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HomeMy WebLinkAbout1993-01 Supplement Old Pages Li5T' M E M O R A N D U M TO: EDINA CITY CODE BOOK USERS FROM: MARCELLA DAEHN, CITY CLERK SUBJECT: CODE UPDATE DATE: FEBRUARY 3, 1993 Enclosed is the following update for your Edina City Code book pursuant to ordinances adopted by the City Council since the last update of 12/14/92: SECTION 900 - replace pages 900-15 and 900-16 with same numbered replacement pages (Ord. 1993-1 codified - Amending City Code by Repealing Subsection 900.22 - Automatic Termination of Provision Allowing Sale of Intoxicating Malt Liquor) Also enclosed are the following replacement pages for the Edina City Code which will correct minor format errors (i.e. page header, subsection reference, etc.) : SECTION 720 - replace pages 720-31 and 720-32 with same numbered replacement pages SECTION 810 - replace pages 810-15 and 810-16 with same numbered replacement pages J SECTION 1020 - replace page 1020-1 with same numbered replacement page SECTION 1046 - replace pages 1046-3 and 1046-4 with same numbered replacement pages SECTION 1100 - replace pages 1100-3 and 1100-4 with same numbered replacement pages ,t =fi�L l 1L few .z 13 �93 CO c (1,4j tb e- I i Sem t c L4 rere,lCd by n�W'` y /I lh7lv�Ce- evt ti �' !`jGrder Spew [1 be lv U(.! -� L1��Ler � �v YG , �S .f� ✓� - j (��_� 1�he slL��(� � � Ili �(G , G3 City of Edina Liquor 900.24 Subd. 8 State Law. All applicable provisions of State Law shall be complied with in connection with the on-sale of wine. PART F - SPECIAL REQUIRMENTS FOR ON-SALE OF INTOXICATING MALT LIQUOR 900.19 License Requirements. No person, directly or indirectly, upon any pretense or by any device, shall sell at on-sale any intoxicating malt liquor unless such person, and the premises where such sale is to be made, then has in force and effect (i) a license validly issued by the City for the on-sale of wine, and (ii) a license validly issued by the City for the on-sale of non-intoxicating malt liquor. 900.20 Conditions of Sale. In addition to the requirements of Subsection 900.07 and Subsection 900.18, no person, directly or indirectly, upon any pretense or by any device, shall sell any intoxicating malt liquor unless at least 60 percent of the gross receipts of the licensed premises are attributable to the sale of food. 900.21 Affidavit of Percentage of Food Sold. The requirement of Subsection 900.20, that at least 60 percent of the gross receipts of the licensed premises be attributable to the sale of food, shall be established by an affidavit of the licensee, on a form provided by the Clerk. The affidavit shall be given with each application for issuance or renewal of an on- sale wine license. In addition, the licensee shall give such an affidavit at such other times as the Clerk may request. Also, the Clerk, at any time and from time to time, may require that any such affidavit be verified and confirmed, on a form provided by the Clerk, by a Certified Public Accountant who is a member of the Minnesota Society of Certified Public Accountants. Failure or refusal of a licensee to give such affidavit with such application, or on request of the Clerk, or any false statement in any such affidavit, shall be grounds for denial, suspension or revocation of all licenses held by such licensee for the on-sale of non-intoxicating malt liquor or the on-sale of wine. ,J <-900.22 Automatic Termination. The provision of this Part F shall terminate automatically � I (1 �4�';A at 12:01 A.M. on April 1, 1993. No intoxicating malt liquors shall be sold under this �, by Part F after said time and date. PART G - MISCELLANEOUS 900.23 Headings. For purposes of this Section, the Parts A through G and the language with each Part, shall be a part of this Section and used in interpreting this Section. 900.24 License Revocation or Suspension. The penalty and remedy provisions of M.S. 340A.415 are hereby adopted and made a part of this Code and shall be useable by the City to enforce this Section in addition to the provisions of Sections 100 and 160 of this Code. Provided, however, the hearing required by said Statute before a license can be suspended or revoked shall be before the Council and shall be held pursuant to the 900 - 15 City of Edina Liquor 900.25 procedures set forth in Section 160 of this Code. 900.25 Incorporation by Reference. The provisions of M.S. 340A. which are referenced in this Section are hereby adopted and incorporated by reference and made a part of this Section, including all regulations of the Commissioner which relate to such incorporated provisions of M.S. 340A. History. Ord 902 adopted 1-11-84; amended by Ord 902 Al 4-24-85; Ord 902-A2 12-11-85; Ord 902-A3 4-23-86; Ord 902-A4 6-25-86; Ord 902-A6 12-19-89; Ord 902-A 7 5-23-90; Ord 902- A8 3-17-91; Ord 902-A9 3-27-91; Ord 902-A9, Ord 902 A10 4-10-91 Reference: Minnesota Laws 1973, Chapter 441 (Sunday sale licenses for clubs); Minnesota Laws, 1980, Chapter 410 (Sales at Edina Foundation Ball), M.S. 340A, 349 Cross Reference: Sections 100, 160, 185, 720, 850; Subsection 115.12 900 - 16 City of Edina Health 720.23 Mats and duckboards must be of nonabsorbent,nonwood,grease resistant materials. The size, design, and construction of the materials must facilitate easy cleaning. Duckboards must not be used as storage racks. All floors must be kept clean and in good repair, and the use of sawdust and similar material is not permitted. Floor drains must be provided in all rooms where floors are subject to flooding type cleaning or where normal operations release or discharge water or other liquid wastes on the floor. Such floors must be graded to drain. Subd. 2 Walls and Ceilings. The walls and ceilings of all rooms must be kept clean and in good repair. All walls of rooms or areas in which food is prepared, areas where utensils or hands are washed, toilet rooms, janitorial areas, laundry rooms, or garbage or refuse storage rooms must have easily cleanable, smooth, nonabsorbent, washable surfaces to the highest level of splash, spray, or abuse. Wall finishes must be resistant to the wear and abuse to which they are subject. Ceilings must be smooth and easily cleanable. The walls and ceilings must be finished in a light color. Concrete or pumice blocks used for interior wall construction in these locations must be finished and sealed to provide an easily cleanable surface. Subd. 3 Attachments. Light fixtures, vent covers, wallmounted fans, decorative materials, and similar equipment attached to walls and ceilings must be easily cleanable, and must be kept clean and in good repair. Subd. 4 Utility Lines and Pipes. All utility lines and pipes such as electric, gas, water, sewage, and similar waste lines or services must be installed in the walls, under floors, or above ceilings to avoid unnecessary exposure to food equipment, walls, floors, or ceilings. Exposed utility service lines or pipes must be easily cleanable and installed so they do not obstruct or prevent the easy cleaning of food equipment, floor, walls, and ceiling surfaces. 720.23 Lighting. Subd. 1 Source and Amount. Permanently fixed artificial light sources must be installed to provide at least 70 foot-candles of light on all food preparation surfaces and at equipment or utensil washing work levels. A. Permanently fixed artificial light sources must be installed to provide, at a distance of 30 inches from the floor: 1. At least 30 foot-candles of light in utensil and equipment storage areas and in lavatory and toilet areas. 2. At least 20 foot-candles of light in walk-in refrigeration units, dry 720 - 31 City of Edina Health 720.26 Subd': food storage areas, and in all other areas. B. Subdued lighting in dining rooms and public access areas is permissible, provided that lighting meeting the requirements in paragraph A. of this 1 must be available during all clean-up operations. Subd. 2 Protective Shielding. Shielding or coating to protect against broken glass falling onto food must be provided for all artificial lighting fixtures located over, by, or within food storage, preparation, service, and display facilities, and facilities where utensils and equipment are cleaned and stored. Infrared or other heat lamps must be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed. 720.24 Ventilation. Rooms must have sufficient exhaust ventilation to keep them free of excessive heat,steam, condensation,vapors, obnoxious or disagreeable odors,smoke and fumes. All ventilation equipment and facilities, gas or oil fired room heaters, and water heaters must be designed, installed, and operated in accordance with the rules of the Building Code and the Fire Code. Intake and exhaust air ducts must be maintained to prevent the entrance of dust, dirt, and other contaminating materials. A minimum clear overhang of at least six inches is required on all canopy hoods, including all hoods over dishwashers. 720.25 Dressing Rooms and Locker Areas. Subd. 1 Dressing Rooms. If employees routinely change clothes within the establishment, rooms or areas must be designated and used for that purpose. These designated rooms or areas must not be used for food preparation, storage, or service, or for utensil washing or storage. Subd. 2 Locker Areas. Adequate lockers or other suitable facilities must be provided and used for the orderly storage and security of employee clothing and other belongings. Lockers or other suitable facilities may be located only in the designated dressing rooms or areas containing only completely packaged food or packaged single-service articles. 720.26 Poisonous or Toxic Materials. Subd. 1 Materials Permitted. Food service establishments must have only those poisonous or toxic materials necessary for maintaining the establishment, cleaning and sanitizing equipment and utensils, and controlling insects and rodents. Subd. 2 Labeling of Materials. Containers of poisonous or toxic materials must be prominently and distinctly labeled, according to requirements in the Code of 720 - 32 City of Edina Land Use, Platting and Zoning 850-1-1 from and to existing streets. H. The adequacy of streets in the proposed plat or subdivision, and the conformity with existing and planned streets and highways in surrounding areas. Streets in the proposed plat or subdivision shall be deemed inadequate if designed or located so as to prevent or deny public street access to adjoining properties, it being the policy of the City to avoid landlocked tracts, parcels or lots. I. The suitability of street grades in relation to the grades of lots and existing or future extension of the City's water, storm and sanitary sewer systems. J. The adequacy and availability of access by police, fire, ambulance and other life safety vehicles to all proposed improvements to be developed on the proposed plat or subdivision. K. Whether the physical characteristics of the property, including, without limitation, topography, vegetation, susceptibility to erosion or siltation, susceptibility to flooding, use as a natural recovery and ponding area for storm water, and potential disturbance of slopes with a grade of 18 percent or more, are such that the property is not suitable for the type of development or use proposed. L. Whether development within the proposed plat or subdivision will cause the disturbance of more than 25 percent of the total area in such plat or subdivision containing slopes exceeding 18 percent. M. Whether the proposed plat or subdivision, or the improvements proposed to be placed thereon are likely to cause substantial environmental damage. Subd. 2 Lot Dimensions. If the proposed plat is wholly or partially within the Single Dwelling Unit District, then the minimum lot area, lot width, lot depth and lot width to perimeter ratio shall be as follows: A. The minimum lot area, as defined in Section 850 of this Code, shall be the greater of 9,000 square feet, or the median lot area of lots in the neighborhood. B. The minimum lot width, as defined in Section 850 of this Code, shall be the greater of 75 feet, or the median lot width of lots in the neighborhood. C. The minimum lot depth, as defined in Section 850 of this Code, shall be the greater of 120 feet, or the median lot depth of lots in the neighborhood. 810 - 15 City of Edina Land Use, Platting and Zoning 810.12 D. The lot width to perimeter ratio, as defined in Section 850 of this Code, for any lot in the proposed plat or subdivision shall not be less than 0.1. Subd. 3 Additional Considerations. In addition to the foregoing matters, the Commission, in connection with its recommendation to the Council, and the Council in determining whether to approve or disapprove a proposed plat or subdivision, shall specifically and especially consider the following matters: A. Whether the proposed plat or subdivision complies with the policies, objectives and goals of the Comprehensive Plan. B. Whether the proposed plat or subdivision complies with the policies, objectives, goals and requirements of Section 850 of this Code, including, without limitation, the lot size and dimension requirements of Section 850 of this Code, and the Flood Plain Overlay District and Heritage Preservation Overlay District of Section 850 of this Code, as varied by variances therefrom, if any, granted pursuant to this Section or Section 850 of this Code. C. Whether the design of the proposed plat or subdivision, or the design or type of improvements proposed to be placed thereon, may be detrimental to the health, safety or general welfare of the public. D. Whether the proposed plat or subdivision conforms to, and complies with the requirements of, applicable State Law. E. Whether the proposed plat or subdivision complies with the policies, objectives, goals and requirements of this Section, as varied by variances therefrom, if any. 810.12 Responsibility for Improvements; Subdivision Financing; Security; Development Contracts. Subd. 1 Developer's Agreement. After preliminary approval has been given to a plat or subdivision, the applicant shall enter into a Developer's Agreement (herein called the "Agreement") with the City, on terms and conditions determined by the City, and shall cause all street, water, and sewer improvements required by the Planner or Engineer, or by the resolution granting preliminary or final approval, to be completed, pursuant to the Agreement and to the City's then standards and specifications for such improvements. Such Agreement (a) as to improvements to be installed by the applicant shall obligate the applicant to install and complete all such improvements, at applicant's own expense and under the supervision and inspection of the Engineer, and shall obligate the applicant to pay to the City a fee in compensation for such services in an amount equal to 6.5 percent of the total construction cost of all such improvements within 30 days after receipt of a 810 - 16 City of Edina Misdemeanors and Nuisances 1020.02 Section 1020 - False Automatic Alarms 1020.01 Definition of False Alarm. The receipt by the Police Department of an audio or visual alarm or signal from an automatic alarm device set off by causes other than criminal activity. 1020.02 Fee for False Alarm. A fee in the amount set forth in Section 185 of this Code shall be payable to the City for the third and each subsequent false alarm within one calendar year. The fee for a false alarm shall be payable by the owner of the building or premises from which the false alarm was received and shall be payable within ten days after a statement therefor is mailed or delivered by the City. 1 History.A 1361 adopted 6-17-81 Cross Reference. Section 185 1020 - 1 City of Edina Misdemeanors and Nuisances 1046.04 D. Any such vehicle shall not be parked or stored closer to the buildable area for a principal building on an adjoining lot than to the principal building on the lot where parked or stored. E. Notwithstanding the requirements of paragraphs A., B., C., and D. of this Subdivision, any such vehicle may be parked on a temporary basis on a driveway within the required front street setback or side street setback subject to the following requirements: 1. Such vehicle shall not be parked for a period of time exceeding seven days. 2. Such vehicle shall not be parked within 15 feet of the travelled portion of a street and not within five feet of a side or rear lot line. It is the intent of this paragraph to permit the short term parking of such vehicles for loading or unloading purposes and to accommodate the visitors and guests of the residents of the premises. Subd. 2 Lots in All Other Residential Districts. A. Any such vehicle parked or stored outdoors shall be owned or leased by the occupant of the premises where parked or stored. B. Any such vehicle parked or stored outdoors shall be parked or stored only on hard surfaced areas. Subd. 3 Lots in Non-Residential Districts. A. Any such vehicle shall not be parked or stored outdoors for more than 48 hours. B. Any such vehicle shall be parked or stored only on areas improved as a parking area. 1046.04 Other Vehicles. Passenger automobiles and all other vehicles not regulated by Subsection 1046.02 and Subsection 1046.03 may be parked or stored in a garage or lawfully erected building, or may be parked or stored outdoors as follows: Subd. 1 Lots in the R-1. R-2. PRD-1 and PRD-2 Districts. On the driveway but not within 15 feet of the travelled portion of the street or within five feet of a side or rear lot line. Subd. 2 Lots in All Other Residential Districts. On a parking area that is hard surfaced. 1046 - 3 City of Edina Misdemeanors and Nuisances 1046.05 Subd. 3 Lots in All Other Non-Residential Districts. On a parking area that is hard surfaced but not for periods exceeding 48 hours. Provided, however, vehicles may be stored for periods exceeding 48 hours on lots in the PCD-3 District as defined in Section 850 of this Code, which are used for the sale of new or used automobiles or boats. 1046.05 Variances for Recreational Vehicles, Boats, etc. Subd. 1 Variance System Established. The restrictions set out in Subsection o 146 10 3 1045.031"are necessary for the peace, health, safety and welfare of the citizens of the City. It is recognized that there are so many kinds of recreational vehicles, boats, etc. and so many shapes and sizes of lots and land parcels within the City, that no matter what restrictions are placed upon their outdoor parking and storage, hardships will result to some owners of recreational vehicles, boats, etc. and nuisances will result to some non-owners. In an attempt to avoid such hardships and nuisances, this variance system is established. Subd. 2 Application. Any person desiring to locate a vehicle in a location not permitted by Subsection 1046.03 may file a petition for a variance with the Planner on forms provided by the Planner. The applicant shall pay a fee as set forth in Section 185 of this Code. No variances shall be given or allowed for more than the number of vehicles allowed by Subsection 1046.03. Subd. 3 Hearing and Decisions by the Board; Notice. A. Within 30 days after the Planner determines that a variance petition is complete, and all required fees and information have been received, the Zoning Board of Appeals as established by Section 850 of this Code shall conduct a public hearing and after hearing the oral and written views of all interested persons, shall make its decision at the same meeting or at a specified future meeting. Any decision granting a variance may impose P conditions which the Board deems necessary to ensure compliance, protect adjacent properties and promote the peace, health, safety and welfare of the citizens. B. Notice of variance hearings shall be mailed not less than ten days before the date of the hearing to the person who filed the petition for variance and to each owner of property situated wholly or partially within 200 feet of the property to which the variance relates insofar as the names and addresses of such owners can be reasonably determined by the Planner from records maintained by the Assessor. Subd. 4 Appeal. The applicant, any owners to whom notice of the hearing was given, or any member of the staff of the City, may appeal a decision of the Board to the Council, by filing a written notice of appeal with the Clerk within ten days 1046 - 4 City of Edina Public Utilities 1100.05 Subd. 3 Basis for Sewer Charge. The basis for the sewer charge shall be: A. For all uses except single dwelling unit and double dwelling unit buildings as defined by Section 850 of this Code, the quantity used for computing the sewer charge shall be equal to either (i) the metered quantity of water used during each billing period or (ii) the metered discharge to the sanitary sewer system during each billing period if the building is equipped with a sewage metering device. B. For single dwelling unit and double dwelling unit buildings, as determined by Section 850 of this Code, the metered usage of water as computed following the meter reading taken in February, March, or April of each year shall be used to determine the sewer charge for each subsequent billing period for that year. C. Buildings which are not connected to the City water system, and which are not required by Subd. 1 of this Subsection to have a sewage metering device shall be charged the minimum sewer charge provided by Section 185 of this Code. D. Metered water services used exclusively for irrigation purposes shall not be required to pay a sewer charge. Subd. 4 Basis for Water Charge. The basis for the water charge shall be the metered usage of water pursuant to Subd. 2 of this Subsection. Subd. 5 Billing. Following the recording of a meter reading the City shall render a bill to the owner, lessee, or occupant of the property so metered. The amount of the bill shall be based upon (i) the metered usage of water or sewer services times the rates established by Section 185 of this Code, (ii) industrial user extra strength charges sent to the City by the Metropolitan Waste Control Commission for collection, (iii) any other charges permitted by this Section. Subd. 6 Payment, Loss of Discount, Interest. All bills shall be payable at the City Hall within 21 days of the date rendered. Bills not so paid lose any discount offered, and the full amount of the bill shall be payable after the said 21 days. Bills not paid within 30 days of the date rendered shall be charged interest at a rate equal to the lesser of (i) the highest rate allowed by law, or (ii) two percentage points in excess of the rate charged by the City on special assessments. 1100.05 Delinquent Accounts, Collection, Termination of Service. Subd. 1 Notice. If payment is not received within 60 days of the date the bill for water or sewer services was rendered, the City shall issue a notice to the person whose name appears on the City's records as being responsible for the account. A ' 1100 - 3 ' I City of Edina Public Utilities 1100.05 copy of the notice shall also be sent to the owner or manager of the property if different than the account holder. The name and address of the owner shall be determined from records maintained by the Assessor or other appropriate records in the City. The notice shall state that: A. The City intends to terminate water service (if the property is served by City water); B. The reason for the proposed termination of service; C. The City may certify the delinquent charges to the County for collection in accordance with Subd. 4 of this Subsection; D. The City may seek collection of the delinquent charges by any other remedies; and E. The time period provided prior to termination of the water service and prior to certification with the County or before other collection remedies are begun, for (i) paying the delinquent bill, (ii) requesting an opportunity to discuss the delinquent bill with a City employee designated by the Manager and identified in the notice, (iii) requesting a hearing pursuant to Subd. 2 of this Subsection. The time period provided in the notice shall be not less than ten days after the date of the notice. Subd. 2 Hearing. If the notice given in accordance with Subd. 1 of this Subsection provides for the termination of the water service, the person who is responsible for the delinquent account may file a written appeal with the Clerk. The appeal must be filed within ten days of the date of said notice. All appeals under this Subdivision shall be heard by the Council. The hearing shall be held not later than 30 days after receipt of the appeal. A notice of the date, time, place and purpose of the hearing by the Council shall be mailed not less than ten days prior to the hearing to the person who filed the appeal. No action shall be taken by the City to terminate the service, certify to the County for collection, or exercise other remedies until the appeal is decided by the Council. After hearing the oral and written views of the person filing the appeal, other interested persons and City staff, the Council shall make its decision at the same meeting or at a specified future meeting. Subd. 3 Termination of Water Service. The City may proceed to terminate the water service if: A. Payment is not received within the time period provided in the notice and no appeal is received within ten days of the date of the notice; or B. An appeal is received within ten days of the date of the notice, and the 1100 - 4