HomeMy WebLinkAbout2001-07 Technical Corrections EDINA ORDINANCE NO. 2001 -7
AN ORDINANCE PROVIDING TECHNICAL
CORRECTIONS TO THE EDINA CITY CODE
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. Subsection 160.02 of the City Code is amended to read as follows:
"160.02 Application Form. Unless otherwise provided by this Code, the application for license or
renewal of license shall be filed with the Clerk on forms to be provided by the Clerk. On such forms the Clerk
may require the following information:"
Section 2. Subsection 460.05,subd.2 para.A2 is amended to read as follows:
"1. MDD-3 and MDD-4. One sign per development for each frontage not to exceed 50 square
feet."
Section 3. Subsection 605.08 subd. 7 is deleted in its entirety.
Section 4. Subd.2,para. C3 of Subsection 850.04 is amended to read as follows:
4c3. Council Hearings and Decision; Preliminary Zoning Approval. Upon request of the Planner, Manager or
petitioner, and after review and recommendation by the Commission, the Council shall conduct a public hearing
regarding the petition and Preliminary Development Plan. The hearing shall be held not later than 60 days after the
date of the recommendation by the Commission. A notice of the date, time, place and purpose of the hearing shall
be published in the official newspaper of the City at least ten days prior to the date of the hearing. A similar notice
of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly
or partly within 500 feet of the tract to which the petition relates insofar as the names and addresses of such owners
can reasonably be determined by the Clerk from records maintained by the Assessor or from other appropriate
records. After hearing the oral or written views of all interested persons, the Council shall make its decision at the
same meeting or at a specified future date. No new notice need be given for hearings which are continued by the
Council to a specified future date. An affirmative vote of three-fifths of all members of the Council shall be
required to grant preliminary rezoning approval. Provided, however, a rezoning from any residential zoning district
to any nonresidential zoning district shall require an affirmative vote of four-fifths of all members of the Council.
If preliminary rezoning approval is granted, the petitioner may prepare a Final Development Plan. In granting
preliminary rezoning approval,the Council may make modifications to the Preliminary Development Plan and may
impose conditions on its approval. The petitioner shall include the modifications, and comply with the conditions,
in the Final Development Plan, or at another time and by other documents, as the Council may require or as shall
be appropriate."
Section 5. Subd. 2,para. C6 of Subsection 850.04 is amended to read as follows:
6. Council Hearing and Decision; Final Rezoning. Within 60 days after the recommendation on the Final
Development Plan by the Commission, the Council shall conduct a public hearing on the Final Development Plan
in the same manner and with the same notices as required for preliminary rezoning approval. After hearing the oral
and written views of all interested persons, the Council may accept or reject the findings of the Commission and
thereby approve or disapprove the Final Development Plan. An affirmative vote of three-fifths of all members of
the Council shall be required to grant final rezoning approval. Provided, however, a rezoning from any residential
zoning district to any nonresidential zoning district shall require an affirmative vote of four-fifths of all members
of the Council. Approval may be made subject to modifications and conditions which, together with the Council's
modifications and conditions at the time of preliminary rezoning approval and not done and fulfilled by the Final
i
Development Plan, must be fulfilled and met, to the satisfaction of the Planner, before the final approval becomes
effective. Approval of the Final Development Plan shall also constitute final rezoning of the tract included in the
plans, and the publication of the ordinance amendment effecting the zoning change shall thereby be authorized,but
no publication shall be done until any modifications and conditions made by the Council have been met and
fulfilled to the satisfaction of the Planner.
Section 6. Subd.2,para.D3 of Subsection 850.04 is amended to read as follows:
"3. Council Hearing and Decision; Preliminary Zoning Approval. Upon request of the Planner, Manager or
petitioner, and after review and recommendation by the Commission, the Council shall conduct a public hearing
regarding the petition and Preliminary Development Plan. The hearing shall be held not later than 60 days after
the date of the recommendation by the Commission. A notice of the date,time,place and purpose of the hearing
shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of
property situated wholly or partly within 500 feet of the tract to which the petition relates insofar as the names
and addresses of such owners can reasonably be determined by the Clerk from records maintained by the
Assessor. After hearing the oral or written views of all interested persons, the Council shall make its decision at
the same meeting or at a specified future date. No new notice need be given for hearings which are continued
by the Council to a specified future date. An affirmative vote of three-fifths of all members of the Council shall
be required to grant preliminary rezoning approval. Provided, however, a rezoning from any residential zoning
district to any nonresidential zoning district shall require an affirmative vote of four-fifths of all members of the
Council. If preliminary rezoning approval is granted, the petitioner may prepare an Overall Development Plan
for final rezoning approval. In granting preliminary rezoning approval, the Council may make modifications to
the Preliminary Development Plan and may impose conditions on its approval. The petitioner shall include such
modifications, and comply with such conditions, in the Overall Development Plan, or at such other time and by
such other documents, as the Council may require or as shall be appropriate."
Section 7. Subd. 2,para.D6 of Subsection 850.04 is amended to read as follows:
"6. Council Hearing and Decision; Overall Rezoning. Within 60 days after the recommendation on the Overall
Development Plan by the Commission, the Council shall conduct a public hearing on the Overall Development
Plan in the same manner and with the same notices as required for preliminary rezoning approval. After hearing the
oral and written views of all interested persons, the Council may accept or reject the findings of the Commission
and thereby approve or disapprove the Overall Development Plan. Final approval shall require a four-fifths
favorable vote of all members of the Council. Approval may be made subject to modifications and conditions
which, together with the Council's modifications and conditions at the time of preliminary rezoning approval and
not done and fulfilled by the Overall Development Plan, must be fulfilled and met, to the satisfaction of the
Planner,before the final approval becomes effective."
Section 8. Subd. 2,para.E2 of Subsection 850.04 is amended to read as follows:
662. Council Hearing and Decision; Preliminary Rezoning Approval. Upon request of the Planner, Manager or
petitioner, and after review and recommendation by the Commission, the Council shall conduct a public hearing
regarding the petition. The hearing shall be held not later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of the hearing shall be published in the official
newspaper of the City at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed
at least ten days before the date of the hearing to each owner of property situated wholly or partly within 500 feet
of the tract to which the petition relates, insofar as the names and addresses of such owners can reasonably be
determined by the Clerk from records maintained by the Assessor. After hearing the oral and written views of all
interested persons, the Council shall make its decision at the same meeting or at a specified future date. No new
notice need be given for hearings which are continued to a specified future date. An affirmative vote of three-fifths
of all members of the Council shall be required to grant preliminary rezoning approval. Provided, however, a
rezoning from any residential zoning district to any nonresidential zoning district shall require an affirmative vote
of four-fifths of all members of the Council. In granting preliminary rezoning approval, the Council may make
modifications to, and impose conditions on,the proposed rezoning.."
Section 9. Subd.2,para.E3 of Subsection 850.04 is amended to read as follows:
2. Final Rezoning Approval. Upon request of the Planner, Manager or petitioner, after preliminary rezoning
approval has been granted and after the modifications and conditions made and imposed by the Council have been
met and fulfilled to the satisfaction of the Planner, the Council shall place the petition on its agenda and shall
consider final rezoning approval. An affirmative vote of three-fifths of all members of the Council shall be
required to grant final rezoning approval. Provided,however, a rezoning from any residential zoning district to any
nonresidential zoning district shall require an affirmative vote of four-fifths of all members of the Council. Final
rezoning approval shall include authorization to publish the amendment effecting the zoning change. Approval may
be made subject to modifications and conditions which must be fulfilled and met, to the satisfaction of the Planner,
before the final approval becomes effective and before the amendment is published."
Section 10. Paragraph F of Subsection 1230.03 of the City Code is amended to read as follows:
"F. Be in or remain in any vehicle, or park or leave unattended any vehicle, between the hours of 12 midnight
and 6A.M., except when the vehicle is moving upon a street or when permitted by the Park Director."
Section 11. Subsection 1230.03 of the City Code is amended by adding a new paragraph N as follows:
"N. Be in or remain within the park before or after posted hours of operation without the written permission of
the Park Director."
Section 12. Effective Date: This ordinance shall be in full force and effect upon adoption and publication
according to law.
Passed and adopted this 19`h day of September 2001.
First Reading: September 19, 2001
Second Reading: Waived
Published in Edina Sun Current: October 3,2001
' ';
Attest ��,� �'1./ ����-n;--µ--�>�
City Jerk J V Mayor
City of Edina
(Official Publication)
EDINA ORDINANCE NO.2001-7
AN ORDINANCE PROVIDING TECHNICAL
CORRECTIONS TO THE EDINA CITY CODE
THE CITY COUNCIL OF THE CITY OF EDINA 01
DAINS:
lneWs a ers Section 1. Subsection 160.02 of the City Code is amen
ed to read as follows:
AFFIDAVIT OF PUBLICATION °160.02 Application Form. Unless otherwise provi
ed by this Code,the application for license or renewal of i
cense shall be filed with the Clerk on forms to be provid(
by the Clerk.On such forms the Clerk may require the fc
STATE OF MINNESOTA) lowing information:
Section 2. Subsection 460.05, subd. 2 para. A2
SS. amended to read as follows:
"1. NIDD-3 and MDD-4. One sign per development f
COUNTY OF HENNEPIN) each frontage not to exceed 50 square feet."
Section 3. Subsection 605.08 subd.7 is deleted in its e
Gene Carr,being duly sworn on an oath states or affirms,that he is the interim publisher of the tirety
newspaper known as Sun-Current ,
or the president's designated agent, Section 4. Subd. 2,para. C3 of Subsection 850.04
amended to read as follows:
"3. Council Hearings and Decision;PreliminaryZoningA
and has full knowledge of the facts stated below: proval.Upon request ofthe Planner,Manager or petition
and after review and recommendation by the Commissio:
A The newspaper has com lied with all of the requirements constituting qualification as a
the Council Prellminary Developmblic ent
Plan.Th regarding
( ) P q g q tition and Preliminary Development Plan.The hearir
shall be held not later than 60 days after the date of the re
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable ommendationbythe Commission.Anotice ofthedate,tim
place and purpose of the hearing shall be published in tl
official newspaper of the City at least ten days prior to tl
laws, as amended. date of the hearing.A similar notice of hearing shall t
mailed at least ten days before the date of the hearing
(B)The printed public notice that is attached was published in the newspaper once each week, each owner ofproperty situated wholly or partly within 5(
feet of the tract to which the petition relates insofar as tl
names and addresses of such owners can reasonably be d.
for one successive weeks; it was first published on Wednesday, the 3 day of termined by the Clerk from records maintained by the A
sessor or from other appropriate records.After hearing tl
October2001, and was thereafter printed and published on everyWednesday to and oral or written views of all interested persons,the count
shall make its decision at the same meeting or at a specifie
future date.No new notice need be given for hearings whi(
including Wednesday, the day of 2001;and printed below is a copy of are continued by the Council to a specified future date.A
affirmative vote of three-fifths of all members of the Cour
cil shall be required to grant preliminary rezoning approva
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being Provided,however,a rezoning from any residential zonir
district to any nonresidential zoning district shall requu
the size and kind of type used in the composition and publication of the notice: anaffnrmativevote offour-fifthsofallmembers oftheCow
cil.If preliminary rezoning approval is granted,the pet
tioner may prepare a Final Development Plan.In grantir.
abcdefghijklmnopgrstuvwxyz preliminary rezoning approval,the Council may make mo(
ifications to the Preliminary Development Plan and me
.impose conditions on its approval.The petitioner shall ii
Bir, elude the modifications,and comply with the conditions,i
the Final Development Plan,or at another time and by oth(
President and Publisher documents,as the Council may require or as shall be al
propriate."
Section 5. Subd. 2,para. C6 of Subsection 850.04
amended to read as follows:
6.Council Hearing and Decision;Final Rezoning.Withi
Subscribed and sworn t r affirmed befdre me 60 days after the recommendation on the Final Develol
E ment Plan by the Commission,the Council shall conduct
public hearing on the Final Development Plan in the san
on this J day of 2 1. manner and with the same notices as required for prelin
inary rezoning approval.After hearing the oral and wri
I, ten views of all interested persons,the Council may accel
or reject the findings of the Commission and thereby al
prove or disapprove the Final Development Plan.An affi
AJJ mative vote of three-fifths of all members of the Counc
Nota CIbIPc''_f
shall be required to grant final rezoning approval. Provit
NAIEHIEIS M. HEDBI 0M
N'CTA"Y P,1F LiC-1VJNNESOTA
IkAYCOFINA S!ON:=y,PIRES 1.31.2005
..":�':�,,,.i's.?!'. A.�1n:•.n.'i.�'�,.^.rad:FL'1-'L.'�'°+.hP�n:q::':,
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.40 per line
however,a rezoning from.any residential zoning district ��—�d after review and recommendationby the Com-
my nonresidential zoning district shall requue an affix- e Council shall conduct a public hearing regard-
five vote offour-fifths.of all members ofthe Council.Ap- tion.The hearing shall be held not later than 60
val may be made subject to modifications and conditions days after the date ofthe recommendation by the Commis
ich,together with the Council's modifications and con- mon.Anotice ofthe date,time,place and purpose ofthe hear-
ons at the time of preliminary rezoning approval and ;fing;diZbepublished.inthe official newspaperofthe City at
done and fulfilled by the Final Development Plan,must `.least ten days prior to the date ofthe hearing.A similar no-
fulfilled and met,to the satisfaction of the Planner,.be- ,tiee of hearing shall be mailed at least ten days before the
the final approval becomes effective.Approval"of the 'date ofthe hearing to each owner ofpropeity s_iti'ated whol-
ial Development Plan shall also constitute final rezon- ^^Iy or partly within 500 feet of the tract to which the petition
of the tract included in the plans,andthe publication relates,insofar as the names and addresses of such owners
the ordinance amendment effecting the zoning change can reasonably be,determined by the Clerk from records
ill thereby be authorized,but no publication shall bemaiutainedbytheAssessor-Afterhearingtheoralandwrit-
ie until any modifications and conditions made by the ten views of all interested persons,the Council shall make
uncil have been met and fulfilled to the satisfaction of kssdedsion at the same meeting or ata specified future date...j
Planner. No new notice need be given for hearings which are Contin-
ued to a specified future date.An affirmative vote of three
ation6. Subd. 2,para. D3 of Subsection 850.04 isfiftbsofall members ofthe Council shallperequiredtogrant
)ended to read as follows: preliminary rezoning approval.Provided however;a rezon-
Council Hearing and Decision;Preliminary Zoning Ap- ingfrom any residential zoning district to any nonresiden_
)val.Upon request of the Planner,Manager,or petitioner, tial zoning district shall require an affirmative vote of four-
d after review and recommendation by the Commission, friths of all members ofthe Council.In granting preliminary
Council shall conduct a public hearing regarding the pe- rezoning approval,the Council may make modifications to,
ion and Preliminary Development Plan The hearmgshall" andimpose conditions on,the proposed rezoning.'
held not later than 60 days after the.date of the recom-
mdation by the Commission.A notice of the date,time, Section 9. Subd. 2,para:E3 of Subsection 850.04 is
ice and purpose ofthe hearing shall be published in the of- amended to read as follows:
ial newspaper ofthe City at least ten days prior to the date" "2- Final Rezoning Approval.Upon request ofthe Planner,
the hearing.A similar notice ofhearing shall be mailed at Manager or petitioner,after preliminary rezoning approval
ist ten days before the date ofthe hearing to each owner of has been granted and after the modifications'and condi-
aperty situated wholly or partly within 500 feet ofthe tract tions-made and imposed by the Council have been met and
which the petition relates insofar as the names and ad fulfilled to the satisfaction ofthe Planer,the Council shall.
esses of such owners can reasonably be determined by the place the petition-on its agenda and Shall consider final re-
erk from records maintained by the Assessor.Afterhear- zoning approval,An affirmative vote ofthre ranths of all
the oral or written views of all interested persons,.the members of the Council shall be required to grant final re
)until shall make its decision at the same meeting or at a zoning approval.Provided,however,a rezoning from any
ecified future date.No new notice need be given for hear- residential zoning district to any nonresidential zoning dis-
gs which are continued by the Council to a specified future trict shall require an affirmative vote of four-fifths of all
te.An affirmative vote of three-fifths of all members of the members of the Council.;Final rezoning approval shall in
)until shall be required to grant preliminary rezoning ap- dude authorization to publish the amendment effecting the
oval.Provided,however,a rezoning from any residential zoning change:Approval may be made subject to modifica-
ning district to any nonresidential zoning district shall re- )sons and conditions which must be fulfilled and met,to the
Lire an affirmative vote of four-fifths of all members of the satisfaction of the Planner,before the final approval be-
mridl.If preliminary rezoning approval is granted,the pe- comes effective and before the amendment is published."
loner may prepare an Overall Development Plan for final I
zoning approval.In granting preliminary rezoning ap- Section 10. Paragraph F,of Subsection 1230.03 of the
,oval,the Council may make modifications to the Prehmi- City Code is amended to read as follows:
try Development Plan and may impose conditions onitsap- F;"Be in or remain in any vehicle,or'park-or leaveunat-
•oval.The petitioner shall include such modifications,and tended any vehicle,between the hours of 12 midnight and
mply with such conditions,in the Overall Development 6A.M.,except when the vehicle is moving upon a street or
[an,or at such other time and by such other documents,as when permitted by the Park Director."
a require or as shall be appropriate."
ie Council may ui
q Section 11. Subsection 1230.03.of the City.Code is '
action 7. Subd. 2,para.D6 of Subsection 850.04 is amended by adding a new paragraph N'as follows:
mended to read as follows: "N.-Be in or remain within the park before or after posted
i. Council Hearing and Decision;Overall Rezoning.With- hours of operation without the written permission of the
)60 days after the recommendation on the Overall Devel- Park Director."
3ment Plan by the Commission,the Council shall conduct full
-
public hearing on the Overall Development Plan in the Section l2. Effective Date:This ordinance shall be in
rme manner and with the same notices as required for pre- force and effect upon adoption and publication according to
minary rezoning approval.After hearing the oral and writ- law
m views of all interested persons,the Council may accept
r reject the findings ofthe Commission and thereby approve Passed and adopted this 49th day of September 2001.
r disapprove the Overall Development Plan.Final approval _
hall require a four-fifths favorable vote of all members ofthe First Reading: September 19,2001
:ouncil.Approval may be made subject to modifications aqd Second Reading: Waived
onditions which,together with the Council's modifications Published in Edina Sun Current: October 3,2001
nd conditions at the time of preliminary rezoning approval
nd not done and fulfilled by the Overall Development Plan, Dennis Maetozld
lust be fulfilled and met,to the satisfaction of the Planner, Mayor
efore"the final approval becomes effective." Attest
lection 8. Subd. 2,para.E2 of Subsection 850:04 is Debra A.Mangen
mended to read as follows: City.Clerk
2. Council Hearing and Decision;Preliminary Rezoning
approval,Upon request of the Planner,Manager or pet)- (Oct.3,2001)Dl/Ord 2001-7
I