HomeMy WebLinkAboutChapter 1: General Code Provisions and Administration City of Edina General Code Provisions and Administration 100.06
CHAPTER 1. GENERAL CODE PROVISIONS AND ADMINISTRATION
Section 100 - City Code; Penalites for Violation
100.01 Title. This Code may be cited as the"Edina City Code" and is sometimes referred
to in the Edina City Code as "this Code" or "the Code". Reference to the Code or to any
chapter, section, subsection, subdivision or other provision shall be deemed to include
amendments and additions to the Code, or to any such chapter, section, subsection,
subdivision or other provision.
100.02 Numbering System. This Code is divided into general subject areas by numerical
chapters which are further divided into sections. Each section number of this Code consists
of two parts separated by a decimal point. The digits preceding the decimal point indicate
the section number of the chapter. The digits following the decimal point indicate the
subsection. Subdivisions under a subsection are denominated as such.
100.03 Enactment of Ordinances. Ordinances shall be enacted and adopted according
to the procedures of M.S. 412 and Subsections 115.09 and 115.10 of this Code. All
ordinances shall be integrated into this Code as provided in Subsection 100.04.
100.04 Amendments, Additions and Corrections. Ordinances proposing additions or
amendments to the Code shall be assigned appropriate Code numbers and shall be
incorporated into the Code as of their effective date. When an ordinance is integrated into
the Code, there may be omitted from the ordinance the title, enacting clause, section
numbers, definitions of terms identical to those contained in this Code, the clause
indicating date of adoption, and validating signatures and dates. The Clerk, in cooperation
with the City Attorney, may correct obvious grammatical, punctuation, and spelling errors,
correct obvious errors in references to State Law or provisions of this Code, rearrange and
consolidate provisions of this Code and perform like actions to ensure a uniform, well
organized and accurate Code so long as the meaning of this Code is not altered.
100.05 Headings and Index. Chapter, section, subdivision and other titles are not
considered part of the subject matter of this Code but are intended only for convenient
reference and shall not be considered in interpreting this Code except where terms are
defined and the title is necessary to be used to determine the term being defined. The
indexing system is not a part of the subject matter of this Code but is intended only to
facilitate access to Code sections. The history notes and references at the end of any
chapter or section are not a part of this Code, but are intended for convenient reference
and information and shall not be considered in interpreting this Code.
100.06 Availability to the Public. Copies of the Code shall be kept in the office of the
Clerk for public inspection. Copies may be purchased for a reasonable charge.
100 - 1
City of Edina General Code Provisions and Administration 105.05
Clerk. The Clerk of the City.
Construction Board of Appeals. The board which hears and decides appeals of
orders, decisions or determinations made by the Building Official relative to the
application and interpretation of the Building Code, pursuant to Section 204 of the
Uniform Building Code, as defined in Section 410 of this Code.
Council. The Edina City Council.
Council Member. Any member of the Council, including the Mayor.
County. The county of Hennepin, Minnesota.
Engineer. The Director of Public Works and Engineer of the City.
Fire Chief. The Chief of the City Fire Department.
Fire Code. The Minnesota Fire Code and the Uniform Fire Code, as amended and
adopted by Section 605 of this Code.
HRA. The Housing and Development Authority of Edina, Minnesota.
Manager. The Manager of the City.
Mayor. The Mayor of the City.
Mayor Pro Tem: The Council Member chosen by the Council to serve as acting
Mayor in the absence of the Mayor, pursuant to M.S. 412.121.
Owner. In the case of personal property, a person, other than a lien holder, having
an ownership interest in or title to personal property. In the case of real property,
the fee owner of land or the beneficial owner of land whose interest is primarily one
of possession and enjoyment in contemplation of ultimate ownership. The term
includes purchasers under a contract for deed.
Park Director. The Park and Recreation Director of the City.
Person. Any natural individual, firm, partnership, association, institution, company,
corporation or any other public or private entity. As applied to partnerships or
associations, the term includes the partners or members. As applied to corporations,
the term includes the officers, agents and employees.
Planner. The Planner of the City.
Planning Commission. The commission as defined in and continued by Section 805
105 - 2
City of Edina General Code Provisions and Adminstration 105.06
of this Code.
Police Chief. The Chief of the City Police Department.
Sanitarian. The Public Health Sanitarian of the City appointed pursuant to
Section 700 of this Code.
School District. Independent School District No. 273.
Section. A section of this Code unless the reference is expressly made to the
Minnesota Statutes or other law.
State. The State of Minnesota.
Statute. Statutes of the State, referenced in this Code as M.S.
State Law. The State Statutes and rules and regulations of State agencies and
departments.
Treasurer. The Treasurer-Finance Director of the City.
Zoning Board of Appeals. The board as defined and continued by Subsection
850.04 of this Code.
105.06 Deputies. Whenever in this Code reference is made to any office or official of the
City, such reference shall include the duly appointed or designated deputies of such office
or official, unless the context clearly indicates otherwise.
History: None
Reference. M.S. 412.121, 645.44, 645.45
Cross Reference. Sections 300, 410, 605, 700, 805; Subsections 605.05, 850.04
105 - 3
City of Edina General Code Provisions and Administration 110.04
Section 110 - Incorporation of State Law
110.01 Adoption by Reference. Statutes or administrative rules or regulations of the
State or of the Federal Government, their respective agencies or departments, and codes
and ordinances adopted by reference in this Code are adopted under or granted by M.S.
471.62 and by such reference shall be incorporated in and made a part of this Code. One
copy of any rule, ordinance or code so adopted, unless more copies are required by law,
shall be kept by the Clerk for review by the public and the Clerk shall furnish a copy at
cost to any person upon request.
110.02 Official Statutes, Codes, Regulations and Ordinances. References in this Code
to Minnesota Statutes or to Federal Statutes are to statutes in effect on the date of
enactment of this Code, unless otherwise provided in this Code. Reference in this Code to
codes, or rules and regulations of State agencies or Federal agencies, or codes and
ordinances of other municipalities, are to those documents in effect on the date of
enactment of this Code unless otherwise provided in this Code.
110.03 Relation to State Law. The provisions of this Code are to be construed as the
fullest exercise of the regulatory and other powers granted to the City and its officers by
State Law unless otherwise provided. When this Code imposes a more stringent standard
or rule of conduct than imposed by State Law, it is intended that the provisions of this
Code prevail over the State Law, rule or regulation to the extent permitted by law.
110.04 Reference to Minnesota Statute. Use of the letters M.S. in this Code shall mean
and refer to Minnesota Statutes. The numbers following those letters shall refer to the
designated chapter or section of the Minnesota Statutes.
History. None
Reference. M.S. 471.62
110 - 1
City of Edina General Code Provisions and Administration 115.05
Section 115 - The Council, Officers and Surety Bonds
115.01 The Council. The Council will consist of a Mayor and four Council Members.
115.02 Regular Meetings. Regular meetings of the Council will be held on the first and
third Monday of each month at 7:00 P.M. Any regular meeting falling on a holiday will
be held on the following day at the same time and place, unless otherwise specified by the
Council. All meetings will be held at City Hall unless otherwise specified by the Council.
115.03 Special Meetings. The Mayor or any two members of the Council may call a
special meeting of the Council upon at least 24 hours written notice to each Council
Member. The notice shall be mailed to all Council Members at least one day before the
meeting, or be delivered personally to each Council Member or be left at the Council
Member's usual place of residence with some responsible person. The notice shall specify
the business to be transacted at the special meeting. A copy of the notice shall be posted
on the bulletin board at City Hall. Only business specified in the notice shall be transacted
at the special meeting unless all Council Members are present and unanimously consent to
additional business being transacted. Any Council Member present at any special meeting,
or who received the notice thereof, who fails to object and have the objection entered in
the record of the special meeting shall be conclusively presumed to have consented to the
transaction of all business transacted at the meeting, and no later objection may be made
that the notice of the special meeting was defective. A Council Member who is not present
at a special meeting shall not, by such absence, be deemed to have given approval or
disapproval of any action taken at the special meeting.
115.04 Public Meetings. All Council meetings,including special and adjourned meetings
and meetings of Council committees, will be open to the public, except as otherwise
determined by the Council and allowed by State law.
115.05 Presiding Officer.
Subd. 1 Who Presides. The Mayor will preside at all meetings of the Council.
In the absence of the Mayor, the Mayor Pro Tem will preside. In the absence of
both, the Manager will call the meeting to order and will preside until the Council
Members present choose one of their number to act temporarily as presiding officer.
The presiding officer (except the Manager) may make motions, second motions,
speak and vote on any question.
Subd. 2 Procedure. The presiding officer will preserve order, enforce the
Council's rules of procedure, and determine without debate, subject to the final
decision of the Council on appeal, all questions of procedure and order. Except as
otherwise provided by State Law, this Code, or by rules adopted by resolution of the
Council, the proceedings of the Council will be conducted according to Roberts
Rules of Order.
115 - 1
City of Edina General Code Provisions and Administration 115.10
Subd. 3 Appeals. Any Council Member may appeal to the Council a ruling of
the presiding officer. The appeal will be sustained if approved by a majority of the
Council Members present.
115.06 Minutes.
Subd. 1 Recording. Minutes of all Council meetings will be prepared and kept
by the Clerk or other person designated by the Council. Ordinances, resolutions,
and claims need not be recorded in full in the minutes if they appear in other
permanent records of the Clerk and can be accurately identified from the description
given in the minutes.
Subd. 2 Approval. The minutes of each meeting will be reduced to typewritten
form, will be signed by the Clerk or acting Clerk, and will be delivered to the
Council Members. At the next regular Council meeting following the delivery,
approval of the minutes will be considered by the Council, with any proposed
additions or corrections.
115.07 Order of Business. Each meeting of the Council will convene at the appointed
time and place. Council business will be conducted in such order as the Council shall
determine, from time to time, by resolution. The order of business may be varied in the
discretion of the presiding officer, but all public hearings will be held at the time specified
in the notice of hearing, or as soon thereafter as is allowed by matters which are prior in
the order of business.
115.08 Agenda. An agenda of business for each regularly scheduled Council meeting
shall be prepared by the Clerk at the direction of the Manager and filed in the office of the
Clerk. The Mayor may direct exclusion or inclusion of any item on any agenda. The
agenda shall be prepared according to the required order of business and copies shall be
delivered at least to each Council Member and the City Attorney. Any item of business
raised by a Council Member under an agenda heading of"Concerns of Mayor and Council"
or similar heading, and any item of business raised by the Manager under an agenda
heading of"Manager's Miscellaneous Items" or similar heading, shall be deemed appearing
on the agenda as an agenda item.
115.09 Voting. A majority vote of all members of the Council is necessary for approval
of any ordinance unless a larger number is required by Statute or this Code. Except as
otherwise provided by Statute or this Code, a majority vote of a quorum will prevail in all
other cases.
115.10 Ordinances, Resolutions, and Petitions.
Subd. 1 Readings. Every ordinance shall be presented in writing, except in
emergency situations. Every ordinance shall receive two readings before the Council
prior to final adoption. The two readings shall be at Council meetings held on
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City of Edina General Code Provisions and Adminstration 115.12
different days. The second reading may be waived by an affirmative vote of not less
than four Council Members.
Subd. 2 Signing and Proof of Publication. Every ordinance passed by the
Council will be signed by the Mayor, attested by the Clerk, numbered, recorded and
filed in an ordinance book. Proof of publication will be attached to and filed with
the ordinance. No resolution will be published unless State Law requires it to be
published or unless it is directed to be published by the Council.
Subd. 3 Repeals and Amendments. Every ordinance repealing or amending all
or a part of a previous ordinance will give the number of the ordinance or Code
Section to be repealed or amended.
Subd. 4 Petitions. Every petition or other communication addressed to the
Council will be in writing and will be presented to the Council. Each petition shall
be recorded in the minutes by reference.
115.11 Duties of Clerk and of Treasurer. The offices of Clerk and of Treasurer are
hereby established. The duties of each shall be such as are prescribed for those positions
by State Law and by the Manager. The Clerk shall act as secretary of the Council.
115.12 Surety Bonds. The Clerk and the Treasurer shall furnish corporate surety bonds
conditioned for the faithful exercise of their duties and the proper application and payment
upon demand of monies officially received by them. Such surety bonds shall also be
furnished by such other officers and employees of the City as may be required by the
Manager. Unless otherwise prescribed by State Law, the amount of such bonds shall be
fixed by the Council and the premium thereon shall be paid from City funds.
History. Ord 101 codified 1970; amended by Ord 101 Al 8-24-77 and Ord 101-A2
2-15-78
Reference: M.S. 412.111, 412.191, Subd 1 and 2; 471.705
115 - 3
City of Edina General Code Provisions and Administration 120.01
Section 120 - Salaries for Council Members
120.01 Salaries. The salaries of Council Members shall be as follows commencing
January 1, 1989:
Mayor $7,050 Annually
Council Members $5,100 Annually
History. Ord 124 adopted 2-7-74; amended by Ord 124 AI 12-19-74, Ord 124-A2 2-4-74 Ord
124-A3 2-10-77, Ord 124-A4 2-15-78, Ord 124-A5 10-29-80, Ord 124-A6 12-28-88
Reference. M.S. 43A.17, Subd. 9, 415.11
120 - 1
City of Edina General Code Provisions and Administration 125.01
Section 125 - Registration of Voters
125.01 Registration. The system for the permanent registration of voters provided for by
M.S. 201 and rules and regulations promulgated pursuant thereto are incorporated into this
Code by reference, and are hereby made a part of this Code. No voter will be permitted
to vote in any election held in the City unless the person is a resident and is registered as
provided by State Law.
History. Ord 111 codified 1970
Reference. M.S. 201
125 - 1
City of Edina General Code Provisions and Administration 130.03
Section 130 - Election of Council Members
130.01 Date of Flection. The regular City election shall be held biennially on the first
Tuesday after the first Monday in November in every even numbered year.
130.02 Term. Each elected Council Member, including the Mayor, shall serve for a term
of four years. The term of an elected Council Member will commence on the first business
day of January following the election at which the Council Member was elected.
130.03 Staggering of Terms. Two Council Members, other than the Mayor, shall be
elected at each biennial City election. The Mayor shall be elected at every other biennial
City election.
History. Ord 112 codified 1970, amended by Ord 112 Al 2-28-74, Ord 112-1-A2
10-13-76
Reference. M.S. 412.02, Subd. 1; 412.022, Laws of Minnesota, 1970 Chapter 12
130 - 1
City of Edina General Code Provisions and Administration 140.04
Section 140 - Human Relations Commission
140.01 Policy Statement. It is the public policy of the Council to:
A. Work and cooperate with the Board of Education of Independent School District
No. 273, Minnesota (the"School Board") to carry out the purpose and intent of this
Section.
B. Secure for all of the residents of the City freedom from discrimination because
of race, color, creed, religion, age, sex or national origin in connection with
employment,housing and real property,public accommodations,public services and
education.
C. Support the home, family and human relations in the City.
D. Cooperate with the State Department of Human Rights, the Minnesota League
of Human Rights Commissions and other agencies in their programs of human
rights.
140.02 Establishment. To further accomplishment of the above policies, the Human
Relations Commission (the "Commission") is hereby established.
140.03 Duties. The Commission shall:
A. Advise and counsel the Council and School Board on matters relating to
discrimination and human relations referred to herein.
B. Implement such programs of education and community action which are
designed to effectuate the public policy stated in Subsection 140.01 and which have
been approved by the Council.
C. Cooperate with the State Department of Human Rights, the State League of
Human Rights Commissions and other agencies and programs which relate to the
public policy stated herein.
D. Investigate, study, report and undertake other functions as are assigned to local
commissions under and pursuant to M.S. 363, and to discharge its duties under M.S.
363 with regard to specific matters referred to it by the State Commissioner of
Human Rights or filed with it by individuals.
140.04 Membership. The Commission shall consist of 12 regular members, appointed
by the Mayor with the consent of a majority of the Council, but six of the 12 regular
members shall be from a list presented to the Council by the School Board. The
Commission may appoint an ex officio youth member to the Commission to participate in
140 - 1
City of Edina General Code Provisions and Administration 140.06
all discussions. Members of the Commission shall be residents of the City, be appointed
for a term of three years and serve until a successor shall have been appointed. Upon
termination of a member's term, that member's successor shall be appointed for the
remainder of such term. Whenever the term of a member originally proposed by the
School Board expires, that member's successor shall be chosen from a list presented by the
School Board. Members of the Commission shall serve without compensation and may
resign voluntarily or be removed by majority vote of the Council or pursuant to Subsection
180 of this Code. Commission members who discontinue legal residency in the City may
be removed from office by the Mayor with the consent of a majority of the members of the
Council.
140.05 Organization. The Commission shall:
A. Elect from its members a chair and a vice chair, each of whom shall serve for
a period of not more than two years.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be
furnished by the City or the School District. If a secretary is assigned by the City,
the secretary shall perform only such clerical duties on behalf of the Commission as
may be assigned by the chair with the consent of the Manager. Additional advisory
staff may be assigned to the Commission by the Manager.
140.06 Meetings. All meetings of the Commission shall be open to the public, be
governed by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The
Commission shall hold its regular meetings on such fixed date and in such fixed place as
it from time to time shall determine. The minutes of all meetings shall be recorded and
a copy thereof transmitted to each member of the Council and School Board.
History. Ord 106 3-1-73; amended by Ord 106-A 1-16-78, Ord 106-A2 6-27-79
Reference. M.S. 363
140 - 2
City of Edina General Code Provisions and Administration 145.05
Section 145 - Recycling and Solid Waste Commission
145.01 Policy and Establishment. The Council, recognizing the need to conserve natural
resources and discourage waste, and in order to improve thereby the overall welfare of the
citizens of the City, does hereby establish the Recycling and Solid Waste Commission (the
"Commission").
145.02 Duties. The Commission shall assist and advise the Council on matters relating
to the establishment and operation of recycling and solid waste programs and policies in
the City and shall make and furnish such studies, reports and recommendations as the
Council may request.
145.03 Membership. The Commission shall consist of six members appointed by the
Mayor with the consent of a majority of the Council. Members of the Commission shall
be residents of the City, shall be appointed for a term of two years and serve until a
successor shall have been appointed. Upon termination of a member's term, that member's
successor shall be appointed for the remainder of such term. Members of the Commission
shall serve without compensation and may resign voluntarily or be removed by majority
vote of the Council or pursuant to Section 180 of this Code. Commission members who
discontinue legal residency in the City may be removed from office by the Mayor with the
consent of a majority of the members of the Council.
145.04 Organization. The Commission shall:
A. Elect from its members a chair and a vice chair, each of whom shall serve for
a period of one year.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be
furnished by the City. If a secretary is assigned by the City, the secretary shall
perform only such clerical duties on behalf of the Commission as may be assigned
by the chair with the consent of the Manager. Additional advisory staff may be
assigned to the Commission by the Manager.
145.05 Meetings. All meetings of the Commission shall be open to the public, be
governed by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The
Commission shall hold its regular meetings on such fixed date and in such fixed place as
it from time to time shall determine. The minutes of all meetings shall be recorded and
a copy thereof transmitted to each member of the Council.
History. Ord 10710-24-74; amended by Ord 107 AI 11-21-74
Cross Reference. Section 180
145 - 1
City of Edina General Code Provisions and Administration 150.03
Section 150 - Personnel Policy
150.01 Purpose. The purpose of this Section is to establish a system of municipal
personnel administration for all the employees of the City.
150.02 Definitions. For the purpose of this Section, types of employment shall be
defined as follows:
Employee. All employees of the City, regular, temporary, full-time and part-time,
unless restricted by any specific language herein.
Full-Time. Employment where the employee is regularly engaged on a scheduled
basis for a period of at least 40 hours in every seven day work cycle.
PERA. The Public Employees Retirement Association under M.S. 353 (including any
subsequent amendment or replacement).
Regular Full-Time Employment. Employment on a year-round, full-time basis.
Regular Part-Time Employment. Employment on a less than full-time basis but
extending year-round.
Temporary Full-Time Employment. Employment on a full-time basis but for a
limited period only pursuant to a written contract with the City.
Temporary Part-Time Employment. Employment on either a full-time basis or less
than a full-time basis but for a limited period or seasonal period only and for which
there is no written contract with the City.
Year. Unless otherwise provided in this Section, each period starting with the date
of initial employment or any annual anniversary thereof and ending the day before
the then next subsequent annual anniversary of such date.
150.03 Scope of this Section.
Subd. 1 Personnel Covered. Except as otherwise specifically provided, this
Section applies to regular full-time employees, regular part-time employees,
temporary full-time employees, and temporary/seasonal part-time employees of the
City, except the following:
A. All elected officials.
B. The City attorneys.
150 - 1
City of Edina General Code Provisions and Administration 150.04
C. Members of City boards, commissions, and committees.
D. Volunteer fire fighters and other volunteers.
E. The Manager.
Subd. 2 Provisions Inapplicable Under Certain Cases. Any employee included in
a collective bargaining agreement entered into in accordance with the Public
Employment Labor Relations Act (M.S. 179A.01 to 179A.30) shall be exempt from
any provision of this Section which is addressed by such agreement, except,
however, as specifically provided in Subsection 150.10, Subd. 1 hereof. Nothing in
this Section is intended to modify or supersede or to add to or to detract from any
provision of the Veterans' Preference Act, M.S. 197.455, 197.46 and 43A.11, or of
any collective bargaining agreement now in force.
Subd. 3 Benefits. Benefits created or granted by this Section, including, without
limitation, vacation leave, sick leave and severance pay, shall apply to and benefit
only regular full-time employees and not any regular part-time employees,
temporary full-time employees or temporary part-time employees, except as
otherwise specifically provided herein and except as otherwise required by
applicable law.
Subd. 4 Rights, Duties and Benefits. The rights, duties and benefits of each
temporary full-time employee shall be as stated in, and shall be controlled by, that
employee's contract with the City, and not by this Section.
Subd. 5 Provisions. The provisions of this Section shall be subject to all
applicable laws, statutes, rules, sections and regulations, which shall control over
any contrary or inconsistent provisions of this Section.
150.04 Powers and Duties of Manager on Personnel Matters. The Manager shall perform
duties and exercise powers concerning personnel matters as follows:
Subd. 1 Changes to Council. Recommend to the Council such changes in this
Section as the Manager may consider necessary or desirable.
Subd. 2 Changes in Status of Employees. Appoint, promote, transfer, reprimand,
suspend, demote, and dismiss department heads and City employees based on merit
and fitness. Merit and fitness may be determined by such oral, written or other
examinations, investigations or means, as may from time to time be deemed
appropriate by the Manager.
Subd. 3 Classification Plan. Prepare, put into effect and maintain a classification
plan based on duties,responsibilities and authority of the employees within the City.
150 - 2
City of Edina General Code Provisions and Administration 150.06
Subd. 4 Compensation Plan. Prepare and maintain a compensation plan for all
positions in the classification plan.
Subd. 5 Rules and Regulations. Issue rules and regulations governing the conduct
of personnel and the performance of their assigned duties.
Subd. 6 Issuance of Rules and Regulations. Issue such rules and regulations and
perform or cause to be performed such other activities with reference to personnel
administration as may be determined by the Manager to be appropriate.
Subd. 7 Delegation and Revocation by Manager. The Manager, from time to
time, may delegate and, from time to time, may revoke such delegation of any or
all of the Manager's authority granted by or derived from this Section or other
applicable law or statute to such person or persons as the Manager shall designate,
and references to the Manager shall mean and include any such designee.
150.05 Appointments. Every appointment to City employment shall be made by the
Manager, and shall be made on the basis of merit and fitness for the position. Merit and
fitness shall be ascertained by such means as are deemed appropriate by the Manager to
evaluate the ability of the candidate to discharge the duties and responsibilities of the
position subject to the appointment.
Subd. 1 Equal Opportunity. The City shall provide equal opportunity to all
employees and applicants for employment in accordance with all applicable equal
employment opportunity/affirmative action laws,statutes and regulations of federal,
state and local governing bodies, including any such equal opportunity/affirmative
action plans of the City.
Subd. 2 Discrimination. The City shall not discriminate against any employee or
applicant for employment because of race, color, creed,religion,national origin, sex,
disability, age, marital status, or status with regard to public assistance.
Subd. 3 Selection Process. In the selection process for regular full-time
employment in the areas of public safety, public works, park maintenance and such
other areas of City employment as are deemed appropriate by the Manager, the
Manager shall require the person who is offered employment, subject to passing a
physical and psychological examination, to take a physical and psychological
examination.
150.06 Probation Period. The probationary period is hereby determined to be an
integral part of the employee selection process and shall be utilized for observing the
employee's work, for securing the most effective adjustment of the employee to the
position, and for rejecting any employee whose performance does not meet the required
work standards. All regular full-time and regular part-time employees are subject to a
150 - 3
City of Edina General Code Provisions and Administration 150.07
probationary period but temporary full-time and temporary part-time employees shall not
be subject to a probationary period.
Subd. 1 Duration. Every original and every promotional appointment is subject
to a probationary period of 12 months after the appointment. The probationary
period may be extended for up to six months by the Manager for reasons deemed
sufficient by the Manager.
Subd. 2 Termination. The Manager or the Manager's designee may terminate an
employee at any time during the probationary period of that employee. The
employee so terminated shall be notified in writing of the termination and shall not
be entitled to a hearing.
Subd. 3 Completion. Immediately prior to the expiration of the probationary
period, the department head shall notify the Manager, in writing, whether or not
the services of the employee have been satisfactory and whether or not the
employee will continue. If notification states that the employee will be continued,
the probationary period shall end. If the department head is the person about
whom notice is being given, the Manager shall perform the duties of the department
head under this Subdivision.
Subd. 4 Leave Benefits During Probation. During the first six months of each
probationary period, except a promotional probationary period, an employee will
not be entitled to use sick leave or vacation leave. Sick leave and vacation leave
shall accrue from the start of the probationary employment even though not usable
during the first six months of the probationary period.
Subd. 5 Rehire. Any employee who voluntarily or involuntarily leaves the
employment of the City and later is rehired shall be subject to the same
probationary period as a new employee. Such employees shall receive no credit for
prior years of service with the City in terms of pay or seniority status in determining
duty shifts, work assignments or other benefits.
150.07 Compensation.
Subd. 1 Amount. Employees of the City shall be compensated according to the
schedule established from time to time by the Council. Any wage or salary so
established shall be the total remuneration for employment, but shall not be
considered as remuneration which may be allowed for official travel or other
expenses incurred in the conduct of official City business. Unless approved by the
Manager, no employee shall receive compensation from the City in addition to the
salary authorized for the position to which the employee has been appointed.
Subd. 2 Comparable Worth Value. Subject to M.S. 179A.01 to 179A.30 but
notwithstanding any other laws to the contrary, the City established on August 1,
150 - 4
City of Edina General Code Provisions and Administration 150.09
1987, equitable compensation relationships as prescribed by M.S. 471.991 to
471.999. Therefore, compensation of each class of City employee shall be fixed in
compliance with the provisions of those statutes.
Subd. 3 Regular Hourly Rate of Pay. Employees who are compensated at an
hourly rate under the State or Federal Fair Labor Standards Act shall have said
hourly rate computed as provided by applicable law.
Subd. 4 Temporary and Part-time Employees. Whenever an employee is hired to
work on less than a full-time basis or for temporary employment, compensation
shall be paid for the position hired as provided for in the part-time and temporary
compensation plan then approved by the Council. Temporary and part-time
employees are not entitled to sick leave or vacation leave except to the extent
determined necessary or desirable by the Manager for the proper administration of
the City.
Subd. 5 Overtime. Employees to whom either the State or Federal Fair Labor
Standards Act apply shall be compensated for overtime at one and one-half times
the regular rate of pay. To the extent permitted by law and policy then established
by an employee's department head, and which policy has been approved by the
Manager, an employee may accrue and use compensatory time instead of pay at
overtime rates. Overtime shall be paid or compensatory time accrued, for hours
worked in excess of 40 hours within a defined seven-day work period as directed
by a department head and in accordance with the State or Federal Fair Labor
Standards Act and/or applicable Statutes.
Each department head shall be responsible for the accounting and certification to
the payroll clerk of overtime worked and compensatory time taken by each
employee in the employee's department.
Subd. 6 Paydays. Employees shall be paid bi-weekly on alternate Fridays. When
a payday falls on a holiday, employees shall be paid on the preceding work day.
150.08 Work Hours. Work schedules for employees shall be established by the
appropriate department head with the approval of the Manager. The regular work week
for employees is five, eight-hour working days in addition to one 30 minute lunch period
per working day within a seven-day cycle, except as otherwise established by the
department head with the approval of the Manager.
150.09 Vacation Leave With Pay.
Subd. 1 Eligibility. Regular full-time employees shall accrue vacation leave
according to the following schedule. No other types of employees are eligible for
or shall accrue vacation leave with pay.
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City of Edina General Code Provisions and Administration 150.09
Subd. 2 Amount. The following accrual schedule shall apply to eligible
employees:
1 through 5 continuous years of 3.076 hours per pay period
regular full-time employment (10 days per year)
6 through 10 continuous years of 4.61 hours per pay period
regular full-time employment (15 days per year)
11 through 15 continuous years of An additional .307 hours per pay
regular full-time employment period or one additional day of
vacation for each additional year
of service to 15 years of service.
(total at 15 years of service - 20
days per year).
16 years or more continuous 6.154 hours per pay period
service of regular full-time (20 days per year)
employment.
Subd. 3 Conditions Affecting Accrual of Vacation. Although leaves of absence,
under Subsection 150.12 shall be included in the continuous years of service for the
purpose of determining accrual rates, vacation shall not accrue during leaves of
absence under said Subsection 150.12.
Subd. 4 When Taken. Vacation leave may be used as earned, subject to the
approval of the department head to the time at which it is taken and subject to the
provisions of Subd. 4 of Subsection 150.06.
Subd. 5 Minimum and Maximum Amount Used Annually. All regular full-time
employees with over five continuous years of employment shall use a minimum of
five days of vacation per calendar year. All regular full-time employees with over
10 continuous years of employment shall use a minimum of 10 days of vacation per
calendar year. All regular full-time employees with over 15 years of continuous
employment shall use a minimum of 15 days of vacation per calendar year. The
maximum amount of vacation that may be taken during a calendar year is 25 days.
Subd. 6 Terminal Leave. All employees who accrue vacation and who leave
employment with the City in good standing, as described in Subsection 150.16, shall
be compensated for accrued and unused vacation at the date of separation not to
exceed 240 hours.
Subd. 7 Accrual During Leave. An employee using earned vacation leave shall
accrue vacation and sick leave during such use.
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City of Edina General Code Provisions and Administration 150.10
150.10 Sick Leave.
Subd. 1 Eligibility. Every regular full-time employee shall be entitled to and shall
accrue sick leave with pay. No other types of employees are entitled to or shall
accrue sick leave with pay.
Subd. 2 Amount. All employees entitled to sick leave shall accrue sick leave at
a rate of 3.69 hours per pay period.
Subd. 3 Purpose. Sick leave may be granted to employees entitled thereto when
the employee is unable to perform scheduled work duties due to illness/disability,
the necessity for medical, dental or chiropractic care, child birth or pregnancy
disability, illness of the employee's child, or exposure to contagious disease, where
such exposure may endanger the health of others with whom the employee would
come in contact in the course of performing work duties. Sick leave may also be
granted for a maximum of five working days for the serious illness or death of an
employee's spouse, father, mother, spouse's father or mother and resident members
of the employee's household. Sick leave may be granted for a maximum of three
days in the event of the death of an employee's grandparent, grandchild, brother or
sister. The use of such leave shall be subject to the provisions of Subd. 4 of
Subsection 150.06.
Subd. 4 Proof.
A. To be eligible for sick leave with pay, a regular full-time employee shall
report their absence to their supervisor within the first thirty minutes of the
start of that employee's scheduled work period.
B. To be eligible for sick leave with pay, an employee entitled thereto shall
keep their supervisor informed on a daily basis of their condition or the
condition of the family member that is ill and if the absence is of more than
three working days duration, submit a medical certificate in form and
substance acceptable to the Manager or department head. The Manager or
department head shall have the right to verify any reported illness of an
employee by such means as they deem necessary. The employee may also
be required to submit proof, satisfactory to the Manager or department head
of their physical/emotional ability to perform their duties upon their return
from sick leave.
Subd. 5 Penalty. Using or claiming sick leave for a purpose not authorized by
Subd. 3 shall be cause for disciplinary action under Subsection 150.20, including
reprimand, suspension or dismissal.
Subd. 6 Accrual During Leave. An employee using earned sick leave shall accrue
vacation and sick leave during such use.
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City of Edina General Code Provisions and Administration 150.15
Subd. 7 Unused Sick Leave Upon Termination. Upon termination of employment,
there will be no payment for accrued but unused sick leave.
Subd. 8 Applicable Provisions. The provisions of this Subsection except Subd. 1
and Subd. 2 hereof, shall be used to administer sick leave provisions of any
collective bargaining agreements which include City employees.
150.11 Military Leave. Every employee to whom M.S. 192.26 or 192.261, or U.S.C.A.,
Title 38, Section 2021, applies, is entitled to the benefits, but subject to conditions
prescribed therein as required by law.
150.12 Leave of Absence. Except as required by M.S. 181.9412 and 181.945, the
Manager may grant any regular full-time employee a leave of absence without pay for a
period not to exceed 90 calendar days except that the Manager may extend such leave to
a maximum period of 120 calendar days in case the employee is disabled or where
extraordinary circumstances, in the Manager's judgment, warrant such extension. No
vacation or sick leave with pay benefits shall accrue during a leave of absence without pay.
During a leave of absence, health, life insurance, and long term disability insurance
premiums shall be paid by the employee with no contribution by the City.
150.13 Parental Leave. Any employee is entitled to take an unpaid leave of absence in
connection with the birth or adoption of a child. The leave of absence may not exceed six
weeks in duration and when combined with the authorized use of vacation or sick leave,
shall not extend more than 12 weeks after the birth or adoption of the child. The
employee is entitled to return to work at the same position and at the same rate of pay the
employee was receiving before the leave, including any automatic adjustments that
occurred during the leave. Health insurance coverage will remain in effect during the
leave. Vacation and sick leave will continue to accrue during parental leave. The
provisions of this Section shall be subject to and conform with applicable law.
150.14 Jury Duty. When a regular full-time or regular part-time employee performs jury
duty the employee is entitled to compensation from the City equal to the difference
between the employee's regular pay and the amount received as a juror.
150.15 Rest Periods and Holidays.
Subd. 1 Rest Periods. Every employee, when working under conditions where a
break period is practicable, shall be granted a 15 minute break period in each half
of the employee's shift. Each department head shall schedule rest periods so as not
to interfere with work requirements.
Subd. 2 Holidays. The following calendar days and such other days as designated
by the Council are paid holidays: New Year's Day - January 1; Martin Luther King
Jr. Day - the third Monday in January; President's Day - the third Monday in
February; Memorial Day - the last Monday in May; Independence Day - July 4;
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City of Edina General Code Provisions and Administration 150.17
Labor Day - the first Monday in September; Veteran's Day - November 11;
Thanksgiving Day-the fourth Thursday in November; the Friday after Thanksgiving
Day; and Christmas Day - December 25. Also one-half day on Christmas Eve -
December 24, and one-half day on New Year's Eve - December 31, shall be paid
holidays whenever they fall on one of the days Monday through Friday. When New
Year's Day, Independence Day,Veteran's Day or Christmas Day fall on Saturday, the
preceding Friday is the holiday, and should these days fall on Sunday, the following
Monday shall be the holiday. All regular full-time employees are entitled to time
off with full pay on holidays. City Hall shall be closed for business on each such
holiday, but employees may be required to work on paid holidays when the nature
of their duties or other conditions require. An employee required to work on a
holiday shall receive another day off within 30 days as the department head
determines unless consideration is given to this factor in determining work
schedules. Each holiday commences at the beginning of the first shift on the day
on which the holiday occurs and continues for 24 hours. Eligible employees shall
receive pay for official holidays at their normal rate of pay if they are at work or on
a leave of absence with pay the last regular day or shift to which they were or
would have been assigned prior to the holiday and the first regular day or shift to
which they were or would have been assigned following the holiday. In addition
to meeting the foregoing criteria, part-time employees, both regular and temporary,
are entitled to pay on a holiday only if they would normally be scheduled to work
on the day of the week designated as the holiday and they shall be paid only for the
number of hours they would have worked. The Manager, in the Manager's
discretion, may grant paid holidays to individuals for the celebration of certain
religious holy days observed by their particular faith.
150.16 Resignation. Any employee wishing to leave municipal service in good standing
shall file with the employee's department head and the Manager, at least 14 calendar days
before leaving, a written resignation stating the effective date of resignation and the reason
for leaving, and shall be present at work the three consecutive work days prior to the final
date of employment with the City. Failure to comply with this procedure may, at the
discretion of the Manager, be considered cause for denying the employee severance pay or
future employment by the City. Unauthorized absence from work for a period of three
consecutive days may be considered at the discretion of the department head and Manager
as a resignation.
150.17 Severance Pay.
Subd. 1 Special Definitions. The following special definitions apply only to this
Subsection:
Eligible Employee. An employee of the City who is eligible for severance pay
under Subd. 2 of this Subsection.
Pay. The eligible employee's regular basic salary or wage (before any payroll
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City of Edina General Code Provisions and Administration 150.17
deductions) for regular full-time employment in effect on the severance date.
PERA Rules. The requirements for payment of an annuity or benefit from
PERA as of May 31, 1989 (including any changes in such requirements
adopted as of that date, but effective after that date).
Regular Full-Time Employment. Employment with the City where the
employee is regularly engaged for a minimum of 40 hours every seven day
cycle, as determined by the needs and particular customs in the employee's
department.
Severance Date. The last date on which the eligible employee performs
duties in full-time employment.
Subd. 2 Eligible Employees.
A. General Rule. The City shall provide severance pay only to those regular
full-time employees who are no longer in their original probationary period
(as contrasted with a promotional probationary period), who leave
employment with the City in good standing as described in Subsection
150.16, and whose employment ends:
1. Due to total and permanent disability, as determined by PERA
under PERA rules; or
2. After completion of 20 years of continuous service to the City.
B. Special Rule. The Manager, after first receiving the approval of the
Council, is authorized to award severance pay to any employee or group of
employees in regular full-time employment who are terminated due to the
effects of a permanent elimination by the City of any functions or activities
of the City.
C. Exclusion. Employees covered by a collective bargaining agreement shall
not be eligible for severance pay under this Subsection.
Subd. 3 Amount. The eligible employee's severance pay shall be a lump sum
amount equal to six weeks pay.
Subd. 4 When Paid. The City shall pay the severance pay on the payday
immediately following the eligible employee's severance date. For total and
permanent disability, however, the City shall pay the severance pay on the payday
immediately following its receipt of appropriate notice of PERA's determination.
150 - 10
City of Edina General Code Provisions and Administration 150.20
150.18 Grievance Policy. It is the policy of the City insofar as possible to prevent the
occurrence of grievances and to deal promptly with those which occur. An employee may
grieve only those subjects identified within this Section. An employee has five working
days from the date of the occurrence within which to bring the grievance to the attention
of the supervisor. When any employee grievance comes to the attention of a supervisory
employee, the supervisor shall discuss all relevant circumstances with the employee,
consider and examine the causes of the grievance, and attempt to resolve it to the extent
of the supervisor's authority to do so. If the grievance remains unresolved at that level,
the grievance may be appealed to the next administrative level, and so on up to and
including the Manager and Council. The Council's decision concerning a grievance is final.
150.19 Lay-Off. The Manager may lay-off any employee when in the sole and exclusive
judgment of the Manager it is appropriate because of the shortage of work, funding of
positions, changes in the organization or for any other reason.
150.20 Discipline.
Subd. 1 General. All City employees shall be subject to disciplinary action,
including dismissal, for failing to fulfill their duties and responsibilities as
determined by the City. The following grounds may, as deemed appropriate by the
City, be the basis for discipline, including dismissal. These are examples only:
A. Unauthorized possession or use of City property.
B. Refusal or failure to comply with an assignment or order, or to perform
assigned work.
C. Unauthorized absence.
D. Tardiness after warning.
E. Possession, sale, consumption, or under the influence of non-prescription
drugs, alcohol, or other controlled substances while on duty.
F. Violation of law, or of City work rules, policies or practices as deemed
appropriate by the Manager.
G. Failure to perform assigned tasks at a performance level or in a manner
satisfactory to the Manager.
The above are intended to serve only as examples and are not the exclusive grounds
for which the City may discipline, including dismissal. The City reserves the right
to determine that other actions or inaction are grounds for discipline, including
dismissal.
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City of Edina General Code Provisions and Administration 150.20
Employees subject to discipline have the right to pursue the grievance procedure or
hearing procedure as provided for herein.
Subd. 2 Disciplinary Action. As determined by the sole judgment of the City,
disciplinary action may involve any of the following steps, whether or not any
specific progression is followed, as determined by the City:
A. Oral reprimand.
B. Written reprimand.
C. Suspension with or without pay.
D. Demotion or transfer.
E. Dismissal.
Subd. 3 Written Notice to Employee. Before any employee is suspended,
demoted, transferred, or dismissed for disciplinary reasons, the employee shall be
given written notice of the reason(s) for any such proposed action. The employee
shall also be given notice of a hearing to be held before the Manager. The
employee may be accompanied at the hearing by a representative. At this hearing
the Manager shall receive evidence offered in support of the reasons for the
proposed action and evidence as may be presented by or on behalf of the employee.
After the close of the hearing, the Manager shall consider the evidence presented
and make a decision. Notwithstanding the following provisions regarding notice of
proposed action and an opportunity for hearing before personnel action is taken, the
City reserves the right in cases it considers proper, such as those involving safety,
and health considerations, or other hazards affecting the interests of employees or
other persons, or in other appropriate circumstances as determined by the City, to
remove an employee from the performance of duties in whole or in part before any
such hearing is held or decision made pending such decision.
Subd. 4 Findings of Manager. The findings and conclusions of the Manager shall
be in writing, filed with the Clerk, and served on the employee. The decision of the
Manager shall be implemented upon such filing and service.
Subd. 5 Right to Appeal. In cases where the Manager decides to impose
personnel action affecting the employee as a result of proceedings instituted under
this Section, the employee shall have the right to appeal said decision to the
Council. Said appeal must be made in writing and filed with the Manager within
five working days after the notification to the employee of the decision of the
Manager. The appeal and hearing conducted pursuant to any such appeal before
the Council shall be conducted as determined by the Council and may include the
appointment of a committee of the Council to hear the appeal. Such committee
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City of Edina General Code Provisions and Adminstration 150.24
shall prepare findings and conclusions for submission to the Council for its
consideration and action. The action of the Council on any such appeal may affirm,
overrule, or modify the action of the Manager. The findings and conclusions of the
Council on an appeal shall be in writing, filed with the Clerk, and served upon the
employee and the Manager. The Council's action on such appeal shall be final.
Subd. 6 Hearing for Veteran. If the disciplinary action involves the removal of
a veteran, the hearing shall be held in accordance with M.S. 197.46.
150.21 Sexual Harassment. The City is committed to providing a work environment that
is free of sexual harassment. In keeping with this commitment, the City maintains a policy
prohibiting sexual harassment. This policy prohibits sexual harassment in any form,
including verbal and physical harassment.
150.22 Unlawful Acts.
Subd. 1 Falsification of Records. No person shall knowingly make any false
statement, certificate, mark, rating, or report in regard to any test, certificate or
appointment held or made under the City personnel system or in any manner
commit or attempt to commit any fraud preventing the impartial execution of the
provisions of this Section.
Subd. 2 Rendering of Consideration. No person seeking employment to or
promotion in the service of the City shall directly or indirectly give, render, or pay
any money, service, or valuable consideration to any person, on account of or in
connection with the person's test, employment, or promotion, or proposed
employment or promotion.
150.23 Officials Under Workers'Compensation Act. Pursuant to M.S. 176.011, Subd. 9,
the elected officials.of the City and those municipal officials appointed to a regular term
of office or to complete the unexpired portion of a regular term, are hereby included in the
coverage of the Minnesota Workers Compensation Act.
150.24 Political Activity. An employee may not use official authority or influence to
compel a person to apply for membership in or become a member of a political
organization, or to compel a person to pay or promise to pay a political contribution, or
to compel a person to.take part in political activity.
Any employee who shall become a candidate for a federal, state or municipal elective
office, or assume a federal, state or municipal elective office, shall be expected to properly
fulfill the normal employee's duties during such candidacy and while holding such office
and may be disciplined for failure to do so. Also, an employee holding such office shall be
permitted time off from regular employment to attend meetings required by reason of the
public office. Such time off may be without pay, with pay, or made up with other hours,
as agreed between the employee and the Manager.
150 - 13
City of Edina General Code Provisions and Adminstration 150.24
Any employee whose principal employment in the City is in connection with an activity
which is funded in whole or in part by the United States or a federal agency is also subject
to the restrictions and penalties of the Federal Hatch Act. (Title 5, U.S.C.A. § 1501, et.
seq,)
History. Ord 121 codified 1970; repealed and replaced by Ord 12212-6-89
Reference. M.S. 43A.11, 179A.01 to 179A.30, 197.455, 197.46, 211B.09, 211B.10, Subd. 2, 353,
471.991 to 471.999
150 - 14
City of Edina General Code Provisions and Administration 155.04
Section 155 - Disposal of Unclaimed Property
155.01 Custody of Property Belonging to Others. All property belonging to others,
which lawfully comes into the possession of the City in the course of municipal operations
shall be kept in the custody of the Police Chief until claimed by its owner. Such property
shall be surrendered to the owner only upon proof of ownership satisfactory to the Police
Chief, and the payment of any fees, penalties or charges required by State Law or this
Code.
155.02 Disposal of Unclaimed Property. Any such property which has been in the
custody of the Police Chief for a period of 60 days may be sold to the highest bidder at
public sale following not less than two weeks prior notice published in the official
newspaper of the City. All proceeds of sale shall be delivered to the Treasurer and
deposited in a fund entitled "General Fund-Sale of Property". If the owner of any such
property, sold in accordance with this Section, shall furnish evidence of ownership
satisfactory to the Police Chief within six months after the date of sale, the Treasurer shall
deliver to said owner the proceeds of the sale.
155.03 Record. A record shall be kept listing each such item of property, the date and
circumstances under which possession by the City was acquired, the date of publication of
notice of sale, the date of sale and the proceeds.
155.04 Exception. This Section shall not apply to abandoned motor vehicles as defined
in Section 1415 of this Code, or to property forfeited to the City pursuant to M.S. 609.53
through 609.5317.
History. Ord 131 codified 1970; amended by Ord 131 AI 8-23-73
Reference: M.S. 168B, 471.195, 609.53 through 609.5317
Cross Reference. Section 1415
155 - 1
City of Edina General Code Provisions and Administration 160.02
Section 160 - General Licensing Procedures
160.01 Applicability of this Section. The procedures, regulations, conditions,
requirements and penalties set forth in this Section shall be applicable to any particular
license or permit issued by the City, or to issuing, renewing, suspending or revoking the
same, or to the duties and obligations of persons holding the same, only if this Section is
made applicable in whole or in part by the Code provision requiring the license or permit.
The word"license" as used herein shall include permits and the word"licensee"used herein
shall include "permittee".
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 form the applicant shall state the following information:
A. Applicant's full name, date of birth, and business and home addresses; and, if the
application is made on behalf of a partnership, association or corporation, the name
and address of such partnership, association or corporation.
B. If the proposed licensee is a partnership, the full names, dates of birth and home
addresses of all general partners; or, if the proposed licensee is an association or
corporation, the full names, dates of birth and home addresses of its officers and
managers, and of the owners (not to exceed ten) of the largest number of shares of
the business or enterprise.
C. In the case of an application for a license for the carrying on of a trade,
occupation or business, or the storage of substances, the street address of the
premises where such trade, occupation or business shall be conducted or where the
substances shall be stored.
D. In the case of an application for a machine license, the street address of the
premises where the machine is to be kept, and a*description thereof.
E. In the case of an application for a vehicle license, the street address of the
premises where it is to be usually parked, garaged or kept, the name of the
manufacturer, the serial number of the vehicle, and a description thereof.
F. Violation by applicant, or any general partner or officer of applicant of any
licensing provision or suspension or revocation of licenses held by the applicant or
any general partner or officer of applicant in the City or elsewhere.
G. Such other information as is required to be furnished by this Code.
The proposed licensee shall sign the application; or, if the proposed licensee is a
partnership, at least one general partner shall sign; or, if the proposed licensee is an
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City of Edina General Code Provisions and Administration 160.04
association or corporation, at least one officer shall sign. In each case the signer shall have
power to execute contracts of the partnership, association or corporation.
160.03 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 City, in the
amount required by this Code.
B. A surety bond, if one is required, in the amount and conditioned as required by
this Code or State Law. The surety in all cases shall be a corporation authorized to
do so and holding the certificate of the Commissioner of Commerce of the State
showing that it is authorized to contract as a surety. The effective period of such
bond shall expire not sooner than the period of the license applied for. The bond
otherwise shall be on terms and conditions approved by the Manager.
C. A certificate of insurance, if one is required, in an amount required by this Code
or State Law and for a period not less than the period of the license applied for.
Such policy shall be written by a company authorized to do business in the State.
In addition to the certificate, the City may also request the applicant to submit an
insurance policy.
D. Any other documents required to be filed by this Code or State Law.
160.04 Investigation; Approval or Denial. Licenses and renewals shall be granted or
denied by the Manager or by the Manager's deputy, unless otherwise provided by any
specific section of this Code. Conditions may be imposed on the license to ensure
compliance with this Code to protect adjacent property and to protect the health, safety,
and welfare of the City and its citizens. Whenever a request is made by the Manager or
the Manager's deputy, an investigation concerning the applicant, and a written
recommendation upon the application, shall be made by the Sanitarian, Fire Chief, Police
Chief, Building Official, or their deputies, or by any other employees of the City. Issuance
of a license, 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
other required document.
B. Misstatements in the application.
C. Failure to comply with special conditions required by this Code or State Law for
issuance of the license.
D. Violation by applicant or any general partner or officer of the applicant of
licensing provisions or suspension or revocation of licenses held by applicant in the
City or elsewhere, due to activity directly related to the occupation or activity by
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City of Edina General Code Provisions and Administration 160.09
which the license sought and which sufficient rehabilitation has not been established
as provided in M.S. 364.03.
E. Granting the license would be detrimental to the health, safety, morals or
welfare of the residents of the City.
F. Nonpayment by the applicant of any fees or charges owed to the City.
160.05 Denial; Notice to Applicant. If the Manager or the Manager's deputy or other
officer authorized by this Code denies the application for license or renewal, the Manager
or Manager's deputy shall furnish written notice to the applicant of such denial, together
with the reasons for denial. Such notice shall also inform the applicant that the applicant
may:
A. Ask the Clerk to return to the applicant any surety bond or insurance policy the
applicant has filed, but any application fee shall be retained by the City,
B. Submit a new application, or
C. Appeal the denial to the Council.
160.06 Appeal to Council. The applicant may appeal from such denial by filing with the
Clerk a written appeal to the Council. Such appeal shall be heard by the Council within
30 days after it is filed. All interested parties shall be allowed to give testimony to the
Council. The Council may affirm, revise or modify the denial. The Council may impose
conditions on the grant of any license as provided in Subsection 160.04.
160.07 Term of License. Unless otherwise provided by this Code, every annual license
shall expire on the 31st day of December following its date of issuance.
160.08 Occupational License; Posting. A license for the carrying on of a trade,
occupation or business, if granted, shall be issued by the City, shall be serially numbered,
and shall state the name and business address of the licensee, the nature of the trade,
occupation or business licensed, the street address of the premises where such trade,
occupation or business shall be conducted, and the expiration date of the license. The
license shall be posted on the licensed premises so that it can be read by members of the
public.
160.09 Machine or Vehicle License. A license for a machine or vehicle, if granted, shall
be issued by the City, shall state the name and address of the holder of the license, shall
describe the machine, and shall state the street address of the premises where it is licensed
to be kept, or, if a vehicle, the street address where it is usually parked, garaged or kept,
and the expiration date of the license. For each machine or vehicle licensed, the licensee
shall be furnished with a sticker which shall be fastened to the machine or vehicle licensed
160 - 3
City of Edina General Code Provisions and Administration 160.16
so as to be easily discernible. The sticker shall bear only the word "Edina", a sticker
number, and year of issuance.
160.10 Impounding Machines. Any machine or vehicle required to be licensed found in
the City without a current sticker fastened thereto, or found operating in the City after
revocation or suspension of license, may be summarily impounded by the City. 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
describe 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 City unless the person claiming such ownership, within 20 days after
publication of the notice, shall present satisfactory evidence of ownership to the Police
Chief and pay all fines and penalties required by this Code or State Law, and the cost for
hauling and storage of such machine or vehicle. Any such sale shall be pursuant to Section
155 of this Code.
160.11 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 licensed person.
160.12 Liability of Property Owner. No person shall permit any real property owned,
leased or controlled by the person to be used for the conduct of a trade, occupation or
business required to be licensed or for the storage of substances required to be licensed,
or for the maintenance thereon of any machine required to be licensed, without such
license having been obtained.
160.13 Revocation for False Statement. If any applicant for a license or renewal thereof
has knowingly made any false statement in the application for license, the applicant's
license may be revoked.
160.14 Non-Transferable; No Refunds. Unless otherwise provided by the provision of
this Code requiring the license, a license is non-transferable, and the licensee shall not be
entitled to a refund of any license fee.
160.15 Change in Facts in Application. Whenever any change occurs in any fact,
statement or condition stated or described in the license application, the applicant or
licensee shall file a written report of the change with the Clerk, who shall attach the report
to the application on file.
160.16 Enforcement; Suspension, Revocation. If any licensee violates or is in default of
complying with any condition, requirement, duty or rule of conduct imposed upon the
licensee by this Code or by the terms of the license, the Manager or the Manager's deputy
may proceed as follows:
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City of Edina General Code Provisions and Administration 160.16
A. Notify the licensee in writing that the licensee is in violation of one or more
stated provisions of this Section or of any other Section of the Code applicable to
the occupation, machine or vehicle licensed or of any condition of the license. The
notice may state that unless the violation is removed within the period specified in
the notice, but not less than three days, the City may remove the violation and
charge the expense to the licensee, which shall be payable on demand with interest
accrued from the date of the demand until paid. Interest shall be charged at the
lesser of the two rates specified in Subd. 6 of Subsection 100.09 of this Code. At
the end of such period, if the violation has not been removed, the Manager or the
Manager's deputy may order removal of the violation by City employees using City
equipment or by contract between the City and another person. If so removed, the
cost shall be charged to the licensee and shall be payable on demand with interest.
The remedies and provisions of this paragraph A. shall be in addition to, and may
be exercised concurrently with any one or more of, the other remedies and
procedures set out in Subsections 160.16, 160.17 or 100.09, and the exercise of any
remedy or procedure shall not preclude the exercise of any one or more of the other
remedies or procedures at the same time or at different times.
B. When any violation is a substantial threat to the public peace, health, safety or
welfare, or when any violation is not removed within the time allowed under
paragraph A. above, summarily suspend the license.
C. When the Manager or the Manager's deputy has suspended a license, the
Manager or Manager's deputy shall make a written report of the facts and action
taken, and submit it to the Council at its next regular or special meeting. The
Manager or Manager's deputy shall inform the licensee of the date, time and place
of such meeting not less than three days in advance, and of proposed action to be
taken on the license at the meeting. The temporary or summary suspension of
license by the Manager or the Manager's deputy shall continue until such meeting
of the Council, unless the suspension is sooner removed by the Manager or the
Manger's deputy. All persons desiring to be heard shall have the opportunity to be
heard at such meeting. At such meeting, or at any regular or special meeting
thereafter, the Council may order the suspension continued or removed on such
terms and conditions as it may see fit and proper, or may revoke the license. If the
same license has been suspended or revoked by the Council within the previous six
months, it shall be revoked.
D. The Manager or Manager's deputy 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, the Manager shall proceed as under paragraph
C. above, by making a report and submitting it to the Council at its next regular or
special meeting, and by informing the licensee in advance of the date, time, place
and purpose of the meeting. All persons desiring to be heard shall have the
opportunity to be heard at such meeting. At such meeting, or at any regular or
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City of Edina General Code Provisions and Administration 160.23
special meeting thereafter, the Council may order the suspension of the license on
such terms and conditions 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 the Manager's 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, the Manager
or the Manager's deputy may submit the violation to the City Attorney for
prosecution as a misdemeanor.
160.17 Enforcement. With regard to any Code provisions relative to licensing which it
is the Sanitarian's duty to enforce, the Sanitarian shall have all the powers and duties of
the Manager in Subsection 160.16, provided, that any temporary or summary suspension
of license by the Sanitarian under paragraphs A. or B. of Subsection 160.16 may not
extend for more than 48 hours unless the order of suspension is approved and signed by
the Manager. The Sanitarian shall also have the power to post warning signs to the public
on any premises where the conditions or practices pose a substantial danger to public
health and safety.
160.18 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 Section, or any license plate or tag.
160.19 Operation without License. No person shall carry on a trade, occupation or
business, maintain a machine or a sign, store any substance, or operate a vehicle in the
City for which a license is required by this Code, without having a valid license to do so.
160.20 Effect of Suspension or Revocation of License. Whenever a license has been
suspended, it is void until the suspension has been removed. 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 applicable limitations contained in this and other sections of
this Code.
160.21 Suspension or Revocation of License of Firm to Carry on Occupation. Whenever
a license for carrying on a trade, occupation or business issued to a firm, partnership or
corporation has been suspended or revoked, such suspension or revocation shall be
applicable to each individual composing such firm, partnership or corporation.
160.22 Deputy. Any employee of the City authorized by the Manager or by this Code
to take any action under this Section relative to any license shall be deemed to be the
Manager's deputy for purposes of this Section.
160.23 Inspection. Any officer or employee, or deputies thereof, empowered by Section
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City of Edina General Code Provisions and Administration 160.23
175 of this Code to serve notices of violations may enter at all reasonable times upon any
licensed premises, or premises where a licensed machine or vehicle is kept, to inspect such
premises, machine, or vehicle to determine compliance with this Code.
History. Ord 141 codified 1970; amended by Ord 141 Al 11-25-81
Reference. M.S. 364.03
Cross Reference. Section 155, Subsection 100.09
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City of Edina General Code Provisions and Administration 165.04
Section 165 - License Registration and Bond for Building Trades
165.01 License Registration. No person licensed by the State, or any state department
or agency, to carry on any trade, occupation or business and who cannot by State Law be
licensed by the City, shall carry on such trade, occupation or business within the City
unless such person has a then valid license issued by the State, or an appropriate state
department or agency, and a then valid registration of that license with the City. Such
license registration shall be issued by the City, without cost, upon presentation of such
license. The foregoing shall not apply to any journeyman plumber who is employed only
as such.
165.02 Terms of License Registrations. Each license registration and renewal required
by this Section shall expire on the date as provided in Section 160.07.
165.03 Bond or Letter of Credit. Unless prohibited by State Law, (i) every applicant
for a license registration pursuant to Subsection 165.01, and (ii) every applicant for a
license pursuant to Section 430 and Section 1305 of this Code, shall file with such
registration or license application a surety bond that is valid and in force and effect in the
sum of at least $5,000.00 and which complies with the provisions of Subsection 160.03
of this Code. At the option of the applicant, a letter of credit for at least $5,000.00 may
be used in lieu of a bond. The letter of credit shall be irrevocable and unconditional,
issued by a national or state bank with its main office located in the Minneapolis-St. Paul
metropolitan area, and otherwise shall be on terms approved by the Manager. The bond
or letter of credit shall be conditioned that the applicant, as to all material and equipment
furnished by the applicant, and as to all business carried on or all work done, commenced
or performed by the applicant during the term of the license registration shall:
A. Strictly comply with this Code and State Law;
B. Pay all permit fees required by this Code and State Law and penalties imposed
upon the applicant for violations of this Code and State Law;
C. Save the City harmless from all actions or damages arising from the furnishing
of such materials and equipment and the carrying on, doing, commencement or
performance of such work or business; and
D. Reimburse the City for any expenses which it may incur in completing,
reconstructing or repairing any faulty or incomplete work done or to be done by
such applicant.
165.04 Term of Bond or Letter of Credit. The term of the bond or letter of credit shall
be continuing and shall not terminate until 30 days after the date upon which the City
receives written notice of the termination, the notice to be served by registered mail, The
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City of Edina General Code Provisions and Administration 165.04
bond or letter of credit shall provide that the City is the sole obligee and that no other
party is intended to be benefitted by the provisions of the bond or letter.
History. Ord 14212-2-81, amended by Ord 142 AI 4-25-84
Reference. M.S. 364.03
Cross Reference: Sections 430, 1350; Subsections 160.03
165 - 2
City of Edina General Code Provisions and Administration 175.01
Section 175 - Notice of Violation
175.01 Service. The following officers and employees of the City are hereby empowered
to serve a written or printed notice or tag upon persons charged with violations of this
Code or any license or permit issued by the City, or to post a notice or tag at the place of
violation:
A. Police Chief.
B. Building Official.
C. Fire Chief.
D. Sanitarian.
E. Planner.
F. Park Director.
G. Manager.
H. Deputies or agents appointed by or for any of the foregoing.
History. Ord 161 codified 1970; amended by Ord 161 Al 8-10-83
175 - 1
City of Edina General Code Provisions and Administration 180.04
Section 180 - Removal of Members of Boards, Commissions and
Committees
180.01 Purpose. The purpose of this Section is to provide for the removal from office
of those members of various governmental boards, commissions and committees who have
repeated absence from the regularly scheduled meetings of the board, commission or
committee of which they are member.
180.02 Removal. Any member now or hereafter appointed by the Council to any board,
commission or committee who fails to attend three consecutive meetings, whether regular
or special, or who fails to attend any four meetings in any calendar year, whether regular
or special, may be removed from office by the Mayor with the consent of a majority of the
Council Members.
180.03 Vacancies. Any member of a board, commission or committee who has been
removed pursuant to Subsection 180.02 shall be replaced by the appointment of a new
member who shall serve for the remainder of the term of the member removed. The
appointment shall be made in the same manner as original appointments to the board,
commission or committee are made.
180.04 Exceptions. The removal provisions of Subsection 180.02 shall not apply to
members of the Housing and Redevelopment Authority of Edina, the Edina Foundation,the
East Edina Housing Foundation or the Council.
History. Ord 162 adopted 4-4-74; amended by Ord 162 Al 3-6-75, Ord 162-A2 5-16-90
180 - 1
City of Edina General Code Provisions and Administration 185.02
Section 185 - Fees and Charges
185.01 Fees and Charges Required by this Code. Fees and charges shall be payable to
the City as required by the sections of this Code in the dollar amounts set forth in
"Schedule A", attached hereto and made a part hereof.
185.02 Fees and Charges Not Established by this Code. Fees and charges shall be
payable to the City in amounts as established by the Manager or State Law for
miscellaneous items and administrative services including,without limitation,the following:
A. Agendas.
B. Certified copies.
C. Department reports.
D. Fingerprint cards.
E. Land use plans.
F. License or permit fee refund charge.
G. Maps.
H. Minutes of meetings of Council and various boards, commissions
and committees.
I. Notary public.
J. Ordinances.
K. Photo copies.
L. Printed forms.
M. Special searches.
History. Ord 171 adopted 6-17-81
Reference: M.S. 13.03, Subd. 3, 340A.408, 471.707
185 - 1