HomeMy WebLinkAbout2008-01 Supplement Old Pages Debra Mangen
4801 West 50`h Street Phone 612 826-0408 City of Edina
Edina, MN 55424 Fax 612 826-0390
Memorandum
TO: Edina Code of Ordinance Users ak&
FROM: Debra Mangen, City Clerk C C ci
DATE: June 20, 2008
RE: Code Supplement 2008-01
1 am sending you the newest update for your Edina City Code book, Supplement No. 2008-01. This supplement
contains the ordinances adopted by the Edina City Council through June 17, 2008. Some pages have also been
updated correcting outdated reference. Please replace the following pages as noted:
Section 150—Replace entire section, updated by Ord. No. 2008-06
Section 180—Replace entire section, updated by Ord. No. 2007-21
Section 185-Schedule A—Replace pages 10& 11, updated by Ord. No. 2008-02
Section 815—Replace pages 5-7, updated by Ord. No. 2008-03
Section 850—Replace page 69&70, updated by Ord. No. 2008-04, replace pages 81 &82, updated
by Ord. No. 2008-01, and replace pages 129& 130, history updated by both ordinances.
Section 900—Replace entire section, updated by Ord. No.2008-07
Section 1000—Replace entire section,outdated reference updated
Section 1105—Replace entire section, updated by Ord. No. 2008-02
Section 1200—Replace entire section, outdated reference updated
Section 1225—Replace entire section, updated by Ord. No.2008-01
Section 1230—Replace entire section, outdated reference updated
Feel free to contact me with any questions regarding this supplement or Edina's Code. I would also like to note
that the City's Code can also be found on our web site at www.ci.edina.mn.us.And please be sure to let me
know if you spot an error so it can be corrected with the next supplement. Thanks!
CC: City Council
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.
C. Members of City boards, commissions, and committees.
150-1 Supplement 2005-02
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City of Edina General Code Provisions and Administration 150.04
D. Volunteer fire fighters and other volunteers.
E. The Manager.
Subd. 2 Provisions Inapplicable Under Certain Cases. Any employee included in
a collective bargaining agreement entered into in accordance with the Public
Employment Labor Relations Act (M.S. 179A.01 to 179A.30) shall be exempt from
any provision of this Section which is addressed by such agreement, except, however,
as specifically provided in Subsection 150.10, Subd. 1 hereof. Nothing in this Section
is intended to modify or supersede or to add to or to detract from any provision of the
Veterans' Preference Act, M.S. 197.455, 197.46 and 43A.11, or of any collective
bargaining agreement now in force.
Subd. 3 Benefits. Benefits created or granted by this Section, including, without
limitation, vacation leave, sick leave and severance pay, shall apply to and benefit only
regular full-time employees and not any regular part-time employees, temporary
full-time employees or temporary part-time employees, except as otherwise specifically
provided herein and except as otherwise required by applicable law.
Subd. 4 Rights, Duties and Benefits. The rights, duties and benefits of each
temporary full-time employee shall be as stated in, and shall be controlled by, that
employee's contract with the City, and not by this Section.
Subd. 5 Provisions. The provisions of this Section shall be subject to all applicable
laws, statutes, rules, sections and regulations, which shall control over any contrary or
inconsistent provisions of this Section.
150.04 Powers and Duties of Manager on Personnel Matters. The Manager shall
perform duties and exercise powers concerning personnel matters as follows:
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Subd. 1 Changes to Council. Recommend to the Council such changes in this
Section as the Manager may consider necessary or desirable.
Subd. 2 Changes in Status of Employees. Appoint, promote, transfer, reprimand,
suspend, demote, and dismiss department heads and City employees based on merit and
fitness. Merit and fitness may be determined by such oral, written or other
examinations, investigations or means, as may from time to time be deemed appropriate
by the Manager.
Subd. 3 Classification Plan. Prepare, put into effect and maintain a classification
plan based on duties, responsibilities and authority of the employees within the City.
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.
150-2 Supplement 2005-02
City of Edina General Code Provisions and Administration 150.06
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.
Subd.4 Criminal History Background Checks. At the direction of the Manager,
the Police Department is authorized to conduct criminal history background checks on
applicants for appointment to City employment where the Manager has determined that
conviction of a crime may relate to the position for which appointment is sought.
Criminal history background checks may be performed only for individuals who are
deemed by the Manager to be finalists for a paid or volunteer position. Prior to
performing a criminal history background check, the Police Department shall receive
from the Manager a written consent from the applicant agreeing to the background
check and to the release of information discovered by the background check to the
Manager and other City employees as determined by the Manager for the purpose of
determining the applicant's qualification for employment by the City. The failure by
the applicant to provide such a consent may disqualify the applicant for the position
sought.
150-3 Supplement 2005-02
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City of Edina General Code Provisions and Administration 150.07
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 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.
1504 Supplement 2005-02
City of Edina General Code Provisions and Administration 150.09
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, 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.
Subd. 2 Amount. The following accrual schedule shall apply to eligible employees:
150-5 Supplement 2005-02
City of Edina General Code Provisions and Administration 150.10
1 through 5 continuous years of 3.076 hours per pay period
regular full-time employment (10 days per year)
6 through 10 continuous years of 4.61 hours per pay period
regular full-time employment (15 days per year)
11 through 15 continuous years of An additional .307 hours per pay period or
regular full-time employment 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 (20 days per
service of regular full-time year)
employment.
Subd. 3 Conditions Affecting Accrual of Vacation. Although leaves of absence,
under Subsection 150.12 shall be included in the continuous years of service for the
purpose of determining accrual rates, vacation shall not accrue during leaves of absence
under said Subsection 150.12.
Subd. 4 When Taken. Vacation leave may be used as earned, subject to the
approval of the department head to the time at which it is taken and subject to the
provisions of Subd. 4 of Subsection 150.06.
Subd. 5 Maximum Annual Carry Forward. All regular full-time employees with
five continuous years of employment or less may carry forward from one calendar year
'to the next all vacation leave earned during the calendar year. All regular full-time
employees with more than five continuous years of employment may carry forward not
more than 40 hours of vacation earned during a calendar year. Vacation leave earned
but not taken which exceeds 40 hours per calendar year shall be deducted from each
employee's vacation balance at the end of each calendar year. The maximum amount
of vacation that may be taken during a calendar year is 25 days except that additional
days may be taken in accordance with the family and medical leave policy adopted
pursuant to subsection 150.13.
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 all accrued and unused vacation at the date of separation.
Subd. 7 Accrual During Leave. An employee using earned vacation leave shall
accrue vacation and sick leave during such use.
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
150-6 Supplement 2005-02
City of Edina General Code Provisions and Administration 150.12
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 with pay 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, childbirth or pregnancy disability,
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 with pay may also be granted for a variety of other family and
medical circumstances. The amount and conditions under which sick leave with pay
may be used for such circumstances is provided in the family and medical leave policy
adopted pursuant to Subsection 150.13 of this Code. Sick leave with pay may be
granted for a maximum of five days in the event of the death of an employee's spouse,
father, mother, spouse's father or mother or child and a maximum of three days in the
event of the death of an employee's grandparent, grandchild, brother or sister.
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.
Subd. 7. Unused Sick Leave Upon Termination. All employees who accrue sick
leave and who leave employment with the City in good standing, as described in
Subsection 150.16, shall be compensated for accrued and unused sick leave at the date
of separation as provided in the Policy for the Payment of Unused Sick Leave adopted
by the City Council on September 7, 1999, as amended by the Policy for a Health Care
150-7 Supplement 2005-02
City of Edina General Code Provisions and Administration 150.15
Savings Plan adopted by the City Council on March 18, 2003. Employees covered by a
collective bargaining agreement shall not be eligible for pay under this Subdivision
unless the collective bargaining agreement so provides.
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 Family and Medical Leave. The City will grant leave to eligible employees due to
a variety of family and medical circumstances. The City maintains a policy concerning the
eligibility for and the use of such leave in accordance with the Family and Medical Leave Act
of 1993.
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; 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,
150-8 Supplement 2005-02
City of Edina General Code Provisions and Administration 150.17
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
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.
150-9 Supplement 2005-02
City of Edina General Code Provisions and Administration 150.20
Severance Date. The last date on which the eligible employee performs duties
in full-time employment.
Subd. 2 Eligible Employees.
A. General Rule. The City shall provide severance pay only to those regular
full-time employees who are no longer in their original probationary period (as
contrasted with a promotional probationary period), who leave employment in
good standing as described in Subsection 150.16, whose employment ends:
1. Due to total and permanent disability, as determined by PERA under
PERA rules, or;
2. Due to the effects of a permanent elimination by the City of any
functions or activities of the City.
B. Special Rule. Regular full time employees hired prior to January 1, 2000,
who leave employment in good standing as described in Subsection 150.16 after
20 years of continuous service to the City shall be eligible for severance pay but j
only as provided in the Policy for the Payment of Unused Sick Leave adopted
by the City Council on September 7, 1999, as amended by the Policy for a
Health Care Savings Plan adopted by the City Council on March 18, 2003.
Regular full time employees hired after January 1, 2000, shall not be eligible for
severance payments as provided by this paragraph B.
C. Exclusion. Employees covered by a collective bargaining agreement shall
not be eligible for severance pay under this Subsection.
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Subd. 3 Amount. The eligible employee's severance pay shall be a lump sum
amount equal to six weeks pay.
Subd. 4 When Paid. The City shall pay the severance pay on the payday
immediately following the eligible employee's severance date. For total and permanent
disability, however, the City shall pay the severance pay on the payday immediately
following its receipt of appropriate notice of PERA's determination.
150.18 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.
150-10 Supplement 2005-02
City of Edina General Code Provisions and Administration 150.20
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.
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.
150-11 Supplement 2005-02
City of Edina General Code Provisions and Administration 150.23
D. Demotion or transfer.
E. Dismissal.
Subd. 3 Written Notice to Employee. Before any employee is suspended,
demoted, transferred, or dismissed for disciplinary reasons, the employee shall be given
written notice of the reason(s) for any such proposed action. The employee shall also
be given notice of a hearing to be held before the Manager. The employee may be
accompanied at the hearing by a representative. At this hearing the Manager shall
receive evidence offered in support of the reasons for the proposed action and evidence
as may be presented by or on behalf of the employee. After the close of the hearing, the
Manager shall consider the evidence presented and make a decision. Notwithstanding
the following provisions regarding notice of proposed action and an opportunity for
hearing before personnel action is taken, the City reserves the right in cases it considers
proper, such as those involving safety, and health considerations, or other hazards
affecting the interests of employees or other persons, or in other appropriate
circumstances as determined by the City, to remove an employee from the performance
of duties in whole or in part before any such hearing is held or decision made pending
such decision.
Subd. 4 Findings of Manager. The findings and conclusions of the Manager shall
be in writing, filed with the Clerk, and served on the employee. The decision of the
Manager shall be implemented upon such filing and service.
Subd. 5 Right to Appeal. In cases where the Manager decides to impose personnel
action affecting the employee as a result of proceedings instituted under this Section,
the employee shall have the right to appeal said decision to the Council. Said appeal
must be made in writing and filed with the Manager within five working days after the
notification to the employee of the decision of the Manager. The appeal and hearing
conducted pursuant to any such appeal before the Council shall be conducted as
determined by the Council and may include the appointment of a committee of the
Council to hear the appeal. Such committee 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 Drug Free Workplace. The City is committed to providing a healthy and efficient
150-12 Supplement 2005-02
City of Edina General Code Provisions and Administration 150.25
work force free from the effects of drug abuse. In keeping with this commitment, the City
maintains a policy in compliance with the Federal Drug-Free Workplace Act of 1988 and
applicable State law.
150.23 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.
150.24 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.
150.25 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.
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. 8 1501, et. seq)
History: Ord 121 codified 1970; repealed and replaced by Ord 122 12-6-89; amended by Ord
1994-8 9-28-94; Ord 1999-10 9-07-99; Ord 2003-5 3-18-03; Ord 2005-10 9-20-05
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
150-13 Supplement 2005-02
City of Edina General Code Provisions and Administration 180.04
Section 180 - Removal of Members of Boards, Commissions and
Committees
180.01 Purpose. The purpose of this Section is to provide for the removal from office of those
members of various governmental boards, commissions and committees who have repeated
absence from the regularly scheduled meetings of the board, commission or committee of
which they are member.
180.02 Removal. Any member now or hereafter appointed by the Council to any board,
commission or committee who fails to attend three consecutive meetings, whether regular or
special, or who fails to attend any four meetings in any calendar year, whether regular or
special, may be removed from office by the Mayor with the consent of a majority of the
Council Members.
180.03 Vacancies. Any member of a board, commission or committee who has been removed
pursuant to Subsection 180.02 shall be replaced by the appointment of a new member who
shall serve for the remainder of the term of the member removed. The appointment shall be
made in the same manner as original appointments to the board, commission or committee are
made.
180.04 Exceptions. The removal provisions of Subsection 180.02 shall not apply to members
of the Housing and Redevelopment Authority of Edina, the Edina Foundation, the East Edina
Housing Foundation or the Council.
History: Ord 162 adopted 4-4-74; amended by Ord 162 AI 3-6-75, Ord 162-A2 5-16-90
180- 1
City o a General Code Provisions and Administration 18 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
21.00 Per quarter for 1 1/2 inch meter
33.81 Per quarter for 2 inch meter
128.40 Per quarter for 3 inch meter
163.44 Per quarter for 4 inch meter
Flat Annual Charges as Follows: 0.00 Park Department for water used for sprinkling and skating rinks
0.00 Street Department for water used for flushing street
1105 1105.01 Subd. 1 Service Availability Charge (SAC) 1,825.00 Per SAC unit X number of SAC units computed pursuant to Subsection
1105.01, Subd, 1 of this code
1105 1105.02 Charge for Connection to City Water or 2,000.00 Minimum or assessment cost of like abutting properties
Sewer System
1110 1110.03 Storm Water Drainage Charge 15.54 Per quarter pursuant to formula in Subsection 1110.03
1115 1115.03 Water Surcharges Surcharges for violation the Irrigation Bans are determined based on the
number of water restriction violations issued to an owner in the previous
three years and are as follows:
Written
Warning First Offense
50.00 Second Offense
100.00 Third Offense
200.00 Fourth Offense
300.00 Each Additional Offense
1205 1205.01 Curb Cut Permit 40.00
1230 1230.07 Sidewalk Cafe Permit 633.00
1230.08 Temporary Liquor License Special Permit 315.00 Per event
1235 1235.03 Subd. 2 Parking Permit 4.00 per month pro-rated
Refund Parking Permit- Sticker Must 4.00 per month pro-rated
Be Returned
1300 1300.02 Subd. 1 Refuse or Recycling Hauler's License 300.00 per year for 1st vehicle
95.00 per year for each additional vehicle
1311 1311.03 Peddler/Solicitor Permit 30.00 per permit-valid for 14 calendar days
1311.04 Subd. 1 Registration for Peddling/Soliciting 50.00 per registration- valid for 90 calendar days
1325 1325.03 Tobacco Sale License 350.00 per location
1341 1341.02 Registration for Massage Therapists 15.00 Per therapist for those businesses exempt from licensure
1341 1341.05 Physical Culture&Health Service or 286.00 Business License
Club, Reducing Club or Salon, Sauna
Parlor, Massage Parlor or Escort Service
License
1341 1341.05 Investigation Fee- Business License 1,500.00
1345 1345.05 Subd. 1 Sexually-oriented Business License 5,000.00 per year
1345 1345.05 Subd. 2 Business License 1,500.00 At time of original application
18540 (Effective 1/1/08) Suunlement 2007-06
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
1350 1350.06 Subd. 1 Commercial Photography 30.00 Manager Permit- Still Photography
120.00 Manager Permit- Motion Photography
340.00 Council Permit
1400 1400.12 Truck Restrictive Road Permit 100.00
1410 1410.01 Redemption of Impounded Vehicle Fee as posted in Police Department
18: (Effective 1/1/08) SURD t 2007 06
City of Edina Land Use, Platting and Zoning 815.07
overall height. It is the intent of this provision to encourage the co-location of
telecommunication facilities on the same tower or on existing buildings or other
structures thereby reducing the number of towers in the City.
Subd. 6 Commercial Use Towers and Antennas Prohibited in the R-1, R-2, PRD-1
and PRD-2 Districts. Subject to the requirements of this Section, towers and antennas
of all kinds may be erected in the R-1, R-2, PRD-1, and PRD-2 Districts only for the
private telecommunication use of the residents of the premises. This prohibition does
not apply to properties in these districts developed with conditional uses, publicly
owned property, and golf courses.
Subd. 7 Commercial Use Towers Prohibited in Other Residential Districts. Towers
and ground mounted antennas may be erected in the PRD-3, PRD-4, PRD-5, PSR-3,
and PSR-4 Districts only for the private telecommunication use of the residents of the
premises. Subject to the requirements of this Section, commercial use antennas may be
affixed to buildings in these Districts.
815.07 Height Restrictions.
Subd. 1 Certain Residential Districts. In the R-1, R-2, PRD-1 and PRD-2 Districts
except lots developed with conditional uses as established by Section 850 of this Code,
publicly owned property or golf courses:
A. Except as provided in Subd 4 of this Subsection 815.07, no ground mounted
antenna, ground mounted tower or ground mounted tower with an antenna shall
exceed 30 feet in height.
B. Towers and antennas mounted on or attached to a building or structure shall
not extend higher than 18 feet above the highest point of the building or
structure.
C. Dish antennas shall not be in excess of 12 feet in height.
Subd. 2 Certain Residential and Non-residential Districts. In the PRD-3, PRD-4,
PRD-5, PSR-3, PSR-4, MDD-3,4,5,6, POD-1, PCD-1,2,4, APD and RMD Districts
and on lots in the R-1 District developed with conditional uses, publicly owned
property or golf courses:
A. No ground mounted antenna, ground mounted tower or ground mounted
tower with an antenna shall exceed 75 feet in height.
B. Roof mounted antennas and towers shall not extend higher than 18 feet
above the highest point of the building or structure.
C. Dish antennas shall have an overall height of no more than 18 feet.
Subd. 3 PCD-3, POD-2 and PID Districts. In the PCD-3, POD-2 and PID Districts
as established by Section 850 of this Code:
815 - 5 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 815.11
A. No ground mounted antenna, ground mounted tower or ground mounted
tower with antenna shall exceed 125 feet in height.
B. Roof mounted antennas and towers shall have a height of no more than 18
feet above the highest point of the building or structure.
C. Dish antennas shall have an overall height of no more than 18 feet.
Subd. 4 Amateur Radio Antennas. In accordance with the Federal Communications
Commission's preemptive ruling PRB1, towers and antennas erected for the primary
purpose of supporting amateur radio communications may exceed the height restrictions
of Subd. 1 of this Subsection 815.07 but shall not exceed 65 feet in height.
815.08 Co-Location Requirements. No permit shall be issued for a personal wireless
communication service tower measuring 75 feet or more in height unless the tower is designed
in all respects to accommodate facilities for at least one additional user. Such towers must be
designed to allow for the rearrangement of antennas to accommodate new antennas mounted on
the tower.
815.09 Existing Antennas and Towers. Existing antennas, dish antennas and towers which
do not conform to or comply with this Section are subject to the following provisions:
Subd. 1 Use and Replacement. Existing antennas, dish antennas and towers may
continue to be used for the purposes now used and as now existing, except as provided
in Subd. 2 of this Subsection, but may not be replaced, expanded, enlarged or added to
in any way without complying in all respects with this Section, except that antennas
may be replaced, without so complying, provided the new antenna or dish antenna fully
complies with the provisions of this Section.
Subd. 2 Destroyed or Damaged Antennas, Dish Antennas or Towers. If an antenna,
dish antenna or tower is damaged or destroyed due to any reason or cause whatsoever,
the same may be repaired and restored to its former use, location and physical
dimensions upon obtaining a building permit but without otherwise complying with this
Section. Provided, however, that if the cost of repairing or restoring such damaged or
destroyed antenna, dish antenna or tower would be 50 percent or more, as estimated by
the Building Official, of the cost of purchasing and erecting a new antenna, dish
antenna or tower of like kind and quality and to the former use, physical dimensions
and location, then the antenna, dish antenna, or tower may not be repaired or restored
except in full compliance with this Section.
815.10 Number of Antennas, Dish Antennas and Towers In Residential Districts. No
more than one exempt antenna, as provided in Subsection 815.03, one dish antenna requiring a
permit under the provisions of this Section, and one tower with antennas shall be allowed at
any one time on any lot in a residential district used for residential purposes.
815.11 Modifications. A modification to any requirements of this Section shall be processed
in the manner as a variance as set forth in Subd. 1 of Subsection 850.04 of this Code. If the
requested modification pertains to the requirements of Subd 2 or Subd 5 of Subsection 815.06,
815 - 6 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 815.13
the Zoning Board of Appeals shall, in addition to other facts and circumstances, find the
following:
A. The proposed location is essential for the operation of the
telecommunications system as determined by a qualified professional engineer.
B. Existing towers or other structures in the vicinity cannot accommodate the
proposed communication facilities due to inadequate structural capacity as
documented by a qualified professional engineer.
C. Existing towers or other structures in the vicinity cannot accommodate the
proposed communication facilities due to interference with existing or planned
communication facilities as documented by a qualified professional engineer.
D. Existing towers or other structures in the vicinity cannot accommodate the
proposed communication facilities due to inadequate height as documented by a
qualified engineer.
E. Owners of existing towers or other structures in the vicinity have denied
permission to located the proposed communication facilities on such existing
towers or other structures.
F. The proposed tower or antenna has been designed to reduce or eliminate
adverse effects on adjoining properties including visual obtrusiveness.
815.12 Abandoned Antennas, Dish Antennas and Towers; Removal. Any antenna, dish
antenna or tower which is not used for twelve successive months shall be deemed abandoned
and may be required to be removed in the same manner and pursuant to the same procedures as
for dangerous or substandard buildings established by Section 470 of this Code.
815.13 Interpretation. It is not the intention of this Section to interfere with, abrogate or
annul any covenant or other agreement between parties. Where this Section imposes a greater
restriction upon the use of premises for antennas, dish antennas or towers than are imposed or
required by other Sections of this Code, rules, regulations or permits, or by covenants or
agreements, the provisions of this Section shall govern.
History: Ord 812 adopted 6-10-71; amended by Ord 812-AI 6-17-81, Ord 812-A2 6-12-85,
Section 815 codified 8-26-92, Ord 1992-3 adopted 11-2-92, Ord 1997-5 8-18-97; Ord 2004-4,
4-29-04
Cross Reference: Section 185, 410, 850; Subsection 850.10
815 - 7 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.11
15.Day care facilities, pre-schools and 30' 35' 35' 35'
nursery schools.
C. Height
1. Single dwelling units 21/2 stories or 30 feet
buildings and structures whichever is less
accessory thereto.
2. Buildings and structures 1 1/2 stories or 18 feet
accessory to single whichever is less
dwelling unit buildings,
but not attached thereto.
3. All other buildings and 3 stories or 40 feet
structures whichever is less
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Special Setback Requirements for Single Dwelling Unit Lots.
1. Established Average Setback. When more than 25 percent of the
frontage on one side of a street between intersections is occupied by
buildings having front street setbacks of more or less than 30 feet, the
average setback of such existing buildings shall be maintained by all new or
relocated buildings or structures or additions thereto on the same side of
that street and between said intersections. If a building or structure or
addition thereto is to be built or located where there is an established
average setback and there are existing buildings on only one side of the
built or relocated building or structure or addition thereto, the front street
setback of said new or relocated building or structure or addition thereto
need be no greater than that of the nearest adjoining principal building. If a
building or structure or addition thereto is to be built or relocated where
there is an established average setback, and there are existing buildings on
both sides of the new or relocated building or structure or addition thereto,
the front setback need be no greater than that which would be established by
connecting a line parallel with the front lot line connecting the most forward
portion of the adjacent principal building on each side.
2. Side Street Setback. The required side street setback shall be increased
to that required for a front street setback where there is an adjoining interior
lot facing on the same street. The required side street setback for a garage
shall be increased to 20 feet if the garage opening faces the side street.
3. Interior Side Yard Setback. The required interior side yard setback shall
be increased by 6 inches for each foot the building height exceeds 15 feet.
For purposes of this subparagraph, building height shall be the height of
that side of the building adjoining the side lot line and shall be measured
from the average proposed elevation of the ground along and on the side of
the building adjoining the side lot line to the top of the cornice of a flat
roof, to the deck line of a Mansard roof, to a point on the roof directly
above the highest wall of a shed roof, to the uppermost point on a round or
850-69 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.11
other arch-type roof, to the average distance of the highest gable on a
pitched roof, or to the top of a cornice of a hip roof.
4. Rear Yard Setback - Interior Lots. If the rear lot line is less than 30 feet
in length or if the lot forms a point at the rear and there is no rear lot line,
then for setback purposes the rear lot line shall be deemed to be a straight
line segment within the lot not less than 30 feet in length, perpendicular to a
line drawn from the midpoint of the front lot line to the junction of the
interior lot lines, and at the maximum distance from the front lot line.
5. Rear Yard Setback - Corner Lots Required to Maintain Two Front
Street Setbacks. The owner of a corner lot required to maintain two front
street setbacks may designate any interior lot line measuring 30 feet or more
in length as the rear lot line for setback purposes. In the alternative, the
owner of a corner lot required to maintain two front street setbacks may
deem the rear lot line to be a straight line segment within the lot not less
than 30 feet in length, perpendicular to a line drawn from the junction of
the street frontages to the junction of the interior lot lines, the line segment
being the maximum distance from the junction of the street frontages.
6. Through Lots. For a through lot, the required setback for all buildings
and structures from the street upon which the single dwelling unit building
does not front shall be not less than 25 feet.
7. Accessory Buildings and Structures Used for Dwelling Purposes.
Subject to the requirements of paragraph B. of Subd. 7 of this Subsection
850.11, if any accessory building or structure (including, without
limitation, garages), or if any addition to or expansion of (including,
without limitation, an additional story on) an accessory building or structure
(including, without limitation, garages), is used or intended for use, in
whole or in part, for residential occupancy, then such accessory building or
structure or such addition or expansion, shall comply with all of the
minimum setback requirements for a single dwelling unit building.
B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling
unit shall be erected, placed or used on any lot unless the lot is subdivided into two
or more lots pursuant to Section 810 of this Code.
C. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 150 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
D. Basements. All single dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for purposes of this paragraph.
E. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a single dwelling unit building shall measure less than 18 feet in
width as measured from the exterior of the exterior walls.
850-70 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.14
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 30 percent of the tract. Publicly owned buildings
or structures shall be excluded from building coverage computations.
B. Maximum Floor Area Ratio. Non-residential uses shall not exceed a FAR of
0.5. Non-residential uses and residential uses in the aggregate shall not exceed an
FAR of 1.0. Tract area shall include all area in the approved Overall Development
Plan, exclusive of public street rights-of-way. Publicly owned buildings or
structures shall be excluded from FAR computations.
C. Setbacks. Setbacks shall be measured from the boundary of the tract or from
public street right-of-way.
Interior
Front Side Side Rear
Street Street Yard Yard
MDD-3 35' 35' 20' 35'
MDD-4 35' 35' 35' 35'
MDD-5 50' 50' 50' 50'
MDD-6 35' 35' 20' 35'
The minimum building setback shall be increased by I/2 foot for each foot the building
height exceeds the minimum required setback, provided, however, the required interior
side yard setback shall not be less than 35 feet if the boundary of the tract adjoins land
zoned and used for residential purposes.
D. Maximum Building Height.
MDD-3 3 stories or 40 ft. whichever is less
MDD-4 4 stories or 50 ft. whichever is less
MDD-5 No maximum, height determined by required setbacks
MDD-6 No maximum, height determined by required setbacks
Subd. 7 Usable Lot Area. Usable lot area not less than the amount specified below shall be
provided on the tract. Publicly owned or operated civic, cultural or recreational facilities
located on the tract may be counted as usable lot area. The front yard and side yard
established by the required front street or side street setback and areas occupied by
driveways, parking areas and garages shall not be counted as usable lot area.
Per Dwelling Unit
MDD-3 400 sq. ft.
MDD-4 400 sq. ft.
MDD-5 200 sq. ft.
MDD-6 200 sq. ft.
Subd. 8 Special Requirements. In addition to the general requirements described in
850-81 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.15
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area. The minimum tract area for subdistrict MDD-5 shall be
five acres. The minimum tract area for subdistrict MDD-6 shall be 50 acres.
B. Ownership or Control. The tract proposed for transfer to the Mixed
Development District shall be under common ownership and shall be planned and
developed as an integral unit.
C. Proposed Development Schedule. The Final Development Plan required by
Subsection 850.04 shall include a proposed schedule of construction of the major
components of the development as such major components are determined by the
Planner. The proposed schedule as approved by the Council shall become part of
the Final Development Plan. No more than 50 percent of the permitted gross floor
area of non-residential uses on the tract shall be constructed until a building permit
has been issued for, and construction begun on, at least 25 percent of the permitted
dwelling units.
D. Conditional Uses. Conditional uses shall:
1. Be contained within the same building as a principal use, except for
drive-through facilities.
2. Provide goods and services beneficial to the needs of the occupants and
residents of the principal uses and surrounding properties.
3. Have enclosed pedestrian access to the principal use.
E. Skyway Setbacks. In cases where pedestrian connections are made across and
above a street, the required setback for such connections may be reduced to zero
feet for a width of 120 feet.
F. Special Requirements for Retail Uses. Retail uses shall comply with the special
requirements provided by paragraphs, D, E, F, G, H, I, J, and K of Subd. 11 of
Subsection 850.16 of this Code.
850.15 Planned Office District (POD).
Subd. 1 Subdistricts. The Planned Office District shall be divided into the following
subdistricts:
Planned Office District - 1 (POD-1)
Planned Office District - 2 (POD-2)
Subd. 2 Principal Uses.
A. Business and professional offices.
B. Financial institutions including drive-through facilities, but excluding pawn
shops.
C. Post offices.
850-82 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.21
already completed, then the Planner may either: (1) issue an order
identifying the corrective actions that must be made within a specified
time period to bring the use or structure into compliance with the official
controls; or (2) notify the responsible party to apply for an after-the-fact
permit/development approval within a specified period of time not to
exceed 30-days.
4. If the responsible party does not appropriately respond to the Planner
within the specified period of time, each additional day that lapses shall
constitute an additional violation of this Subsection and shall be
prosecuted accordingly. The Planner shall also upon the lapse of the
specified response period notify the landowner to restore the land to the
condition which existed prior to the violation of this Subsection.
Subd. 14 Amendments
A. The flood plain designation on the Map shall not be removed from flood
plain areas unless it can be shown that the designation is in error or that the area
has been filled to or above the elevation of the regulatory flood protection
elevation and is contiguous to lands outside the flood plain. Special exceptions
to this rule may be permitted by the Commissioner of Natural Resources if he
determines that, through other measures, lands are adequately protected for the
intended use.
B. All amendments to this Subsection, including amendments to the Map, must
be submitted to and approved by the Commissioner of Natural Resources prior
to adoption. Changes in the Map must meet the Federal Emergency
Management Agency's (FEMA) Technical Conditions and Criteria and must
receive prior FEMA approval before adoption. The Commissioner of Natural
Resources must be given 10-days written notice of all hearings to consider an
amendment to this Subsection and said notice shall include a draft of the
amendment to this Subsection 850.21 or technical study under consideration.
History: Ord. 825 adopted 3-07-84 and repealed Ord. 811 and 816; 825-A1 not published;
amended by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-
86, 825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825-A10 not granted; 825-A11 9-2-87,
825-Al2 12-24-86; 825-A13 referred to staff--Council minutes 1-16-87; amended by 825-A14 12-
24-86, 825-A15 2-11-87, 825-A16 2-11-87; 825-A17 not developed; 825-A18 9-2-87, 825-A19 5-
27-87, 825-A20 4-29-89; 825-A21 not developed; 825-A22 3-23-88; 825-23 referred to Planning
Commission 6-06-88; 825-A24 withdrawn; 825-A25 5-03-89, 825-A26 8-24-88; 825-A27 10-30-
91; amended by 825-A28 5-03-89, 825-A29 5-03-89, 825-A3012-13-89, 825-A31 10-25-89, 825-
A32 12-20-89, 825-A33 1-31-90, 825-A34 8-29-90, 825-A35 8-29-90, 825-A36 8-29-90; 825-A37
reconsidered; 825-A3811-28-90. Amended by Ord. 850-A1 3-3-93; Ord 850-A2 6-30-93;Ord 850-
A3 8-2-93; Ord. 1993-10 8-16-93; Ord 850-A4 8-15-94; Ord 850-A5 9-19-94; Ord. 1995-6 8-7-
95; Ord. 1995-10 12-04-95; Ord 1995-9 2-5-96; Ord 850-A7 5-20-96; Ord 1996-2 9-16-96,-Ord
850-A8, 12-16-9; Ord 1997-2 2-18-97; Ord 850-A9, 4-21-97; Ord 850-A10, 4-21-97; Ord 850-
A11, 7-7-97; Ord 850-Al2, 9-15-97; Ord 1997-1111-5-97; Ord 850-A13, 2-17-98; Ord 850-A14,
5-18-98; Ord 850-A15, 9-22-98; Ord 1999-11, 11-16-99; Ord 850-A16, 2-15-00; Ord 2000-4, 2-
15-00; Ord 850-A17 4-18-00; Ord 850-A18 7-5-00; Ord 2000-7 7-5-00,-Ord 850-A19 16-00; Ord
850-A20 6-19-01; Ord 850-A21 6-19-01; Ord 2001-03, 6-19-01; Ord 2001-7 10-3-01; Ord No.
850-A22 3-19-02; Ord No. 2002-03, 6-18-02; Ord 2002-06 9-27-02; 2003-03 2-4-03; Ord 2003-
06, 6-3-03; Ord 2003-12 12-16-03; Ord 2004-7, 5-18-04; Ord. 2004-11, 8-17-04; Ord 2005-03
5-3-05; Ord 2005-06 6-21-05; Ord 2006-01, 03-06-06; Ord 2006-02, 03-06-06; Ord 2007-03;
850-129 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.21
02-20-07; Ord 2007-08 6-1-/07; Ord 2007-09, 06-05-07; Ord. 2007-12, 06-19-07; Ord 2007-13,
06-19-07; Ord 2007-16, 12-4-07; Ord 2007-17, 11-20-07
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
Cross-Reference: Sections 185, 445, 705, 801, 805, 810, 815, 1045, 1310, 1345, 1405
Note: The Federal Emergency Management Agency ("FEMA") has established criteria for
removing the special flood hazard area designation for certain structures properly elevated on fill
above the 100 year flood elevation. FEMA's requirements incorporate specific fill compaction and
side slope protection standards for multi-structure or multi-lot developments. These standards
should be investigated prior to initiation of site preparation if a change of special flood hazard
area designation will be requested.
850-130 Supplement 2007-06
City of Edina Liquor 900.01
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
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.
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 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 721 of this Code.
Hotel. An establishment where food and lodging are regularly furnished to transients
and which has a dining room serving the general public at tables and having facilities
for seating at least 30 guests at one time, and at least 50 guest rooms.
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.
License. A license granted pursuant to this Section.
Licensed Premises. The area shown in the license application as the place where wine
or liquor will be served or consumed.
Liquor. 3.2 percent malt liquor, intoxicating liquor, and intoxicating malt liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
900-1 Supplement 200401
City of Edina Liquor 900.02
Off-Sale. Retail sale in the original package for consumption away from the premises
only.
On-Sale. Sale for consumption on the premises only.
Original Package. Any container or receptacle holding liquor, in which the liquor is
I
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, Sell, Sold. 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 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.
3.2 Percent Malt Liquor. Any potable beverage with an alcoholic content of more
than one-half of one percent by volume and not more than 3.2 percent by weight.
Wine. Vinous beverage created by fermentation.
900.02 Off-Sale Limited to Municipal Liquor Stores; Dispensary Established. 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 for the off-sale of liquor and wine. There is
hereby established a municipal liquor dispensary for the off-sale and on-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 Off-Sale Dispensary. The following shall apply to the municipal liquor
dispensary for the off-sale of liquor and wine:
A. 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.
B. 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.
900-2 Supplement 2004-01
City of Edina Liquor 900.04
C. Subject to the requirements of M.S. 340A.504, the hours of operation and the
dispensary shall be established by resolution of the Council.
D. All restrictions as to the manner of conducting sales as set forth in Subsection
900.10 except Subd. 7 thereof shall apply to the dispensary.
Subd. 2. On-Sale Dispensary. Alltrand 900x12 shall applythe er of conducting sales as
to the municipal liquor
set forth in subsections 900.10, 900.11
dispensary for the on-sale of liquor and wine."
900.03 License Required. No person, except wholesalers or manufacturers to the extent
authorized by law, directly or indirectly, upon any pretense or by any device, shall sell at
off-sale any 3.2 percent malt liquor or at on-sale any 3.2 percent malt liquor, intoxicating malt
liquor, wine or intoxicating liquor without first having obtained a license, other than sales by
the City at its municipal liquor dispensary.
900.04 License Types. Licenses shall be of eight types:
A. On-Sale Club Liquor License - permits the on-sale of liquor and wine at
qualifying clubs. Only establishments possessing an On-Sale Club License on
December 31, 1998, shall be eligible for receiving an On-Sale Club Liquor
License pursuant to this Section.
B. On-Sale Intoxicating Liquor License - permits the on-sale of liquor and wine
at qualifying hotels and restaurants. A qualifying hotel with multiple points of
liquor sale and service within the hotel may operate under a single On-Sale
Intoxicating Liquor License provided that the sale of food and liquor is under
the exclusive ownership and control of the licensee. Any restaurant or other
facility serving liquor within a hotel which operates under separate ownership or
control shall be considered a distinct entity for purposes of this Section.
C. Off-Sale 3.2 Percent Malt Liquor License - permits the off-sale of 3.2
percent malt liquor at certain retail establishments.
D. On-Sale 3.2 Percent Malt Liquor License - permits the on-sale of 3.2
percent malt liquor at certain retail establishments.
E. Wine License - permits the on-sale of wine at qualifying hotels and
restaurants. (Intoxicating malt liquor may be sold on premises holding both a
3.2 percent malt liquor on-sale license and a wine license.)
F. Temporary On-Sale Intoxicating Liquor License - permits the on-sale of 3.2
percent malt liquor, intoxicating malt liquor, wine and intoxicating liquor at
events sponsored by certain organizations. Not more than two such licenses
shall be issued to the same organization or corporation in a calendar year with at
least 30 days between issue dates. Each license shall be issued for not more
than three consecutive days. The City Council may restrict such licenses to the
sale of 3.2 percent malt liquor, intoxicating malt liquor or wine only.
900-3 Supplement 200401
City of Edina Liquor 900.5
G. Temporary On-Sale 3.2 Percent Malt Liquor License - permits the on-sale
of 3.2 percent malt liquor at events sponsored by certain organizations. Not
more than two such licenses shall be issued to the same organization or
corporation in a calendar year with at least 30 days between issue dates. Each
license shall be issued for not more than three consecutive days.
H. Sunday On-Sale License - permits the on-sale of intoxicating liquor on
Sunday. Only persons holding an On-Sale Intoxicating Liquor License or an On-
Sale Club Liquor License may hold a Sunday On-Sale License
900.05 License Applications; Renewal. An application for any license required by this Section
or the renewal of an existing license shall be made on forms provided by the Clerk. The
provisions of Section 160 of this Code, shall apply to all licenses required by this Section, and
to the holders of such licenses, except that licenses and renewals shall be granted or denied in
accordance with Subsection 900.06. All applications shall be accompanied by the fees set forth
in Subsection 900.07. Every license issued under this Section shall expire at 12:01 A.M. on
April 1 following its date of issuance. Renewal applications shall be submitted at least 60 days
but not more than 150 days before expiration of the license. If, in the judgment of the Council
as to off-sale and on-sale licenses, good and sufficient cause for the applicant's failure to apply
for a renewal within the time provided is shown, the Council, may, if the other provisions of
this Section are complied with, grant the license. In addition to the application requirements
provided in Section 160 of this Code, applicants shall also provide the following:
A. The type of license the applicant seeks;
B. A description of the type of business to be transacted on the licensed
premises;
C. Proof of financial responsibility with regard to liability imposed by M.S.
340A.801 in the manner and to the extent required by M.S. 340A.409. If the
applicant claims exemption from the requirements of said Statute, proof of
exemption shall be established by affidavit given by the applicant in form and
substance acceptable to the Clerk;
D. All forms and information required by the Police Chief, the Minnesota
Department of Public Safety and the Minnesota Department of Revenue;
E. Any affidavits of the applicant as required by the Clerk, on forms provided
by the Clerk, in support of the application;
F. Authorization to release information obtained in connection with the
application;
G. A statement signed by the applicant stating that he or she has reviewed and
understands the pertinent provisions of this Section and State law;
H. In the case of an application for a Wine License, or On-Sale Intoxicating
Liquor License, the applicant shall provide evidence satisfactory to the Clerk as
900-4 Supplement 2004-01
City of Edina Liquor 900.7
to compliance with the requirements of Subd. 2 of Subsection 900.12 as to the
completion of an alcohol awareness program;
I. In the case of an application for a Wine License or On-Sale Intoxicating
Liquor License, the applicant shall provide evidence satisfactory to the Clerk as
F,
to comp ' :of fid: 3 ,a mwmz '"OA2. as to the
percentage of food sold on the licensed premises. This requirement 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 on a Wine
License or an On-Sale Intoxicating Liquor License, or at other times as the
Clerk may request. If the application is for the renewal of a Wine License or an
On-Sale Intoxicating Liquor License, the affidavit shall also include the actual
percentage of gross receipts attributable to the sate of food during the
immediately preceding 12-month period. The Cie k shall require that any sueh
affidavit be verified and confirmed, on a form provided by the Clerk, by a,
Certified Public Accountant 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.
J. In the case of an application for a Temporary On-Sale 3.2 Percent Malt
Liquor License or a Temporary On-Sale Intoxicating Liquor License. The
applicant shall provide evidence satisfactory to the Clerk that the applicant
complies with the requirements of Subsection 900.08 as to being a qualified
corporation or organization.
K. Any other information deemed necessary by the Manager to undertake
consideration of the application.
900.06 Consideration of Application; Public Hearing. The provisions of Section 160 of
this Code shall apply to all licenses required by Subsection 900.04 and to the holders of such
licenses, provided that all licenses shall be granted or denied by the City Council and the
Commissioner, if required by State law. The City Council shall conduct a public hearing on
the application for a new On-Sale Intoxicating Liquor License or a Temporary On-Sale
Intoxicating Liquor License within a reasonable period following receipt of a complete
application and completion of the investigation required by Subsection 900.05. A notice of the
date, time, place and purpose of the hearing shall be published once in the official newspaper
not less than ten days before the date of the hearing. After hearing the oral and written views
of all interested persons, the Council shall make its decision at the same meeting or at a
specified future meeting. No hearing shall be required for the renewal or the transfer of an
On-Sale Intoxicating Liquor license.
900.07 Fees.
Subd. 1 Application Fee. The annual license application fee shall be the amount
set forth in Section 185 of this Code. When a new Wine License or On-Sale
Intoxicating Liquor License is issued for a portion of a year, the annual license
application fee shall be prorated at the rate of one twelfth of the license fee per month
900-5 Supplement 2004-01
City of Edina Liquor 900.8
or portion of a month remaining in the license year at the time of application. The
annual license application fee for a Wine License or for an On-Sale Intoxicating Liquor
License may be refunded, less costs incurred by the City as determined by the Clerk, in
the event that the application is withdrawn by the applicant or denied by the Council.
Subd. 2 On-sale Intoxicating Liquor License Renewal Fee. A business with an On-
sale Intoxicating Liquor License that passes the annual compliance checks, with no
violations carrying a penalty of $500 or greater, under the Administrative Liquor
Enforcement Penalty matrix, shall be eligible for a reduction in the annual license fee.
The annual license fee reduction shall be $500, up to a maximum of $1,000 for two
consecutive license years with no violations.
Subd. 3 Refunds. A monthly pro-rata share of the annual license fee for a Wine
License or an On-Sale Intoxicating Liquor License issued pursuant to this Section may
be refunded, less the cost of issuance as determined by the Clerk, if:
A. The business permanently ceases to operate;
B. The license is transferred to a new licensee in accordance with Subsection
900.13 and the City receives a license fee for the remainder of the license term
from the transferee; or
C. A premises licensed to sell wine receives an On-Sale Intoxicating Liquor
License prior to the expiration of the Wine License. In this instance, a pro-rata
share of the Wine License fee may be refunded.
Subd. 4 Investigation Fees. Upon application for a new or the transfer of an
existing Wine License, On-Sale Intoxicating Liquor License, On-Sale 3.2 Liquor
License or Off-Sale 3.2 Liquor License, the applicant shall deposit $500.00 with the
City for the investigation fee. If the investigation requires an out-of-state investigation,
an additional $2,000.00 shall be deposited before further processing of the application
by the City. The Clerk may from time to time require the deposit of additional
investigation fees up to the limits provided herein before further processing of the
application if the cost of investigation exceeds the amounts previously deposited. 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 deposited 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 $200.00 unless there is a change of ownership of more
than 10% cumulatively over the then existing license period.
900.08 Persons Ineligible for License. The following restrictions apply to any applicant
who is a natural person, a general partner if the applicant is a partnership, or a corporate
officer if the applicant is a corporation. No license shall be granted to:
Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101, or any manufacturer
of 3.2 percent malt liquor, or to any person who has a financial interest, directly or indirectly,
in such manufacturer, brewer or wholesaler.
900-6 Supplement 2004-01
City of Edina Liquor 900.8
A.Any person under the State established legal drinking age.
B. 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.
C. Any person not eligible under M.S. 340A.402, the regulations of the Commissioner
or Section 160 of this Code.
D.Any person who has (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.
E. Any person who has applied for or holds a federal wholesale or retail liquor dealer's
special stamp or a federal or State gambling or gaming stamp or license.
F. Any person who is an employee or elected official of the City.
G.Any person who has falsified any information given either in the application or in
the process of investigation.
H.Any person who upon renewal, has been found in violation of any provision of this
Section or applicable State Law.
I. If an individual, any person who is not a U.S. citizen or resident alien.
J. Any person who is financially indebted to a person who is disqualified under this
Subd.
K. If for a Temporary On-Sale Intoxicating Liquor License, any organization other than
the Edina Chamber of Commerce, the 50th and France Business and Professional
Association, the Edina Community Foundation or the City. A holder of a Temporary
On-Sale Intoxicating Liquor License shall not be eligible to hold a Temporary On-Sale
3.2 Percent Liquor License during all or part of the same license term.
L. If for a Temporary On-Sale 3.2 Percent Malt Liquor License, any person who is not
a non-profit corporation or organization that has been in existence for at least three
years where the serving of alcoholic beverages is incidental to and not the main purpose
of the organization and which is organized for i) charitable or religious purposes for
which gifts are deductible from the income of the donor under the Internal Revenue
Code of 1986, as now enacted or as supplemented or amended, ii) service to the nation,
state or community, iii) social purposes, iv) promotion of sports, v) promotion of
persons to elective office, or vi) promotion of business within the community. A holder
of a Temporary On-Sale 3.2 Percent Malt Liquor License shall not be eligible to hold a
900-7 Supplement 2005-01
City of Edina Liquor 900.9
Temporary On-Sale Intoxicating Liquor License during all or part of the same license
term.
M. . If for an On-Sale Intoxicating Liquor License, any person who holds an interest
in an On-Sale Intoxicating Liquor License or has made application for such a license for
more than three locations in the City. It is the intent hereof that no person may possess
or hold an interest in more than three On-Sale Intoxicating Liquor Licenses at one time
in the City. For purposes hereof, "interest" includes any pecuniary interest in the
ownership, operation, management or profits of the establishment, but does not include:
i) bona fide loans, rental agreements, open accounts or other obligations held with or
without security arising out of the ordinary and regular course of business or selling or
leasing merchandise, fixtures or supplies to such establishment or ii) any interest of five
percent or less in any corporation holding an On-Sale Intoxicating Liquor License
900.09 Places Ineligible for a License
Subd. 1 General Restrictions. No off-sale or on-sale license shall be granted or
renewed for:
A. Any property on which taxes, assessments or other financial claims of the
State, County or City are due, delinquent or unpaid.
B. Any property on which the business is to be conducted is owned by a person
who is ineligible for a license pursuant to Subsection 900.08
C. Any property located within 300 feet of a place of worship or an
elementary, junior high or senior high school having a regular course of study
accredited by the State. A location which holds a license under this Section shall
not be declared ineligible for license renewal or transfer due to a place of
worship or school that was newly located in its proximity after license issuance.
The provisions of this paragraph shall not apply to Temporary On-Sale 3.2
Percent Malt Liquor Licenses.
D. Any property where a license issued under this Section has been revoked
during the preceding year unless the issuance of the license is unanimously
approved by the Council then present.
E. Any property where the conduct of the business is prohibited by Section 850
of this Code.
F. Any property not eligible under M.S. 340A and the regulations of the
Commissioner.
G. Any property used as a sexually oriented business as defined by Section 850
of this Code.
Subd. 2 Off-Sale 3.2 Percent Malt Liquor Licenses. In addition to the
requirements of Subd. 1 of this Subsection, no Off-Sale 3.2 Percent Malt Liquor
900-8 Supplement 2005-02
City of Edina Liquor 900.10
License shall be granted to any theater, recreation establishment, public dancing place
or establishment holding any on-sale license.
Subd. 3 On-Sale 3.2 Percent Malt Liquor Licenses. In addition to the
requirements of Subd.I of this Subsection, no On-Sale 3.2 Percent Malt Liquor License
shall be granted for establishments other than (i) private clubs which have been
incorporated for more than ten years and which own and operate 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) the Edina Golf Dome, (v) bowling
centers and (vi) hotels. The provisions of this Subdivision do not apply to Temporary
On-Sale 3.2 Percent Malt Liquor Licenses.
Subd. 4 Wine Licenses. In addition to the requirements of Subd. 1 of this
Subsection, no Wine License shall be granted to any establishment other than a
restaurant located in the PCD-1, PCD-2, PCD-3 Subdistricts, the Mixed Development
District or the Planned Office District.
Subd. 5 On-Sale Intoxicating Liquor Licenses. In addition to the requirements of
Subd. 1 of this Subsection, no On-Sale Intoxicating Liquor License shall be granted to
i) any establishment other than a restaurant or hotel located in the PCD-2, PCD-3,
POD-2 Subdistricts or the Mixed Development District as established by Section 850 of
this Code ii) any amusement or recreation establishment including amusement arcades,
bowling centers, pool halls or establishments offering amusement devices as defined by
Section 215 of this Code. In addition, no On-Sale Intoxicating Liquor License shall be
granted to any establishment located in the PCD-2 Subdistrict which will contain more
than 200 seats; provided, however, a premises in the PCD-2 Subdistrict holding a wine
license issued by the City which was in effect on December 31, 1998, and which
contains more that 200 seats may be issued an On-Sale Intoxicating Liquor License but
the licensed premises shall not be thereafter expanded to include more seats than existed
on December 31, 1998. For purposes of the preceding sentence, outdoor, seasonal
dining areas shall not be included in the seat count provided that such outdoor seating
comprises 20 percent or less of the total seating capacity of the licensed premises.
Subd. 6 Temporary Licenses. In addition to the requirements of Subd 1 of this
Subsection, not more than four Temporary On-Sale 3.2 Percent Malt Liquor licenses
and not more than two Temporary On-Sale Intoxicating Liquor Licenses shall be issued
for any one location in a calendar year with at least 30 days between issue dates. For
purposes of this paragraph, "location" shall mean a physical location within 1000 feet
or the perimeter of the premises first licensed in the calendar year.
900.10 General Restrictions; Conditions of Sale.
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.
900-9 Supplement 2006-02
City of Edina Liquor 900.10
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 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 there
are persons within the licensed premises.
Subd. 7 Hours of Sale. The hours and days of sale shall be as set forth in M.S.
340A.504. Except, however:
A. Establishments holding a Wine License under this Section or establishments
holding both an On-Sale Club Liquor License and a Sunday On-Sale License
under this Section may sell intoxicating liquor or wine in conjunction with the
sale of food between the hours of 10:00 A.M. and 12:00 midnight on Sundays,
provided that the licensee is in conformance with the Minnesota Clean Air Act,
and
B. Establishments holding both an On-Sale Intoxicating Liquor License and a
Sunday On-Sale License may sell intoxicating liquor and 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.
Subd. 8 Hours of Consumption. No liquor or wine shall be consumed by any
person on, in or about a licensed premises more than 30 minutes following the time
established by this Subsection for cessation of the sale of wine or liquor.
Subd. 9 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. 10 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.
900-10 Supplement 2006-02
City of Edina Liquor 900.11
Subd. 11 Illegal to Permit Mixing. Except as permitted by a license issued pursuant
to this Section, no person shall consume, or permit the consumption, mixing or spiking
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. 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.
Subd. 12 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 wine, shall be prohibited. Permits for bottle clubs issued by the
Commissioner under M.S. 340A.414 shall not be approved by the Council.
Subd. 13 Posting of License. A license issued under this Section shall be posted in a
conspicuous place in the licensed premises.
Subd. 14 Compact and Contiguous Premises. A license issued under this Section is
only effective for the compact and contiguous space specified in the approved license
application. No sales or consumption of wine or liquor shall be permitted beyond the
licensed premises. The licensed premises shall not be increased in size or seating
capacity during the then license period.
Subd. 15 Sobriety and Order. A licensee shall be responsible for the conduct of
business being operated and shall maintain conditions of sobriety and order.
Subd. 16 Adult Entertainment Prohibited. The Findings, Purpose and Objectives
of Section 1345 of the City Code are hereby incorporated by reference. No licensee
shall permit any specified sexual activities, the presentation or display of any specified
anatomical areas or the conduct of a sexually oriented business all as defined by Section
850 of this Code on the licensed premises or in areas adjoining the licensed premises
where such activities or the conduct of such a business can be seen by patrons of the
licensed premises
Subd. 17 State Law. All applicable provisions of State Law shall be complied with in
connection with the sale of wine and liquor.
900.11 Special Requirements for the On-Sale of 3.2 Percent Malt Liquor. In addition to
the requirements imposed by Subsection 900.10, the following special requirements apply
to the on-sale of 3.2 percent malt liquor:
Subd. 1 Place of Serving and Consumption. 3.2 percent malt liquor sold pursuant
to a 3.2 percent malt liquor license 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 consumed or served at the following locations:
900-11 Supplement 200401
City of Edina Liquor 900.12
A. At counters where food is regularly served and consumed.
B. On decks, patios and other outdoor dining areas which are adjacent to the
licensed premises.
C. On grounds of a golf course.
Subd. 2 Temporary Licenses. The provisions of Subd. 1 of this Subsection do not
apply to 3.2 percent malt liquor sold pursuant to a Temporary 3.2 Percent Malt Liquor
License.
900.12 Special Requirements for the On-Sale of Wine, Intoxicating Malt Liquor and
Intoxicating Liquor. In addition to the requirements of Subsection 900.10, the following
special requirements apply to the sale of wine, intoxicating malt liquor and intoxicating
liquor sold pursuant to a Wine License or and On-Sale Intoxicating Liquor License issued
in accordance with this Section:
Subd. 1 Licensed Premises. The licensed premises must:
A. 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 through the required entrances
and exits. L
B. 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, wine, and liquor.
C. The premises shall not have more than 15 percent of its seating capacity
located at a bar or service counter.
Subd. 2 Alcohol Awareness Training.
A. Within 30 days following the issuance of a new Wine License or a new On-
Sale Intoxicating Liquor License, not less than 75% of the employees authorized
to serve or sell wine or liquor on the licensed premises shall have completed an
alcohol awareness program approved by the Police Chief.
B. Not less than 75% of the employees authorized to serve or sell wine or
liquor on the licensed premises must complete an alcohol awareness program
approved by the Police Chief within 90 days prior to an application for license
renewal for a Wine License or a On-Sale Intoxicating Liquor License.
Subd. 3 Percentage of Food Sold. Not less than 60 percent of the restaurant's or
hotel's gross receipts from the combined sale of food, non-alcoholic beverages, wine
and liquor, on an annual basis, shall be attributable to the sale of food and non-
alcoholic beverages.
900-12 Supplement 200401
City of Edina Liquor 900.13
Subd. 4 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume
may be sold or consumed on a premises holding a Wine License.
Subd. 5 Denied Sales or Consumption. No sales or consumption of wine or liquor
shall be permitted beyond the licensed premises.
Subd. 6 Container Volume Restrictions. Wine may not be sold, served or
consumed in containers larger in volume than one liter.
Subd. 7 Sale Prices. No licensee shall promote the consumption of wine or liquor
on the licensed premises by any means or methods which result in 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. 8 Diluting, Changing, or Tampering with Wine or Liquor Prohibited. No
licensee shall sell, offer for sale or keep for sale, wine or liquor 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 evidence that the
contents of the original package have been diluted, changed or tampered with.
Subd. 9 Sales in Hotels. No sale of wine or liquor shall be made to or in guest
rooms of hotels unless:
A. The rules of such hotel provide for the service of meals in guest rooms;
B. The sale of such wine and liquor is made in the manner which conforms to
the requirements of Subsection 900.12;
C. Such sales is incidental to the regular service of meals to guests in their
rooms; and
D. The rules of such hotel and the description, location, and number of such
guest rooms are fully set out in the license application.
900. Special Requirements for Temporary Licenses. In addition to the requirements of
Subsection 900.10 and Subd 4, Subd 6 and Subd 8 of Subsection 900.12, the following special
requirements apply to the sale of 3.2 percent malt liquor, wine and intoxicating liquor sold
pursuant to a Temporary On-Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale
Intoxicating Liquor License issued in accordance with this Section:
Subd.1 Licensed Premises. The licensed premises must have a physical barrier
separating the licensed premises from other areas so as to prevent the passing of patrons
in locations other than through approved entrances and exits.
900-13 Supplement 200401
City of Edina Liquor 900.14
Subd. 2 Sales and Consumption. No sales or consumption of alcoholic beverages
shall be permitted beyond the licensed premises.
Subd. 3 Manager. The Council may require that the licensed premises be under the
direct supervision of a manager approved by the Police Chief. In approving the
qualifications of the manager, the Police Chief shall consider the manager's experience
in overseeing the operation of an establishment that serves alcoholic beverages.
Subd. 4 Police Protection. If required by the Council, the applicant shall provide, at
the applicant's expense, policing of the license premises by security personnel approved
by the Police Chief.
Subd 5 Age of Servers. For a Temporary On-Sale Intoxicating Liquor License, all
persons engaged in the service of alcoholic beverages must be not less than 21 years of
age.
Subd. 6 Hours of Sale and Consumption. In addition to the provisions of Subd. 7
and Subd. 8 of Subsection 900.10 of this Code, the Council may further restrict the sale
and consumption of alcoholic beverages pursuant to a temporary license to certain
hours.
Subd. 7 Sale Prices. No licensee shall promote the consumption of alcoholic
beverages on the licensed premises by any means or methods which result in prices
which are less than those normally charged during the license term including, but not
limited to, two-for-one offers, happy hours, or other similar offers, prizes, coupons,
games or barters.
Subd. 8 Other Requirements. The City Council may impose other requirements, as it
deems necessary to promote public safety.
900.14 Restrictions on Transfer of License. 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. Any change in the persons 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 1,
900-14 Supplement 2004-01
City of Edina Liquor 900.17
Clerk and the new officer shall comply with all requirements of this Section and
Section 160 of this Code.
900.15 Penalties; Revocation or Suspension. The penalty and remedy provisions of M.S.
340A.415 are hereby adopted and made a part of this Code and shall be useable by the City to
enforce this Section in addition to the provisions of Sections 100 and 160 of this Code.
Provided, however, the hearing required by said Statute before a license can be suspended or
revoked shall be before the Council and shall be held pursuant to the procedures set forth in
Section 160 of this Code.
900.16 Inactive Licenses. The City Council may revoke an On-Sale Intoxicating Liquor
License granted to an establishment which has i) failed to make satisfactory progress toward
completion of the construction of a new licensed premises or ii) ceased operation for a period
of six months or more. The provisions of Subsection 900.14 shall apply to such revocations.
900.17 Incorporation by Reference. The provisions of M.S. 340A. which are referenced
in this Section are hereby adopted and incorporated by reference and made a part of this
Section, including all regulations of the Commissioner which relate to such incorporated
provisions of M.S. 340A.
History: Ord 902 adopted 1-11-84; amended by Ord 902 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-A7 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-I1 10-27-93; Subsection 900.26 repealed by Ord
1994-10 10-12-94, amended by Ord 1995-11 12-19-95, amended by Ord 1997-14 12-1-97;
amended by Ord 1998-3 4-6-98, recodified by Ord 1999-4 3-1-99; amended by 1999-7; 3-15-
99, amended by Ord 2000-1312-19-00, amended by Ord 2001-6; amended by Ord 2001-8; H-
20-01; amended by Ord 2002-10, 1-21-03; amended by Ord 2004-02, 3-16-04; Ord. 2004-08,
5-27-04; Ord 2005-05 6-30-05; Ord 2006-10, 12-5-06
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; Subsections 1230.02;
1230.07, 1230.08
900-15 Supplement 2005-02
City of Edina Misdemeanors and Nuisances 1000.04
CHAPTER 10. MISDEMEANORS AND NUISANCES
Section 1000 - Crimes and Forbidden Conduct
1000.01 Loitering; Trespassing on Railroad Premises. No person shall lurk, lie in wait or
be concealed in any house or other building, or in any yard, premises, street, avenue, park
or parkway within the City, with intent to do any mischief, or to pilfer or to commit any
crime or misdemeanor whatsoever; or not being an agent, servant, or employee of a
railway company, shall get on or off the cars or locomotives of any railway company
operating its cars and locomotives within the City limits while they are in motion or
standing still, or trespass upon the yards or premises of such railway company with the
intent to obtain a ride upon such cars or locomotives or sleep in the same, or any other
purpose, without the consent of such railway company, its agents or employees.
1000.02 Posting Bills. No person shall put up any hand bills, advertisements, posters,
show bills, or other sign on any building, pole, automobile or property not the person's
own, without permission from the owner.
1000.03 Discharge of Firearms Prohibited Without a Permit. No person shall fire,
discharge, or explode any rifle, gun, pistol, air rifle, BB Gun, pellet gun, paint pellet gun,
or other weapon in any part of the City without a permit from the Council. No person
shall possess out of doors or transport any of the above listed weapons unless the same is
unloaded and cased. The permit shall be in writing and shall be issued by the Council in
its discretion upon application to it. Nothing shall be construed to prohibit any firing of
a rifle, gun, pistol, or other weapon when done in the lawful defense of person, or property
or in the necessary defense or enforcement of the laws.
1000.04 Dumping. No person shall place any refuse, as defined in Subsection 705.01 of
this Code:
A. On any street, alley or public place, except as permitted by Subsection 1230.02
of this Code, or in any stream, lake or pond;
B. On any privately owned property except property owned or occupied by the
person;
C. On any vacant property, except construction debris may be placed in dumpsters
or other containers during the construction of improvements on vacant property;
and
D. Unless in full conformance with Section 705 of this Code.
1000 - 1
City of Edina Misdemeanors and Nuisances 1000.09
1000.05 Destructive Devices and Hoax Devices. No person shall manufacture, own,
possess, or have in the person's custody or control any destructive device which shall
include, but is not limited to, any device, apparatus, or equipment by whatever name
known, which causes damage by combustion or explosion. It shall include any bomb, time
bomb, Molotov cocktail, grenade, mine, rocket or missile, and any type of weapon which
will, or is designed to, or may readily be converted to, expel a projectile by the action of
any explosive. This provision shall not apply to owners, employees, or agents of bona fide
business operations which store, transport, or use explosives in their business operation,
nor shall it apply to a government official acting in the discharge of official duties. No
person shall manufacture, own,possess, or have in the person's custody or control any false
or hoax device, apparatus, or equipment resembling destructive devices and place the same
in any public building or place.
1000.06 Aiding or Abetting Violation. It shall be a misdemeanor for anyone to aid, abet,
advise, encourage or assist another to violate any provision of this Code.
1000.07 Scavenging of Recyclables.
Subd. 1 Ownership of Recyclables. Ownership of recyclables, as defined in
Section 715 of this Code shall remain and be vested in the person who or which
separated and stored the recyclables, until collected by a hauler authorized by the
City to collect recyclables, at which time ownership shall vest in the hauler.
Subd. 2 Moving Recyclables. No person shall remove, take or collect the
recyclables owned by any other person except, however, a hauler authorized by the
City to collect recyclables and serving the owner as provided in this Section.
1000.08 Terroristic Threats. No person shall threaten, directly or indirectly, to commit
any crime of violence with purpose to terrorize another or to cause evacuation of a
building, place of assembly or facility of public transportation or otherwise to cause serious
public inconvenience, or in reckless disregard of the risk of causing such terror or
inconvenience. No person shall communicate to another with purpose to terrorize another
or in reckless disregard of the risk of causing such terror, that explosives or an explosive
device or any incendiary device is present at a named place or location, whether or not the
same is in fact present. No person shall display, exhibit, brandish, or otherwise employ a
replica firearm in a threatening manner. For purposes of this Subsection, "replica firearm"
means a device or object that reasonably appears to be a pistol, revolver, shotgun, sawed-
off shotgun, rifle, machine gun, rocket launcher, or other firearm.
1000.09 Fraudulent Identification. No person shall use a name, address, or date of birth
which is not his or her own for the purpose of applying for credit, purchasing goods or
services, or returning goods for credit or cash to a business establishment.
1000 - 2
City of Edina Misdemeanors and Nuisances 1000.12
1000.10 Noisy Assembly.
Subd. 1 Noisy Assembly Defined. For purposes of this Subsection, "noisy
assembly" shall mean a gathering of more than one person in a residential area or
building between 10:00 P.M. and 7:00 A.M. that produces noise that
unreasonably disturbs the peace, quiet or repose of a person or persons of
normal sensibilities.
Subd. 2 Acts Prohibited. No person shall participate in or remain at a
gathering knowing or having reason to know that the gathering is a noisy
assembly. No person shall knowingly permit a building or any property under
such person's care or control to be used as a location for a noisy assembly.
1000.11 Nudity in Certain Places. No person shall appear in a state of nudity in:
A. Any place or premises licensed as a food establishment pursuant to Section
720 of this Code;
B. Any place or premises licensed to sell beer, wine, or liquor pursuant to
Section 900 of this Code;
C. Any place, room, or rooms to which members of the public are admitted
which adjoin and are accessible from places or premises described in paragraph
A. or B. of this subsection except public restrooms as defined in Section 455 of
this Code; or
D. Any place, room or rooms where any admission or fee is charged for viewing
persons in s state of nudity.
For purposes hereof, "nudity" means (i) less than completely and opaquely covered
human genitals, pubic region, buttock, anus, or female breast(s) below a point
immediately above the top of the areola; or (ii) human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
1000.12 Intentional Feeding of Deer.
Subd. 1 Feeding Prohibited. No person shall feed deer within the City. For
purposes of this subdivision, feeding shall mean the provision of one half cubic
foot or more of grain, fruit, vegetables, nuts, hay or other edible material either
on the ground or at a height of less than five feet above the ground, in a manner
that attracts deer. Living food sources such as trees and other live vegetation
shall not be considered as deer feeding.
Subd. 2 Exception. The provisions of Subd. 1 of this subsection shall not
apply to the employees or agents of the City, the County, the State, the Federal
1000-3 Supplement 2005-1
City of Edina Misdemeanors and Nuisances 1000.15
government or veterinarians who in the course of their official duties have deer
in their custody or under their management.
1000.13 Harassment of Dogs Used for Law Enforcement Purposes. No person shall
interfere or meddle with any dog used by a public law enforcement agency or a peace officer
handling such a dog in performance of the duties of the agency. No person shall torture,
harass, torment, beat, kick, strike, mutilate, injure, disable, kill or harm in any other way any
such dog or peace officer
1000.14 Trespass. For purposes of this Subsection, the terms "premises", "building",
"dwelling", and "owner or lawful possessor" have the meanings given to them under
Minnesota Statutes 609.605. For purposes of this Subsection, the term " belief of property
interest" shall mean a good faith belief that the person has a possessory interest in the property
as an owner, tenant, lessee, licensee or invitee. A person who does not have a belief of
property interest shall not:
A.Trespass on the premises of another and refuse to depart from the premises on
demand of the lawful possessor; or
B. Occupy or enter the dwelling or locked or posted building of another, without
consent of the owner or the consent of one who has the right to give consent, except
in an emergency situation; or
C. Return to the property of another within 30 days after being told to leave the
property and not return if the person is without consent of one with authority to
consent.
Any person violating this Subsection upon conviction shall be guilty of a petty misdemeanor.
History: Ord 1001 codified 1970; amended by 1001-A1 4-22-71, 1001-A2 9-12-74, 1001-A3,
6-11-86, 1001-A4 6-14-89; repealed by 1004 2-25-71. Amended by Ord 1993-10; Ord 1993-
14, Ord. 2002-4, 6-4-02; Ord 2005-2, 3-1-05
Cross Reference: Sections 455, 705, 715, 720, 900; Subsection 1230.02
1000 - 4 Supplement 2005-1
City of Edina Public Utilities 1105.02
Section 1105 - Sewer and Water Connection Charges
1105.01 Sewer Availability Charge. The Metropolitan Waste Control Commission has
determined to reserve unused capacity in the metropolitan disposal system (as defined in
M.S. 473.121, Subd. 4) for local government units in which new connections will be made
to that system, and to allocate the debt service costs of the unused capacity among the
local government units. For the City to pay such costs allocated to it, the City needs to
establish sewer service availability charges ("SAC') for all connections made directly or
indirectly to the metropolitan disposal system.
Subd. 1 Amount of SAC. The SAC for each building shall be determined by
multiplying the SAC rate as set forth in Section 185 of this Code by the number of
SAC units (rounded up) for the building. The number of SAC units shall be
computed as follows:
A. Each dwelling unit located within a single dwelling unit building, double
dwelling unit building, residential townhouse, apartment or condominium
shall comprise one SAC unit, or a lesser amount as determined by the
Metropolitan Waste Control Commission.
B. Each building or structure used for purposes other than uses described in
paragraph A. of this Subdivision shall comprise the greater of:
1. One SAC unit, or
2. One SAC unit for each 274 gallons of daily flow which the
Building Official estimates will be discharged from the building or
structure to the sewer system. For purposes hereof, a partial SAC unit
will be calculated on a pro rata basis based upon the estimated
discharge in excess of 274 gallons.
C. The Building Official may request that the Metropolitan Waste Control
Commission assist in the determination of the number of SAC units for a
particular building or structure.
Subd. 2 Payment of SAC. The payment of the SAC shall be made prior to the
issuance of a building permit for a new building or structure and prior to the
issuance of a permit for the connection of any existing building or structure to the
City sewer system.
Subd. 3 Reports. The Building Official shall make reports to the Metropolitan
Waste Control Commission upon request regarding the collection of SAC.
1105.02 City Sewer and Water Connection Charges. Except as provided by Subd. 4 of this
1105 - 1
City of Edina Public Utilities 1105.02
Subsection, a connection charge shall be made for each connection made or required to the
made to the City water system or City sewer system. In determining the amount of the
charge, the Council may consider all costs of the construction, reconstruction,
establishment, operation, maintenance, repair, depreciation, and replacement of the City
water system or sewer system, and of improvements, enlargements, and extensions
necessary to serve the City adequately, including the principal and interest to become due
on obligations issued or to be issued therefor.
Subd. 1 Amount of Connection Charge. The connection charge for connection to
the City water system and the connection charge for connection to the City sewer
system shall be set forth in Section 185 of this Code.
Subd. 2 Connections Waived. A connection charge shall also be made for
connections required to be made to the City water system or sewer system even if
the connection itself is waived by the City pursuant to Section 445.05 of this Code.
Subd. 3 Payment.
A. The payment of the connection charge shall be made prior to the issuance
of a building permit for a new building or structure and prior to the issuance
of a permit for the connection of an existing building or structure to the City
water or sewer system.
B. The owner of the property to be connected to the City water or sewer
system may request the Council to make the connection charges required by
this Subsection to be payable in installments. The Council may by resolution
provide that the connection charges be spread over a term of up to six years.
The amount unpaid from time to time shall bear interest at the rate charged
by the City on special assessments at the time the connection charges were
payable. The amount of the connection charges so spread shall be certified
to the County Auditor for collection with interest in the same manner as
other special assessments and shall become a lien upon the property until
paid.
Subd. 4 Exceptions. Connection charges for connections to the City water or
sewer systems pursuant to this Subsection shall not be required for the following:
A. Connections to City water or sewer system made pursuant to a fully
approved and executed Developer's Agreement required by Subsection 810.12
of this Code.
B. Connections to water mains or sanitary sewer mains owned by
jurisdictions other than the City.
C. Connections to the City water system by properties against which a
1105 - 2
City of Edina Public Utilities 1105.02
special assessment for a lateral water main was levied based upon the use
now proposed for connection.
D. Connections to the City sewer system by properties against which a
special assessment for a lateral sanitary sewer main was levied based upon
the use now proposed for connection.
History. Ord 1102 adopted 12-21-72, amended by 1102 AI 8-30-89
Reference: M.S. 473.501 et seq.; 473.519; 444.075
Cross Reference: Section 185, Subsections 445.05, 810.12
1105 - 3
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.
D. Refuse, as defined in Section 705.
1200 - 1 Supplement 2003-03
City of Edina Streets and Parks 1200.02
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.
i
Subd. 2 Exceptions. The following are exceptions to Subd. 1 of this Subsection:
I
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 which are 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.
4. Cottonwood, aspen, poplar or other members of the genus Populus.
5. Pine, spruce, fir, yew or other conifers.
1200 - 2 Supplement 2003-03
City of Edina Streets and Parks 1200.02
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 traveled portion of streets or
sidewalks provided that no portion of such tree or planting is less than 16 feet
above the traveled portion of the street or less than 8 feet above the sidewalk.
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.
Q. Sidewalk cafes as defined by Section 1230.01 of this Code subject to a
permit issued pursuant to Subsection 1230.07 of this Code.
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.
1200 - 3 Supplement 2003-03
City of Edina Streets and Parks 1200.05
i
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. j
i
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 done pursuant 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.
1200.06 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.
1200 - 4 Supplement 2003-03
City of Edina Streets and Parks 1200.06
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 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
1200 - 5 Supplement 2003-03
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City of Edina Streets and Parks 1200.08
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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.
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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, Ord
1994-612-27-94 Ord 1995-6 8-17-95; Ord 2003-12 12-16-03
Reference: M.S. Chapter 59, State Laws of 1988, 429.101, Subd. 2 & 3, 463.15 to 463.26
Cross Reference: Sections 705, 720, 1050, 1205, 1400, Subsections 705.04, 1230.01, 1230.07
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1200 - 6 Supplement 2003-03 j
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City of Edina Streets and Parks 1225.04
Section 1225 -Transportation Commission
1225.01 Policy and Establishment. The Council finds that the creation and operation of a
street and transportation system is an integral part of the long-term vision for the City. The
Council also finds that congestion on the regional roadway system and the failure of that system to
accommodate the continued growth in traffic volumes has created and exacerbated traffic volumes,
speed and congestion on local streets; that such volumes, speed and congestion are adversely
affecting the quality of life of the City's residents; that businesses located in the City are adversely
affected by the inadequacy of the regional system to move people and goods; and that improving
the local transportation system is consistent with the Comprehensive Plan and strategic plans of the
City. Therefore, the Council hereby establishes the Transportation Commission (the
"Commission").
1225.02 Purpose and Duties. The Commission shall:
A. Advise the Council on matters relating to the operation of the local street system
with respect to traffic volumes, congestion, and functional classification, but not
maintenance activities, of the City.
B. Review and comment on plans to enhance mass transit opportunities in the City.
C. Review the findings of the Local Traffic Task Force and offer recommendations for
implementation.
D. Evaluate methods for traffic calming and other speed and volume mitigation
measures and recommend their implementation where appropriate.
1225.03 Membership. The Commission shall consist of nine members appointed by the Mayor
with the consent of the majority of the Council. The Mayor shall endeavor to appoint members
such that the Commission is reflective of the different geographic areas of the City. One member
of the Commission shall also be a member of the Planning Commission. One member of the
Commission may be a high school student, who shall serve as a non-voting member of the
Commission. Members shall serve until a successor has been appointed. All members of the
Commission shall be residents of the City and shall be appointed for a term of three years except
any student member shall be appointed for a term of one year, commencing on a date determined
by the Mayor with the consent of the Council. The Council may stagger the terms of the first
Commission appointed. Upon termination of a member's term, that member's successor shall be
appointed for the remainder of such term. Members of the Commission shall serve without
compensation and may resign voluntarily or be removed by a majority vote of the Council pursuant
to Section 180 of this Code. Commission members who discontinue legal residency in the City
may be removed from office by the Mayor with the consent of a majority of the Council.
1225.04 Meetings. All meetings of the Commission shall be open to the public, be governed by
Robert's Rules of Order, and otherwise be held pursuant to its bylaws. The Commission shall hold
its regular meetings on such fixed date and in such fixed place, as it from time to time shall
determine. The minutes of all meetings shall be recorded and a copy thereof transmitted to each
member of the Council
History: Ord 2003-09; 7-15-03; amended by Ord 2003-1412-16-03; Ord 2005-07 7-19-05
Cross Reference: Section 180
1225 - 1 Supplement 2005-02
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.
Sidewalk Cafe. Tables, chairs, benches and appurtenant equipment located on a
sidewalk (i) for the exclusive use by patrons of an abutting food establishment as
defined by Section 720 of this Code, or (ii) where the service of food or beverages is
offered to persons using such tables, chairs and benches.
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.
1230 - 1 Supplement 2004-01
City of Edina Streets and Parks 1230.02
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.
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.
I
K.Perform acts prohibited by Section 1000 of this Code.
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L. 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.
M. Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the Manager.
N.Consume intoxicating or non-intoxicating malt liquor, wine, or intoxicating liquor,
as defined in Section 900 of this Code, except that:
1. 3.2 percent malt liquor, 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 rules and regulations
of the Park Director pursuant to Subsection 1230.06 in the following places:
a. Inside the clubhouse building or on decks, patios and other outdoor
dining areas which are adjacent to the clubhouse building at Braemar
Golf Course and at Fred Richards Golf Course.
b. Inside the Edinborough Park building, the Centennial Lakes Park
Centrum building, the building at Arneson Acres Park, the Edina Art
Center Building, the Edina Senior Center and on decks, patios and other
outdoor dining areas which are adjacent to such buildings.
1230 - 2 Supplement 2004-01
City of Edina Streets and Parks 1230.02
2. 3.2 percent malt liquor which is dispensed by the City or by an agent of the
City pursuant to a temporary on-sale 3.2 percent malt liquor license issued in
accordance with Section 900 of this Code may be consumed subject to other
applicable provisions of this Code and subject to the rules and regulations of the
Park Director pursuant to subsection 1230.06 within the confines of the ball
field complex at Van Valkenburg Park.
3. 3.2 percent malt liquor, wine and intoxicating malt liquor which is dispensed
by the City or by an agent of the City at an on-sale dispensary authorized
pursuant to Subsection 900.02 may be consumed subject to other applicable
provisions of this Code and subject to the rules and regulations of the Park
Director pursuant to Subsection 1230.06 on the grounds of Braemar Golf
Course. 3.2 percent malt liquor which is dispensed by the City or by an agent of
the City at an on-sale dispensary authorized pursuant to Subsection 900.02 may
be consumed subject to other applicable provisions of this Code and subject to
the rules and regulations of the Park Director pursuant to Subsection 1230.06 on
the grounds of Fred Richards Golf Course.
4. 3.2 percent malt liquor, intoxicating malt liquor, and wine may be consumed
at sidewalk cafes which are licensed in accordance with Section 900 of this Code
and which are authorized by a permit issued pursuant to Subsection 1230.07 of
this Code.
5. Alcoholic beverages may be consumed on premises holding a Temporary
On-Sale 3.2 Percent Malt Liquor License or a Temporary On-Sale Intoxicating
Liquor License issued pursuant to Section 900 of this Code and which are
authorized by a permit issued pursuant to Subsection 1230.08 of this Code.
O.Destroy, injure, or tamper with any sewer, storm sewer, water main, culvert or any
part thereof including manhole covers, tanks or valves.
P. Hitch any animal to a lamp post, hydrant, drinking fountain, tree or other structure
or picket an animal to the ground.
Q.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
except as provided in Subsection 1230.07 of this Code.
R. Place any vehicle to display the vehicle for sale or exchange.
S. Work, grease, repair, change oil or maintain in any way a vehicle, except as
necessitated by an emergency.
T. Use a skateboard, roller skates, in line roller skates or blades, or similar devices, (i)
in a municipal parking facility, (ii) on or across a sidewalk within or adjoining property
in the PC-1, PC-2, or PC-3 Districts as defined by Section 850 of this Code, or (iii)
1230 - 3 Supplement 2004-01
I
City of Edina Streets and Parks 1230.03
upon the traveled portion of a street. Notwithstanding the foregoing, roller skates or
in-line roller skates or blades may be used on the traveled portion of streets if no
adjoining sidewalk is present.
U.Feed any wild animal or bird, or deposit a food source for wild animals or birds.
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 any vehicle, or park or leave unattended any vehicle, between the
hours of 12 midnight and 6A.M., except when the vehicle is moving upon a street or
when permitted by the Park Director.
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.
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.
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1230 - 4 Supplement 2004-01
City of Edina Streets and Parks 1230.04
M. Bathe or swim in water adjoining a park except at places and during hours shown by
signs placed by the City
N.Be in or remain within the park before or after posted hours of operation without the
written permission of the Park Director.
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
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 - 5 Supplement 2004-01
City of Edina Streets and Parks 1230.07
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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.
1230.07 Special Permits for Pushcarts and Sidewalk Cafes. Notwithstanding the
requirements of this Section 1230, certain pushcarts and sidewalk cafes are permitted on
sidewalks subject to the requirements of this Subsection.
Subd. 1 Pushcarts. Pushcarts, as defined by Section 720 of this Code, may be
located on sidewalks 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 Subdivision.
A.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:
1. The pushcart must be licensed in accordance with Section 720 of this Code.
2. The applicant for a permit must possess a valid food establishment license or
take-out food license, pursuant to Section lWof this Code, for a food establishment
located in the 50th and France commercial area.
3. The pushcart shall not exceed eight feet in length, four feet in width, and eight
feet in height.
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1230 - 6 Supplement 2004-01
City of Edina Streets and Parks 1230.07
4. The pushcart shall be equipped with casters or wheels to permit ease of
movement.
5. The pushcart shall be equipped with facilities for the disposal of trash generated
by the pushcart.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of pushcarts:
1. Pushcarts shall be parked on public sidewalks and walkways only in those
locations specified in the permit.
2. Pushcarts shall be stored indoors following the close of business each day.
3. Only food or beverages for immediate consumption may be offered from the
pushcart.
4. Cleaning, servicing, and maintenance of the pushcart shall be undertaken only in
an area approved by the Sanitarian.
C. Permits issued pursuant to this paragraph shall expire on March 31 of each calendar
year.
D.The number of permits which may be in force under this Subd. 1 at any one time
shall not exceed six.
Subd. 2 Sidewalk Cafes. Sidewalk cafes may be located on sidewalks subject to a permit
issued by the City Manager pursuant to this Subdivision. Applications for a sidewalk cafe
permit shall be made on forms supplied by the Clerk and shall include a plan drawn to scale
which illustrates the exact location of the proposed sidewalk.cafe together with distances and
dimensions of the adjoining buildings, the sidewalk, the distance to and location of the traveled
portion of the street and distances to all obstructions in the vicinity. The application shall be
accompanied by the fee set forth in Section 185 of this Code. If the application is denied, the
application fee less $100 shall be returned to the applicant.
A.In addition to the requirements of Section 160 of this Code, no permit shall be issued
or renewed for a sidewalk cafe unless the following requirements are met:
1. The applicant must possess a valid food establishment license pursuant to
Section 720 of this Code.
2. A distance of at least 200 feet shall be maintained between the nearest point of
the sidewalk cafe to the nearest point of property used for residential purposes.
3. The applicant must furnish to the Clerk, evidence that public liability insurance
has been procured for any death or personal injury arising from the ownership,
maintenance, or operation of the sidewalk cafe in amounts not less than $100,000
for injury to or death of one person, of $300,000 for any one incident, and not less
than $50,000 for damage to property arising from any one incident. The applicant
1230 - 7 Supplement 2004-01
I
City of Edina Streets and Parks 1230.08
shall maintain such insurance in effect at all times during the term of the permit.
The City shall be named as an additional named insured in the policy providing
such insurance.
4. The applicant shall indemnify and hold the City and the City's officials and
employees harmless from any loss, cost, damage and expenses arising out of the
use, design, operation, or maintenance of the sidewalk cafe.
5. The area occupied by the sidewalk cafe shall abut and shall be operated as part
of the food establishment operated by the applicant. No part of the sidewalk cafe
shall adjoin any premises other than the applicant's food establishment.
6. The City Manager shall find that the sidewalk cafe will not unduly restrict the
safe usage of the sidewalk by the public after taking into consideration the location
of obstructions, vehicular traffic and other impediments to the passage of
pedestrians. The City Manager shall renew a permit only upon finding that the
operation of the sidewalk cafe complied with all provisions of this Subdivision and
did not constitute a nuisance as defined by Section 1035 of this Code.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of sidewalk cafes.
1. Only food or beverages for immediate consumption may be offered for sale.
2. Intoxicating liquors, beer or wine may be consumed only if the sidewalk cafe is
licensed pursuant to Section 900 of this Code.
3. No expansion of the area occupied by the sidewalk cafe from that shown on the
permit application shall be made.
4. No tables, chairs, furnishings, planters, railings or other obstructions shall be
placed or remain on the sidewalk between November 1 and April 1 except on a day
to day basis when the sidewalk cafe is open for business.
5. The applicant shall maintain the sidewalk cafe in a clean and sanitary condition
as required by Section 720 of this Code.
6. The applicant shall promptly replace or repair any damage to the sidewalk or
other public property caused by the applicant's use of the sidewalk as a sidewalk
cafe.
C. Permits issued pursuant to this Subdivision shall expire on March 31 of each
calendar year.
1230.08 Special Permits for Temporary Liquor Licenses. The City Council may issue a
special permit to the holder of a Temporary On-Sale 3.2 Percent Malt Liquor License or a
Temporary On-Sale Intoxicating Liquor License issued pursuant to Section 900 of this Code
for the purpose of occupying a park, street, sidewalk or publicly owned property with a
licensed premises. Applications for a special permit shall be made on forms supplied by the
1230 - 8 Supplement 2004-01
City of Edina Streets and Parks 1230.09
Clerk and shall include a plan drawn to scale which illustrates the exact location of the licensed
premises and all proposed signs, including signs attached to vehicles, that will be used to
identify the licensed premises or to promote the sale of alcoholic beverages. The application
shall be accompanied by the fee set forth in Section 185 of this Code. In addition to the
requirements of Section 160 of this Code, no permit shall be issued pursuant to this Subsection
unless the following requirements are met:
A.The City Council shall find that the issuance of the permit i.) will not be detrimental
to or endanger the public health, safety, morals and general welfare, ii.) will not cause
undue traffic hazards, congestion or parking shortages and iii.) will not be injurious to
the use and enjoyment, or decrease the value of other property in the vicinity, and will
not be a nuisance.
B. No signs or symbols of any kind shall be used to identify the licensed premises or
product dispensed therein other than those specifically approved by the City Council
C. The permit holder shall indemnify and hold the City harmless from any loss, cost,
damage and expense arising out of the holder's use, design, operation or maintenance
of the property. The indemnity shall be on forms provided by the Clerk.
D.The permit holder shall furnish to the Clerk evidence that public liability insurance
has been procured for any death or personal injury arising from the ownership, use,
operation or maintenance of the property in the amounts of not less than $100,000 for
injury to or death of one person, of $300,000 for any one incident, and not less than
$50,000 for damage to property arising from any one incident. The permit holder shall
maintain such insurance in effect at all times during the term of the permit. The City
shall be named as an additional named insured in the policy providing such insurance.
E. The permit holder shall furnish a surety bond, letter of credit or cash deposit in an
amount determined by the City Council but not less than $5,000 to be used by the City
for the purpose of replacing or repairing any damage to public property caused by the
permit holder's use. A surety bond shall be from a corporate surety authorized to do
business in the State. The surety bond, letter of credit or cash deposit shall be released
by the City upon completion of the repair or replacement of any damage to public
property.
F. The City council may impose other requirements and conditions necessary to
promote public safety.
1230.09 Exception. The provisions of this Section 1230 shall not apply to employees and
agents of the City who are performing job related duties under the direction of the Manager,
Engineer, or Park Director.
History: Ord 1222 codified 1970; amended by Ord 1222 AI 11-29-78, 1222-A2 11-28-79
1222-A3 6-24-87; Ord 1993-5 4-28-93; Ord 1994-6 7-27-94; Ord 1995-6 8-17-95; Ord 1997-
14 12-15-97; Ord 1999-7 3-15-99; Ord 2001-710-3-01; Ord 2002-10 1-21-03; Ord 2004-8 5-
27-04; Ord 2004-10, 8-12-04
Cross Reference: Sections 160, 720, 900, 1000
1230 - 9 Supplement 2004-01
City of Edina Streets and Parks 1235.03
Section 1235 - Municipal Parking Facilities
1235.01 Definitions. Unless the context otherwise indicates, the following terms shall have
the stated meanings:
Business Hours. The hours between 8:00 A.M. and 6:00 P.M. of each day, except
Sunday, or other hours during such days as may be set by resolution of the Council for
any one or more of the municipal parking facilities.
Municipal Parking Facility. Any lot or ramp, and the lanes giving ingress thereto and
egress therefrom, and all accessories thereof, owned or operated by the City or the
Housing and Redevelopment Authority of Edina, Minnesota, herein called "H.R.A.",
and made available to the public for parking of private motor vehicles, whether for a
fee or at no cost. It shall not include parking spaces located along public streets and
highways.
Time Limits. Hourly parking restrictions as specified by resolution of the Council for
all or certain portions of any one or more of the municipal parking facilities.
50th & France Commercial Area. The area within the City included within the plan
prepared by the H.R.A. entitled "50th & France Commercial Area Plan", dated
December 3, 1974.
1235.02 Hours and Location of Parking Limited. No person shall park any vehicle in any
municipal parking facility during business hours, (i) for a period in excess of the time limits,
or (ii) in a location designated as "Contract Parking Only", unless the vehicle displays a
parking sticker issued pursuant to this Section. Persons may park in any municipal parking
facility for any length of time during non-business hours, except for such times as parking may
be prohibited for snow removal, repairs, and like purposes. Provided, however, no overnight
parking shall be allowed unless the vehicle displays a permit issued pursuant to Subd. 4 of
Subsection 1235.03.
1235.03 50th and France-Permits
Subd. 1 Location. Vehicles identified by a permit sticker issued by the City under
this Subsection may be parked in excess of the time limits, but only in such locations in
municipal parking facilities in the 50th & France Commercial Area as shall be
designated by the Manager. Locations designated by the Manager shall be those that
are least convenient for patrons of businesses located in the 50th & France Commercial
Area.
Subd. 2 Issuance of Permits. Permit stickers shall be issued by such City
department or City staff as the Manager shall designate, and shall be issued only to
individuals employed in that portion of the 50th & France Commercial Area located in
the City. The maximum number of permit stickers issued in a calendar year for the
50th & France Commercial Area shall be set by resolution of the Council. Persons
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City of Edina Streets and Parks 1235.05
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desiring a permit sticker shall apply on forms provided by the Manager. Before
receiving a permit sticker, the recipient shall pay a fee as set forth in Section 185 of this
Code and furnish the name of the recipient's place of employment and a description of
the make, year, body style, color and license number of the vehicle to which it is to be
fastened. Permit stickers shall be numbered consecutively and shall be valid only for
the calendar year in.which issued. The City shall keep a record of the permit sticker
number and the description of the vehicle. The permit sticker shall be fastened to the
left rear bumper of the vehicle and shall be visible at all times when the vehicle is
parked in such designated municipal parking facilities. When the vehicle is sold or
traded and another vehicle is acquired, the City, upon application for a new permit
sticker for the remainder of the calendar year, accompanied by a description of the new
vehicle and its license number, shall issue such new permit sticker, without charge, and
show the old permit sticker as having been canceled. When a person to whom a permit
sticker has been issued ceases to be regularly employed upon the premises where such
person was employed when the permit sticker was issued, the employer shall notify the
City of the fact, and the City shall cancel the person's permit sticker.
Subd. 3 Disabled Employees. Employees displaying a State Disabled Permit or
Disabled License Plates need not purchase or display an employee permit pursuant to
this Subsection and may park for periods in excess of the time limits established by this
Section.
subd. 4 Temporary Permits. Temporary permits may be issued by the Manager or
his designee to individuals who are guests or visitors of the occupants of residential
dwellings located in the 50th and France Commercial Area. Such temporary permits
shall not be issued for more than 14 days per vehicle and shall not be transferable to
another vehicle. An application for a temporary permit shall be accompanied by the fee
as set forth in Section 185 of this Code. Holders of temporary permits may park in
excess of the time limits during business hours and may park between the hours of 1
AM and 6 AM, but only in locations in municipal parking facilities as shall be
designated by the Manager. Locations designated by the Manager shall be those that
are least convenient for patrons of businesses located in the 50th and France
Commercial Area. The temporary permit shall be displayed in the vehicle in the manner
prescribed by the Manager.
1235.04 Posting of Time Limits. The Manager shall post in all municipal parking facilities
the time limits and employee parking areas established by this Section.
1235.05 Operation of Certain Devices Prohibited. No person shall use a skateboard, roller
skates, in line roller skates or blades, bicycles, scooters or similar devices on or within any
municipal parking facility.
History: Ord 1232 adopted 10-13-76; amended by 1232 AI 5-7-80, 1232-A2 9-25-85, 1232-A3
12-13-89; Ord 1995-6 8-17-95; Ord 2006-5; 09-05-06
Cross Reference: Section 1850
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