HomeMy WebLinkAbout1994-05 Supplement Old Pages 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: DECEMBER 13, 1994
Enclosed are the following updates for your Edina City Code book pursuant to
ordinances adopted by the City Council since the last update of 05/03/94:
SECTION 1200 - replace Section 1200 with enclosed replacement
Section 1200
SECTION 1230 - replace Section 1230 with enclosed replacement
Section 1230
(Ord. 1994-6 - Amending Section 1200 and 1230 of the City Code to
Permit Sidewalk Cafes)
SECTION 460 - replace Section 460 with enclosed replacement
Section 460
(Ord. 1994-7 - Amending Section 460 to Provide New Requirments for
Projecting Signs)
SECTION 150 - replace Section 150 with enclosed replacement
Section 150
(Ord. 1994-8 - Amending Section 150 to Clarify Vacation Accrual and
Provide for Policies Concerning Drug Free Workplace and
Family and Medical Leave)
SECTION 605 - replace Section 605 with enclosed replacement
Section 605
(Ord. 1994-9 - Amending Section 605 to Provide Updates to Various
Fire Codes)
SECTION 900 - replace Section 900 with enclosed replacement
Section 900
(Ord. 1994-10 - Amending City Code by Repealing Subsection 900.26 -
Automatic Termination of Provision Allowing Sale of Wine or
Intoxicating Liquor Commencing at 10:00 A.M. Sundays)
SECTION 850 - replace pages 850-49 and 850-50 with enclosed replacement
pages 850-49 and 850-50
(To correct typo error in Subsection 850.07, Subd. 17 paragraph B. -
reference should be to Section 1046. )
City of Edina Streets and Parks 1200.02
CHAPTER 12. STREETS AND PARKS
Section 1200 - Use and Maintenance of Streets
Alleys, Sidewalks, Easements, Parks, and
Other City Owned Property
1200.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection:
Alley. A public right-of-way owned by the City or over which the City owns an
easement which is less than 30 feet in width and which is used or is usable as a
public thoroughfare.
Boulevard. That portion of a street not occupied by the traveled portion of the
street or a sidewalk.
Easement. An easement owned by the City for any public purpose.
Park. Property owned by the City which is used or is usable for park, recreation or
open space purposes.
Public Grounds. Any land owned by the City, or over which the City owns an
easement, including streets and alleys.
Sidewalk. An improved thoroughfare located on a public right-of-way or public
easement limited to usage by pedestrians and non-motorized vehicles.
Street. A right-of-way owned by the City or over which the City owns an easement
which is 30 feet or more in width and which is used or is usable as a public
thoroughfare.
1200.02 Encumbrances or Obstructions.
Subd. 1 Prohibited Encumbrances or Obstructions. Except as provided in
Subd. 2 of this Subsection, no person shall obstruct, encroach upon, encumber, or
interfere wholly or partially, with any street, boulevard, alley, sidewalk, easement,
park or public ground by placing or installing any of the following:
A. Curbing or pavement.
B. Fences or landscaping.
C. Buildings or structures.
1200 - 1
City of Edina Streets and Parks 1200.02
D. Refuse, as defined in Section 705.
E. Combustible materials.
F. Implements, tools, boxes, merchandise, goods, or cans.
G. Corn poppers, peanut roasters, ice cream containers, vending or food
carts or islands.
H. Construction material, including sand, gravel, sod or other earthen
material.
I. Snow or ice.
J. Posts, pillars, or other supports for awnings, canopies or other structures.
K. Signs.
L. Wires or cables above a street, alley or sidewalk.
Subd. 2 Exceptions. The following are exceptions to Subd. 1 of this Subsection:
A. Any activities undertaken by the City.
B. The deposition of snow and ice by snow and ice removal operations of
the City, County or State.
C. The deposition of snow and ice from privately owned property provided
that such snow and ice is deposited only upon boulevards and adjacent to
and not separated by the traveled portion of the street from the private
property from which the snow or ice is removed.
D. Vehicles parked on streets in accordance with Section 1400 this Code.
E. Driveways installed and paved on a boulevard in accordance with the
requirements of Section 1205 of this Code.
F. Shade trees planted on boulevards, provided that the following species
are prohibited unless permission is granted in writing by the Park Director:
1. Willows.
2. Elms.
3. Box Elder.
1200 - 2
City of Edina Streets and Parks 1200.02
4. Cottonwood, aspen, poplar or other members of the genus
Populus.
5. Pine, spruce, fir, yew or other conifers.
6. Silver maple.
G. Trees, shrubs, landscape materials, fences, driveways and parking lots
installed on easements held by the City for underground utility purposes.
H. Trees and other plantings which overhang the travelled portion of streets
provided that no portion of such tree or planting is less than 16 feet above
the travelled portion of the street.
I. Grass clippings and leaves placed in containers on boulevards subject to
Subsection 705.04 of this Code.
J. Privately owned bus stop benches and street furnishings and publicly
owned bus stop shelters placed on streets, sidewalks and boulevards subject
to the written approval of the Engineer as to location so as to avoid danger
to vehicles and pedestrians.
K Newspaper vending machines and U.S. Postal Service drop boxes placed
on sidewalks and boulevards subject to the written approval of the Engineer
as to location so as to avoid danger to vehicles and pedestrians.
L. Awnings not supported by posts or pillars which extend over sidewalks
provided that not less than eight feet of clearance is provided between the
sidewalk elevation and the lowest point of the awning.
M. Mail boxes subject to U.S. Postal Service standards, provided that mail
boxes which are integral to a structure must be approved in writing by the
Engineer.
N. Installed sprinkler systems provided that the system shall be maintained
by the owner of the adjacent property.
O. Wires or cables installed by a public utility.
P. Pushcarts as defined in Section 720 of this Code placed on sidewalks and
public walkways within the area included in the plan prepared by the HRA
entitled "50th and France Commercial Area Plan" dated December 3, 1974,
subject to a permit issued pursuant to Subsection 1230.02 of this Code.
1200 - 3
City of Edina Streets and Parks 1200.05
1200.03 Sidewalks.
Subd. 1 Snow and Ice Removal. All snow and ice shall be removed from a
sidewalk by the owner of the property adjoining the sidewalk within 48 hours of
the cessation of the precipitation.
Subd. 2 Maintenance of Sidewalks. No owner of any property adjoining a
sidewalk shall permit any plank, brick, stone or segment of the sidewalk to be raised
above the established level of the sidewalk by more than one half inch or permit
any holes or depressions to occur in which a pedestrian may trip.
Subd. 3 Maintenance of Boulevards. Every owner of property adjoining any
public street or alley shall cause the grass or weeds to be cut or mowed from the
lot line adjoining such street or alley to the center of such street or alley. The
standards contained in Section 1050 of this Code shall apply to grass and weeds
located on the boulevard.
Subd. 4 Exemption. Subd. 1 and Subd. 2 of this Subsection shall not apply to
owners of property adjoining sidewalks that were constructed in whole or in part
with Municipal State Aid Funds or sidewalks located upon rights-of-way controlled
by the County or State.
1200.04 Miscellaneous.
Subd. 1 Removal of Barricades. No person shall remove, run over, relocate, or
interfere with any barricade placed by the City, County, State, or any private utility
company.
Subd. 2 Uncompleted Construction. No person shall walk upon or drive a
motorized or non-motorized vehicle across any street, alley or sidewalk which has
not been opened for travel by the public.
1200.05 Abatement of Nuisance. Any obstruction or encumbrance as described in
Subd. 1 of Subsection 1200.02 or any snow or ice not removed from a sidewalk as
provided in Subd. 1 of Subsection 1200.03 or any defect in a sidewalk as described in
Subd. 2 of Subsection 1200.03 or grass or weeds not cut as provided in Subd. 3 of
Subsection 1200.03 is hereby declared a nuisance. After at least seven days written notice
to the person responsible for the nuisance, the City may cause said nuisance to be removed
or abated and the cost of removal or abatement may be charged and assessed against the
property owned by the person responsible for the nuisance. Such charge and assessment
shall be doneP ursuant to Subd. 4 of Subsection 1200.06. When so assessed the cost shall
be certified to the County Auditor for collection as other taxes are collected. The name and
address of the person responsible for such nuisance shall be obtained from records
maintained by the Assessor.
1200 - 4
City of Edina Streets and Parks 1200.06
1200.06 Work Undertaken by the City.
Subd. 1 Items of Work. Pursuant to Chap. 59, State Laws of 1988, the City may
undertake the following items of work:
A. Removal of snow, ice and rubbish, including litter, from sidewalks, streets
and alleys and public parking facilities.
B. Elimination of weeds, including aquatic weeds, from sidewalks, streets,
alleys, waterbodies and other public or private property.
C. Sweeping, oiling, sprinkling or other dust treatment of public streets or
alleys, including incidental maintenance work.
D. Trimming and care of trees and the removal of unsound or diseased trees
on streets or alleys.
E. Repair of sidewalks and alleys.
F. Operation, including maintenance and repair, of lighting systems for
streets, sidewalks and parking facilities.
G. Operation, including maintenance and repair, of public parking facilities,
parks and related facilities.
H. Removal or elimination of health or safety hazards from private property,
excluding any structure included under the provisions of M.S. 463.15 to
463.26.
Subd. 2 Record of Cost. The Engineer shall keep records of and report to the
Clerk the actual cost of such work, or in the case of costs to be charged before the
incurrence pursuant to Subd. 3 of this Subsection, the estimated cost of such work.
Such records and reports shall include the cost of all the work done or to be done
on any streets situated beyond the City boundaries pursuant to a cooperative or
joint powers agreement with a neighboring municipality.
Subd. 3 Collection Before Levy as a Special Assessment. All costs incurred or to
be incurred for such work shall be charged with such frequency as the Council by
resolution shall determine, to each owner of each separate lot or parcel of land
benefitted by such work, in proportion to the benefits conferred upon the lot or
parcel. If any charge is made for a cost to be incurred and, based upon subsequent
actual costs, is found to be excessive, subsequent charges shall be reduced by such
excess, and if deficient, subsequent charges shall be increased by such deficiency.
Any charge not paid in full by September 10 of each year shall be levied as a special
assessment against the lot or parcel of land benefitted. Such charges shall not be
1200 - 5
City of Edina Streets and Parks 1200.08
made or levied against detached, single family housing for the operation,
maintenance or repair of public parks and related facilities.
Subd. 4 Levy of Assessment. On or before September 15 of each year, the Clerk
shall prepare an assessment roll assessing all costs of such work reported to the
Clerk against each separate lot or parcel of land benefitted by the work, in
proportion to the benefits conferred upon such lot or parcel, subject to the provision
in Subd. 3 of this Subsection. Where such work is done pursuant to a cooperative
or joint powers agreement between the City and a neighboring city, the cost of the
work done by the City shall be spread against all lots or parcels of land abutting on
the City side of the streets covered by the cooperative agreement. The Council shall
examine such assessment roll submitted by the Clerk, and if satisfactory, shall call
a public hearing and levy special assessments for the work in accordance with M.S.
429.061. All such special assessments shall be payable in a single installment or
additional annual installments not to exceed the maximum number allowed by law
with interest thereon as may be fixed by the resolution approving the special
assessments, but not to exceed the highest rate allowed by law.
1200.07 Methods and Remedies. The methods and remedies authorized by this Section
are in addition to any other methods or remedies available to the City by State Law or
other provisions of this Code.
1200.08 Petty Misdemeanor. Any violation of paragraph C. of Subd. 2 of Subsection
1200.02 shall be a petty misdemeanor.
History. Ord 1201 codified 1970; amended by Ord 1201-A 12-6-73, Ord 1993-5 4-28-93
Reference: M.S. Chapter 59, State Laws of 1988; 429.101, Subs. 2 & 3, 463.15 to 463.26
Cross Reference: Sections 705, 720, 1050, 1205, 1400; Subsections 705.04, 1230.02
1200 - 6
City of Edina Streets and Parks 1230.02
Section 1230 - Conduct in Parks and Public Places
1230.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Park. Property owned by the City which is used or is usable for park, recreation or
open space purposes.
Programmed Park. Any enclosed park in which activities are programmed or
scheduled by the Park Director, including, but not limited to Edinborough Park.
Publicly Owned Property. Any property owned by the City, County or State.
Sidewalk. An improved thoroughfare located on a public right-of-way or public
easement limited to usage by pedestrians and non-motorized vehicles.
Street. A right-of-way which is used or is usable as a public thoroughfare for
motorized or non-motorized vehicles or pedestrians. "Street"as used herein includes
public highways, streets, roads, and alleys.
1230.02 Conduct in Parks, Streets, Sidewalks, and Publicly Owned Property. No person,
in any park, street, sidewalk or publicly owned property, shall:
A. Cut, break, scratch, mark or in any way injure or deface or remove any building,
fence, post, pump, lamp, flagpole, construction work, improvement, facility or any
other structure or property.
B. Post, paste, fasten, paint or affix any placard, bill, notice, or sign upon any
motor vehicle, structure, pole, tree, stone, fence, thing or enclosure unless first
authorized in writing by the City.
C. Pick or cut any wild or cultivated flower, or cut, break, or in any way injure or
deface any tree, shrub or plant,provided that a property owner may prune trees and
shrubs on the street right-of-way adjoining his or her property subject to the
permission of the'Park Director.
D. Remove any wild flower, tree, shrub, plant, branch or portion thereof, or any
soil or other material.
E. Go on foot or otherwise upon grass or turf where a prohibitory sign is posted.
F. Throw or cast any stone or other object, or aim or discharge any air gun, sling
shot or other weapon except according to the rules of a game or recreation
permitted in writing by the City.
1230 - 1
City of Edina Streets and Parks 1230.02
G. Deposit, place or leave any paper, rubbish, waste, cans, bottles, or refuse of any
kind except in receptacles provided for the collection of waste.
H. Deposit, place, or leave in publicly owned waste receptacles refuse generated
from normal household or business activities.
I. Start or maintain any fire except small fires made by picnic parties in those
locations in parks designated for that purpose by the City.
J. Abandon any fire made pursuant to paragraph I. of this Subsection without
completely extinguishing the fire and depositing the ashes or coals from such fire,
after they have cooled sufficiently, in receptacles provided for waste.
K. Perform acts prohibited by Section 1000 of this Code.
M. Set, lay, or prepare or use any trap, snare, artificial light, net bird line, ferret,
hawk or any contrivance or device whatever for the purpose of catching, taking or
killing any bird or wild creature. The prohibition in this paragraph shall not apply
to trapping by any means or methods done by the City, or done under its direction,
or done by any other governmental agency or department with the written
permission of the Manager, or done by any person with a valid trapping license
issued by the State and with the written permission of the Manger. All trapping
shall be done in accordance with State Law.
N. Start or land an airplane, helicopter, balloon or other aircraft without the
written permission of the Manager.
O. Consume intoxicating or non-intoxicating malt liquor, wine, or intoxicating
liquor, as defined in Section 900 of this Code, except that non-intoxicating malt
liquor and wine which is dispensed by the City or by an authorized agent of the City
may be consumed subject to other applicable provisions of this Code and subject to
the rule and regulations of the Park Director pursuant to Subsection 1230.06 in the
following places:
1. Inside the clubhouse of a golf course.
2. Inside a programmed park or indoor recreational facility located in a park,
except picnic shelters, warming houses, ice arenas or maintenance buildings.
3. Within the ballfield complex of Van Valkenburg Park.
P. Destroy, injure, or tamper with an sewer, storm sewer, water main, culvert or
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any part thereof including manhole covers, tanks or valves.
Q. Hitch any animal to a lamp post, hydrant, drinking fountain, tree or other
1230 - 2
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City of Edina Streets and Parks 1230.02
structure or picket an animal to the ground.
R. Park or occupy a vehicle or occupy a street or sidewalk to sell any farm produce
or any other product or property, or for conducting any business or selling of
services. The prohibition in this paragraph shall not apply to the sale of food and
beverages from pushcarts, as defined by Section 720 of this Code, located on
sidewalks and other public walkways within the area included in the plan prepared
by the HRA entitled, "50th and France Commercial Area Plan" dated December 3,
1974, subject to a permit issued pursuant to this paragraph.
1. In addition to the requirements of Section 160 of this Code, no permit
shall be issued for a pushcart unless the following requirements are met:
a. The pushcart must be licensed in accordance with Section 720 of this
Code.
b. The applicant for a permit must possess a valid food establishment
license or take-out food license, pursuant to Section 720 of this Code, for
a food establishment located in the 50th and France commercial area.
c. The pushcart shall not exceed 8 feet in length, 4 feet in width, and 8
feet in height.
d. Ths pushcart shall be equipped with casters or wheels to permit ease
of movement.
e. The ushcart shall be equipped with facilities for the disposal of trash
generated by the pushcart.
2. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of pushcarts:
a. Pushcarts shall be parked on public sidewalks and walkways only in
those locations specified in the permit.
b. Pushcarts shall be stored indoors following the close of business each
day.
c. Only food or beverages for immediate consumption may be offered
from the pushcart.
d. Cleaning, servicing, and maintenance of the pushcart shall be
undertaken only in an area approved by the Sanitarian.
1230 - 3
City of Edina Streets and Parks 1230.03
3. Permits issuedP ursuant to this paragraph shall expire on March 31 of each
calendar year.
4. The number ofP ermits which may be in force under this Paragraph R. at
any one time shall not exceed six.
S. Place any vehicle to display the vehicle for sale or exchange.
T. Work, ,reaserepair, change oil or maintain in any way a vehicle, except as
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necessitated by an emergency.
U. Use a skateboard, roller skates, in line roller skates or blades, scooters or similar
devices (i) upon the traveled portion of a street, (ii) in a municipal parking facility,
or (iii) on or across a sidewalk in any business district.
V. Feed any wild animal or bird, or deposit a food source for wild animals or birds.
i
1230.03 Additional Restrictions for Parks and Publicly Owned Properties. In addition to
the requirements of Subsection 1230.02, no person shall in any park or publicly owned
property:
A. Place or keep any goods,wares, merchandise or other articles without the written
permission of the Park Director.
B. Participate in or conduct any band procession, parade or military formation
without the written permission of the Park Director.
C. Promote or participate in an entertainment or exhibition without the written
permission of the Park Director.
D. Give any public speech or hold or participate in any rally, convention, assembly
or meeting without the written permission of the Park Director, which shall be
withheld only when necessary to prevent conflict with regular park activities.
E. Sell or offer for sale any article in any public park; provided, that refreshments
or other articles may be sold by the City or by persons authorized to do so by the
Park Director.
F. Be in or remain in orark or leave an vehicle between the hours of 12
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midnight and 6 A.M., except when the vehicle is moving upon a street or when
permitted by the Park Director.
G. Drive or park a vehicle on any area not designated for parking or travel.
H. Take or allow any dog or other animal where forbidden by posted signs.
1230 - 4
I
City of Edina Streets and Parks 1230.04
I. Take or allow any horse or other livestock upon any park, publicly owned
property or public waters without the written permission of the Park Director.
J. On any public skating rink, no person shall race, play games which interfere with
the general public use, use hockey sticks or pucks in areas not marked for hockey
play, or loiter in public warming houses.
K. Play or participate in baseball, diamond ball, basketball, football, golf, tennis,
archery or any other game or sport except in or upon appropriate areas established
by the City for such game or sport.
L. Play upon, use, or enter any publicly owned property without having first paid
an admission or entry fee when one is required.
M. Bathe or swim in water adjoining a park except at places and during hours
shown by signs placed by the City.
1230.04 Additional Restrictions for Programmed Parks. In addition to the requirements
of Subsections 1230.02 and 1230.03, no person in a programmed park shall:
A. Act in a manner that is disruptive or distracting to programmed or scheduled
activities.
B. Use the park or any equipment in a manner inconsistent with the programmed
or scheduled activities.
C. Physically obstruct or hinder free passage on walkways and paths within the
park.
D. Run or move rapidly along walkways or pathways within the park in a manner
that would interfere with sedentary use of the park or would be disruptive or
dangerous to pedestrian traffic within the park.
E. Be or remain within the park before or after posted hours of operation without
written permission of the Park Director.
F. Be or remain within any area of the park closed to public use without written
permission of the Park Director.
G. Walk, run, climb, sit, stand or be physically present in any area designed for or
planted with vegetation, or be in any water area or other area not designed for
human activity.
H. Use any electric sound receiving, transmitting or reproducing device in such a
manner as to annoy or disturb persons within the park, or disturb or interfere with
1230 - 5
City of Edina Streets and Parks 1230.06
programmed or scheduled activities.
I. Use or consume alcoholic beverages contrary to this Code or contrary to any
rules and regulations of the Park Director or contrary to any license or lease by
which the user or consumer is within the park.
J. Use or consume alcoholic beverages not dispensed by a person or group duly
licensed by the City to use the park.
K. Use tobacco in any form.
L. Operate skateboards, roller skates, in line roller skates or blades, bicycles,
scooters, or similar vehicles or devices, unless part of a programmed or scheduled
activity.
M. Act disorderly.
N. Trespass.
1230.05 Additional Requirements for Waterbodies. In addition to the requirements of
Subsection 1230.02, no person shall on any lake, pond or stream within the City:
A. Start or land an airplane, helicopter, balloon or other aircraft without the
written permission of the Manager.
B. Use any mechanically propelled boat or other watercraft unless being used for
emergency rescue or the maintenance of the lake, pond, or stream.
C. Use any watercraft unless in full compliance with State Law and the rules and
regulations of the State Commissioner of the Department of Natural Resources
including the use of personal floatation devices.
D. Erect or maintain a shelter on the ice unless the shelter is portable and is
removed each day.
E. Start or maintain any fire on the ice provided that a manufactured heater using
liquid or gaseous fuel may be used.
1230.06 Additional Rules and Regulations. The Park Director may adopt additional rules
and regulations not contrary to the provisions of this Code governing the use and
enjoyment of parks, programmed parks, playgrounds, lakes, ponds, streams and other
publicly owned properties which shall be prominently posted or publicly announced in the
places where they are intended to apply. Any person who violates a rule or regulation so
posted may be excluded from the use of the park, programmed park, lake, pond, stream
or other publicly owned property and may in addition be prosecuted as for a misdemeanor.
1230 - 6
City of Edina Streets and Parks 1230.06
History. Ord 1222 codified 1970,amended by Ord 1222-Al 11-29-78, 1222A211-28-79, 1222-
A3 6-24-87, Ord 1993-5 4-28-93
Cross Reference. Sections 160, 720, 900, 1000
1230 - 7
City of Edina Buildings, Construction and Signs 460.02
Section 460 - Signs
460.01 Purpose and Intent. The purpose of this Section is to protect and promote the
general welfare, health, safety and order within the City through the establishment of a
comprehensive and impartial series of standards, regulations and procedures governing the
erection, use and display of devices, signs or symbols serving as visual communicative
media to persons situated within or upon public rights-of-way or properties.
The provisions of this Section are intended to encourage creativity, a reasonable degree of
freedom of choice, an opportunity for effective communication, and a sense of concern for
the visual amenities on the part of those designing, displaying or otherwise utilizing needed
communicative media of the types regulated by this Section; while at the same time,
assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly,
indiscriminate or unnecessary use of such communicative facilities.
460.02 Terms and Definitions.
Subd. 1 Terms. The following terms have the meanings provided by Section 850
of this Code:
A. Accessory Use.
B. Building.
C. District. (References in this Section to a District, shall mean that district
as established by Section 850.)
D. Frontage.
E. Lot.
F. Principal Building.
G. Shopping Center.
H. Structure.
I. Through Lot.
J. Tract.
Subd. 2 Definitions. Unless the context clearly indicates otherwise,the following
words and phrases have the meanings given in this Section:
460 - 1
City of Edina Buildings, Construction and Signs 460.02
i
Accessory Sign. A sign relating in its subject matter to the lot or tract on
which it is located, or to products, accommodations, services or activities on
the premises on which it is located.
Address Sign. Postal identification numbers only, whether written or in
numeric form, having a sign area of six square feet or less.
Area Identification Sign. A sign which identifies the name of a
neighborhood, a residential subdivision, a multiple residential complex
consisting of two or more principal buildings, a shopping center or area, an
office complex consisting of two or more principal buildings or any
combination of the above that could be termed an area.
Awning or Marquee. A roof-like structure of rigid or semi-rigid materials
attached to and extending from the facade of a principal building.
Banners and Pennants. Devices which resemble flags and are of cloth or
plastic-like consistency, and may be square, rectangular or triangular in
shape.
Bench Sign. A sign which is affixed to a bench.
Building Identification Sign. A freestanding sign or wall sign bearing the
name of a building or occupant in a residential building or the name of a
tenant or business in a non-residential building. Address signs exceeding six
square feet are deemed building identification signs.
Canopy. A roof-like structure, located on the same lot as the principal
building, that is either freestanding or attached to the principal building.
Church Directional Sign. A sign which bears the address and name of a
church and directional arrows pointing to a church location.
Clear View Zone. The triangular portion of a corner lot formed by
connecting the following three points: the point of intersection of the
extensions of the curb lines or edge of the travelled portion of each street,
and a point on each curb line 30 feet from the aforementioned point of
intersection.
II
Flag. The official flag of any country, state or municipality.
Freestanding Sign.Si A self-supported sign which is placed in the ground and
not affixed to any part of any structure. Freestanding signs include
monuments and area identification signs.
460 - 2
City of Edina Buildings, Construction and Signs 460.02
Governmental Sign. A sign which is erected by a governmental unit for the
purpose of directing or guiding traffic, or providing public information.
Governmental signs include community bulletin boards, area identification
sign directions, or banners erected by the City of Edina.
Height. The distance measured from the average ground elevation adjoining
a freestanding sign to the highest point of a freestanding sign.
Illuminated Sign. Any sign which is illuminated by an artificial light source.
Monument. A structure built on grade, not supported by poles, posts or a
pylon, which is constructed of brick, stone or stucco and to which a sign is
affixed.
Motion Sign. Any sign which revolves, rotates or has any moving parts.
Nameplate Sign. A sign which bears the name or address of the occupants
of the building.
Non-Accessory Sign. A sign other than an accessory sign.
Non-Commercial Opinion Sign. Any sign which is not a commercial sign and
which expresses an opinion which is deemed by the State or federal courts
to have greater protection under the constitution of the United States or the
State than a commercial sign. For purposes of this definition a commercial
sign is any sign which advertises or identifies a product, business, building,
place, service, event or any other matter or thing of a commercial nature,
even though the matter or thing may be related to or involve a non-profit
organization.
Non-Conforming Sign. A sign which lawfully existed prior to the adoption
of this Section but does not conform to the requirements of this Section.
Permanent Sign. Any sign which is not a temporary sign.
Portable Sign. A sign so designed as to be movable from one location to
another which is not permanently attached to the ground or any structure.
Projecting Sign. Any sign or any part thereof which extends by more than
12 inches over public property, a street right-of-way, or public sidewalk.
Signs integral to awnings, canopies, or marquees are not projecting signs.
Roof Sign. Any sign erected upon a roof or projecting above the eave line
or a parapet of a building to which it is affixed.
460 - 3
City of Edina Buildings, Construction and Signs 460.03
Sign. Any letter, word or symbol, logo, device, banner, pennant, beacon,
searchlight, poster, picture, statuary, reading matter or representation in the
nature of an advertisement, announcement, message, or visual
communication whether painted, posted, printed, affixed or constructed,
which is displayed outdoors for informational or communicative purposes.
Sign Area. Sign area shall mean (i) the smallest single rectangle which can
be made to circumscribe the letters, message, symbol, logo, or figure
inscribed into or directly onto a building or a monument and not affixed to
a sign panel, or (ii) the smallest single rectangle which can be made to
circumscribe a sign panel which bears the letters, message, symbol, logo, or
figure.
Sign Panel. The display surface upon which the message is painted or
inscribed and which is attached to a building or structure.
Temporary Sign. A sign which is erected or displayed for a limited period of
time. Such temporary signs shall include those listed in Subsection 460.03.
Traffic Directional Sign. A sign which is erected on private property by the
owner of such property for the purpose of guiding vehicular and pedestrian
traffic. Such sign bears no advertising information.
affixed to the wall of an building including projecting
Wall Sign. A sign y g g p J g
signs and signs affixed to marquees, awnings, or canopies.
460.03 General Provisions Applicable to all Zoning Districts.
Subd. 1 Construction, Maintenance and Repair. All signs shall be constructed in
such a manner and of such material that they shall be safe and substantial, and in
full compliance with all requirements of this Code. All signs shall be maintained in
a safe, presentable condition and shall be structurally sound. Defective parts shall
be promptly replaced.
Subd. 2 Illuminated Signs. Illuminated signs shall comply with the following
requirements:
A. No sign shall change in either color or in intensity of light more
frequently than once per hour, except signs giving time, date, temperature
or weather information.
B. All incandescent bulbs or fluorescent tubes, except neon or fiber optic
light sources, shall be shielded with an opaque or translucent material.
C. No sign which is visible from a residential district located within 200 feet
460 - 4
I
City of Edina Buildings, Construction and Signs 460.03
of the sign shall be illuminated between 10:00 P.M. and 7:00 A.M.; provided,
however such signs may be illuminated at any time when the use identified
by the sign is open for business.
D. The Planner may specify additional restrictions regarding the hours of
illumination as a condition to the issuance of a permit.
Subd. 3 Placement. All signs shall comply with the following requirements:
A. No sign, other than governmental signs which are official traffic
regulatory signs, shall be placed within any street right-of-way.
B. No freestanding sign or any portion thereof other than governmental
signs shall be erected or placed within 20 feet of the travelled portion of any
public street.
C. No sign shall be erected or placed within 50 feet of any regulatory sign,
warning sign, traffic sign, or signal, or crosswalk unless the Planner
concludes it will not interfere with or confuse drivers or pedestrians.
D. No sign shall be erected or placed in the clear view zone as described in
Section 1405 of this Code. Provided, however, that a freestanding sign may
be erected if:
1. At least ten feet of clearance is maintained between the ground
and the bottom of the sign and the sign is supported by a single pylon
of 12 inches or less in diameter, or
2. The sign and all supporting materials do not exceed three feet in
height as measured from the highest point on the curb to the highest
point on the sign.
Subd. 4 Campaign Signs. Subject to the applicable provisions of M.S. 211B.0452
signs may be posted from August 1 in a state general election year until ten days
following the state general election. Campaign signs erected in connection with
elections held at times other than a state general election are subject to the
following restrictions:
A. Maximum Size - six square feet.
B. Maximum Number - one sign for each candidate per frontage.
C. Maximum Duration - 60 days prior to the election until seven days
following the election.
460 - 5
City of Edina Buildings, Construction and Signs 460.03
Subd. 5 Non-Commercial Opinion Signs. Subject to the provision of Subsections
460.03 and 460.04, non-commercial opinion signs are permitted as follows:
A. In all residential districts subject to the following restrictions:
All other
R-1 and R-2 Districts
1. Maximum size 6 sq. ft. 15 sq. ft.
2. Maximum number 1 per lot 1 per lot
3. Maximum height 6 ft. 6 ft.
B. All non-residential districts subject to the following restrictions:
1. Maximum size 15 sq. ft.
2. Maximum number 1 per tract
3. Maximum height 6 ft.
Subd. 6 Orientation of Signs on Conner Lots or Through Lots. When more than
one sign is permitted due to multiple frontages, each permitted sign must be
oriented toward its respective frontage. It is the intent herewith to prohibit lots
with multiple frontages from combining sign rights so as to erect larger signs or
additional signs that are oriented to only one frontage.
Subd. 7 Temporary Construction Signs - New Buildings. One temporary
construction sign may be installed upon a construction site of a new building with
ten or more dwelling units or any new non-residential principal use building
denoting the name of the owner, architect, engineer, contractor and lender,
provided such sign does not exceed 32 square feet in area. Temporary construction
signs measuring six square feet or less in sign area are permitted for new residential
buildings of less than ten dwelling units. Temporary construction signs shall be
removed upon issuance of a certificate of occupancy for any part of the building.
Freestanding signs shall not exceed ten feet in height.
Subd. 8TemponaTemporary Sale Signs-Existing Buildings. A temporary sign may be
erected for the purpose of selling or leasing a residential or non-residential building
provided:
A. Such q
Such signs shall not exceed 16 square feet for non-residential buildings
or residential buildings of ten or more dwelling units. Provided, however,
460 - 6
City of Edina Buildings, Construction and Signs 460.03
such signs may be increased to not more than 32 square feet if the lot or
tract abuts a highway with a speed limit of 50 miles per hour or more and
the sign is oriented to such highway. Temporary signs for the purpose of
selling or leasing a residential building of less than ten dwelling units shall
not exceed six square feet.
B. Only one such sign shall be permitted per building. If the building is one
of two or more buildings which together comprise a tract, then only one sign
per tract shall be permitted.
C. Signs for non-residential projects shall be located no closer than 100 feet
to any pre-existing residence.
D. Freestanding signs shall not exceed ten feet in height.
E. All sign surfaces including legs and support members shall be painted and
maintained in a crack free and blister free condition.
Subd. 9 Building Leasing or Rental Signs. The maximum allowed sign area of a
building identification sign or an area identification sign may be increased by 20
percent or 16 square feet, whichever is less, for the purpose of displaying
information regarding the rental or leasing of space or dwelling units. Such rental
or leasing information shall:
A. Be integral to the building identification or area identification sign.
B. Be constructed of the same materials and colors as the building
identification or area identification sign.
If the building identification sign or area identification sign area is increased in
accordance with this Subdivision, then no temporary sign as permitted by Subd. 8
of this Subsection shall be placed on the property.
Subd. 10 Multi-Faced Signs. The total sign area of any multi-faced sign shall not
exceed twice the permitted area of a single-faced sign. The angle of incidence
between any two faces of a multi-faced sign shall not exceed 60 degrees.
Subd. 11 Traffic Directional Signs. Traffic directional signs shall not exceed six
square feet in area.
Subd. 12 Projecting Signs. Projecting signs shall be permitted only in Planned
Commercial Districts provided the total sign area does not exceed ten square feet
per facing.
460 - 7
City of Edina Buildings,Construction and Signs 460.03
Subd. 13 Awnings, Canopies, or Marquees.
A. Awnings, canopies or marquees shall be considered as part of the wall
area and thus shall not warrant additional sign area.
B. Awnings, canopies or marquees constructed of transparent or translucent
material shall be deemed to be a sign panel for purposes of determining sign
area.
Subd. 14 Address Signs. One address sign shall be required per building in all
districts.
Subd. 15 Bench Signs. Bench signs shall be permitted only at bus stops and shall
not be permitted in residential districts.
Subd. 16 Church Directional Signs. Church directional signs shall be permitted in
all districts provided the total area of such signs shall not exceed four square feet
per facing.
Subd. 17 Signs Located on Interiors of Buildings. Signs which are located on the
interior of a building and are not visible from outside of said building shall be
exempt from the provisions of this Section and shall not require permits or payment
of fees.
Subd. 18 Temporary Subdivision and Rezoning Signs. Temporary subdivision and
rezoning signs, as required by Sections 810 and 850 of this Code, shall be exempt
from the provisions of this Section and shall not require permits or payment of fees.
Subd. 19 Temporary Garage and Estate Sale Signs. Signs promoting occasional
sales in residential areas, as permitted in Subsection 850.07, Subd. 12 of this Code,
may be placed on the lot where the sale is taking place provided:
A. Such signs shall not exceed six square feet.
B. One sign is permitted per frontage.
C. Such signs shall be removed at the end of the sale.
Subd. 20 Home Security Signs. Signs which advise of home security systems may
be erected provided:
A. Such sign shall not exceed one square foot.
B. One sign is permitted per frontage.
460 - 8
City of Edina Buildings, Construction and Signs 460.04
Subd. 21 Monuments. Monuments shall not exceed eight feet in height.
Subd. 22 Banners and Pennants. Banners and pennants are permitted only as
follows:
A. During a one week period of time on the occasion of the initial opening
of a new business.
B. As an integral part of the design of a building. In such cases, the banner
must be made of a durable material and designed to be permanently affixed
to the building.
Subd. 23 Flags. Not more than three flags may be displayed on each lot or tract.
460.04 Prohibited Signs. The following signs are prohibited in all districts:
A. Non-Accessory Signs.
B. Indecent Signs. Signs containing offensive or indecent symbols, pictures, or
written material.
C. Roof Signs.
D. Motion Signs.
E. Portable Signs.
F. Signs, other than Governmental Signs, which are attached to utility poles, street
lights or trees.
G. Searchlights or Beacons.
H. Vehicles with Signs. It is the intent of this Subdivision to prohibit the use of a
vehicle for the purpose of providing signage. In addition to the requirements
imposed by Sections 850 and 1045 of this Code, vehicles bearing signs exceeding
two square feet in area must comply with the following restrictions:
1. Such vehicles may not be parked within 50 feet of a public road right-of-
way.
2. Such vehicles may not bear a sign constructed of paper, cloth, canvas,
wood or other material not integral to the body of the vehicle.
3. Such vehicles may not be parked in a location visible from public streets
for periods longer than four hours during any 24 hour period.
460 - 9
City of Edina Buildings, Construction and Signs 460.05
I. Neon or fiberoptic light sources which are not within the permitted sign area.
460.05 District Regulations. Subject to provisions of Subsections 460.03 and 460.04, the
following building identification signs and area identification signs are permitted in each
specific zoning district:
Subd. 1 R-1, R-2, and PRD-1 Districts:
Type Maximum Number Maximum Area Maximum Height
Nameplate or One per 2 sq. ft. 6 ft.
Address dwelling unit
Building One per frontage 24 sq. ft. 6 ft.
Identification
(churches, schools,
golf courses, public
facilities only)
Area One per 24 sq.ft. 6 ft.
Identification development
Subd. 2 All Residential Districts Except R-1, R-2, PRD-1 and the Mixed
Development District.
Type Maximum Number Maximum Area Maximum Height
Building One per building 12 sq. ft. 6 ft.
Identification
Area One per 24 sq. ft. 6 ft.
Identification development
Building One per 24 sq. ft. 6 ft.
Identification building
(convalescent,
nursing, or
rest homes only)
Subd. 3 Automobile Parking District.
Type Maximum Number Maximum Area Maximum Height
Identification One per frontage 6 sq. ft. 6 ft.
460 - 10
City of Edina Buildings, Construction and Signs 460.05
Subd. 4. PCD-1, PCD-2, PCD-3, and PCDA Districts.
Maximum
Maximum Number Area for
Maximum Wall Freestanding Freestanding Maximum
District Sign Area Signs
5igns Height
PCD-1 15% of wall One per 80 sq. ft. 8 ft.
area building
PCD-2 15% of wall One per 80 sq. ft. 8 ft.
area building
PCD-3 15% of wall One per 100 sq. ft. 20 ft.
area building for first
per frontage sign, 50 sq.
ft. for each
additional
sign
PCD-4 20% of wall One per 80 sq. ft. 20 ft.
area building for first
per frontage sign, 50 sq.
ft. for each
additional
sign
A. Special Provisions
1. Area identification signs shall be included as part of the maximum
allowable number of freestanding signs.
2. Signs which are integral to the design of a gasoline pump are
permitted.
3. Signs indicating the location of restrooms are permitted.
4. Permanent window signs shall be included as part of the maximum
allowable sign area.
Subd. 5 Regional Medical and Planned Office District.
460 - 11
City of Edina Buildings, Construction and Signs 460.05
Use Maximum Number Maximum Area Maximum Height
Buildings four One building 50 sq. ft. for 8 ft.
stories or identification sign first sign,
less
per building per 36 s
P g . ft. forP q
frontage each additional
sign.
Buildings more One building 80 sq. ft. for 8 ft.
than four identification first sign,
stories sign per building 40 sq. ft. for
per frontage each additional
sign.
Area One per 50 sq. ft. 8 ft.
Identification development
A. Special Provisions. In the Regional Medical District only, one wall sign
for each accessory retail use is permitted. Each permitted sign must be
attached to the ground floor level and may not exceed 15 percent of the
ground floor wall area of the accessory use.
Subd. 6 Planned Industrial District.
Type Maximum Number Maximum Area Maximum Height
Building One per 80 sq. ft. 8 ft.
Identification building
A. Special Provisions. In multi-tenant buildings only, one wall sign is
permitted for each tenant having a private entry. The maximum sign area
of each sign is 24 square feet.
Subd. 7 Mixed Development District. It is the intention of this Subdivision to
require that all elements of a mixed development be integrated and linked by signs
that express a consistent and uniform design theme.
A. Area Identification Signs.
1. MDD-3 and MDD-4. One sign per development not to exceed 50
square feet.
2. MDD-5 and MDD-6. One sign per development for each frontage.
460 - 12
City of Edina Buildings,Construction and Signs 460.05
a. Sign Area - MDD-5
Maximum area of first sign 70 sq. ft.
Maximum area of additional signs 40 sq. ft.
b. Sign Area - MDD-6
Maximum area of first sign 100 sq. ft.
Maximum area of additional signs 70 sq. ft.
3. Maximum Height - eight feet.
B. Building Identification Signs - Residential. One freestanding sign not to
exceed 24 square feet for each building with ten or more dwelling units.
One wall sign not to exceed six square feet for each building. Maximum
height - eight feet.
C. Intra-Area Directories. One directory per major entry from a public street
to a development not to exceed ten square feet. Maximum height - six feet.
D. Accessory Retail Signs. One wall sign for each accessory retail use
provided each sign must be attached to the ground floor level and may not
exceed 15 percent of the ground floor wall area of the accessory use. All
signs shall be individual letters of uniform size, design and materials.
E. Building Identification Signs - Office.
1. MDD-6. One wall sign per building per frontage and one
freestanding sign per building per frontage. The maximum area of the
first wall sign or freestanding sign shall not exceed 50 square feet and
the maximum area of each additional sign shall not exceed 36 square
feet. Maximum height - eight feet.
2. MDD-3, MDD-4, and MDD-5. One building identification sign per
frontage. The first sign shall not exceed 50 square feet and each
additional sign shall not exceed 36 square feet. Maximum height -
eight feet.
F. Retail and Publicly Owned Facilities Signs - MDD-6. Signs for retail
buildings and publicly owned facilities are permitted in accordance with the
PCD-3 District requirements provided in Subsection 460.05, Subd. 4,
provided the maximum area of freestanding signs shall not exceed 50 square
feet.
460 - 13
City of Edina Buildings, Construction and Signs 460.06
G. Publicly Owned Facilities - MDD-3, MDD-4, and MDD-5. Signs for
publicly owned facilities in the MDD-3, MDD-4, and MDD-5 Districts are
permitted in accordance with Subsection 460.05, Subd. 1.
H. Suites Hotels and Theatres. Signs for suites hotels and theatres are
permitted in accordance with the PCD-3 District requirements provided in
Subsection 460.05, Subd. 4.
I. Special Requirements -Wall Signs. No wall signs shall be placed on walls
of non-residential buildings which directly face, abut or adjoin a public park
or residential uses.
J. Special Requirements - Freestanding Signs. All freestanding signs shall be
of uniform design and scale.
460.06 Administration and Enforcement.
Subd. 1 Permits. Except as provided in Subd. 3 of this Subsection, the owner or
occupant of the lot or tract on which a sign is to be displayed, or the owner or
installer of such sign, shall file an application for a permit with the Planner upon
forms provided by the Planner. Permits must be acquired for all existing, new,
relocated, modified or redesigned signs except those specifically exempted below.
The applicant shall submit with the application a complete description of the sign
and a scaled drawing showing its size, placement, manner of construction,
illumination, and such other information as deemed necessary by the Planner. At
the time of application the applicant shall also submit a fee in the amount required
by Section 185 of this Code. If a sign is erected without a permit, the applicant
shall submit an application for a permit and pay a fee that is two times the fee set
out in Section 185. If a sign has not been installed within three months after the
date of issuance of said permit, the permit shall become null and void.
Subd. 2 Sign Identification Decal. Upon issuance of a permit, the Planner shall
also issue a sign identification decal. The permit holder shall attach the decal to the
lower left front surface of the sign. Such decal shall indicate the number of the sign
permit.
Subd. 3 Exemptions. The following signs may be erected or displayed without
obtaining a permit therefore; provided, however, such signs must comply with all
other requirements of this Section:
A. A temporary window sign placed within a building and not exceeding 25
percent of the window area.
B. Signs having a total area of six square feet or less.
460 - 14
City of Edina Buildings, Construction and Signs 460.06
C. Governmental signs and signs erected by the Edina Public Schools.
D. Temporary signs as listed in Subsection 460.03, Subd. 4, 5, 7, and S.
E. Memorial signs or tablets less than six square feet in area containing the
name of the building, its use and date of erection when cut or built into the
walls of the building and constructed of bronze, brass, stone or marble.
F. Signs which are completely within a building and are not visible from the
outside of said building.
G. Temporary subdivision and rezoning signs, as required by Sections 810
and 850 of this Code.
Subd. 4 Violations and Fines. If the Planner finds that any sign or signs regulated
by this Section is or are prohibited as to size, location, content, type, number,
height or method of construction, or are unsafe, insecure or a menace to the public,
or if any sign has been constructed or erected without a permit first being issued,
or is improperly maintained, or is in violation of any other provisions of this
Section, the Planner shall give written notice of such violation to the owner or
permit holder thereof. If the owner or permit holder fails to remove or alter the
sign so as to comply with the provisions set forth in this Section within 24 hours
following receipt of said notice:
A. Such sign may be deemed to be a nuisance and may be abated by the
City by proceedings taken under M.S. Chapter 429, or any other nuisance
abatement procedures allowed by this Code or State Law and the cost of
abatement, including administration expenses, may be levied as a special
assessment against the property upon which the sign is located; or
B. Such owner or permit holder may be prosecuted under Subsection 100.09
of this Code; and
C. The City may exercise any and all other remedies provided by Subsection
100.09 of this Code.
If the owner or permit holder shall have been given notice of a violation hereunder
and shall have removed or altered the sign, and shall then re-erect or install a sign
which is the same as or similar to the sign as to which notice of violation was given,
such re-erection or installation shall be deemed a violation of this Section, and no
notice of such violation shall be required.
Subd. 5 Insurance. The owner of any projecting sign shall furnish, with a permit
application, proof of self-insurance or that public liability insurance has been
procured for any death or personal injury caused by such sign, in amounts not less
460 - 15
City of Edina Buildings, Construction and Signs 460.07
than $100,000 for injury to or death of one person, or $300,000 for any one
incident, and of not less than $50,000 for damage to property arising from any one
incident. The owner shall maintain such insurance in effect at all times that the
sign remains in place.
Subd. 6 Variances and Appeals. A permit applicant or permit holder may request
a variance from the literal provisions of this Section by filing a petition for a
variance with the Planner. The petition shall be accompanied by a fee in the
amount set forth in Section 185 of this Code. A permit applicant or permit holder
also may appeal any alleged error in any order, requirement, decision, or
determination made by the Planner in the enforcement of this Section. Appeals
shall be filed in the same manner as provided in Subsection 850.04 of this Code.
Variances and appeals shall be heard by the Zoning Board of Appeals and decisions
of the Board may be appealed to the Council, as provided in said Subsection 850.04
of this Code. The Board shall grant a variance from the provisions of this Section
only upon finding that:
A. There are exceptional or extraordinary circumstances applicable to the
property or to the intended use that do not apply generally to other property
in the same vicinity and zoning district;
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zoning district, but which is denied to the property in question;
C. That the strict application of this Section would constitute undue
hardship as defined in Section 850 of this Code, and
D. That the granting of the variance would not be materially detrimental to
the public welfare or injurious to the property or improvements in the
vicinity or zoning district in which the property is located.
460.07 Non-Conforming Signs.
Subd. 1 Non-Conforming Temporary Signs. Any non-conforming temporary sign
lawfully existing at the time of adoption of this Section shall be made to comply
with the requirements set forth herein or shall be removed within 90 days after the
adoption of this Section.
Subd. 2 Non-Conforming Permanent Signs. Non-conforming permanent signs
shall be allowed to continue in use, but shall not be rebuilt, altered other than to
change the message, or relocated without being brought into compliance with the
requirements of this Section. After a non-conforming sign has been removed, it
shall not be replaced by another non-conforming sign.
460 - 16
City of Edina Buildings, Construction and Signs 460.07
Subd. 3 Non-Conforming Temporary Signs-South Edina Development Addition.
Temporary construction and real estate signs located on Outlot E and Lot 1,
Block 4, South Edina Development Addition, may continue to exist subject to the
following:
A. The signs may not be increased in sign area or number of signs.
B. The signs may not be relocated.
C. The signs must be removed or brought into conformance with this
Section when either of the following occur:
1. A building is constructed on the lot or outlot occupied by the sign;
or
2. A building is constructed on the lot or outlot adjacent to the lot or
outlot occupied by the sign.
Subd. 4 Discontinued Non-Conforming Signs. Whenever use of a non-conforming
sign has been discontinued for a period of 90 days, such use shall not thereafter be
resumed unless in conformance with the provisions of this Section.
History: Ord 451 codified 1970, amended by Ord 451 AI 6-10-71, Ord 451-A2 10-24-74, Ord
451-A3 9-11-75, Ord 451-A4 9-8-76, Ord 451-A5 12-10-86, Ord 451-A6 10-25-89, Ord 451-A7
3-28-90, Ord 1993-8 6-7-93
Reference. M.S. Chapter 429, M.S. 211B.045
Cross Reference: Sections 185, 810, 850, 1045, Subsections 100.09, 850.04, 850.07
460 - 17
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
i
i
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, ass specifically provided in Subsection 150.10, Subd. 1 hereof. Nothing in
P
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 lar 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
P Y
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
investigations
or means as may
from time to time be deemed
examinations, i g Y
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.
150 - 5
I,
City of Edina General Code Provisions and Administration 150.09
Subd. 2 Amount. The following accrual schedule shall apply to eligible
employees:
a
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 da s per year)
�
Y
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.
I
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.
150 - 6
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.
150 - 7
i
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;
150 - 8
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
150 - 9
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
od
(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 appropriateriate 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.
150 - 11
I
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
d action and evidence as may be b
propose Y e presented Y or on behalf of the employee.
consider the evidence presented
close of the hearing, g the Manager shall cons
After the cl
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
150 - 12
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
i
City of Edina General Code Provisions and Adminstration 1 50.2 4
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 122 12-6-89
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 Fires and Explosives 605.02
Section 605 - Adopting Fire Codes, Establishing Bureau of
Fire Prevention and Fire Lanes
605.01 Adoption of Codes. The following are adopted and incorporated by reference as
a section of this Code:
Subd. 1 Minnesota Uniform Fire Code. The Minnesota Uniform Fire Code
promulgated by the State Department of Public Safety as published in Minnesota
Rules, 1991, Chapter 7510, ("MUFC') with the changes and omissions as set forth
in this Section.
Subd. 2. Uniform Fire Code. The 1988 Edition of the Uniform Fire Code
promulgated by the International Conference of Building Officials and the Western
Fire Chiefs Association (the "UFC'), with the changes and omissions as set forth in
this Section and in the MUFC.
605.02 Amendments to the MUFC and UFC.
Subd. 1 Article 4. Article 4 "Permits" of UFC is included in its entirety with the
following change:
Section 4.108, 1.1 is amended to read as follows: "Where a single container
or the aggregate of interconnected containers is 500 or more gallons water
capacity, the installer shall obtain a permit and plan approval from the Fire
Chief."
Subd. 2 Article 10. Article 10 "Fire Protection" of UFC as adopted by MUFC is
amended as follows:
Section 10.301 is amended by adding to it a new subsection reading as
follows: "(g) Permits. Permits for installation of fire protection systems shall
be obtained as provided for in Section 625 of this Code."
Subd. 3 Article 11. Article 11, "General Precautions Against Fire" of UFC as
adopted by MUFC is amended as follows:
Section 11.117 (a) is amended to read as follows: "(a) Open Flame
Prohibited. In any structure containing three or more dwelling units, no
person shall kindle, maintain, or cause any fire or open flame on any balcony
above ground level, or on any ground floor patio within 15 feet of the
structure."
605 - 1
City of Edina Fires and Explosives 605.08
605.03 Codes on File. One copy of each of the following, each marked "Official Copy',
is on file in the office of the Clerk and shall remain on file and available for use and
examination by the Public:
A. MUFC.
B. UFC.
605.04 Definitions.
Subd. 1 Jurisdiction. Wherever the term "jurisdiction" is used in the MUFC, it
shall mean the City.
Subd. 2 Chief. Wherever the term"chief' is used in the MUFC, it shall mean the
Fire Chief or an authorized representative.
605.05 Establishment of the Bureau of Fire Prevention. The Bureau of Fire Prevention
supervision of su under the operated is continued as part of the Fire Department. It shall be o p p
the Fire Chief. The members of the Bureau of Fire Prevention shall be the Fire Chief, an
assistant chief, and all inspectors of the Fire Department. The Fire Chief from time to time
may appoint inspectors of the Fire Department.
605.06 Enforcement; Appeals. The provisions of this Section shall be enforced by the
Building Official and the Bureau of Fire Prevention in accordance with Subsections 470.03
through 470.10 of this Code. Appeals from any order issued under this Section by the
Building Official or the Bureau of Fire Prevention shall be made in accordance with
Subsections 470.03 through 470.10 of this Code.
605.07 Permit Fee. The fee for each permit required by this Section and for each annual
renewal of a permit shall be in the amount set forth in Section 185 of this Code. Unless
otherwise noted, all permits shall expire one year from the date of issuance.
605.08 Fire Lanes.
Subd. 1 Establishment. The Bureau of Fire Prevention may establish fire lanes
on public or private property as may be necessary to comply with the MUFC and in
order that the travel of fire equipment may not be interfered with and that access
to fire hydrants or buildings may not be obstructed.
Subd. 2 Existing Fire Lane Signs. Fire lanes in existence prior to the effective
date of this Section shall be permitted to remain using existing signs so long as such
signs are maintained in good repair and condition. The first and last sign shall mark
the limits of the fire lane. If the Bureau of Fire Prevention determines that such
signs are not maintained as required in this Section, it may require signing as
provided in Subd. 3 of this Subsection.
605 - 2
City of Edina Fires and Explosives 605.10
Subd. 3 Sign Specifications. Fire lanes established after the effective date of this
Code, or existing fire lanes changed after the effective date of this Code, shall be
marked by signs, not more than 50 feet apart, bearing the words, "NO PARKING,
FIRE LANE, BY ORDER OF FIRE CHIEF", with the first and last sign marking the
limits of the fire lane. The signs shall have red letters and a red border on a white
background, shall be 12 inches by 18 inches in size, and shall otherwise comply
with the standards from time to time established by the Fire Chief for such signs.
Subd. 4 Maintenance of Signs. When the fire lane is on public property or public
right-of-way, the sign or signs shall be erected and maintained by the City, and
when on private property, they shall be erected by the owner at the owner's expense
within 30 days after the owner has been notified of the order. After the signs are
erected they shall be maintained by the owner at the owner's expense. After the
signs are erected, no person shall park a vehicle on or otherwise occupy or obstruct
the fire lane.
Subd. 5 Towing Authorization. Whenever any member of the Bureau of Fire
Prevention or a police officer finds a vehicle unattended and occupying or
obstructing a fire lane, such member of the Bureau of Fire Prevention or police
officer is authorized to provide for removal and impoundment of the vehicle at the
expense of the owner of the vehicle.
Subd. 6 Violation Exemption. Violations of this subsection are exempted from
the provisions of Subsection 605.09 and instead shall be governed and enforced by
Subsection 100.09 of this Code.
605.09 Violation. No person shall be convicted of violating this Section unless such
person shall have been given notice of the violation in writing and have had a reasonable
time to comply.
605.10 Interpretation. In the event of a conflict between the provisions of the MUFC and
UFC as adopted by this Section, the most stringent provision shall apply. Provided,
however, that no provision of this Section shall be interpreted to exceed the provisions of
the Building Code.
History: Ord 613 adopted 5-16-90
Reference: M.S. 299F, Minnesota Rules, 1991, Section 7510
Cross Reference: Sections 185, 410; Subsections 100.09, 470.03 through 470.10
605 - 3
City of Edina Liquor 900.01
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
900.01 Definitions PART D. SPECIAL REQUIREMENTS FOR ON-SALE
PART A. SALE OF LIQUOR AND WINE AT NON-INTOXICATING MALT LIQUOR LICENSES
OFF-SALE 900.13 Special Licensing Requirements
900.02 Sales Limited to Municipal Liquor 900.14 Place of Serving and Consumption
Stores 900.15 Meal served with Non-Intoxicating Malt
900.03 Dispensary Established Liquor
900.04 Sale of Non-Intoxicating Malt Liquor 900.16 Temporary On-Sale License
at Off-Sale PART E.SPECIAL REQUIREMENTS FOR ON-SALE
PART B. GENERAL REQUIREMENTS FOR SALE WINE LICENSES
OF LIQUOR AND WINE AT ON-SALE 900.17 Special Licensing Requirements; Fees
900.05 License Required 900.18 Conditions of Sale
900.06 Requirements for On-Sale Licenses PART F. SPECIAL REQUIREMENTS FOR ON-SALE
900.07 Manner of Conducting Sales OF INTOXICATING MALT LIQUOR
900.08 Anti-Spiking 900.19 License Requirements
900.09 Bottle Clubs Prohibited 900.20 Conditions of Sale
PART C. SPECIAL REQUIREMENTS FOR CLUB AND 900.21 Affidavit of Percentage of Food Sold
TEMPORARY ON-SALE LIQUOR LICENSES 900.22 Automatic Termination
900.10 Special Licensing Requirements PART G. MISCELLANEOUS
900.11 Sunday Sale License 900.23 Headings
900.12 Temporary License 900.24 License Revocation or Suspension
900.25 Incorporation by Reference
900.01 Definitions. Unless the context otherwise clearly indicates, the following terms
shall have the stated meanings:
Bar. A counter or similar kind of place or structure at which wine or liquor is
served but not in conjunction with regular full meal service.
Commissioner. The State Commissioner of Public Safety.
Cafe. See definition of "restaurant" in this Subsection.
Club. Any corporation duly organized under the laws of the State for civic,
fraternal, social or business purposes, or for intellectual improvement, or for the
promotion of sports, which shall have more than 50 members, and which for more
than one year shall have owned, hired or leased a building or space in a building
of such extent and character as may be suitable and adequate for the reasonable and
comfortable accommodation of its members, and whose affairs and management are
conducted by a board of directors, executive committee, or other similar body
chosen by the members at a meeting held for the purpose, none of whose members,
officers, agents or employees are paid, directly or indirectly, any compensation by
way of profit from the distribution or sale of beverages to the members of the club
900 - 1
l
City of Edina Liquor 900.01
or to its guests, beyond the amount of such reasonable salary or wages as may be
fixed and voted each year by the directors or other governing body.
Food Establishment License. A license issued by the City under the provisions of
Section 720 of this Code.
Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and
malt beverages containing in excess of 3.2 percent of alcohol by weight.
Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by
fermentation and containing more than 3.2 percent of alcohol by weight.
Licensed Premises. The area shown in the license application as the place where
wine or liquor will be served or consumed.
Liquor. Non-intoxicating malt liquor, intoxicating liquor, and intoxicating malt
liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
liquor. An potable beverage Non-Intoxicating Malt Liq y e with an alcoholic content of p g
more than one-half of one percent by volume and not more than 3.2 percent by
weight.
Off-Sale. Retail sale in the original package for consumption away from the
premises only.
On-Sale. Sale for consumption on the premises only.
On-Sale License. A license for the on-sale of intoxicating liquor issued by the City
pursuant to any law other than Minnesota Laws 1973, Chapter 441.
Original Package. Any container or receptacle holding liquor, in which the liquor
is corked or sealed at the place of manufacture.
Restaurant. An establishment, under control of a single proprietor or manager,
having appropriate facilities for serving meals and where in consideration of
payment, meals are regularly served at tables to the general public, and which
employs an adequate staff to provide the usual and suitable service to its guests,
and
which has a seating capacity for not fewer than 30 guests at one time.
Sale SellSold. All barters, exchanges, gifts, sales, and other means used to obtain,
dispose of, or furnish any liquor or wine or any other beverage, directly or
indirectly, as part of a commercial transaction, in violation or evasion of the
provisions of this Section, but does not include sales by State licensed liquor
900 - 2
City of Edina Liquor 900.04
wholesalers selling to licensed retailers.
State Established Legal Drinking Age. For purposes of this Section, the State
established legal age for consumption of liquor and wine is 21 years of age.
Sunday Sale License. A license for the on-sale of intoxicating liquor issued by the
City pursuant to Minnesota Laws 1973, Chapter 441.
Wine. Vinous beverage created by fermentation.
PART A - SALE OF LIQUOR AND WINE AT OFF-SALE
900.02 Sales Limited to Municipal Liquor Stores. No intoxicating liquor, intoxicating
malt liquor or wine shall be sold, or caused to be sold at off-sale within the City by any
person, or by any store or establishment, or by any agent or employee of such person, store
or establishment, except by the City and on the premises in the City occupied by the
municipal liquor dispensary.
900.03 Dispensary Established. There is hereby established a municipal liquor dispensary
for the off-sale of liquor and wine. The dispensary shall be located at such suitable places
in the City as the Council determines by resolution.
Subd. 1 Management and Control. The dispensary shall be under the control of
the Manager. The Manager may appoint employees as deemed necessary to operate
the dispensary in full compliance with this Section and State Law. No person under
the State established legal drinking age shall be employed in the dispensary.
Subd. 2 Surety Bond. The Manager may require persons employed in the
dispensary to furnish a surety bond to the City in the same manner as prescribed by
Subsection 115.12 of this Code.
Subd. 3 Hours of Operation. Subject to the requirements of M.S. 340A.504, the
hours of operation of the dispensary shall be established by resolution of the
Council.
Subd. 4 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the municipal
liquor dispensary.
900.04 Sale of Non-Intoxicating Malt Liquor at Off-Sale.
Subd. 1 License Required. No person, directly or indirectly, upon any pretense
or by any device, shall sell at off-sale any non-intoxicating malt liquor without first
having obtained a license.
900 - 3
City of Edina Liquor 900.04
Subd. 2 License Procedure and Control; Fee. The provisions of Section 160 of
this Code, shall apply to all licenses required by this Subsection, and to the holders
of such licenses, except that licenses and renewals shall be granted or denied by the
Council. The application shall also describe the type of business transacted on the
licensed premises. Every person licensed, or applying for a license under this
Section, in addition to other requirements imposed by this Section for the obtaining
or renewal of a license, shall demonstrate proof of financial responsibility to the
Clerk with regard to liability imposed by M.S. 340A.801, as a condition to the
issuance or renewal of such license, in the manner and to the extent required by
M.S. 340A.409; provided, if any licensee or applicant claims exemption from the
requirements of said Statute, proof of exemption shall be established by affidavit
given' b the licensee or applicant. The affidavit shall be in form and substance
Y
1
acceptable to the Clerk. The application shall be accompanied pied b Y the fee in the
amount set forth in Section 185 of this Code. The fee shall be non-refundable.
Subd. 3 Prohibited Premises. No license shall be granted to any theater,
recreational hall or center, dance hall or place where dancing is permitted, or other
place of public gathering for the purpose of entertainment, amusement, or playing
of games, or any other place not eligible under M.S. 340A and the regulations of the
Commissioner. No license shall be granted for any premises where a license has
been revoked for cause for at least one year after such revocation, except that on
unanimous vote of the Council such license may be granted at any time after such
revocation.
Subd. 4 Prohibited Persons. No license shall be granted to:
A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101,
or any manufacturer of non-intoxicating malt liquor, or to any person who
has a financial interest, directly or indirectly, in such manufacturer, brewer
or wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United
States or any provision of State Law or this Code with regard to the
manufacture, sale or distribution of liquor.
D. Any person not eligible under M.S. 340A.402 and the regulations of the
Commissioner.
Subd. 5 Location. No license shall be granted to premises within 250 feet of any
public school.
Subd. 6 License Term. Every license, issued under this Section shall expire at
12:01 A.M. on April 1, following its date of issuance.
900 - 4
City of Edina Liquor 900.06
Subd. 7 Licenses Not Transferable. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license
was granted, by any means whatsoever, including, without limitation, devise or
descent or involuntarily by the operation of law, without the person and premises
to whom and to which the license is to be transferred having first submitted an
application containing all of the information required in an original application, and
complying with all requirements for an original license, and receiving the approval
of the Council, and where required, the Commissioner.
Subd. 8 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the sale of non-
intoxicating malt liquor.
PART B - GENERAL REQUIREMENTS FOR SALE OF LIQUOR
AND WINE AT ON-SALE
900.05 License Required. No person, directly or indirectly, upon any pretense or by any
device, shall sell at on-sale any wine or liquor without first obtaining a license of the
applicable type herein described:
A. Club On-Sale Liquor License - permits the sale of liquor and wine at on-sale.
B. Non-Intoxicating Malt Liquor License - permits the sale of non-intoxicating malt
liquor at on-sale.
C. Wine License - permits the sale of wine at on-sale. (Intoxicating malt liquor may
be sold on premises holding both a non-intoxicating malt liquor license and a wine
license.)
D. Temporary On-Sale Intoxicating Liquor License - permits the sale of intoxicating
liquor at the Edina Foundation Ball.
E. Temporary On-Sale Non-intoxicating Malt Liquor License - permits the sale of
non-intoxicating malt liquor at events sponsored by certain organizations.
900.06 Requirements for On-Sale Licenses.
Subd. 1 License Procedure and Control; Fee. The provisions of Section 160 of
this Code, shall apply to all licenses required by Subsection 900.05 and to the
holders of such licenses, except that licenses and renewals shall be granted or
denied by the Council and the Commissioner if required by State Law. The
application shall also describe the type of business transacted on the licensed
premises. Every person licensed, or applying for a license, under this Section, in
addition to other requirements imposed by this Section for the obtaining or renewal
900 - 5
City of Edina Liquor 900.06
of a license, shall demonstrate proof of financial responsibility to the Clerk with
regard to liability imposed by M.S. 340A.801, as a condition to the issuance or
renewal of such license, in the manner and to the extent required by M.S.
340A.409; provided, if any licensee or applicant claims exemption from the
requirements of said statute, proof of exemption shall be established by affidavit
given by the licensee or applicant. The affidavit shall be in form and substance
acceptable to the Clerk. The application shall be accompanied by the fee in the
amount set forth in Section 185 of this Code. The fee shall be non-refundable.
license shall be issued for an remises where
Subd. 2 Prohibited Premises. No lice y P
a license has been revoked for cause for at least one year after such revocation,
except that on unanimous vote of all members of the Council such license may be
granted at any time after such revocation.
Subd. 3 Prohibited Persons. No license shall be granted to:
A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101,
or any manufacturer of non-intoxicating malt liquor, or to any person who
has a financial interest, directly or indirectly, in such manufacturer, brewer
or wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United
States or any provision of State Law or this Code with regard to the
manufacture, sale or distribution of liquor.
D. Any person not eligible under M.S. 340A.402 and the regulations of the
Commissioner.
Subd. 4 Location. No license shall be granted to premises within 250 feet of any
public school.
der this Section shall
expire at
Subd. 5 License Term. Every license, issued un p
12:01 A.M. on April 1, following its date of issuance. Temporary licenses issued
pursuant to this Section shall expire on the date specified in the license.
Subd. 6 Licenses Not Transferable. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license
was granted, by any means whatsoever, including, without limitation, devise or
descent or involuntarily by the operation of law, without the person and premises
to whom and to which the license is to be transferred having first submitted an
application containing all of the information required in an original application, and
complyingwith all requirements for an original license, and receiving the approval
q
of the Council, and where required, the Comi
Commissioner. Any change n the persons
900 - 6
City of Edina Liquor 900.07
named in the original application or any change in the information in such original
application shall be deemed a transfer for the purposes of this Section. Provided,
however, the following changes shall not be deemed a transfer:
A. A change in the ownership of a limited partnership comprising 10% or
less cumulatively of the limited partnership during the then license period;
B. A change in ownership of a corporation comprising 10% or less
cumulatively of the stock owners during the then license period; or
C. A change in one of the corporation's officers during the term of the then
license. Provided, however, the corporation shall give notice of a change in
officer to the Clerk and the new officer shall comply with all requirements
of this Section and Section 160 of this Code.
900.07 Manner of Conducting Sales.
Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the
licensee's place of business and shall maintain conditions of sobriety and order.
Subd. 2 Age. No wine or liquor shall be sold to any person under the State
established legal drinking age, or to an intoxicated person, directly or indirectly.
Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell
liquor or wine.
Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate,
or permit the keeping, possession or operation on the licensed premises, or in any
room adjoining the licensed premises controlled by the licensee, any slot machines,
dice or other gambling equipment as defined in M.S. 349.30, nor permit any
gambling therein, nor permit the licensed premises or any room in the same or in
any adjoining building, directly or indirectly under licensee's control, to be used as
a resort for prostitutes or other disorderly persons; provided, however, that lawful
gambling may be carried on if allowed by this Code and where allowed by a license
issued pursuant to M.S. 349 or this Code.
Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in any
licensed place shall be owned in whole or in part by any manufacturer or brewer,
as defined in M.S. 340A, of wine or liquor.
Subd. 6 Delinquent Taxes. No license shall be granted for operation on any
premises upon which taxes or assessments or other financial claims of the City are
delinquent and unpaid.
900 - 7
City of Edina Liquor 900.09
Subd. 7 Open to Inspection. All licensed premises shall be open to inspection by
any police officer or other designated officer or employee of the City at any time
during which the place so licensed is open for business.
Subd. 8 Hours of Sale. The hours and days of sale shall be as set forth in M.S.
340A.504. Except, however, restaurants, hotels, and bowling centers holding a
license under Part E or Part F of this Section, or clubs holding a Sunday Sale
License under Part C of this Section, may sell intoxicating liquor or wine in
conjunction with the sale of food between the hours of 10:00 A.M. on Sundays and
1:00 A.M. on Mondays, provided that the licensee is in conformance with the
Minnesota Clean Air Act.
Subd. 9 Hours of Consumption. No liquor or wine shall be consumed by any
person on, in or about the premises of any place licensed for the on-sale of liquor
or wine after 1:30 A.M. of any day and prior to the time of that same day when
such place, pursuant to this Section, may again begin to sell liquor or wine.
900.08 Anti-Spiking.
Subd. 1 No Liquor or Wine in Non-Licensed Food Establishments. Except as
permitted by a license issued pursuant to this Section, no person shall take or carry
any wine or liquor into any food establishment as defined in Section 720 of this
Code.
Subd. 2 Mixing or Sale for Mixing Prohibited. Except as permitted by a license
issued pursuant to this Section, no person shall mix with liquor or wine or sell for
the purpose of mixing with liquor or wine, any soft drink, other liquor or beverage
in any food establishment as defined in Section 720 of this Code.
Subd. 3 Illegal to Permit Mixing. Except as permitted by a license issued
pursuant to this Section, no person shall consume, or permit the consumption,
mixing orspiking
of any beverage by adding to the same any liquor, in any building
or place operated as a food establishment as defined in Section 720 of this Code.
Subd. 4 Presumption. The fact that any person in any food establishment, as
defined in Section 720 of this Code, sold any liquid or beverage to a person who
thereupon and therein added to such liquid or beverage any liquor or wine shall be
prima facie evidence that such liquid or beverage was sold by such person for the
purpose of adding liquor or wine and shall be prima facie evidence that such person
and the person's employer permitted the mixing or spiking of such liquid by adding
wine or liquor.
900.09 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant to this
Section, establishments or clubs that directly or indirectly allow the consumption or display
of wine or liquor, or knowingly serve any liquid for the purpose of mixing with liquor or
900 - 8
City of Edina Liquor 900.13
wine, shall be prohibited. Permits for bottle clubs issued by the Commissioner under M.S.
340A.414 shall not be approved by the Council.
PART C - SPECIAL REQUIREMENTS FOR CLUB AND TEMPORARY
ON-SALE LIQUOR LICENSES
900.10 Special Licensing Requirements. In addition to the requirements imposed by
Subsection 900.06, a club on-sale liquor license may be issued only to a club which held
a license prior to January 1, 1940, for the sale of intoxicating liquor. No license shall be
issued to any club which after January 29, 1934, has been convicted of any wilful violation
of any law of the United States or any provision of State Law, or any local ordinance, with
regard to the manufacture, sale, or distribution of intoxicating liquor, nor to any club
which has any license issued under this Section revoked after said date for any wilful
violation of this Code or such laws.
900.11 Sunday Sale License. No person, directly or indirectly, upon any pretense or by
any device, shall sell any intoxicating liquor on Sunday without first having obtained a
Sunday sale license. To obtain such license a person must have a club on-sale liquor
license and comply with the provisions of Subsection 900.06, Subd. 1.
900.12 Temporary License. A temporary on-sale intoxicating liquor license may be issued
on the following terms and conditions:
A. Such license shall be issued only to the holder of a then current club on-sale
liquor license.
B. No more than one such license shall be issued during each calendar year.
C. Such license shall permit the licensee to sell intoxicating liquor only in
connection with the Edina Foundation Ball.
D. Such license shall allow the on-sale of liquor and wine only, and only on the
premises described in the license.
E. Such license shall be issued for one period of time, the length of which does not
exceed 24 consecutive hours.
PART D - SPECIAL REQUIRMENTS FOR ON SALE NON-INTOXICATING
MALT LIQUOR LICENSES
900.13 Special Licensing Requirements. In addition to the requirements imposed by
Subsection 900.06, non-intoxicating malt liquor licenses shall be issued only to (i) private
clubs which have been incorporated for more than ten years and which own and operate
900 - 9
City of Edina Liquor 900.16
club houses for their members in which the serving of such liquor is incidental to and not
the major purpose of such club, (ii) restaurants, (iii) golf courses, (iv) indoor recreational
facilities which are a part of or within a public park, (v) bowling centers and (vi) hotels
as defined in M.S. 340A.
900.14 Place of Serving and Consumption. Non-intoxicating malt liquor shall be served
and consumed at tables in the dining or refreshment room on the licensed premises, and
shall not be consumed or served at bars; provided, the same may be served at counters
where food is regularly served and consumed.
900.15 Meal Served with Non-intoxicating Malt Liquor. In any place licensed for the on-
sale of non-intoxicating malt liquor, which is also licensed for the on-sale of wine, no
person shall be sold, served or consume non-intoxicating malt liquor who does not order
a meal to be served with the non-intoxicating malt liquor.
900.16 Temporary On-Sale License. Temporary on-sale non-intoxicating malt liquor
licenses may be issued on the following terms and conditions:
Subd. 1 Applicant Requirements. Such licenses shall be issued only to applicants
which are:
A. A corporation or organization organized for service to the community,
state, or nation, for social purposes, for the promotion of sports or for the
promotion of persons to elective office,where the serving of non-intoxicating
malt liquor is incidental to and not the main purpose of the organization; or
charitable or religious corporations for and to which gifts are deductible from
the income of the donor under the Internal Revenue Code of 1986, as now
enacted or as supplemental or amended; and
B. Which meet all the following requirements by presentation of evidence
satisfactory to the Manager:
1. Applicant must have been in existence and actively engaged in
programs intended to further and promote the purposes for which
organized for a period of at least 18 consecutive months prior to the date
application is made for such license.
2. Applicant must be organized for one or more of the purposes set out
in paragraph A. of this Subd. 1 and not for the sole or main purpose of
obtaining such license.
Subd. 2 License Restrictions.
A. Not more than two such licenses shall be issued to any one corporation
or organization in a calendar year, and there shall be at least 30 days
900 - 10
City of Edina Liquor 900.17
between the license issue dates.
B. Not more than four such licenses shall be issued to any one location in
a calendar year.
C. Only one such license shall be issued for any date.
D. Each such license shall allow the on-sale of non-intoxicating malt liquor
only, and only on the premises described in, and for the days specified in, the
license.
E. Each such license shall be issued for three consecutive days only.
Subd. 3 Application for Temporary License. An application for a temporary
license shall be submitted and processed pursuant to Subsection 900.06, including
payment of the fee in the amount as set forth in Section 185 of this Code. The fee
shall be non-refundable.
Subd. 4 Applicants to Which License Requirements Apply. The provisions of
Subsection 900.13 shall not apply to licenses issued pursuant to this Subsection.
Subd. 5 Transfer of License. Once granted, and upon application made at least
five days in advance of the dates for which the license is issued, an applicant may
request a transfer of the license to another period of three consecutive days. The
Manager may grant such transfer if no temporary on-sale non-intoxicating malt
liquor license has been issued for that same time period.
PART E - SPECIAL REQUIREMENTS FOR ON-SALE WINE LICENSES
900.17 Special Licensing Requirements; Fees. In addition to the requirements imposed by
Subsection 900.06, the following special requirements shall apply to on-sale wine licenses.
Subd. 1 Licensed Premises. On-sale wine licenses shall be issued only to premises
that meet the following requirements:
A. The premises must be a restaurant having seating capacity for not fewer
than 30 guests at one time which is located in the R-1 District, or the PCD-1,
PCD-2, PCD-3 Subdistricts, or the Mixed Development District as established
by Section 850 of this Code.
B. The premises must have an exclusive entrance from and exit to the
exterior of the building in which the license premises is located or to a public
concourse or public lobby, and have a physical barrier separating the licensed
premises from other areas so as to prevent the passing of patrons other than
900 - 11
City of Edina Liquor 900.17
through the required entrances and exits.
C. Have a valid food establishment license issued pursuant to Section 720
of this Code and have adequate space, as determined by the Sanitarian, for
the storage, preparation and handling or service of food and wine.
D. The premises must be under the control of the licensee.
E. The premises must have been approved by the Commissioner.
F. The premises shall not be increased in size or changed in seating capacity
during the then license period.
Subd. 2 Licensed Person. The on-sale wine licensee must:
A. Be an individual owner, a partnership or a corporation.
B. If an individual, not have (i) been convicted, within the five years prior
to the application for a license, of any violation of any law of the United
States, the State, or any other state or territory, or of any local ordinance
with regard to: (a) the manufacture, sale, distribution or possession for sale
or distribution of intoxicating liquor or other controlled substances as defined
by State Statute, (b) gambling, (c) theft, or (d) vice; or (ii) had an
intoxicating liquor license, including a wine on-sale license, revoked for any
violation of any statutes, ordinances or regulations relating to the
manufacture, sale, distribution or possession of liquor or wine.
C. Have a manager, licensed under Subd. 6 of this Subsection in charge of
and on the licensed premises at all times during which the licensed premises
are open for business.
D. Sign a statement indicating that the licensee has reviewed and
understands the pertinent provisions of this Section and applicable State
laws.
E. Not have applied for nor hold a federal wholesale or retail liquor dealer's
special stamp or a federal or State gambling or gaming stamp or license.
i
F. Not be an employee or elected official of the City.
G. Not have falsified any information given either in the application or in
the process of investigation.
H. On renewal, not have been found in violation of any provision of this
Section or applicable State Law.
900 - 12
City of Edina Liquor 900.17
I. If an individual, be a U.S. citizen or resident alien.
J. Not be financially indebted to a person who is disqualified under
paragraphs B., E., or F. of this Subd. 2.
Subd. 3 Additional Information on Application. In addition to the requirements
set forth in Subsection 900.06, the applicant, in the application form, shall provide
all information required by the State Department of Public Safety and other
information as deemed necessary by the City during the application process to
determine compliance with the provisions of this Section and applicable State Law.
Subd. 4 Renewal Applications. On-sale wine license renewal applications shall
be made at least 60 days before and not earlier than 150 days before the expiration
date of the license. A manager's license renewal application shall be made at least
30 days before and not earlier than 150 days before the expiration date of the
license. If, in the judgment of the Council as to on-sale wine licenses, and in the
judgment of the Manager as to manager's licenses, good and sufficient cause for the
applicant's failure to apply for a renewal within the time provided is shown, the
Council, or Manager, as the case may be, may, if the other provisions of this Section
are complied with, grant the license.
Subd. 5 Investigation Fees and Deposit. Upon application, the applicant shall
deposit$500.00 with the City for the investigation fee. If the investigation requires
out-of-state investigation, an additional$2,000.00 shall be deposited before further
processing of the application by the City. The cost of the investigation shall be
based on the expense involved, but in no event shall it exceed $500.00 if the
investigation is limited to the State or $10,000.00 if outside the State. All deposit
monies not expended on the investigation shall be refunded to the applicant. All
investigative expenses incurred in excess of the deposit shall be paid prior to
consideration of the license application by the Council. Investigation fees for license
renewal shall not exceed $100.00 unless there is a change of ownership of more
than 10% cumulatively over the then existing license period.
Subd. 6 Manager's License. The individual or individuals in charge of the licensed
premises pursuant to paragraph C. of Subd. 2 of this Subsection shall be licensed
pursuant to this Subd. 6.
A. Each individual manager shall apply for a manager's license on
application forms provided by the Clerk. The application shall be
accompanied by the fee in the amount set forth in Section 185 of this Code.
The application shall be processed in a manner similar to that for an on-sale
wine license except a manager's license shall be granted or denied by the
Manager. Each application shall describe the licensed premises to be
managed by the applicant. The manager's license shall be restricted to the
licensed premises described in the application and shall not be transferable
900 - 13
City of Edina Liquor 900.18
to any other individual.
B. No investigative fee shall be required for a manager's license application,
but if investigated with an application for an on-sale wine license and if
investigation of the proposed manager for the licensed premises results in
additional expense, or out-of-state investigation, additional deposits may be
required to be made under Subd. 5 of this Subsection.
C. The applicant for a manager's license, in order to be issued a manager's
license hereunder, shall and must comply with all requirements of this
Section and State Law which are applicable to an applicant for a manager's
license including, without limitation, Subd. 2 of this Subsection and
Subsection 900.18.
900.18 Conditions of Sale. In addition to the requirements of Subsection 900.07, the
following special requirements shall apply to the on-sale of wine.
Subd. 1 Meal Consumed With Wine. No person shall be sold, served or consume
wine who does not order a meal. The licensee shall advise all patrons of the
requirements of this Subd. 1 either through placards displayed in the restaurant or
notices contained in the menu and wine list.
Subd. 2 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume
may be sold or consumed.
Subd. 3 Denied Sales or Consumption. No sales or consumption of wine shall be
permitted at a bar or beyond the licensed premises.
Subd. 4 Container Volume Restrictions. Wine may not be sold, served or
consumed in containers larger in volume than one liter.
Subd. 5 Sale Prices for Wine. No licensee shall promote the consumption of wine
on the licensed premises by any means or methods which result in wine prices
which are less than those normally charged on the then regularly used menu,
including, but not limited to, two-for-one or similar offers, prizes, coupons, games
or barters.
Subd. 6 Diluting, Changing, or Tampering with Wine Prohibited. No licensee
shall sell, offer for sale or keep for sale, wine in any original package that has been
refilled or partly refilled. No licensee shall directly or through any other person,
dilute, or in any manner tamper with, the contents of any original package so as to
change its composition or alcoholic content while in the original package.
Possession on the premises by the licensee of any wine in the original package
differing in composition, alcoholic content or type from the wine received from the
manufacturer or wholesaler from whom it was purchased shall be prima facie
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City of Edina Liquor 900.24
evidence that the contents of the original package have been diluted, changed or
tampered with.
Subd. 7 Sunday Sales. Holders of wine licenses may sell wine during the same
hours on Sunday as holders of Sunday sale licenses may sell intoxicating liquor.
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.
PART G - MISCEU ANEOUS
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
900 - 15
I
City of Edina Liquor 900.26
City to enforce this Section in addition to the provisions of Sections 100 and 160 of this
i
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
procedures set forth in Section 160 of this Code.
900.25 Incorporation b Reference. The provisions of M.S. 340A. which are referenced
Y
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.
900.26 Automatic Termination. The provisions contained in Subd. 8 of Subsection
900.07 shall terminate automatically at 12:01 A.M. on October 27, 1994.
History: Ord 902 adopted 1-11-84, amended by Ord 902 AI 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; Subsection 900.22
repealed by Ord 1993-1 1-20-93, Ord 1993-1110-27-93
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
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City of Edina Land Use, Platting and Zoning 850.07
Subd. 12 Certain Sales Prohibited.
A. Except as provided in Section 1310 of this Code, the sale of goods or
merchandise from a motor vehicle, trailer, tent or other temporary or portable
building is prohibited in all districts.
B. No property used for residential purposes shall be used for garage sales,
estate sales or others sales of personal property for more than one period of
72 consecutive hours in any calendar year. The property offered for sale shall
consist only of items owned by the owner of the premises or by friends of
such owner. None of the items offered for sale shall have been purchased for
resale or received on consignment for purposes of resale.
Subd. 13 Platting Requirement. Any land proposed to be transferred from one
zoning district to another shall be platted into lots and blocks pursuant to and in
accordance with the requirements of Section 810 of this Code in connection with,
and at the time of the transfer. Any land which has been previously platted into
lots and blocks shall be likewise replatted to provide new lots and blocks which are
compatible in size, shape, location and arrangement with the property's intended
use.
Subd. 14 Drive-Through Facility Standards.
A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served.
1. Financial institutions: 3 stacking spaces per bay
2. Car wash: 25 stacking spaces per bay
3. Accessory car wash: 2 stacking spaces per bay
4. All other uses: 4 stacking spaces per bay
B. Location of Stacking Space.
1. No stacking space shall encroach into any drive aisle necessary for
the circulation of vehicles.
2. All stacking spaces shall provide the same setbacks as are required
by this Section for parking spaces.
3. In the case of uses described in subparagraph 4. of paragraph A.
of Subd. 14 above, if the drive-through bay is equipped with a facility
for placing an order which is separated from the location at which the
product or merchandise is received by the customer, not less than
three of the required stacking spaces shall be provided at the ordering
point.
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City of Edina Land Use, Platting and Zoning 850.07
C. Minimum Size of Stacking Space. The minimum size of each stacking
space shall be nine feet wide by 18 feet deep.
D. Accessory Canopies and Mechanical Equipment. All canopies and
equipment appurtenant to a drive-through facility shall provide the same
setbacks as are required for principal buildings.
E. Facilities Accessory to Restaurants. Drive-through facilities accessory to
restaurants shall be limited to two service bays.
Subd. 15 District Limits. For purposes of calculating the minimum site area,floor
area ratio, building coverage, setbacks and all other requirements of this Section,
a district or subdistrict shall be deemed not to extend beyond the right-of-way lines
of adjacent streets, alleys or highways which were dedicated, conveyed or acquired
prior to the transfer of land to that district or subdistrict. Districts which are
separated by public streets or highways shall be deemed to be separate and
independent districts and all requirements and restrictions contained in this Section
must be met separately and independently by each district.
Subd. 16 Temporary Buildings.
A. Improved Single Dwelling Unit and Double Dwelling Unit Lots. No
temporary or portable building or structure, including, without limitation,
any shed, tent or shelter, which is not permanently attached to the ground
shall be placed or stored within the required front street or side street
setback for the principal building and shall maintain an interior side yard and
rear yard setback of not less than five feet.
B. All Other Lots Including Unimproved Single Dwelling Unit and Vacant
Double Dwelling Unit Lots. No temporary or portable building or structure,
including, without limitation, any shed, tent or shelter, which is not
permanently attached to the ground shall be placed or stored upon a lot
except as accessory to, and during the construction of, permanent buildings
or structures.
Subd. 17 Outdoor Storage. All materials, supplies, finished or semi-finished
products, motor vehicles, trailers and all equipment shall be stored within a
completely enclosed building except:
A. Materials and equipment used for the construction or repair of structures
may be stored outdoors on the construction site during construction.
B. Motor vehicles, recreational vehicles and other vehicles may be parked or
stored outdoors in accordance with the Section 1045 of this Code.
850 - 50