE IT RESOLVED by the Council of the Village of Edina:
1. The Village Engineer, having submitted to the Council a preliminary
report as to the feasibility of the proposed Sanitary Sewer and Watermain
Improvements described in the Form of Notice of Hearings set forth below, and
as to the estimated cost of such improvement, said report is hereby approved
and directed to be placed on file in the office of the Village Clerk.
2. This Council shall meet on Monday, April 10, 1961, at 7:00 P.M., in
the Edina Village Hall, to consider in public hearings the views of all persons
interested in said proposed improvements.
3. The Clerk is hereby authorized and directed to cause notice of the time,
place and purpose of said meeting to be published in the official newspaper once
a week for two successive weeks, the second of which publications is to be not
less than three days from date of said meeting, which notice shall be in
substantially the following form:
NOTICE OF PUBLIC HEARINGS ON
SANITARY SE14ER AND WATERMAIN
EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, April 10,
1961, at .7:00 P.M., to consider the following proposed improvements to be
constructed under the authority granted by Minnesota Laws of 1953, Chapter 398.
The approximate cost of said improvements_ are estimated by the Village Engineer
as set forth below:
ESTIMATED COST
A. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES
IN THE FOLLOWING STREET:
1. Wooddale Ave. from W.70th St. to 270' North $4,480.97
B. CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES
IN THE FOLLOWING STREET:
1. Wooddale Ave. from W.70th St. to 295' North $2,444.29
The areas proposed to be assessed for the cost of proposed improvement's under
A -1 and B -1 above include Lots 1 and 2, Block 1, Creston Bills, Bach Replat.
GRETCHEN S. ALDEN
Village Clerk
Motion for adoption of the Resolution was seconded by VanVa enbu g, and on
Rollcall there were four ayes and no nays, as follows: Be' ay Tupa, aye;
Van alkenburg, aye; and Dickson, aye; and the Res u ,*on ad ed.
ST:
` U i�r/
Mayor Pro Tem.
'Village Clerk
COUNCIL SUPPORTS BILL FOR ISSUANCE OF BONDS FOR RECREATION PURPOSES. Finance
Director Dalen reviewed for Council's consideration Edina's bill relative to
the pledging of liquor store and recreational facilities revenues for payment
of general obligation bonds issued for purpose of developing recreational
facilities. Some considerable discussion was had; and Tupa offered the
following Resolution and moved its adoption:
RESOLUTION REQUESTING LEGISLATION
RELATIVE TO ISSUANCE OF BONDS FOR
RECREATION PURPOSES
WHEREAS, The Village of Edina has purchased some 600 acres of park
land in the past few years, on which it has not been possible to make substantial
improvements on a current expense basis; and
WHEREAS, -there is a need to develop additional recreational facilities,
some of which would produce revenue; and
1
1
ORDINANCE NO. 151A
AN ORDINANCE REGULATING AND LICENSING
FOOD ESTABLISHMENTS AND FOOD VENDING
MACHINES AND PROVIDING A PENALTY FOR
VIOLATIONS THEREOF
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS:
Section 1. Definitions. The following definitions shall apply in the
interpretation and enforcement of this ordinance and the following words and terms
wherever they occur in this ordinance are defined as follows:
"Adulterated Food" means any food which (a) bears or contains any
poisonous or deleterious substance which may be injurious to health, provided,
however, if such food bears or contains any such substance added thereto or
found therein for which a safe tolerance or standard has been established by
lawful regulation, or law, such food shall not be adulterated food if such
substance is not in excess of such tolerance or standard; or (b) consists in
whole or in part of any filthy, putrid, decayed or decomposed substance, or
consists in whole or in part of the product of a diseamed animal, or an animal
which has died by accident, disease, or otherwise than by slaughter; or (c) is
contained in an immediate package which is composed of any poisonous or dele-
terious substance which may render the contents injurious to health.
"Bactericidal Treatment" means the application of a method or substance
for the destruction of all pathogens and to reduce all other micro- organisms to
meet the required bacteriological standards of this ordinance, and which does not
adversely affect the utensils and equipment of the food or the health of the
consumer.
"Bakery Food Vehicle" means any food vehicle used to transport bakery
goods about the streets for the purpose of sale of such goods from door to door.
"Boarding House" means an eating place not open to the general public
where meals are furnished to three or more persons other than members of the
family.
"Catering Food Vehicle" means any food vehicle used to transport any
food from its point of preparation to a'point where the food is served from the
vehicle to the consumer, or any food vehicle wherein food is prepared for sale or
service to the consumer.
"Clean" means free from physical, chemical, and microbial substance
discernible by ordinary sight or touch, by ultraviolet light, or by artificial
light and the saffranine -o dye test, and free from insects, vermin, and debris.
"Employee" means any person who renders personal service, with or
without compensation, within a food establishment.
"Family" means an individual living alone or two or more persons
related by blood, marriage or adoption, living together in a single residence
unit.
-1-
Lr
.. .. 'i s.
.t'i. x. Y -
.- • » .�.
y.r._ ....i � t
-� ✓ +. .,.r i.., -. • .� »�.
�. -} ♦ > -Y �� -M-• � . .
� .., .� .P4�%.i�. .. _ _...
_+
a
Olin:.
s..
-
_._...
...- av .w-.
I 0m,
vv= yo
vr
J..
t. no
1
"Food" means any raw, cooked or processed substance, beverage or
ingredient used or intended for use in whole or in part for human consumption.
The term "food" further includes ice and water.
"Food Contact Surfaces" means those surfaces of the equipment and
utensils with which food normally comes into contact or may come into contact.
"Food Establishment" means any building, room, stand, enclosure, vehicle,
space, area, or other place wherein food is stored, prepared, manufactured, pro-
cessed, wrapped, canned, packed, bottled, transported, distributed, or served, as
a business, whether or not the food is consumed on the premises.
"Food Vehicle" means any food establishment consisting of a mobile vehicle
which hauls any food for the purpose of delivery or sale.
"Health Officer" means the Health Officer of the Village or his deputy.
"Home Prepared Food" means any food which has been processed or prepared
in a place other than a licensed food establishment or a food establishment
exempted from licensing requirements of this ordinance by Section 34 hereof.
"Itinerant Food Establishment" means a food establishment operating for
a temporary period, including but not limited to a fair , carnival, circus, church
supper, or public exhibition.
"Misbranding" means the use of any written, printed, or graphic matter
upon or accompanying products or containers of food, including signs, or placards,
displayed in relation to such products so dispensed, which is false or misleading,
or which violates any local, state or federal labeling requirements.
"Perishable Food" means food consisting of fresh fruits, such as apples,
bananas, oranges and grapefruit or consisting of fresh vegetables, such as lettuce,
carrots, beans, radishes, onions and potatoes. The enumeration herein of specific
items is only for purposes of illustration and shall not be deemed to be a limitation
upon the meaning of the term illustrated thereby.
"Person" means any natural person, firm, corporation, or association, and
with respect to acts prohibited or required herein, shall include employees and
licensees.
"Pre- Packaged" means wholesome food packaged in a substantial, clean
container or wrapper in a licensed and inspected food establishment meeting all
of the requirements of this ordinance.
"Readily- Perishable Food" means any food consisting in whole or in part
of milk, milk products, eggs, meat, fish, poultry or any other food capable of
supporting rapid and progressive growth of micro - organisms which can cause food
infections or food intoxication. However, packaged food in hermetically sealed
containers processed by heat to prevent spoilage; packaged pickles, jellies and
condiments in sealed containers; dehydrated packaged food; and dry or powdered
packaged food so low in moisture content as to preclude development of micro-
organisms are excluded from the terms of this definition.
-2-
..
_.- ...
. 1, . •�
_
..
. _ -...
- ..
Am jl
. it
fT
ei
IRA
"Readily- Perishable Food Vehicle" means any food vehicle, except catering
food vehicles and bakery food vehicles, which is used to transport readily perishable
foods as herein defined within or into the Village for delivery therein.
"Restaurant" means any place where the business of serving or preparing and
serving food to the public is conducted and includes all eating and drinking establish-
) menns open to the public and operated for profit where food or drink, or both, are
served and consumed on the premises, and all kitchens in which food and drink are
prepared for sale or to be served elsewhere to the public. The term "restaurant"
shall not extend to meal service facilities of any educational or religious
institution.
"Retail Candy Shop" means a food establishment where unwrapped candy not
manufactured therein, is sold or offered for sale to the consumer.
"Safe Water" means water which is not adulterated and which is free from
pathogens and coliform organisms.
"Safe Water Supply" means a source of safe water from either the municipal
water system or a source of water, the operation, location and construction of which
have been approved by the Minnesota State Board of Health.
"Single- Service Utensils" means all utensils which are used only once and
then destroyed.
"Smooth" means having an even surface, free of cracks, chips, open seams,
rust, corrosion, breaks, pits, checks, and ridges.
"Smooth" (with reference to equipment and utensil surfaces), in addition
to the definition of smooth herein, means a surface which, in the case of stainless
steel, nickel alloy or other corrosion - resistant metal, has at least a No. 4 mill
finish; or, in the case of cast and forged steel and cast nickel alloy, has a
roughness not exceeding American Standard No. 125; or, in the case of other non -
corrosion- resistant alloys, is at least as smooth as commercial grade rolled steel
and is-free of loose scale.
"Utensils" means all kitchenware, tableware, dishes, glassware, cutlery,
pots, pans, containers, implements or other equipment with which food comes in
contact during storage, cooking, preparation, display or serving.
"Vending Machine" means any type of mechanical device which operates by
the insertion of a coin of more than one cent, or other token, and which delivers,
or permits the removal, from such machine of any food.
"Wholesome" means sound, healthful, clean and in all ways fit for human
food..:
Section 2. Licenses Required. No person shall operate a food establish-
ment or engage in the business of operating any of the following types of enterprises
within the corporate limits of the Village, unless a license of the applicable type
herein described shall have been obtained therefor pursuant to this ordinance:
Cxz
.. �- �__
•..
• .•
..
".. � --
I � ..
_
.r ... _. - tr�
-
c. w'
• ,.a. ,.., i
.
..... �..__....r-�
- -�.
. ..
-
.. ...
- ,.s .._...
�:. 1 .
-
:� ...
.. � - ._ _ _ ..
_.if
. �.. .. ir. _..� ':'.. _....
-
=gar..:
Food establishment.
Catering food vehicle.
Bakery food vehicle.
Readily- perishable food vehicle.
Retail candy shop.
Itinerant food establishment.
Vend Machine
Where the business consists only of a catering food vehicle, bakery food vehicle,
readily - perishable food vehicle, retail candy shop, itinerant food establishment,
or vending machine, a food establishment license shall not be required in addition.
Section 3. Application for License. The applicant shall state the follow-
ing in the application for a license:
(a) His name;
(b) His business address, if any, and his home address;
(c) The address of the premises to be licensed, or the address of the
premises where the vending machine is to be located or the food vehicle is to
be kept.
(d) The type of business to be conducted on the premises, or the kind of
food to be sold by the vending machine, or the use to be made of the food vehicle
and the general area where it is to be operated;
(e) A general physical description of the premises, vending machine or food
vehicle;
(f) A plan of the premises, or a diagram of the vending machine and its
manner or operation, or a diagram of the food storage parts of the vehicle;
(g) The identifying serial number of the vending machine or food vehicle;
(h) The supplier of the articles to be sold in the vending machine, and the
address of the premises where the articles to be sold by the machine are placed in
the machine, unless the machine is to be filled where it is to be located; and
(i) A list of all food licenses or permits held by the applicant at the
time of application in any city or village in any state, or issued to him during
the preceding three years, with a statement of the facts concerning the suspen-
sion or revocation of any of such licenses or permits during said period.
Section 4. Exceptions, No License Required. Governmental subdivisions,
charitable institutions, houses of worship serving their own congregation, employees'
coffee rooms, school lunch rooms and cafeterias, homes for the aged, child -care homes,
milk wagons or trucks operated by persons licensed under Ordinance No. 123 of this
Village, and patient food services in hospitals shall not be required to apply for
and obtain a license, but shall be subject to all other requirements of this
ordinance.
Section 5. License Fees. Fees for licenses issued hereunder shall be
as follows:
- 4-
s`
n elm.
Ar
_ ..•�{ ^• l .. «•.
_..- _.:ni.J
not
Food establishment: $25.00 per annum; plus $5.00 for each additional
facility on the same premises, as set forth above with respect to food establish-
ments.
Itinerant food establishment: $15.00 per annum,
Retail candy shop: $15.00 per annum, plus $5.00 for each additional
facility on the same premises, as set forth above with respect to food establish -
ments.
Readily - perishable food vehicle: $5.00 per annum.
Bakery food vehicle: $15.00 per annum.
Catering food vehicle: $100.00 per annum, plus $5.00 per annum for
each additional catering food vehicle under the same ownership and operation.
Vending machine: for each machine dispensing food in a wrapped package
or sealed bottle or container, and requiring a Coin of not more than ten cents,
$5.00 per annum; for each machine dispensing food not so wrapped or sealed, and
requiring a coin of not more than ten cents, $10.00 per annum; for all other
machines, $15.00 per annum for the first food dispensing unit of the machine, and
$5.00 per annum for each additional food dispensing unit of the same machine, but
not to exceed $50.00 for any one machine.
Section &. License Procedure and Control; Penalties. The provisions of
Ordinance No. 20 of the Village, including the penalty provisions thereof, shall
apply to all licenses required by this ordinance and to the holders of such
licenses.
Section 7. Inspection and Correction.
(a) Inspections Outside the Corporate Limits of the Village. The Health
Officer may inspect food establishments situated outside the corporate limits of
the Village which sell or offer for sale, or distribute any food to persons
licensed under this ordinance, The fees for such inspections shall be equal to
the total of the actual cost of salary paid the Health Officer by the Village
for the number of hours necessarily spent in each such inspection, and the cost
of transportation incurred or expended by the Health Officer for mileage at the
rate of 72 cents per mile actually travelled from the Village Hall or last place
` of inspection, whichever is less, and returning to the Village Hall. The Health
Officer shall report the cost of such inspections to the Director of Finance, who
shall render statements for such inspection costs to the licensee who obtains
food from such source outside the Village limits, and the licensee shall within
ten days pay the.amount claimed in the statement to the Village. In lieu of making
inspections beyond the corporate limits of the Village, the Health Officer may
accept the reports of other governmental food inspection agencies.
(b) Inspection of Food Establishments. The Health Officer shall inspect
every food establishment at least once each year and may inspect any food establish-
ment as frequently as he may deem necessary to insure compliance with this ordinance.
-5-
� �.
•• F:
�:
.. _ _ ._.. �_ "._. _: � � .'�4 w .. �} .�- vY'« 4
~ W k . yti.w .s•N: r+r w Y�i..Y.
�. . __ .i _ .) �t � --
__ �'. {i
_ .._ - _ __ .. _.a•t ... 1.. _.
�_
..
� ..
..
ti" ..
. ..:'!'i:... !.
i
_ •� _ tit:. _. ?•:� ._.
..
.._ �
.. .. - _•.
�Z.t
... - .. .. 1.� t . ... ..
iS• ..
._ .
... � .
... .. _. ..
-
t.•
..r�._.___...
.. _w .. ...�.�,..
.,''' .:
.. .. ....
'... ... .. .. sa � .•Iii. ... ;}: .... .'f:• _.....
_._
•.
_. iS 7.!. ...
-.. t._.:a':i i_ ..... �. .. ... -... +..
� .. c...
r3:- � ...
a ... .L ... _� '.;
(c) Posting. Each inspection report shall be posted by the Health Officer
upon an inside wall of the food establishment, and such inspection report shall
not be defaced or removed by any person except the Health Officer. The posting
of the inspection -report upon the inside wall of the food establishment shall
constitute service of an official notification of the inspection by the Health
Officer. Another copy of the inspection report shall be filed with the records
of the Health Department.
(d) Corrections of Violations. All owners or operators of food establish-
ments having a report posted in the food establishment giving notification of one
or more violations of this ordinance shall within not less than three days after
such posting, remove or correct the violation so listed.
Section 8. Seizure, Tagging and Condemnation.
(a) Examination and Seizure of Food, Equipment and Utensils. Samples of
food and other substances may be taken at any food establishment and examined
by the Health Officer at any reasonable time and as'often as may be necessary
for the detection of misbranding, unwholesomeness or adulteration. The Health
Officer shall seize, by placing a tag thereon, any food that he shall have cause
to believe to be misbranded or adulterated, or any equipment, clothing or utensils
found in a food establishment, the use of which would not comply with this ordi-
nance, and also may in similar manner seize any equipment, clothing or utensils,
which is unfit for use by reason of dirt, filth, extraneous matter, insects,
corrosion, open seams, or chipped or cracked surfaces. Such seizure tag shall
be printed and shall read as follows:
"Edina Health Department Seizure - Use Forbidden Pending Investigation
Date
Health Officer
Released by Date:
Name:
Title:
(Return this portion of tag to Edina Health Dept..)"
No person shall remove such tag from any article of food, equipment, or clothing,
or any utensil to which it is attached, or remove or use such food, equipment,
clothing, or utensils so seized except by direction of the Health Officer. At the
end of the period of investigation, the Health Officer shall condemn and cause to
be removed or destroyed as provided for in this ordinance, any food, equipment,
clothing or utensil which has been so seized and which does not comply with the
provisions of this ordinance, provided, however, that in the case of misbranding,
which can be corrected by proper labeling, such food may be released to the owner
or person in charge for proper labeling, under the supervision of the Health
Officer.
-6-
c �
� '4.1 _
.
r
Yc
..r �.
-• � - -•li
.. 1.. x
Y;
(b) Condemnation of Food. The Health Officer may condemn and forbid the sale
of, or cause to be removed or dettroyed, any food which is unwholesome or adulterated,
unfit for human consumption, or otherwise prohibited by ordinance or state or federal
law.
(c) Condemnation of Equipment, Clothing and Utensils. The Health Officer may
condemn and cause to be removed any equipment, clothing or utensils found in a food
establishment, the use of which would not comply with this ordinance, or which is
being used in violation of this ordinance; and also may condemn and cause to be
removed any equipment, clothing or utensils which by reason of dirt,, filth,
extraneous matter, insects, corrosion, open seams, or chipped or cracked surfaces
is unfit for use.
(d) Condemnation Tag. The Health Officer shall place a tag of condemnation
upon the food, clothing, utensils and equipment, which tag shall read as follows;
"Edina Health Department
Con demned
Date Health Officer "
(e) Transport or Sale of Unhealthful Food Prohibited. No person shall trans-
port within or into the Village, or sell or offer for sale in the Village any food
which is not wholesome or which is adulterated.
(f) Unhealthful Food Required to be in Garbage Cans. It shall be unlawful
for any person to permit any unwholesome or adulterated food to be or remain in
any food establishment unless such food is placed in a garbage can or garbage
receptacle, and the presence of unwholesome or adulterated food in any food
establishment and not in a garbage can or garbage receptacle shall be prima
facie evidence of the intended sale thereof as food.
Section 9. Itinerant Food Establishments. The requirements of this
ordinance shall be applicable to itinerant food establishments; provided, however,
that substitute facilities located outside the food establishment and other sub-
stantially equivalent substitute facilities within the food establishment may be
provided with respect to the following specific physical facilities; mechanical
ventilation, toilet facilities on the premises, facilities for garbage can
washing on the premises, and dressing rooms or lockers for employees on the
premises. Before commencing operations of any kind the licensee hereunder shall
notify the Health Officer that such food establishment is ready for final -
inspection, and the Health Officer shall immediately make an inspection and
issue a report thereon, and no itinerant food establishment shall commence
operations until the requirements of this ordinance have been met in accordance
with the Health Officer's final inspection reports.
Section 10. Floors.
s
(a) Floors Kept Clean. All floors in all food establishments shall be kept
clean and in good repair.
-7- Y
x
_ is .. ._. ..? .. _. f.,. _ ?_ .. _• i. - ._ __ :.'r` ::�.: .
not
Jj
(b) Floor Construction. The floors of all food - preparation, utensil- washin €,
and garbage- storage areas, dressing or locker rooms, and walk -in refrigerators, shall
be constructed of durable, non - absorbent, easily cleanable materials, such as but
not limited to concrete terrazzo, quarry tile, ceramic tile, or tight wood covered
with a durable grade of linoleum or plastic, or impregnated with plastic. In areas
subject to spilling or dripping of grease or fatty substances, any floor coverings
used shall be such as to withstand these conditions. Floor drains, where used,
shall be graded to the drain or drains. The use of sawdust is prohibited.
(c) Interior Dining Areas. The floors of interior dining areas shall comply
with paragraph (b) of this section; provided, however, that floor carpeting may be
used in these areas if such carpeting is in good repair and is kept clean.
(d) Exterior Ground Surfaces. The walking and driving surfaces of all
exterior areas where food is served, such as but not limited to drive -in
restaurants, sidewalk cafes, patio service, chuck wagon service, and barbeques,
shall be kept clean and free of debris, and shall be drained so that water will
not accumulate. These areas shall be hard surfaced with concrete, asphalt, or
other similar material which is free of cracks, dust free, smooth surfaced and
impervious to water.
(e) Storage Areas. The floors of dry food non - refrigerated storage areas
shall be constructed of tight wood, concrete, and wood covered with asphalt tile,
or similar material. Floors in frozen food storage areas shall be constructed
of concrete, tile, or other material impervious to water.
(f) Mats or Duckboards. Mats or duckboards, if used, shall be limited to
use in food preparation and utensil washing areas and shall be designed and con-
structed in size, shape and weight so as to permit easy removal for cleaning, and
shall be kept clean.
(g) Covered Corners. All floors hereafter constructed or extensively re-
constructed in food - preparation or utensil - washing areas shall be covered at the
junction of the floors and walls, at the junction of the floors and the risers
of masonry curbs, and at the junction of the floors and equipment placed on the
floors.
Section 11. Walls and Ceilings.
(a) Walls and Ceilings Kept Clean. Walls and ceilings in all food establish-
_ ments shall be kept clean and in good repair.
(b) Surfaces. The walls of all food - preparation, utensil- washing, hand-
washing, refrigerated - storage, toilet rooms, and garbage - storage rooms shall have
a smooth light- colored surface, which is impervious to water up to the hightest
level reached by splash or spray. Acoustical material may be used above this
level, provided ventilation is adequate to minimize grease and moisture absorption.
(c) Coverings. Wall covering materials, such as but not limited to sheet
metal, linoleum, plastic, and paper, shall be securely attached and sealed to the
wall or ceiling.
10
(d) Protrusionsi Studs or rafters shall not be exposed'in walls or ceilings
of food- pfeparation, utensil- washing, or toilet rooms. Light fixtures, fans, hoods,
decorative material, and other similar equipment attached to walls or ceilings shall
be kept clean.
Section 12. Doors and Windows. From April 1st to November lst of each
year, all openings standing open to the outer air including but not limited to
doors, windows, skylights and transoms shall be screened with tight fitting
screens of.not less than 16 -mesh wire or plastic cloth, free of holes. All doors
and screen doors opening to the outer air shall be self- closing and shall open
outward; provided, however, in lieu of meeting the foregoing requirements, fans of
sufficient power to prevent the entrance of flies may be used at otherwise
unprotected openings.
Section 13. Lighting.
(a) Food Preparation and Utensil Working Areas Lighting. Natural and supple-
mental artificial light sources shall be provided which furnish at least 30 foot
candles on all working and equipment surfaces in food - preparation and utensil -
washing areas during all times when the area is being used or cleaned.
(b) Other Areas. All areas, except dining rooms and working and equipment
surfaces as mentioned in paragraph (a) of this section shall be provided with at
least 5 foot candles of light at a distance of 30 inches from the floor.
Section 14. Ventilation.
(a) Ventilation Required. All areas in every food establishment shall be
well ventilated and shall be free of disagreeable or excessive odors, condensation,
vapors, smoke, and fumes.
(b) Local Exhaust. Mechanical local exhaust ventilation shall be installed
at or over all fixed equipment which produces odors, grease, or smoke, including
but not limited to ranges, griddles, and deep fat frying units.
(c) Inlets and Make -up Air. Air inlets shall be provided which are of
sufficient capacity to supply replacement of exhausted air; provided, that the
summary calculation for exhaust and make -up air for the kitchen shall leave the
kitchen under a slight negative pressure and the balance of make -up air for the
kitchen shall be supplied from the dining area. Air inlets and all ducts shall
be located so as to provide a thoroughly uniform air movement throughout all
rooms and areas. Air inlets located on the outside of the building shall be
located at least 12 feet- off the ground, and shall not be located within thirty
feet of plumbing vents or other exhaust vents. Inlets shall be equipped with
filters which prevent the entrance of insects and excessive dust, dirt, or any
other contaminating materials.
(d) All Hoods. All hoods for food preparation equipment shall have welded
or soldered joints and be free of any openings or holes.
i
All
hoods shall
have grease
collecting troughs
under the filters
which
eliminate the
dripping of
grease from
such filters onto
food, utensils or
equipment.
-9-
I
I
All hoods shall be equipped with low velocity filter grease removal
systems. Such filters shall be installed at an angle of forty -five degrees to
sixty degrees with the horizontal in the hood. A filter velocity of not less
than two hundred nor more than three hundred linear feet per minute shall be
provided at all times the hood is in use; provided, however, any other grease
removal process or equipment of equal effectiveness may be used provided the
licensee shall submit to the Health Department of the Village evidence showing
in detail the procedure or process and the effectiveness thereof.
(e) Canopy Hoods. All canopy hoods shall overhang all cooking and baking
equipment a minimum of one foot and shall be provided with a grease trough
around the perimeter which eliminates the dripping of grease from such hood,
onto food, utensils or equipment.
Long hoods shall be provided with outlets on six foot centers, and
hoods with multiple outlets shall have manual air volume dampers. Clean -
outs shall be provided in all duct work at ten foot intervals and at all ninety
degree bends and shall be of sufficient size to allow cleaning for a distance of
five feet on either side of such cleanouts. Cleanout covers shall be fastened
in a manner to provide an air -tight fit.
(f) Canopy Hoods Exhaust Requirements. All canopy hoods shall be provided
with equipment having an exhaust ventilating capacity, expressed in cubic feet of
air per minute in an amount determined by the following formula: The quantity of
air expressed in cubic feet per minute from all canopy hoods shall be determined
by multiplying 100 linear feet per minute by the number of square feet of the
face area of the hood, or 50 linear feet per minute multiplied by the exposure
perimeter in feet and this figure multiplied by the distance in feet between
the under surface of the hood and top of the cooking unit, whichever is greater.
(g) Non - Canopy Hoods Exhaust Requirement. All non - canopy hoods shall be
provided with equipment having exhaust ventilating capacity which provides an air
velocity of 50 feet per minute at the outside edge of the cooking or processing
equipment.
(h) Area Requirements. All food establishments shall provide a complete
change of air every two minutes in all food preparation areas. Accomplishing
this by exhausting air through the hood, to the extent it is effective, shall
constitute compliance in whole or in part.
Fresh make -up air shall be provided in the dining area in amounts according
to the following:
25 cu. ft. per minute of fresh make -up air for each person, if
the seating capacity provides 100 cu. ft. of space per person.
20 cu. ft. per minute of fresh make -up air for each person, if
the seating capacity provides 200 cu. ft. of space per person.
15 cu. ft. per minute of fresh make -up air for each person, if
the seating capacity provides 300 cu. ft. of space per person.
10 cu. ft. per minute of fresh make -up air for each person, if
the seating capacity provides 400 cu. ft. of space per person.
-10-
(i) Hood Ducts. All hood ducts shall be designed and constructed with a
minimum duct air velocity of 1800 linear feet per minute. All hood ducts shall
be constructed of No. 18 U. S. gauge steel or heavier, or No. 20 U. S. gauge
stainless steel or heavier, and all seams shall be welded. Sections of duct not
welded at joints shall be bolted together with airtight gasket material. Fire
dampers shall be provided when the ducts go through one - hour -or -more fire -
resistant walls or ceilings. Any duct work within 18 inches of any combustible
material shall be insulated with high temperature insulation.
(j) Fan Sizing. Any formula used for computing fa-i size shall take into
account the following resistances:
Accelerating force, loss in ducting, hood entrance loss,
resistance to filters and wind pressure at exhaust.
(k) Building Code. Ventilating facilities shall be provided in accordance
with the requirements of the Building Code of the Village in addition to the
requirements of this ordinance.
(1) Pans on Hoods Prohibited. The use of pans to cover the face of any
hood is prohibited.
Section 15. Toilet Facilities.
(a) Kept Clean and Ventilated. Every food establishment except food vehicL,;!.s
shall be provided with water flush toilet facilities which are kept clean and in
I good repair and free from flies, insects, and offensive odors, and shall be venti-
lated in accordance with paragraphs (a), (b) and (c) of Section 14 of this ordinance.
(b) Location. Toilet facilities shall be so located as to be convenient for
use by employees, and so that employees are not required to use more than one floor -
to -floor stairway to and from such facilities. Toilet facilities shall be located
in the same building as the food establishment and shall be kept unlocked and
available to employees at all times when the food establishment is in operation.
(c) Closets. Water closet seats shall be of open front design; water
closets and urinals shall be clean, free from stain, and have no offensive odors.
(d) Supplies and Receptacles. A supply of toilet tissue shall be provided at
each toilet at all times. Easily cleanable receptacles shall be provided for waste
materials, and such receptacles in toilet rooms for women shall be covered. Such
receptacles shall be emptied at sufficiently frequent intervals to prevent
excessive accumulation of waste material.
(e) Doors and Vestibules. Toilet rooms shall be provided with doors which
shall be of solid construction, self- closing, and shall not be left open except
during cleaning or maintenance. Vestibules shall be kept in a clean condition
and in good repair, and shall be adequately lighted and ventilated.
(f) Connection to Sewer System. Toilet facilities shall be connected to the
municipal sewerage system.
-11-
(g) Compliance with all codes. Toilet facilities shall be installed in
accordance with applicable laws, ordinances and regulations of the Village of
Edina and the State of Minnesota, in addition to requirements of this ordinance.
Section 16. Water Supply and Ice.
(a) Safe Water and Safe Water Supply. A supply of hot and cold running
water under pressure from a safe water supply shall be provided in all food
establishments except food vehicles which handle only pre - packaged food or which
handle meat being transported in the manner provided by state law and regulations.
(b) Running Water. Safe water, both hot and cold running under pressure
shall be provided in all areas where food is prepared and where utensils, equip-
ment, containers, or hands are washed.
(c) Sources. All water shall be drawn from the municipal water system,
provided, however, a water supply located on the premises may be used if the
operation, location and construction have been approved by the Minnesota State
Board of Health. The licensee in such case shall at his expense make arrange-
ments for chemical and bacteriological analysis of the water, and this analysis
shall be done at intervals of not less than once each month. A copy of each of
these reports shall be submitted by mail directly from the laboratory to the
Health Department of the Village immediately upon completion of the laboratory
work.
(d) Cross Connections to Municipal Water Prohibited. No direct connection
shall be made or permitted to exist between the public water supply system of the
Village of Edina and any other source of water.
(e) Cross Connections to Non - Potable Water Systems Prohibited. The safe
water supply piping shall not in any manner be directly connected with any water
supply system which is not safe. Any piping which conveys non - potable water
shall be identified by color so that it is readily distinguished from piping which
carries potable water.
(f) Dipping and Common Drinking Cups. The use or providing of common
drinking cups and the dipping of water from containers is prohibited.
(g) Transporting Drinking Water. Water transported for drinking purposes
shall be safe water and from a safe water supply.
(h) Containers for Transporting Drinking Water. All containers, including but
not limited to tank trucks, cans and bottles, which are used in transporting water
from the source to the point of use, shall be of such material and construction as
to facilitate cleaning. All openings into, and all water contact surfaces of such
containers shall be protected from contamination. All such containers shall be
clean and shall be subjected to bactericidal treatment immediately prior to each use.
(i) Equipment for Bottling Water. Hoses used for filling tanks, cans, bottles,
and other water containers shall be kept clean and shall be handled in such a manner
as to prevent contamination of the water, the nozzle, or any part of the hose which
may come into contact with the inside of the container. Hoses shall be cleaned and
subjected to bactericidal treatment immediately prior to each use.
111ka
_. .._- --
._- ..,eye .'�`a .' r - ^'a%f+.;e. p.- .�., ray _,. c`c'.s'•- ..x .r.. .-.• ... _� _ . ... - :'t' •'o-..v...:.r � -.�. . ', , ' �' ; • i' _. _,_ ` ,' fit' .*.. �`, �
-. '-aw'�. r • + a .+^- +w. -wrs .t _ .w... w..4•- ^��`'z'�•- -Gu ._ ww. }. .. .. . . . - 1-r. . -
(j) Ice. All ice shall be manufactured only from safe water which has been
obtained from a safe water supply. Ice shall be handled and transported in single
service containers, or in utensils which are clean and which have been subjected
r
to bactericidal treatment. Buckets, scoops, and ice containers, unless they are
single- service utensils shall be made of a smooth, impervious material, and designed
to facilitate cleaning. They shall be clean at all times. Canvas containers shall
not be used. If ice - crushers are used, they should be easily cleanable. They shall
~ be maintained in a clean condition and shall not be subjected to bactericidal
treatment before use and shall be covered when not im use.
Section 17. Lavatory Facilities.
(a) Required Equipment. 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
lavatory facilities with hot and cold running water, hand cleansing compound and
sanitary towels or hand - drying devices. Such facilities shall waste into the
municipal sewer system.
(b) Location: Faucets: One or more lavatories with mixing faucets shall be
located within all toilet rooms or vestibules, and shall be installed in accordance
with ordinances of the Village of Edina and the laws and regulations of the State of
Minnesota.
(c) Cleansing Compound, Towels and Receptacles. A supply of hand cleansing
compound shall be kept available at each handwashing facility. Common towels for
use by more than one person are prohibited. At least one waste receptacle shall
be located near each handwashing facility.
(d) In Food Areas. In all food establishments a lavatory with mixing faucets
shall also be located in the immediate food preparation area within 50 feet of each
location at which food is handled or prepared. This distance requirement shall be
applied to large preparation areas and to.establishments with more than one
preparation area.
(e) Kept Clean. Lavatories and surrounding areas shall be kept clean and in
good repair.
(f) Food Vehicles. Food vehicles with lavatory facilities shall dispose the
liquid waste into a receptacle carried on the vehicle for that purpose. The
liquid waste ultimately shall be disposed into the municipal sewer system in such
a manner that a nuisance will not be created.
Section 18. Equipment Required.
(a) Generally. Every food establishment shall be provided with equipment so
designed, constructed, installed, located, and maintained as to permit full compliance
with the provisions of this ordinance, and the following equipment shall be provided,
where applicable to the operation therein conducted.
(b) Temperature Control Equipment. Hot food storage facilities, display
facilities and refrigeration facilities shall be provided to maintain all readily -
perishable foods, at temperatures required in this ordinance during food storage,
preparation, transportation, display and serving operations.
-13-
(c) Thermometers. Easily readable thermometers capable of indicating
temperatures to an accuracy of 2 degrees Fahrenheit shall be permanently affixed
within all walk -in coolers, freezers, refrigerators, fountain coolers, and salad
table coolers, and at least one similar movable check thermometer shall be provided
for use with all other facilities mentioned in this section.
(d) Food Preparation Equipment. Food preparation equipment, including but rot
limited to sinks with running water, waste disposal units or containers, shall be
provided and located so that all foods requiring washing, peeling, trimming or
shucking can be cleaned before being prepared and served. In new or extensively
altered or remodeled food establishments, separate sinks or vats for this specific
purpose shall be provided. Sinks and vats used for washing and bactericidal treat-
ment of utensils and equipment shall not be used for vegetable preparation.
(e) Ice Storage. Ice shall be stored in cabinets, compartments, or bins, all
of which shall have covers of dripless construction.
(f) Single- Service Utensil Storage. Sanitary facilities shall be provided for
storing and dispensing signle- service utensils, if such utensils are used.
(g) Displayed Food Storage. Counter - protector devices, cabinets, display
cases, containers and similar equipment for protecting all displayed foods against
contamination from customers or from other sources shall be provided if food is to
be served in this manner.
(h) Silverware Storage. Facilities designed and maintained to present the
handle of the silverware to the customer, and to cover or protect the portion of
the silverware which may come into contact with the customer's mouth shall be
provided if customer self - service silverware is used.
(i) Food Service Utensils. Tongs, spoons, scoops and similar devices for
handling of food shall be provided at all points where food is handled, and no
food shall be handled without .using such utensils.
(j) Ice Cream Dipper Storage. Running -water dipper wells connected to a
safe water supply and to the municipal sewer system shall be provided for ice
cream dippers and scoops at all locations or stations where bulk ice cream is
dispensed.
(k) Cleaning Supplies and Equipment. Equipment and supplies shall be provided
for cleaning of all equipment including but not limited to racks, stoves, exhaust
hoods, refrigerators and shelves and for the cleaning of the entire food establishment.
(1) Utensil Washing and Treatment.. Facilities shall be provided for washing
and bactericidal treatment of food contact surfaces of equipment and utensils other
than single - service utensils. At each place where such equipment and utensils are
washed, facilities shall be provided for removing food .scraps and food residue from
such equipment and from such utensils other than glasses before they are placed in
the wash water or wash compartment.
(m) Three -Vat Sinks. Where hot water or a chemical agent is used for
bactericidal treatment, a three- compartment-sink shall be provided.
-14-
�i ��
:.. O.w - y w sr f- ... -�V— F<Z lal .:.1�,.>
itl7�• \.rt"r `ieS.- a ♦>••.•�fv'J .••^V i>:
.rT >r!`•II. ?� :•.C'<
R•.•li•5'wr�4• >!I �.T!Ci.y � •L
'•nv
= . �
-
ants in
an
Wir
an! know 41
70
JOL Ivan
(n) Final Immersion Heater. Where hot water is used for bactericidal treat -ant,
a heating device capable of maintaining a water temperature of at least 170 degrees
Fahrenheit shall be provided as an integral part of the vat used for final immersion.
(o) Sinks - Size and Drainboards. The compartment used for bactericidal trcas:-
ment shall be of sufficient size to completely immerse any equipment or utensils
being given bactericidal treatment. Such sinks shall also be provided with separct-e
drainboard space arranged so that soiled and clean utensils are kept entirely
separate. All sinks shall be provided with running hot and cold water and shall be
connected to the municipal sewer system.
(p) Dishwashing Machines - General Requirements. When dishwashing machines
are used for the washing and the bactericidal treatment of equipment or utensils,
such machines shall be designed, constructed, installed and operated so as to render
all surfaces of such equipment or utensils clean, reasonably dry, and effectively
subjected to bactericidal treatment. Dishwashing machines shall be so designated,
constructed, and installed to make effective cleaning thereof easy, and to minimize
places where dirt, bacteria and vermin may collect in such dishwasher.
(q) Dishwashing Machines - Specific Requirements. Wherever equipment and
utensils are to be washed by spray -type dishwashing machines which depend upon a hot -
water spray for rinsing and bactericidal treatment, the installation shall include a
hot water system capable of providing water at maximum design load of the machine at
a temperature of at least 180 degrees Fahrenheit at the entrance of the rinse
manifold of the machine, during all periods of activity. Easily readable thermometers
shall be installed near the discharge end of the machine to indicate the temperature
of the final rinse water entering the spray arm; and at locations to indicate the
temperature of water in all tanks of the dishwashers. Such thermometers shall
operate so as to indicate temperatures to an accuracy of plus or minus 2 degrees
Fahrenheit. When automatic timing of wash and rinse cycles is provided, automatic
timing devices shall be used which will provide for the full exposure of all
utensils to washing and rinsing times required by this ordinance. All new dish-
washing machines installed after the passage of this ordinance "shall be provided
with automatic timing devices for the wash -rinse cycles of such machines. Conveyors
for automatic dishwashing machines shall also be accurately times so as to subject
utensils to the washing and rinsing times required by this ordinance. Multi -tank
machines shall be provided with an adjustable device for automatically adding make -up
water in sufficient quantity to maintain a constant level and to run off any grease
which may be present. Sufficient space shall be allowed between wash sprays and
rinse sprays, or adequate baffles provided to prevent intermingling of wash and
rinse waters. A pressure regulator and a pressure gauge shall be provided on the
discharge end of the hot water line to the machine to indicate the final rinse
pressure entering the spray arm. A re- circulation system shall be provided if the
heater providing the final rinse water (180 degrees Fahrenheit) is located over
five feet from the automatic dishwasher.
(r) Bactericidal Treatment of Large Equipment. Equipment and supplies, includ-
ing but not limited to spray devices, shall be provided to give bactericidal treat-
ment to large equipment and utensils which cannot be treated by dishwashers or by
total immersion in the regular sinks or vats.
(s) Garbage and Refuse Cans -Washing. Separate facilities for washing
garbage and refuse cans shall be provided, connected to running hot and cold water
and the municipal sewer system.
-15-
of
d .
Section 19. Equipment Construction and Materials.
(a) Vats, Sinks, Food Contact Surfaces and Utensils. Vats, sinks, and all
food - contact surfaces of all equipment and utensils shall be smooth and of corrosion -
resistant, non -toxic materials, and such surfaces shall be -kept smooth and in good
repair.
(b) Soldered and Welded Seams. Soldered surfaces which may come in contact
with moist food shall contain only a minimum practicable amount of lead and no other
toxic materials. In welded seams,.the weld area and deposited weld metal shall be
equally as corrosion- resistant as the parent metal.
(c) Design. All food - contact surfaces shall be readily accessible for cleaning
and inspection, either without being dis- assembled, by disassembling without use of
tools, or by easy disassembling with the use of only simple tools such as a mallet, a
screwdriver, or an open -end wrench, kept available near the equipment. The food -
contact surfaces shall be free of sharp internal corners or difficult -to -clean
crevices.
(d) Bearings and Gears, and Threads. Lubricated bearings and gears shall be
so constructed that lubricants cannot get into the food nor onto food - contact
surfaces. No V -Type threads shall be used in contact with food.
(e) Cutting Boards. Cutting boards shall be of hard maple or the equivalent
and shall be smooth.
(f) Surfaces Exposed to Splash or Food Debris. Surfaces not used for contact
with foods, but which are exposed to splash or food debris, or which otherwise
require frequent cleaning, shall be surfaced with enamel or other washable paint,
galvanizing or better, free of unnecessary ledges, projections or crevices,
accessible for cleaning and inspection, and of such material as to be readily
kept clean.
(g) Dish Tables and Sinks. Dish tables and sinks shall be constructed of
galvanized steel or better, and reinforced; and of a thickness and design to resist
denting and buckling; and sloped to be self draining.
(h) Coving Corners of Equipment. All corners of all vats and sinks, such as
but not limited to washing and bactericidal treatment sinks, vegetable sinks,
scrapping sinks and dipper wells shall be coved.
Section 20. Equipment Installation. Equipment which cannot be moved
by reason of its weight or for the reason that it is attached to utilities, floors,
walls or ceilings, herein referred to as fixed equipment., shall be installed on
raised solid platforms of concrete or other smooth masonry and sealed in such
manner as to prevent liquids or debris from seeping or settling underneath, or
shall be elevated on legs or feet at least 6 inches above the floor. Fixed
equipment which is intended for placing on tables or counters, but which is not
sealed thereto, shall be mounted on legs or feet at least 2 inches high. Fixed
equipment shall be installed flush to the wall with the space closed and sealed
in such a.manner as to prevent liquids or debris from seeping or settling behind
or between, or installed with an unobstructed space of at least 30 inches from the
-16-
t .
[L:l
_..
.. .._..
Mm
•.
..
..1p .x__-ia
.air ;..
ip
♦ F: - 't-'. .. .. ...
- x .... ._... ..
wS017
on: Vv
` - ♦.. ._ _:.
..-`- - --
x�i. .. i
.. sic: .,
.. � .. i. _ Si 4 ._. ;` ...
.:. .__ _ "._ .. -
[L:l
wall to the back of such equipment. The space between adjoining units of fixed
equipment, and the space between the side of such a unit and the adjacent wall
shall be sealed in such a manner as to prevent liquids or debris from settling
or seeping between or behind, or an unobstructed space of at least 30 inches shall
be provided in such instances between, behind, and beside all such pieces of fixed
equipment and between such fixed equipment and any adjacent walls. Aisles or
working spaces between equipment and between equipment and walls shall be at
least 30 inches wide.
Section 21. Single- Service Utensils.
(a) Bacterial Count and Toxic Substances. No single- service utensils manu-
factured from paper stock shall have a bacterial plate count in excess of 250
colonies per gram, as determined by the disintegration -test technique. No toxic
substance shall be present in finished single - service utensils which may cause any
food to become an adulterated food.
(b) Residual Bacterial Plate Count. No flat single- service utensil shall
have a residual bacterial plate count in excess of 1 colony per square centimeter
of surface area of the utensil as determined by the direct or swab contact method.
No other single- service utensil shall have a residual bacterial plate count in
excess of 1 colony per milliliter of capacity of the utensil as determined by the
direct, rinse or swab contact method.
Section 22. Cleaning and Storage of Utensils and Equipment.
(a) Bactericidal Treatment and Standard. All equipment and utensils shall be
kept clean. Food contact surfaces shall be given bactericidal treatment before
being used or re -used, and shall meet a bacteriological standard of not more than
100 colonies of micro- organisms per utensil or piece of equipment.
(b) Storage. Equipment and utensils which have been cleaned and given
bactericidal treatment shall be stored and handled in such a manner so as to be
protected from splash, dust, dirt or other contamination. Such utensils and
equipment shall be stored no less than 12 inches above the floor in a clean dry
location. Such utensils and equipment shall be air -dried before being stored, or
shall be stored in a self- draining position on hooks or racks constructed of
corrosion - resistant material. Utensils and equipment, after bactericidal treat-
ment, shall not be touched or handled on food contact surfaces, or on surfaces
which would contact the mouth of a person using the utensils. Storage of equip-
ment and utensils in ice or water for cooling is prohibited.
(c) Cloths. Cloths used by all food preparation and service personnel
shall be clean. Cloths used for wiping food contact surfaces shall be clean and
shall not be used for other purposes.
Section 23. Dishwashing.
(a) Manual Washing and Bactericidal Treatment. When manual dishwashing
operations are employed, all utensils and equipment shall, after each usage, be
prescraped or pre - flushed, shall be thoroughly cleaned in a suitable detergent
solution in the first vat, and shall be rinsed free of wash water and detergent
in the second vat. After cleaning and rinsing, these utensils and equipment
-17-
shall be subjected to bactericidal treatment in the third vat by the hot water
method or chemical methods hereinafter described, or other equivalent procedures.
(b) Hot Water Method. This method of bactericidal treatment shall consist
of immersion for at least 2 minutes in clean, hot water at a temperature of at
least 170 degrees Fahrenheit or for 1/2 minute in boiling water. A thermometer
shall be kept in a convenient place near the facilities, for checking the water
temperature. Pouring or spraying water over washed utensils or equipment is
prohibited as a means of bactericidal treatment.
Water used for bactericidal treatment of utensils and equipment shall at
all times during business hours be kept at a temperature of 170 degrees Fahren-
heit, and at all other times while utensils and equipment are being washed and
given bactericidal treatment the water shall be kept at a temperature of 170
degrees Fahrenheit. A Three- compartment sink shall be used with the first com-
partment for washing, the second compartment for rinsing and the third compart-
ment for immersion in water at a temperature of not less than 170 degrees
Fahrenheit.
In the bactericidal treatment by immersion in hot water, or by other
bactericidal treatment methods, all utensils and equipment capable of trapping
air shall be placed in a venting position so that air will not be trapped
therein while in the immersion tank.
(c) Chemical Method - Chlorine - Hypochlorites. This method of bactericidal
treatment shall consist of exposure for at least two minutes in a solution contain-
ing at least 50 parts per million of available chlorine at a temperature not less
than 75 degrees Fahrenheit. The hypochlorites shall be made up at a strength of
100 parts per million or more and shall not be used after its strength has been
reduced below 50 parts per million.
(d) Chemical Method - Chloramine - T. This method of bactericidal treatment
shall consist of exposure for at least two minutes in a solution containing at
least 250 parts per million of chloramine - T at a reaction not greater than pH 7.0
or at least 750 parts per million of chloramine - T at a reaction not more alkaline
than pH 7.5. The chloramine - T shall be made up at a strength of 500 parts per
million or more at a reaction not greater than pH 7.0 or at 1500 parts per million
or more at a reaction not more alkaline than pH 7.5 and shall not be used after
its strength has been reduced below 250 and 750 parts per million respectively.
(e) Chemical Method - Procedures. All utensils and equipment shall be clean
before being subjected to bactericidal treatment by any chemical method.. Chemical
solutions once used shall not be re -used for bactericidal treatment on any
succeeding day. Where chemical treatment is used, a three- compartment sink shall
be required; the first compartment to be used for washing, the second for clean
water rinsing, and the third for chemical immersion.
(f) Chemical Method - Quarternary Ammonium Compounds. This method of
bactericidal treatment shall consist of exposure for a period of at least two
minutes in a solution containing quarternary ammonium compounds. The compounds
used must bear labels approved by the Minnesota State Board of Health and no
quarternary ammonium compounds may be used where the characteristics of the water
-18-
supply vary from day to day. The licensee shall submit to the Village Health
Department evidence of the effectiveness and toxicity of the compound in the
manner proposed to be used before this method may be used. The compound shall
be used in a strength at least equal to the effectiveness of 50 parts per
million of available chlorine, at a temperature of not less than 75 degrees
Fahrenheit. The quarternary ammonium compounds shall be made up at a strength
at least twice that which is equal to the effectiveness of 50 parts per million
of available chlorine at a temperature not less than 75 degrees Fahrenheit.
(g) Chemical Method - Iodine. This method of bactericidal treatment shall
consist of exposure for a period of at least two minutes in a solution containing
at least 12.5 parts per million of free iodine of an iodophor in an acid solution.
The iodine solution shall be made up at a strength of at least 25 parts per
million of free iodine of an iodophor.
(h) Chemical Method Other. Bactericidal treatment may consist of
exposure by total immersion in a solution containing a chemical compound which is
effective and non -toxic in the use concentration. Such compound in use solution
shall provide the equivalent bactericidal effect of a solution containing at
least 50 parts per million of available chlorine at a temperature not less than
75 degrees Fahrenheit , and shall be made up at twice such strength.
(i) Chemical Method - Tests. When chemical compounds are used for
bactericidal treatment, a suitable and readily applicable test for determining
solution concentrations shall be provided in the food establishment.
(j) Other Methods. Any other procedure or process equally as effective
as those described in paragraphs (a) through (i) of this section may be used,
provided the licensee shall submit to the Village Health Department evidence
showing in detail the procedure or process and the effectiveness thereof.
(k) Mechanical Spraytype Washing and Bactericidal Treatment. When mechanical
spraytype washing operations are employed, all multi -use utensils and equipment
shall be pre - scraped, pre - flushed, or pre - soaked. Utensils and equipment shall
be placed in racks or on conveyors in such a way that all food contact surfaces
shall be subjected to unobstructed wash and rinse water sprays. Detergents of
a concentration which will render utensils and equipment clean shall be used at
all times in the wash water. Wash water temperatures shall be at least 140
degrees Fahrenheit except in single tank conveyor type machines in which the
wash water temperature shall be at least 160 degrees Fahrenheit. Flow pressure
of rinse water shall be maintained at all times at not less than 15 pounds nor
more than 25 pounds per square inch. Recirculated rinse water shall be maintained
at a temperature of at least 170 degrees Fahrenheit. The temperature of the
final rinse water shall be at least 180 degrees Fahrenheit at the entrance of the
rinse spray arms of all machines while dishes are being washed. All single tank,
stationary rack machines including but not limited to hood, curtain, and door
types shall have at least a 10 second final rinse. All single tank conveyor
type machines shall have a final rinse at the rate of not less than 6.0 gallons
per minute within the above pressures and the conveyor speed shall not exceed
seven feet per minute.
-19-
1
Fill
1
All multiple tank conveyor type machines shall be provided with a recirculated
rinse at a temperature of at least 170 degrees Fahrenheit. A final rinse shall be
provided. The combination of pump volumes of the wash water and recirculated rinse,
the temperatures, the conveyor speed, the final rinse temperature and volume, and
other related factors shall produce utensils and equipment which are clean and
effectively subjected to bactericidal treatment meeting the bacteriological require-
ments of this ordinance.
(1) Other Tunes of Mechanical Washing and Bactericidal Treatments. Any other
type of mechanical utensil washing machine or device equally as effective as those
described in paragraph (k) of this section may be used; provided, however, the
licensee shall submit to the Village Health Department evidence showing in detail
the procedure, mechanism, process, and the results and effectiveness thereof.
Section 24. Single- Service Utensils.
(a) Delivery and Storage. Single- service utensils shall be delivered to the
food establishment and stored in closed containers which protect the utensils from
contamination at all times between delivery and use thereof.
(b) Handling and Dispensing. Such utensils shall be handled and dispensed
in such a manner as to prevent contamination of food contact surfaces or surfaces
which may come into contact with the mouth of the user.
(c) Use and Disposal. Such utensils shall be used only once. After use they
shall be disposed of in waste receptacles.
(d) Use - Temporary or Mandatory. The use of single - service utensils is
mandatory in all food establishments which do not have facilities meeting the
requirements of this ordinance for cleaning and bactericidal treatment of utensils,
and equipment, and in other food establishments during temporary periods when such
facilities are ineffective because of mechanical failures or other reasons.
Section 25. Special Cleaning and Bactericidal Treatment Requirements.
(a) Oven Utensils and Equipment. Utensils and equipment which routinely go
into ovens for baking purposes and which-are used for no other purpose shall not
be required to be given bactericidal treatment, provided, however, such utensils
and equipment must be washed and rinsed.
(b) Large Equipment and Utensils. Large preparation equipment and utensils,
including but not limited to kettles, mixers, grinders and slicers which exceed
the capacity of the cleaning sinks or vats shall be thoroughly cleaned, rinsed
and subjected to bactericidal treatment after the day's operation, after the
• completion of each meal or after each use, by any of the methods in this ordinance
described or by spraying or swabbing with a chemical of a strength set forth in
Section 23 relative to manual dishwashing and bactericidal treatment or
equivalent method.
(c) Non -Food Contact Surfaces. Non -food contact surfaces shall be kept clean.
(d) Grills. Grills and other cooking surfaces shall be kept clean and free
of incrusted grease deposits and food debris.
-20-
'
_ .f' VeM
_ .. o r. _..._.._.., . .. _ Q.
AAA
0, t.._ ... , _... L, loin
7p; Oil
1
�1
1
(e) Equipment for Deep Fat Frying. Deep fat frying equipment shall be
drained and thoroughly washed and rinsed at least daily and kept free of incrusted
grease deposits and food debris. Grease shall be filtered and kept free of food
debris.
(f) Equipment for Readily - Perishable Food. Where the preparation of readily -
perishable food is on a non - refrigerated, continuous or production -line basis, the
food contact surfaces of equipment and utensils should be thoroughly cleaned and
subjected to bactericidal treatment at intervals of two hours or less.
(g) Cleaning Compounds, Polish and Bactericides. Cleaning compounds and
bactericides shall be kept in a room, cabinet or area separated from food, utensils
and equipment storage, and shall be kept in clearly labeled containers, shall be
dispensed in measured amounts, and shall be non -toxic in use dilutions. There
shall be no poisonous polishing materials on the premises.
Section 26. Sewage.
(a) Sewage Disposal. All water - carried sewage shall be disposed of my means
of the public sewer system of the Village; provided, however, that food vehicles
may dispose of their liquid waste into receptacles carried on the vehicle for that
purpose, but such waste shall ultimately be discharged into the public sewer system.
(b) Plumbing. All waste disposal plumbing or lines, open or closed, which
pass over food preparation areas, food storage areas, utensils and equipment washing
or-storage areas, and areas where food is served,..shall be provided with a one -
piece- constructed metal dripless trough immediately below such waste line and
sloped to drain away from such areas.
(c) Interconnection Prohibited. The safe water system shall not be connected
to the sewer system nor be installed in such a manner.so as to permit the possibility
of back siphonage from the sewer system, waste disposal system, or other source of
contamination.
(d) Grease Traps. Grease traps shall be required in all cases where the
amounts of grease discharged into the sewer system are such that the-grease is not
kept in suspension in the liquid wastes.
(e) Drain Lines. Drain lines from food equipment such as but not limited
to dishwashing machines, ice storage vats, steam tables, ice machines, proofing
cabinets, sinks, refrigerators, potato peelers, and similar equipment shall be
connected to the sewer system through an air gap; provided, however, that sinks
and dishwashing machines may be connected directly to a horizontal sewer line
connected to a floor drain not having a backwater valve.
(f) Floor Drains - Refrigerators. Floor drains directly connected to the
sewer are prohibited in walk -in- coolers or refrigerators.
Section 27. Garbage-and Refuse Containers.
(a) Containers. All garbage and refuse shall be kept in containers constructed
of durable metal or equivalent material which do not leak and do not absorb liquids.
-21-
1
1
. . .. .
• _
. , �
. . mot'
t
.. _., {•' �...
.� -'- J.
:lam T
� e ( � '�l.I ,. ... ,.. _ r
- _
1
1
11
(b) Covers. All garbage and refuse containers shall be provided with lids
or covers which fit tightly over the openings of the containers, and do not
permit the entrance of insects, rodents or other animals. Covers shall be kept
on all garbage and refuse containers within a building when the container is
full, stored or not in continuous use.. Containers shall be kept covered at
all times when they are out of doors..
(c) Cleaning Containers. All,garbage and refuse containers shll be cleaned
immediately after being emptied.
(d) Cleaning Area. All garbage and refuse containers shall be cleaned in a
place which is separate from food preparation areas and which shall be kept clean.
Containers shall not be cleaned in food sinks or in sinks used for washing and
giving bactericidal treatment of equipment and utensils.
(e) Cleaning Supplies and Utensils. Hot water, separate brushes, and
detergents, shall be provided at all places used for washing garbage and refuse
containers. Hoses, can- washing machines, steam cleaning devices, disinfectants,
or other means may be used.
(f) Disposal of Cleaning Water. Waste water from cleaning garbage and
refuse containers shall be disposed of by dumping into the public sewer system
of the Village. .
(g) Number of Containers. There shall be a sufficient number of containers
to hold all of the garbage and refuse which accumulates from the operation of food
establishments.
(h) Daily Removal. All garbage and refuse shall be removed from the premises
daily, or as is required by ordinances.
(i) Garbage Incineration. Where any combustible garbage and refuse is
burned, an incinerator shall be provided which is operated as required by the
ordinances of the Village, and areas around such incinerators shall be kept
free from rubbish, ashes and debris.
Section 28. Garbage and Refuse Storage Area.
(a) Area and Cleanliness. All storage areas indoors or outdoors for garbage
and refuse shall be large enough to hold all of the containers used for storing
garbage and refuse, shall be clean and free from odors, and shall be kept free
from rodents and insects. If located indoors, such areas shall be ventilated to
the outside air.
(b) Refrigerated Garbage Storage. Refrigerated storage areas shall be of
water impervious construction and shall be kept at a temperature of 55 degrees
Fahrenheit or less.
(c) Garbage Grinders - Construction.. Garbage grinders shall be so construct—d
that there are no areas in the machine where food wastes can accumulate, and
adequate clean -outs shall be provided and so located that the waste line connected
to the grinder can be cleaned.
-22-
T•.
F
i�
.I' I31T; .. ?i•,.._ _ 'r :. ._. �� Tr'' ... :. _.. :3- .. .,1" _ _•S `.
Section 29. Holding Temperaturs.
(a) Readily - Perishable Food. All readily - perishable products, except during
necessary periods of preparation and service, shall be kept at or below 40 degrees
Fahrenheit during storage, transportation and display, provided however, if such
readily perishable products after being cooked are not immediately refrigerated to
40 degrees or less Fahrenheit, such food shall be kept at or above 150 degrees
Fahrenheit.
(b) Cream - Filled and Custard - Filled Pastries. Cream - filled and custard -
filled pastries shall be kept at a temperature of 40 degrees Fahrenheit or below
or at or above 150 degrees Fahrenheit during periods of storage, transportation
and display. Fillings shall be refrigerated at or below 40 degrees Fahrenheit
at all times, prior to the filling operation; provided, however, that fillings
need not be refrigerated if they are kept above 150 degrees Fahrenheit after
cooking and until placed into the shell.
(c) Frozen Food. Frozen foods shall be kept at or below 0 degrees Fahren-
heit, except when being thawed or preparation or use. Frozen food shall be thawed
in a refrigerator at a temperature of 40 degrees Fahrenheit or less. No person
shall thaw frozen foods by immersion in water.
Section 30. Wholesomeness. All food in all food establishments shall
be clean, wholesome, free from spoilage, adulterations, and misbranding and shall
be prepared, processed, handled, packaged, transported and stored so as to be
protected from contamination and spoilage and shall be.safe for human consumption.
No home - prepared foods shall be kept or used in any food establishment.
Section 31. Dairy Products. Milk and fluid milk products shall be
served to the consumer in the individual unopened original containers in which
they were received from the distributor, or served from a bulk container equipped
with a sanitary dispensing device; provided however, that cream, whipped cream,
or half and half may be poured from an opened original container for use or
service on the premises, provided further that milk served at hospitals and
institutions may be served from one -quart or two quart containers packaged at a
milk plant, and mixed milk drinks requiring less than one -half pint of milk may
by poured from one -quart or two quart containers packaged at a milk plant. The
dipping or ladling of milk is prohibited, except for immediate cooking purposes,
provided further that this section shall not apply to manufacturing or processing
food establishments which make no sales at retail nor direct sales to consumers.
Section 32. Food Sources. No food shall be stored, prepared, manu-
factured, processed, wrapped, canned, packed, bottled, transported, distributed,
sold or offered for sale, or served in any way, with or without charge, within
the Village of Edina if such food has been obtained from a food establishment
within or without the limits of the Village which do not meet the requirements
of this ordinance.
Section 33. Shellfish. No person shall have or keep in any food
establishment any oysters, clams, mussels, or other shellfish from a source which
has not been approved by the Minnesota State Board of Health or, if the source is
outside the state, from a shipper whose name is not on the current list of State
Certified Shippers issued by the Public Health Service and such approval shall be
evidenced by official stamp on the container. Shucked shellfish shall be kept in
the original container until used. Oysters, clams, mussels and other shellfish,
if served on the shall, must be served in the original shell.
-23-
Section 34. Meat and Poultry Sources. All meat and meat products and
all poultry and poultry meat products received, kept or used in any manner in any
food establishment shall be officially identified as having been inspected for
wholesomeness under the supervision of a licensed veterinarian, and any such
products upon which any such official identification is lost by reason of the
processing thereof shall be identified by the name and location of the processor
thereon.
Section 35. Transportation, Storage, Display and Serving of Food.
(a) General Requirements for Food Protection. After delivery and while being
stored, prepared, displayed, served, or sold in food establishments, transported
between such establishments, all foods shall be protected against contamination
from work surfaces which are not clean, utensils which have not been given
bactericidal treatment, unnecessary handling, flooding by sewage or drainage,
coughs, sneezes, overhead leakage, dust, flies, insects, rodents and other
vermin, or any other source of contamination.
(b) Fruits and Vegetables. All fruit and vegetables shall be washed
thoroughly before being used.
(c) Poultry and Pork. Roast poultry, including stuffing, shall be heated
to a minimum temperature of 165 degrees Fahrenheit throughout, with no interruption
of the initial roasting process. Pork and pork products which have not been specially
treated to destroy trichinae shall be thoroughly cooked to heat all parts of the meat
to at least 137 degrees Fahrenheit. Large thick cuts of pork or pork products shall
be cooked at boiling temperature or baked at oven temperature of not less than 350
degrees Fahrenheit for at least 30 minutes per pound.
(d) Readily - Perishable Food. Readily- perishable foods which are to be served
without further cooking, such as, but not limited to, potato salad, egg salad, and
chicken salad, shall be prepared on surfaces or in containers, with utensils which
are clean, all of which have been subjected to bactericidal treatment.
(e) Hand Care. All foods shall be prepared with a minimum of manual contact
and all persons handling such food shall have hands which are clean and free from
cuts, sores, and bandages.
(f) Protection of Food. During storage, foods not subject to further washing
or cooking before serving, and ready -to -eat foods shall be wrapped, kept im closed
or covered containers, or kept in such a manner as to be protected against contamin-
ation,
(g) Container Care. Food containers that are or may be placed on work tables,
work surfaces, or refrigerator shelves, shall be stored above the floor, on clean
racks, hooks, or other clean surfaces.
(h) Moist Storage Areas. Food stored in rooms which are below street level,
subject to flooding from sewage backflow, or subject to wetting from mopping or
other causes, shall be kept on devices or shelves at least 12 inches above the
floor and so arranged that the underneath area can be readily cleaned.
-24-
lot
_ Stacy. ,
0,
Knit
it �. _ ... :y ..._ _.
••__ . . — ._. s
._ _ ... C• la�, '.
lite-
JL
own
to,
i
El
�_ i
1
(i) Smorgasbord and Buffet Service. All food on display including but not
limited to smorgasbords and buffet service in any food establishment shall comply
with all requirements of this ordinance.
(j) Counter Guards. All unpackaged or unenclosed food on display shP11. e
protected by counter guards or covers so designed as to intersect a direct line
between the customer's mouth and the food.
(k) Implements for Certain Foods. All employees and customers at pelf
service shall use tongs, forks, spoons, picks, spatulas, scoops, or other suitable
implements in serving butter, cubed or cracked ice, cake, pie, bread, rolls, slicri
meats, pickles, olives, relishes, and such foods shall not be touched by hand.
Sugar shall be served in closed dispensers or in individual packages. Cream in
open pitchers and pickles and relishes in open trays shall not b� permitted unless
the entire contents are used or discarded at or after each serving.
(1) Packaged Foods. Food which is wrapped or served in closed containers
or packages, such as but not limited to sugar, syrup, and condiments, may be re-
served. No unwrapped food that has been once served to a customer and no wrapped
food on which the wrapper has been broken shall be served to another customer or
thereafter used in the preparation of food.
(m) Protection in Transporting. The requirements for temperature, for the
storage, for the display, and for the general 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.
Section 36. Cleanliness of Persons Engaged in Food Establishment Operation.
(a) Handwashing. All persons engaged in food establishment operation shall
scrub hands and arms before starting work, and shall wash hands during work hours
after each relief period and after using the toilet room. The hands of all such
persons shall be kept clean while engaged in handling food, utensils or equipment
and they shall keep their fingernails closely and neatly trimmed.
(b) Clothing. The outer garmets of all persons engaged in handling food,
equipment or utensils shall be clean and shall be used for no other purpose than
duty in the food establishment. Hair nets, head bands, caps or other hair
restraints shall be worn by food preparation and serving personnel.
(c) Tobacco. The use of tobacco in any form by persons engaged in food
establishment operation shall be prohibited at all times in rooms'in which food
is prepared or stored, and in rooms in which food is served,at all times when
such persons are on duty.
(d) Expectorating. No person shall expectorate in any room in a food
establishment where food is stored, prepared or served.
(e) Other Practices. No person shall perform any act or engage in any
practice which may contaminate food, equipment or utensils. Clean spoons, knives
and forks shall be picked up or touched only by their handles. Clean cups, glasses,
and bowls, shall be handled without fingers or thumbs contacting the inside surfaces
-25-
or surfaces which come into contact with the mouth. A spoon or other utensil,
once used for tasting of foods shall be cleaned and .subjected to bactericidal
treatment prior to re -use for any purpose. No person shall remove soiled dishes
by placing fingers in glasses or cups, or by picking up utensils by soiled
surfaces instead of handles. No person shall scratch the head, pinch face
pimples, pick the nose, mouth the fingers or pencil, sneeze or cough without
washing the hands immediately thereafter and before continuing or returning to
work.
Section 37. Health and Disease Control. No person while affected
with any disease in a communicable form, or while a carrier of such disease, or
while afflicted with boils, infected wounds, sores, a cough or a cold shall work
in food preparation or serving areas of a food establishment and no owner or °
operator of a food establishment shall employ in such an area any person known
or suspected of being affected with any such disease or condition. If the manager,
owner or operator of the establishment suspects that any employee has contracted
any disease in a communicable form or has become a carrier of such disease, he
shall notify the Health Officer immediately.
Section 38. Dressing Rooms and Lockers.
(a) Separate Rooms Provided. Dressing rooms, separate for men and women,
shall be provided in all food establishments where employees change clothing
within the establishment, and such dressing rooms shall be located outside of
food preparation, storage and serving areas, and utensil or equipment washing
and storage areas.
(b) Lockers Provided. Lockers for personal belongings of employees shall lcl�
provided within dressing rooms or in areas outside of the food preparation,
serving, utensil and equipment washing and storage areas. Personal belongings
including but not limited to coats and other clothing shall be stored in such
lockers and shall not be stored with food, utensils or equipment. Dressing
rooms and lockers shall be kept neat and clean.
Section 39. Insect and Rodent Control.
(a) Insects and Rodents Prohibited. No person shall allow or permit the
entrance, breeding or presence of rodents or insects including, but not limited to,
mice, rats, flies and roaches in any food establishment.
(b) Requirements for Insect and Rodent Control. Stored foods shall be
protected against insect or rodent infestation by covering, wrapping or by
equally effective methods. Rodenticides and insecticides.shall not be permitted
to come into contact with food, food contact surfaces, utensils or equipment.
No area shall be constructed in a manner which provides or is likely to provide
harborage and breeding places for rodents and insects.
(c) Requirements for Insecticides and Rodenticides. All insecticides and
rodenticides shall be in containers which are clearly labeled so that the contents
can be easily identified, and shall be kept in a room, cabinet or area separated
from food, utensil and equipment storage, and shall not be used where food, utensils,
equipment, or employees' clothing are exposed to the spray, the splashing, the
dusting or the settling of such substances.
-26-
Ll
1
Section 40. Housekeeping.
(a) Kept Clean. All parts of all food establishments both inside and out,
shall be kept neat, free of garbage, weeds, refuse, rubbish, waste paper, debris
and litter.
(b) Dusting and Cleaning. Dustless methods of floor and wall cleaning shall
be used, or dust - arresting, sweeping compounds and push - brooms shall be employed;
and all such cleaning except emergency floor cleaning, shall be done during those
periods when the least amount of food is exposed, such as after closing or
between meals.
(c) Use as Living Quarters. No person shall use any area in any food
establishment as living or sleeping quarters. All openings between living or
sleeping quarters and a food establishment shall be equipped with self - closing
solid doors which shall not be allowed to stand open.
(d) Laundry Bags and Receptacles. Non - absorbent receptacles or washable
laundry bags, laundered between every two uses, shall be provided for used or
soiled linens, coats, trousers, dresses and aprons, which shall be kept therein
until removed for laundering.
(e) Animals and Fowls Prohibited. Except for guide dogs accompanying blind
persons on food service areas, no fowl or animal shall be allowed in any food
establishment.
Section 41. Restaurants, Grade A and Grade B. Any license issued for
operation of a restaurant shall designate the restaurant as Grade A or Grade B.
If the license is for the former, it shall comply with all provisions of this
ordinance; if for the latter, it shall comply with all provisions of this
ordinance except for Sections 10 (Floors), 11 (Walls and Ceilings), 13 (Lighting),
14 (Ventilation) and 38 Dressing Rooms and Lockers).
Section 42. Vending Machines. Each vending machine licensed under this
ordinance shall be constructed and maintained as follows:
(a) Each machine shall be filled only with wholesome ingredients which have
been manufactured and packaged under sanitary conditions and transported to the
machine in sanitary containers or vehicles.
(b) The owner or operator of all such vending machines shall, whenever
requested, assist the Village Health Officer in making inspections of the interior
of the machine. Inspections of all machines shall be available to the Village
Health Officer at All times, and the key or keys necessary to gain access to such
machines for the purpose of making an inspection shall be left at a location
readily accessible to the Village Health Officer or his deputies, and not more
than two blocks from any machine. The Health Officer upon obtaining the keys
from such location for the purpose of making an inspection shall sign his name
and the time and date of the taking of the keys for such inspection upon a paper
kept in the location for such purpose, and shall also indicate thereon the time
and date of the return of such key or keys.
(c) Every licensee shall keep and maintain each vending machine in a clean
and wholesome, and sanitary condition at all times.
-27-
(d) Each machine must be so designed as to protect against infestation of
insects, vermin, rodents, and to protect against the entrance of dust, dirt,
rain, overhead leakage, or other sources of contamination, and shall be so
constructed and operated as not to create a rodent harborage, and the surround-
ings shall be so maintained so as not to create an unsanitary and unsightly
condition.
(e) Each machine shall be so designed that it may be readily cleaned. The
walls, floor, ceiling, covers, lads and other physical features shall be of such
construction as to withstand repeated cleaning.
(f) All conveyors, belts, chutes, racks, slides, and tubing shall be of such
construction as to be readily cleaned in place or removable for cleaning operations.
Those parts of each vending machine which come in direct contact with food, such as
receptacles, pipes, valves, and so forth, shall be of smooth construction, free of
breaks, corrosion, open seams, cracks, or chips; shall be readily removable for
cleaning and inspection or shall be easily cleaned in place; shall be non -toxic
in themselves or in combination with food that may come in contact with such
equipment and shall be thoroughly washed and sanitized.
(g) Each vending machine shall be so constructed that it may be opened and
all parts thereof made available for inspection purposes by the Village Health
Officer.
(h) Each vending machine that vends a cup to receive food from such machine
shall have the dispensing opening protected from dust and insect infestation by
means of a manual or mechanical opening device.
(i) The temperature in all vending machines which are dispensing perishable
unfrozen food shall be maintained at all times at not warmer than 40 degrees F. nor
colder than one degree above freezing temperature. Where frozen fresh food is being
vended such temperature shall be maintained at 0 degrees F. or colder at all times.
If required by the Village Health Officer by notice in writing, an automatic
temperature recording device shall be installed and maintained for each such
machine; the charts of the recording device shall be preserved, and dated, and
delivered to the Village Health Officer at least once each 30 -day period or as
requested by him.
(j) Each vending machine which dispenses perishable unfrozen food shall be
equipped with a mechanical device so integrated with the dispensing mechanism that
no perishable food can be obtained from such vending machine after the temperature
in the vending machine shall rise above 45 degrees F. Likewise, any vending
machine dispensing frozen food shall be so equipped that no food can be obtained
therefrom after said temperature rises above 5 degrees F.; and all such machines
shall be so equipped as to return the coin or coins to the prospective purchaser
if no food is dispensed for any reason when a coin is inserted. No food in a
machine where the temperature has exceeded the maximum or minimum above specified
shall thereafter be made available for sale from the machine unless inspected and
approved by the Village Health Officer as safe for human consumption. The pro-
visions of this subsection shall not be applicable to any vending machine which
dispenses only ice cream or carbonated soft drinks.
(k) Each vending machine shall have posted thereon a label or sign stating the
name, address and telephone number of the person responsible for its operation.
IMC
oil' f-
Section 43. Miscellaneous Enforcement Provisions.
(a) Procedure When Infection is Suspected. When there is reasonable cause
to believe that a food establishment owner or employee is a carrier of disease,
the Health Officer is authorized to require any or all of the following;
(1) The immediate exclusion of such person from all food establishments,
(2) The transfer of the services of such person to an area of the food
establishment where there would be no danger of transmitting disease.
(3) Adequate medical examinations of such persons and their associates,
with such laboratory examinations as may be indicated.
(4) The immediate suspension of the license of the food establishment
until in the opinion of the Health Officer no further danger of disease outbreak
exists.
(b) Industry Self - Inspection. Every food establishment shall arrange for a
program of sanitation self - inspection conducted by the owner, manager, sanitation
supervisor, or an agent. Such inspections shall be kept on file for review by the
Health Officer.
(c) Construction - Plan Review. All persons who hereafter construct, exten-
sively remodel or convert buildings or facilities for use as food establishments
shall conform and comply in their construction, erection or alteration with the
requirements of this ordinance. Plans and specifications for such construction,
remodeling or alteration which show layout, arrangement and plumbing and construc-
tion materials of work areas, and location, size and type of equipment and facil_-
ties shall be filed by the owner in the office of the Health Officer. The Building
Official shall not issue a building permit for a food establishment or remodeling
or alteration permit for such establishment until such permits shall have the
approval of the Department of Health endorsed thereon.
(d) Interference With, or Hindrance Of, Health Officer. No person shall
interfere with or hinder any Health Officer in the performance of his duties
under this ordinance or the laws of the State of Minnesota, or prevent his per-
formance thereof.
Section 44. Separability. Should any section, paragraph, subdivision,
clause or other provision of this ordinance be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the
ordinance as a whole nor of any part thereof other than the part so declared to
be invalid.
Section 45. Repeal. Ordinances Nos. 151 and 25 of the Village are
hereby repealed upon the date this ordinance becomes effective, but such repeal
shall have no effect on any proceedings taken thereunder by the Village and pending
on such date, but such proceedings may be continued under said ordinance.
-29-
Section 46.. Penalty. A violation of any provision of this ordinance is
a misdemeanor. Regardless of suspension or revocation of any license, any person
convicted of violating any provision of this ordinance shall be subject to a
penalty of a fine of not exceeding $100.00 or imprisonment in the Village or
County jail for a period of not exceeding 90 days, with costs of prosecution in
case of either fine or imprisonment.
Section 47. This ordinance shall become effective on April 1, 1961.
Adopted this ay of 1961.
(Signed) i
Mayor a-14
ATTEST:
(Signed)
Village Clerk
Courier
Published in the Edina- Morningside
1961.
_. _ � .a.
f
3/27/61
IRI
WHEREAS, the Village of Edina has a municipal swimming pool which
produces revenues in excess of its operation costs; and
WHEREAS,.the Village of Edina has revenue from municipal liquor
store operations:
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village
of Edina, Hennepin County, Minnesota, that this Council request that House File
No. 1403 and Senate File No. 1323, as introduced into the 1961 Session of the
Minnesota Legislature, be enacted into law so that liquor store revenues and
and recreational facilities revenues may be pledged to pay general obligation
bonds issued for the purposes of developing recreational facilities.
Motion for adoption of the Resolution was seconded by VanValkenburg, and on
Rollcall there were four ayes and no nays, as follows. Beim -,aye; Tupa, aye;
VanValkenburg, aye; and Dickson, aye; and the V- soluti9C/waadopted.
llage Clerk
Tem
PLEDGE OF NEW COLLATERAL BY MIDLAND NATIONAL BANK APPROVED. Midland Bank's
pledge of the following collateral in lieu of bond for deposits in the Bank
was approved by motion VanValkenburg, seconded by Tupa and carried:
$15,000 City of Moorhead, Minnesota Certificates of Indebtedness of
1954, 1.90% due February 1, 1964.
$35,000 Independent School District No. 1 Rice County, Minnesota School
Building 2.60% Bonds due January 1, 1964.
HYDRANT RELOCATION COST (6105 TRACY AVENUE) NOT TO BE PAID BY VILLAGE. Manager
Hyde reported the request of the owner at 6105 Tracy Avenue for relocation at
Village expense of a hydrant which he considers to be too 6lose to his driveway.
Mr. Hyde pointed out that the hydrant had been placed before the driveway was
constructed. By common consent of Council Manager was instructed to inform
owner that hydrant relocation expense is not responsibility of the Village.
CLAIMS PAID. Tupa's motion for payment of the following Claims, as per Pre -List
dated March 27, 1961:
General Fund, $28,499.19; Construction Fund, $7,457.50; Park, Park
Construction and Swimming Pool Funds, $4,765.31; Waterworks Fund, $2,107.65;
Liquor Fund, $38,991.00; Sewer Rental Fund, $675.02 - TOTAL, $82 ?496.39 -
was seconded by VanValkenburg and carried.
The evening's agenda's having been covered, Beim moved for adjournment. Motion
seconded by Tupa and carried. Meetin a journed at 9:05 P.M.
Village Clerk