HomeMy WebLinkAbout2010-01 Supplement Old Pages Debra Mangen
4801 West 501h Street Phone 952 826-0408 City of Edina
Edina, MN 55424 Fax 952 826-0390
Memorandum
TO: Edina Code of Ordinance Users
FROM: Debra Mangen, City Clerk
DATE: March 24, 2010
RE: Code Supplement 2010-01
I am sending you the newest update for your Edina City Code book, Supplement No. 2010-01. This supplement
includes all changes made except those in Section 850 made Ordinance Nos. 2009-11 &2009-12. 1 am waiting
to redo this lengthy section until the current proposed amendment is finalized in early April.
All other ordinances adopted through March 16, 2010 are incorporated in this supplement. Please replace your
pages as follows:
Section 146— Replace entire section, updated by Ordinance No. 2010-04
Section 150— Replace pages entire section, updated by Ordinance No. 2010-06
Section 185 Schedule A—Replace entire section, updated by Ordinance Nos. 2009-10, 2009-13,
2010-01 &2010-02
Section 1100—Replace entire section, updated by Ordinance No. 2009-15
Section 1110—Replace entire section, updated by Ordinance No. 2009-15
Section 1115—Replace entire section, updated by Ordinance No. 2009-14
Section 1220—Replace entire section, updated by Ordinance No. 2010-04
Section 1230—Replace entire section, updated by Ordinance No. 2010-03
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. City employees can also find the
code in"Word"on the Citywide network drive.As always, 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 146.03
Section 146 - Energy and Environment Commission
146.01 Policy and Establishment. The Council, recognizing the need to support and
advance environmental protection, conservation efforts, energy conservation, and waste
reduction, and to improve thereby the overall welfare of the citizens of the City, does hereby
establish the Energy and Environment Commission (the "Commission").
146.02 Duties. The Commission shall
A. Examine and recommend best practices for energy conservation for Edina's
citizens and businesses, including recommendations for a "green" building code,
use of Energy Star appliances, and other energy reduction targets.
B. Examine and recommend changes in City Government purchasing and
operations to conserve energy.
C. Evaluate and monitor the provision of a residential recycling program.
D. Evaluate and monitor the provision of a privately provided solid waste program,
as well as a reduction in municipal solid waste produced by Edina residents and
businesses.
E. Evaluate and encourage improvements in air and water quality.
F. Promote the establishment of targets for the reduction of greenhouse gas
emissions produced by the City's buildings, equipment and operations.
G. Educate the public about energy issues, reduction, conservation, reuse,
recycling and environmental protection.
H. Examine and promote renewable energy options for transportation, heating, and
cooling, and other energy uses.
146.03 Membership. The Commission shall consist of eleven members appointed by the
Mayor with the consent of the majority of the Council. One member of the Commission shall
be a high school student with full voting rights. All members of the Commission shall be
residents of the City and shall be appointed for a term of three years, except that a student
member shall be appointed for a term of one year. Of the eleven members, one member shall
also be a member of the Planning Commission and one member shall also be a member of the
Park Board. Members shall serve until a successor has been appointed. Upon termination of a
member's term, that member's successor shall be appointed for the remainder of such term.
Members of the Commission shall serve without compensation and may resign voluntarily or
be removed by a majority vote of the Council or pursuant to Section 180 of this Code.
Commission members who discontinue legal residency in the City may be removed from office
by the Mayor with the consent of a majority of the Council.
146 - 1 Supplement 2009-01
City of Edina General Code Provisions and Administration 146.05
146.04 Organization. The Commission shall:
A. Elect from its members a chair and a vice chair, each of whom shall serve for a
period of one year.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be
furnished by the City. If a secretary is assigned by the City, the secretary shall
perform only such clerical duties on behalf of the Commission as may be assigned
by the chair with the consent of the Manager. Additional advisory staff may be
assigned to the Commission by the Manager.
146.05 Meetings. All meetings of the Commission shall be open to the public, be
governed by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The
Commission shall hold its regular meetings on such fixed date and in such fixed place as it
from time to time shall determine. The minutes of all meetings shall be recorded and a copy
thereof transmitted to each member of the Council.
History: Ord 2007-05 Adopted 04-03-07; Ord 2009-04, 03-17-09
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146 - 2 Supplement 2009-01
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 2008-01
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:
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 2008-01
City of Edina General Code Provisions and Administration 150.05
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 2008-01
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 vacation leave. Vacation leave shall accrue from the start of the
probationary employment even though not usable during the first six months of the
probationary period.
During the first six months of each probationary period, except a promotional
probationary period, an employee will be entitled to use sick leave. Sick leave that
would accrue during the first six months of the probationary period will be placed in
the sick leave bank of a probationary employee for use from the first day of
employment. No further sick leave will accrue until the first day of the seventh month
of employment.
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
150-4 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.07
schedule established from time to time by the Council. Any wage or salary so
established shall be the total remuneration for employment, but shall not be considered
as remuneration which may be allowed for official travel or other expenses incurred in
the conduct of official City business. Unless approved by the Manager, no employee
shall receive compensation from the City in addition to the salary authorized for the
position to which the employee has been appointed.
Subd. 2 Comparable Worth Value. Subject to M.S. 179A.01 to 179A.30 but
notwithstanding any other laws to the contrary, the City established on August 1, 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.
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:
1 through 5 continuous years of 3.076 hours per pay period
150-5 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.10
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
sick leave with pay.
150-6 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.10
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 scheduled work 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 scheduled work
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
Savings Plan adopted by the City Council on March 18, 2003. Employees covered by a
150-7 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.15
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,
and should these days fall on Sunday, the following Monday shall be the holiday. All
150-8 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.17
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 2008-01
City of Edina General Code Provisions and Administration 150.18
Severance Date. The last date on which the eligible employee performs duties
in full-time employment.
Subd. 2 Eligible Employees.
C. 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
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.
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 2008-01
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.
D. Demotion or transfer.
150-11 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.22
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
work force free from the effects of drug abuse. In keeping with this commitment, the City
150-12 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.25
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; Ord 2008-
06, 06-17-08
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 2008-01
City of L General Code Provisions and Administration 185. chedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
200 200.04 Public Dance Permit 53.00
215 215.04 Bingo Occasion, Gambling Device, 15.00 per permit
Raffle Permit
220 220.04 Machine or Amusement Device License 15.00 annually per establishment, plus
15.00 per machine
225 225.04 Special Events Application Fee 52.00
300 300.02 Subd 2 Redemption of Impounded Animals 30.00 per day for feeding&care, any veterinarian services and impounding
fee of:
40.00 a) If animal has not been impounded within one year prior to the date
of impounding
65.00 b) If animal has been impounded once within the year prior to the date
of impounding
115.00 c) If animal has been impounded twice or more within one year prior
to the date of impounding
300 300.02 Subd 3 Disposal of Animal 40.00 per animal
300 300.03 Subd. 3 Dog License 15.00 per dog
10.00 per neutered dog
Late charge after March 1 10.00
300 300.03 Subd. 4 Duplicate Dog License Tag 6.00 per duplicate tag
300 300.04 Subd. 2 Commercial Kennel License 55.00 per year
300 300.15 Permit for Extra Dogs or Cats 100.00
300 300.17 Subd. 6A Dangerous Dog $100.00 Registration fee
405 405.01 Landscaping, Screening, or Erosion 100.00
Control Site Plan Permit
410 410.02 Subd. 1 Building Permit
If total valuation of work is: Then amount is:
$ 1 to 500 23.50 *
501 to 2,000 23.50 *for first$500 plus
3.05 for each additional $100 or fraction thereof to and including$2,000
2,001 to 25,000 69.25 *for first$2,000 plus
14.00 for each additional $1,000 or fraction thereof to and including$25,000
25,001 to 50,000 391.25 *for first$25,000 plus
10.10 for each additional$1,000 or fraction thereof to and including$50,000
50,001 to 100,000 643.75 *for first$50,000 plus
7.00 for each additional$1,000 or fraction thereof to and including$100,000
100,001 to 500,000 993.75 *for first$100,000 plus
5.60 for each additional$1,000 or fraction thereof to and including$500,000
500,001 to 1,000,000 3,233.75 *for the first$500,000 plus
185-2 (Effective 01/29/09) Supplement 2009-01
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
4.75 for each additional$1,000 or fraction thereof to and including $1,000,000
1,000,001 and up 5,608.75 *for the first$1,000,000 plus
3.65 for each additional$1,000 or fraction thereof
*plus surcharge pursuant to M.S. 16B.70
Plan Review 65% of Permit Fee
410 410.02 Subd. 2 Other Permit Related Fees 50.00 per hour or the total hourly cost to City, whichever
is greatest. (includes supervision, overhead,
equipment, hourly wages and fringe benefits of employees involved)
410 410.02 Subd. 3 Residential Building Contractor, 5.00 surcharge pursuant to M.S. 326.86
Remodeler or Specialty Contractor
License Verification
415 415.02 Permit for Moving of Building 212.00
415 415.02 Subd. 3 Indemnity Deposit for Damages 530.00 unless licensed by Commissioner of Transportation
Sustained by Moving of Building
421 421.03 R-O-W Work Annual Registration 200.00
421 421.04 R-O-W Excavation Permit Administrative 75.00
Fee
Per Additional Excavation-Paved Area 35.00
Per Additional Excavation-Unpaved Area 20.00
Underground Utility/Telecom Installation 45.00 per 100 L. Ft.
- Directional Boring or Tunneling (Plus
Minimum Permit Fee)
Underground Utility/Telecom Installation 60.00 per 100 L. Ft.
- Open Trenching (Plus Minimum Permit
Fee)
Overhead Utility/Telecom Installation 5.00 per 100 L. Ft.
(Plus Minimum Permit Fee)
421 421.07 Subd. 3 Street Surface Repair 50.00 Per square foot under 10 square feet
40.00 Per square foot from 10-25 square feet
35.00 Per square foot over 25 square feet
430 430.03 Subd. 8 Installer's Licenses: Oil Burner; Stoker; 55.00
Steam or Hot Water Heating, Mechanical
Warm Air Heating and Air Conditioning;
Refrigeration, and Gas Piping Installers
435 435.07 Gas Piping Permit; Oil Burner, Stoker, Minimum Fee:
Steam or Hot Water Heating, Mechanical 22.00 Residential -plus surcharge pursuant to M.S. 16B.70
Warm Air Heating and Air Conditioning; 27.00 Commercial-plus surcharge pursuant to M.S. 16B.70
or Refrigeration Permit
Fee Calculations:
- -
(Effective 01/29/09) Suppl 2009-01
City of E General Code Provisions and Administration 185. chedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
$0 to 1,000 16.00 *plus 3.10% >$ 500
1,001 to 5,000 31.50 *plus 2.60% > $ 1,000
5,001 to 10,000 135.50 *plus 2.15% > $5,000
10,001 to 25,000 243.00 *plus 1.85% > $10,000
25,001 to 50,000 520.50 *plus 1.65% > $25,000
50,001 and over 933.00 *plus 1.30% > $50,000
*plus surcharge pursuant to M.S. 16B.70
435 435.07 Subd. 1 Other Permit Related Fees 50.00 per hour or the total hourly cost to City, whichever is
greatest(includes supervision, overhead, equipment, hourly wages
and fringe benefits of employees involved
440 440.04 Plumbing or Water Conditioning Permit Minimum Fee:
15.00 Residential-plus surcharge pursuant to M.S. 16B.70
27.00 Commercial-plus surcharge pursuant to M.S. 16B.70
Fee Calculations:
$0 to 300 15.00
$301 to 700 15.00 *plus 1.75% >$ 300
$701 to 1,000 22.00 *plus 3.10% >$ 700
1,001 to 5,000 31.50 *plus 2.60% > $ 1,000
5,001 to 10,000 135.50 *plus 2.15% > $ 5,000
10,001 to 25,000 243.00 *plus 1.85% > $10,000
25,001 to 50,000 520.50 *plus 1.65% > $25,000
50,001 and over 933.00 *plus 1.30% > $50,000
*plus surcharge pursuant to M.S. 16B.70
440 440.04 Installation or Testing of RPZ Backflow 27.00
Preventers
440 440.04 Subd. 1. Other Permit Related Fees 50.00 per hour or the total hourly cost to City, whichever
is greatest. (includes supervision, overhead,
equipment, hourly wages and fringe benefits of
employees involved.)
445 445.08 Surcharge for Prohibited Connection to 100.00 per month
Sanitary Sewer
450 450.05 Swimming Pool Construction Same as the fees for a building permit(See 410.02 Subd.1, fees)
450 450.28 Subd. 4 Public or Semi-Public Swimming Pool 470.00 per year for each enclosed pool (partial or all of the year)
License 310.00 per year for each outdoor pool
450 450.28 Subd. 4 Public or Semi-Public Whirlpool Bath or 170.00 per year for each bath or pool
Therapeutic Swimming Pool License
460 460.06 Subd. 1 Sign Permit 100.00
460 460.06 Subd. 1 Courtesy Bench Sign Permit 25.00 per year
185-4 (Effective 01/29/09) Supplement 2009-01
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
460 460.06 Subd 6 Sign Variance Fee 300.00 Residential Property
500.00 Commercial Property
475 475.03 Subd. 1 Parking Ramp License 125.00 per year
605 605.05 subd.l Operational Permits Required by MSFC 50.00 Per hour with a minimum 1 hour fee. (Includes supervision, code review,
Section 105.6. inspections, overhead, hourly wages and fringe benefits of employees
involved)
605 605.05 Subd. 1 Non-business Hours Inspection 75.00 Per hour with a minimum 1 hour fee
605 605.05 subd. 1 Construction Permits Required by MSFC
Section 105.7 except for those covered in
City Code Section 625
If total valuation of work is: Then amount is:
$1 to 500 26.00 *minimum fee
501 to 2,000 26.00 *for first$500 plus
4.00 for each additional $100 or fraction thereof to and including$2,000
2,001 to 25,000 76.00 *for first$2,000 plus
15.00 for each additional$1,000 or fraction thereof to and including $25,000
25,001 to 50,000 435.00 *for first$25,000 plus
11.00 for each additional $1,000 or fraction thereof to and including$50,000
50,001 to 100,000 710.00 *for first$50,000 plus
8.00 for each additional $1,000 or fraction thereof to and including$100,000
100,001 to 500,000 1,100.00 * for first$100,000 plus
6.00 for each additional $1,000 or fraction thereof to and including$500,000
500,001 to 1,000,000 3,565.0 * for the first$500,000 plus
5.00 for each additional $1,000 or fraction thereof to and including$1,000,000
1,000,001 and up 6,180.00 *for the first$1,000,000 plus
4.00 for each additional $1,000 or fraction thereof
Plan Check 70% of Permit Fee
605 605.05 subd. 2 Code Compliance Inspection 50.00 per hour with a minimum 1 hour fee. (Includes supervision, code review,
inspections, overhead, hourly wages and fringe benefits of employees
involved)
615 615.03 License to Service Fire Extinguishers 55.00 per year per person licensed
Permit Fee for Cleaning Kitchen Exhaust 85.00
620 620.04 Hood and Duct Systems
625 625.04 Subd 1 Sprinkler Permit Fees:
Per Number of Heads:
1 - 5 49.00 * (minimum fee)
6- 25 125.00 *
26- 50 230.00 *
51 - 75 305.00 *
76-100 370.00 *
- - ---- -
- ---- --- - -- (Effective 01/29/09) Supp 2009-01
City of L General Code Provisions and Administration 185. chedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
101 -125 400.00 *
126-150 435.00 *
151 -175 470.00 *
176-200 495.00 *
201 plus 570.00 *for first 200 + $3.00 for each additional head
625 625.04 Subd. 1 Fire Pump Installation and Associated 235.00
Hardware
Standpipe Installation 145.00
Each Additional Standpipe 40.00
625 625.04 Subd. 1 Fire Alarm&Alternative Fire Suppression
Permit
If total valuation of work is: Then amount is:
$1 to 500 26.00 *minimum fee
501 to 2,000 26.00 *for first$500 plus
3.50 for each additional$100 or fraction thereof to and including$2,000
2,001 to 25,000 76.00 *for first$2,000 plus
15.50 for each additional$1,000 or fraction thereof to and including$25,000
25,001 to 50,000 430.00 *for first$25,000 plus
11.00 for each additional $1,000 or fraction thereof to and including$50,000
50,001 to 100,000 710.00 *for first$50,000 plus
7.50 for each additional $1,000 or fraction thereof to and including$100,000
100,001 to 500,000 1,095.00 *for first$100,000 plus
6.00 for each additional $1,000 or fraction thereof to and including$500,000
500,001 to 1,000,000 3,565.00 *for the first$500,000 plus
5.00 for each additional $1,000 or fraction thereof to and including$1,000,000
1,000,001 and up 6,185.00 * for the first$1,000,000 plus
4.00 for each additional$1,000 or fraction thereof
Plan Check 70% of Permit Fee
625 625.04 subd. 2 Other Permit Related Fees 50.00 per hour with a minimum 1 hour fee. (Includes supervision, code review,
inspections, overhead, hourly wages and fringe benefits of employees
involved)
635 635.02 False Fire Alarm 300.00 Residential
500.00 Commercial
640 640.02 License allowing sale of Fireworks 100.00 Per year
716 716.02 Recycling Service: 6.75 Per Quarter- Single Family
6.75 Per Quarter- Double Bungalow
6.15 Per Quarter- Apartments/Condos (2-8 units)
721 721.03 Subd. 1 Food Establishment 590.00 High risk food
375.00 Medium risk food
105.00 Low risk food
185-6 (Effective 01/29/09) Supplement 2009-01
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
135.00 Base fee
55.00 Beer or wine table service
125.00 Alcohol bar service
138.00 Food vehicle
140.00 Additional facility
200.00 Pushcart
120.00 Itinerant food
15.00 Food vending machine
721 721.03 Subd 1 Restaurant Plan Review Fee 100% of License Fee
Restaurant Plan Review Fee for Remodel 50% of License Fee
Minimum Restaurant Plan Review Fee 100.00
735 735.03 Lodging Establishment 7.00 per room
Supervised Group Home 45.00
Boarding and Lodging House License 100.00
740 740.04 Multiple Dwelling Parking Garage 45.00 per single tract of land(may contain more than one building under
same ownership)
740 740.04 Multiple Dwelling Parking Garage 80.00 per garage
Inspection Fee
745 745.04 Subd. 2 Body Art Establishment License 270.00
810 810.09 Subd. 3C Neighborhood Property Owner List 1.00 per property owner name
810 810.09 Plat and Subdivision Filing Fee 100.00 per lot for division of one or more lots where no new buildable
lots are created
600.00 plus$50/lot- all plats and subdivision other than above
810 810.09 Subd. 2 Developer's Agreement Fee for City 6.5% of the total construction cost of such public improvements
Services Rendered in Connection with
Required Street, Water and Sewer
Improvements
815 815.03 Antennas, Dish Antennas & Tower Same as for a building permit(See Subsection 410.02 Subd 1 fees)
Permits
820 820.01 Filing of Application for Vacation of 435.00
Street, Alley or Easement
830 830.05 Subd. 2 Permit Fee for Tree Removal or Grading
If total valuation of work is: Then amount is:
$1 to$5,000 150.00
$5,001 to$100,000 150.00 for first$5,000 plus
2.00 for each additional $1,000 or fraction thereof to and including$100,000
$100,001 and up 340.00 for first$100,000 plus
1.00 for each additional $1,000 or fraction thereof
830 830.05 Subd. 2 Permit Fee for Open Pit or Excavation
18: (Effective 01/29/09) Suppl 2009-01
City of P General Code Provisions and Administration 185. chedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
If total valuation of work is: Then amount is:
$1 to$5,000 150.00
$5,001 to $100,000 150.00 for first$5,000 plus
2.00 for each additional$1,000 or fraction thereof to and including$100,000
$100,001 and up 340.00 for first$100,000 plus
1.00 for each additional$1,000 or fraction thereof
830 830.05 Subd. 2 Other Permit Related Fees 50.00 per hour or the total hourly cost to City, whichever
is greatest. (includes supervision, overhead,
equipment, hourly wages and fringe benefits of
employees involved.)
845 845.04 Restricted Access Parking Lot License 500.00
Renewals: 100.00 0- 50 spaces
150.00 51 - 100 spaces
250.00 100- 200 spaces
400.00 Over 200 spaces
850 850.04 Subd. 1C Variance Fee 300.00 Residential
500.00 Commercial
850 850.04 Subd. 2A.2 Fee for Transfer of Land to Another 400.00 (One) R-2 Lot
Zoning District 500.00 (Two) R-2 Lots
1,000.00 All other Transfers
850.04 Subd. 2,3,
850 4 and 5 Mailed Notices $1.00 Per Parcel
850.173 Subd.
850 4C.la Temporary Retail Sales in PID Permit 400.00 First Permit
300.00 Subsequent Permits
850.04 Subd. 4
850 A.2 Conditional Use Permit 700.00 Fee shall be equal to City staff time expended and City's direct
cost incurred in processing applications.
850 850.10 Subd. 1D Landscaping Inspection 100.00
850 850.04 Subd. 6 Final Development Plan Application Fee 750.00
850 850.20 Subd. 10 Certificate of Appropriateness 200.00 Accessory structure and fagade change
850 850.20 Subd. 10 Certificate of Appropriateness 400.00 New House
900 900.07 Subd. 1 Liquor License Fees(per year) On-Sale Club License
300.00 Under 200 members
500.00 201-500 members
650.00 501-1000 members
850.00 1001-2000 members
1,000.00 2001-4000 members
2,000.00 4001-6000 members
185-8 (Effective 01/29/09) Supplement 2009-01
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
3,000.00 over 6000 members
8,755.00 On-Sale Intoxicating License -Restaurants only
626.00 3.2 Beer License Off or On Sale
2,000.00 Wine On-Sale- Restaurants only
200.00 per event- Temporary On-Sale Intoxicating-Max 3 days by MS
85.00 per event- Temporary On-Sale 3.2 Malt Liquor
200.00 Sunday On-Sale License- Restaurants only
1020 1020 False Automatic Alarm 25.00 For the first response per calendar year
110.00 for the 2nd thru 4th response within one calendar year
200.00 for the 5th and subsequent false alarm within one calendar year
1040 1040.08 Loudspeaker Permit 20.00
1045 1045.05 Variance Fee RV's, Boats, etc. Storage 50.00
1100 1100.03 Subd. 2 Sewer Service Charge: Based upon water usage during winter quarter. (November 1 to March 1)
Single Family Dwellings, Townhouses,
Two-Family Dwellings, Apartment
Buildings Containing Four or Less 42.72 Per quarter up to and including 1600 cubic feet
Dwelling Units: 2.67 Additional from 1601 cubic feet and over
Apartment Buildings with More Than 38.44 Per quarter for each unit over four or
Four Dwelling Units: 2.67 per 100 cubic feet of water used during the quarter, whichever is greater
Commercial and Industrial Buildings, 42.72 Per water meter or approved sewage metering device on premises, or
Including Schools and Churches: 2.67 per 100 cubic feet of water used during the quarter, whichever is greater
1100 1100.03 Subd. 3 Industrial User Extra Strength Charges As allocated to City by Metropolitan Waste Control Commission
1100 1100.03 Subd. 4.A Shutting Off or Turning On Curb Water 35.00 For each turn-on and each shut-off.
Stops at Customer's Request or Due to
Non-payment of Bill
1100 1100.04 Subd. 1.0 Issuance of Water Meter Cost of water meter, plus handling charges
1100 1100.03 Subd. 2 Water Service, Residential 1. Per 100 cubic feet for areas of City, except as described in#2 below
1.05 Per 100 c.f. up to 3500 cubic feet
1.39 Per 100 c.f. from 3600 cubic feet to 6500 cubic feet
2.18 Per 100 c.f. over 6500 cubic feet
Water Service, Residential-Morningside Area 3.21 2. Per 100 cubic feet- Morningside area and for east side of Beard
Ave. from West 54th to Fuller St. and both sides of Abbott Pl. from
West 54th St. to Beard Ave.
Water Service, Commercial
Domestic accounts used by commercial 1.05 Up to 3500 cubic feet
and industrial buildings, including schools 1.39 Over 3500 cubic feet
and churches
Lawn watering accounts used by 1.39 Up to 3500 cubic feet
commercial and industrial buildings, 2.18 Over 3500 cubic feet
ls: (Effective 01/29/09) Suppl 2009-01
City of R General Code Provisions and Administration 185.__ schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
including schools and churches
1100 1100.03 Subd. 2 Meter Charge: 12.78 Per quarter for up to 3/4 inch meter
17.41 Per quarter for 1 inch meter
19.86 Per quarter for 1 1/4 inch meter
1100 1100.03 Subd. 2 Water Service (Meter Charge) cont. 22.34 Per quarter for 1 1/2 inch meter
35.98 Per quarter for 2 inch meter
136.62 Per quarter for 3 inch meter
173.90 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) 2,000.00 Per SAC unit X number of SAC units computed pursuant to Subsection
1105.01, Subd, 1 of this code
1105 1105.02 Water Connection Charge 800 Per Residential Equivalent Connection(REQ
Sewer Connection Charge 400 Per Residential Equivalent Connection(REQ
1110 1110.03 Storm Water Drainage Charge 16.79 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 Cafd Permit 640.00
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 16.00 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
185-10 (Effective 01/29/09) Supplement 2009-01
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
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
1350 1350.06 Subd. 1 Commercial Photography 31.00 Manager Permit- Still Photography
124.00 Manager Permit-Motion Photography
350.00 Council Permit
1400 1400.12 Truck Restrictive Road Permit 100.00
1410 1410.01 Redemption of Impounded Vehicle Fee as posted in Police Department
(Effective 01/29/09) Suppl 2009-01
City of Edina . Public Utilities 1100.03
CHAPTER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
1100.01 Sanitary Sewer and Water Utility Established. The City sanitary sewer and water
system shall be operated as a public utility pursuant to M.S. 444.075 from which revenues will
be derived subject to the provisions of this Section and State Law. The sanitary sewer and
water utility shall be part of the Public Works Department and under the direction of the
Engineer.
1100.02 Purpose for Charges. The rates and charges established by this Section are for the
purpose of paying (i) the share allocated to the City by the Metropolitan Waste Control
Commission established by M.S. 473.503 for the operation and maintenance costs of the
metropolitan disposal system and as defined in M.S. 473.121, Subd. 24, and (ii) the operation,
construction, reconstruction, maintenance, repair, enlargement, improvement, use and
administrative expenses of the City sanitary sewer and water system.
1100.03 Sewer and Water Charges.
Subd. 1 Classifications. The Council may classify sanitary sewer services and
water services according to:
A. Land use and density.
B. Areas with water or sanitary sewer services supplied by other cities.
C. City Park Department and Street Department usage.
All classifications shall be as set forth in Section 185 of this Code.
Subd. 2 Rates. The rates for each classification including flat annual charges and
minimum charges shall be as set forth in Section 185 of this Code.
Subd. 3 Industrial User Extra Strength Charges. To pay the costs allocated to the
City each year by the Metropolitan Waste Control Commission that are based upon the
strength of discharge of industrial users receiving waste treatment services within or
served by the City, there is hereby approved, adopted and established, in addition to the
other charges established by this Subsection, a sewer charge upon each person receiving
waste treatment services within or served by the City based upon strength of industrial
waste discharged into the sewer system of the City. The industrial user extra strength
charges sent to the City by the Metropolitan Waste Control Commission shall be
collected from the user which generated the industrial waste as provided in Subd. 5 of
Subsection 1100.04.
Subd. 4 Other Charges. In addition to the charges permitted by this Subsection,
the City may make charges for the following:
1100- 1 Supplement 2006-02
I
City of Edina Public Utilities 1100.04
A. Shutting off or resuming service at the curb stop if done at the customer's
request, if done to terminate service pursuant to Subd. 3 of Subsection 1100.05
or if done to undertake repairs pursuant to Subd. 2 or Subd. 3 of Subsection
1100.06. The charges will be in the amount set forth in Section 185 of this
Code.
B. Repairs undertaken by the City pursuant to Subd. 2 or Subd. 3 of
Subsection 1100.06. The charge shall be equal to the cost of the repairs
including the cost of supervision and administration.
C. Replacement or repair of City issued or approved metering devices if
required due to damage or negligence.
D. Surcharges for buildings or premises which are not in conformance with
Subsection 445.08 of this Code.
E. Surcharges for buildings or premises in which the owner, occupant or lessee
has not permitted the City to install a remote radio water meter reading device.
1100.04 Meters; Meter Reading; Billing; Payment.
i
Subd. 1 Meter Required.
A. All permanent service connections to the City water system shall be metered
by a metering device and remote radio meter reading device issued by the City.
The metering device and remote radio meter reading device shall be installed by
the owner of the property in accordance with Section 440 of this Code.
B. The owner of(i) a residential building with more than four dwelling units or
(ii) any residential building which is served by City sanitary sewer but is not
served by City water, shall install and maintain in good working condition, a
meter on the building's water supply for the purpose of estimating the building's
discharge to the sanitary sewer system. The meter shall be issued by the City,
or in the alternative, the owner may install a sewage metering device approved
by the Engineer.
C. The fee for the issuance of a meter shall be as set forth in Section 185 of this
Code.
D. The City may remove any meter at any time for testing, calibration, or
replacement.
Subd. 2 Meter Reading. The City shall cause each meter required by Subd. 1 of
this Subsection to be read once every three months. If the meter cannot be read when
scheduled, the City may estimate the meter reading based upon the actual water
consumption during the corresponding time period in the then immediately preceding
year, or of the then immediately preceding time period for meters installed less than
one year.
1100- 2 Supplement 2006-02
I
City of Edina- Public Utilities 1100.05
Subd. 3 Basis for Sewer Charge. The basis for the sewer charge shall be:
A. For all uses except single dwelling unit and double dwelling unit buildings
as defined by Section 850 of this Code, the quantity used for computing the
sewer charge shall be equal to either (i) the metered quantity of water .used
during each billing period or (ii) the metered discharge to the sanitary sewer
system during each billing period if the building is equipped with a sewage
metering device.
B. For single dwelling unit and double dwelling unit buildings, as determined
by Section 850 of this Code, the metered usage of water as computed following
the meter reading taken in February, March, or April of each year shall be used
to determine the sewer charge for each subsequent billing period for that year.
C. Buildings which are not connected to the City water system, and which are
not required by Subd. 1 of this Subsection to have a sewage metering device
shall be charged the minimum sewer charge provided by Section 185 of this
Code.
D. Metered water services used exclusively for irrigation purposes shall not be
required to pay a sewer charge.
Subd. 4 Basis for Water Charge. The basis for the water charge shall be the
metered usage of water pursuant to Subd. 2 of this Subsection.
Subd. 5 Billing. Following the recording of a meter reading the City shall render a
bill to the owner, lessee, or occupant of the property so metered. The amount of the
bill shall be based upon (i) the metered usage of water or sewer services times the rates
established by Section 185 of this Code, (ii) industrial user extra strength charges sent
to the City by the Metropolitan Waste Control Commission for collection, (iii) any
other charges permitted by this Section.
Subd. 6 Payment, Loss of Discount, Interest. All bills shall be payable at the City
Hall within 21 days of the date rendered. Bills not so paid lose any discount offered,
and the full amount of the bill shall be payable after the said 21 days. Bills not paid
within 30 days of the date rendered shall be charged interest at a rate equal to the lesser
of (i) the highest rate allowed by law, or (ii) two percentage points in excess of the rate
charged by the City on special assessments.
1100.05 Delinquent Accounts, Collection, Termination of Service.
Subd. 1 Notice. If payment is not received within 60 days of the date the bill for
water or sewer services was rendered, the City shall issue a notice to the person whose
name appears on the City's records as being responsible for the account.
A copy of the notice shall also be sent to the owner or manager of the property if
different than the account holder. The name and address of the owner shall be
determined from records maintained by the Assessor or other appropriate records in the
City. The notice shall state that:
1100 -3 Supplement 2006-02
i
City of Edina Public Utilities 1100.05
i
A. The City intends to terminate water service (if the property is served by City
water);
B. The reason for the proposed termination of service;
C. The City may certify the delinquent charges to the County for collection in
accordance with Subd. 4 of this Subsection;
D. The City may seek collection of the delinquent charges by any other
remedies; and
E. The time period provided prior to termination of the water service and prior
to certification with the County or before other collection remedies are begun,
for (i) paying the delinquent bill, (ii) requesting an opportunity to discuss the
delinquent bill with a City employee designated by the Manager and identified in `
the notice, (iii) requesting a hearing pursuant to Subd. 2 of this Subsection. The
time period provided in the notice shall be not less than ten days after the date of
the notice.
Subd. 2 Hearing. If the notice given in accordance with Subd. 1 of this Subsection
provides for the termination of the water service, the person who is responsible for the
delinquent account may file a written appeal with the Clerk. The appeal must be filed
within ten days of the date of said notice. All appeals under this Subdivision shall be
heard by the Council. The hearing shall be held not later than 30 days after receipt of
the appeal. A notice of the date, time, place and purpose of the hearing by the Council
shall be mailed not less than ten days prior to the hearing to the person who filed the
appeal. No action shall be taken by the City to terminate the service, certify to the
County for collection, or exercise other remedies until the appeal is decided by the
Council. After hearing the oral and written views of the person filing the appeal, other
interested persons and City staff, the Council shall make its decision at the same
meeting or at a specified future meeting.
Subd. 3 Termination of Water Service. The City may proceed to terminate the
water service if:
A. Payment is not received within the time period provided in the notice and no
appeal is received within ten days of the date of the notice; or
B. An appeal is received within ten days of the date of the notice, and the
Council orders termination of the water service following a hearing held
pursuant to Subd. 2 of this Subsection; or
C. No appeal is received but a request to discuss the delinquent bill is received
and a resolution of the delinquent bill is not reached after discussions between
the person responsible for the bill and the designated City employee identified in
the notice.
1100 -4 Supplement 2006-02
I
City of Edina . Public Utilities 1100.06
Subd. 4 Certification of Delinquent Accounts. If payment is not received within
the time period provided in the notice, or if a resolution of the delinquent bill is not
reached, the City may certify the delinquent balance to the County Auditor with taxes
against the property served, for collection as other taxes are collected. Such
certification shall not preclude the City or its agent from recovery of the delinquent bill
using any other available remedy.
Subd. 5 Termination of Service for Two or More Properties. The City may
terminate water service in accordance with this Subsection even if such termination will
affect property in addition to that owned or occupied by the person responsible for the
account. A copy of the notice required by Subd. 1 of this Subsection shall be sent to
the owner of such property that would be affected by the termination of a water service
and said owner shall have the same right to appeal to the Council and to discuss the bill
with the identified City employee as does the person responsible for the account.
1100.06 Water Main or Service Line Defects.
Subd. 1 Water Main Defects. When defects in the City owned water system causes
substantial water loss, any water service may be temporarily discontinued until repairs
are made.
Subd. 2 Water Service Line Defects. If a water service line is defective between
the curb stop and the meter, the property owner shall make necessary repairs within
five days after notification by the City. If repairs are not undertaken within five days,
the City may discontinue service and make the necessary repairs.
Subd. 3 Sanitary Sewer Service Line Defects. If a sanitary sewer service line is
defective between the sanitary sewer main and a building, the property owner shall
make the necessary repairs within five days after notification by the City. If the repairs
are not undertaken within five days, the City may make the necessary repairs."
1100.07 Service Line Owned by Property Owner. The water service line from the curb
stop and the sanitary sewer service line from the sanitary service main is owned by and shall
be maintained by the owner of the property serviced by such service line
History: Ord 1101 codified 1970; amended by 1101 Al 12-23-71, 1101-A2 10-4-73, 1101-A3
5-9-74, 1101-A4 1-14-76, 1101-A5 8-11-76, 1101-A6 11-3-76, 1101-A7 6-28-78, 1101 A8 7-
16-80, 1101-A9 8-13-90, 1101-A10 3-12-86, 1101 All 11-12-86 ; Ord 1998-1; 3-16-98, Ord
2000-1010-17-00, Ord. 2006-4, 04-04-06
Reference: M.S. 444.075, 412.321, 473.121, 473.501 et seq.
Cross Reference: Sections 185, 440, 850
1100- 5 Supplement 2006-02
City of Edina Public Utilities 1110.04
Section 1110 - Storm Water Drainage Utility; Charges
1110.01 Storm Water Drainage Utility Established. The municipal storm sewer system
shall be operated as a public utility pursuant to M.S. 444.075 from which revenues will be
derived subject to the provisions of this Section and State Law. The storm water drainage
utility will be part of the Public Works Department and under the administration of the
Engineer.
1110.02 Definitions. Unless the context clearly indicates otherwise, the following words
or phrases have the meanings given in this Subdivision.
A. Lot. The basic development unit for purposes of Section 850 of this Code. A
lot may consist of one parcel or two or more adjoining parcels under single
ownership or control and used for a principal use permitted by this Code.
B. Residential Equivalent Factor, (REF). One REF is defined as the ratio of the
average volume of runoff generated by one acre of a land use to the average volume
of runoff generated by one acre of typical single family residential land, during a
standard one year rainfall event, all as determined by the Engineer.
1110.03 Storm Water Drainage Charges.
Subd. 1 Lots other than Single Dwelling Unit and Double Dwelling Unit Lots.
Storm water drainage charges for a lot except those used for single dwelling unit
and double dwelling unit purposes shall be determined by multiplying the REF for
the lot as set out in Subd. 1 of Subsection 1110.04 by the lot's area as measured in
acres and then multiplying the resulting product by the REF rate established by
Section 185 of this Code.
Subd. 2 Single Dwelling Unit and Double Dwelling Unit Lots. The storm water
drainage charges for lots occupied by single dwelling unit and double dwelling unit
buildings shall be as set forth in Section 185 of this Code. The fee pursuant to this
Subd. 2 shall be .37 times the REF rate established by Subd. 1 of this Subsection.
1110.04 REF
Subd. 1 REF Established. The REF for each land use is as follows:
Single and Double Family 1.00
Residential uses except single 3.00
dwelling unit and double dwelling
unit buildings
1110 - 1
City of Edina Public Utilities 1110.06
Commercial/Institutional 5.00
Schools in the R-1 District 1.25
pursuant to Section 850
of this Code
Churches 3.00
Parks .25
Golf Courses •25
Cemeteries •25
Industrial 5.00
Subd. 2 Adjustments to REF. The Council may adopt policies recommended by
the Engineer for adjustment of the REF for lots based upon hydrologic data to be
supplied by property owners, which data demonstrates a hydrologic response
substantially different from the standards used by City to establish the REF.
Adjustments to a REF shall not retroactively reduce storm water drainage charges.
1110.05 Billing and Payment. Storm water drainage charges shall be computed and billed
every three months and included as a charge on bills issued by the City for water or sewer
services pursuant to Section 1100 of this Code. If the lot subject to the storm water
drainage charge is not served by City water or sewer, a separate bill shall issued every
three months for the storm sewer drainage charge. All provisions for the billing, payment,
notice, and collection of delinquent accounts pursuant to Subsections 1100.04 and 1100.05
shall apply to charges made pursuant to this Section.
1110.06 Exemptions. The following land uses are exempt from storm water drainage fees.
A. Public rights-of-way.
B. Vacant, unimproved land.
History: Ord 1105 adopted 9-28-88
Reference: M.S. 444.075
Cross Reference: Sections 185, 1100; Subsections 1100.04, 1100.05
1110 - 2
City of Edina Public Utilities 1115.03
Section 1115 - Water Emergencies and Irrigation Bans
1115.01 Water Emergency. Whenever necessary to meet a water shortage, the Manager may
declare a water emergency and promulgate reasonable rules and regulations for the use of water.
1115.02. Irrigation Ban. Irrigation means using an in-ground irrigation system, mechanical
sprinkler attached to a hose or an unattended hose. It does not include hand watering or watering
with a hand held hose. City water may be used for irrigation subject to the following:
Subd. 1. Even Numbered Addresses. All properties with an address ending with an even
digit may use city water for irrigation purposes on even-numbered dates only.
Subd. 2. Odd Numbered Addresses. All properties with an address ending with an odd
digit may use city water for irrigation purposes on odd-numbered dates only.
Subd. 3. Notwithstanding Subd. 1 and Subd. 2, Homeowners' associations and apartment
complexes that provide a common irrigation system may water every other day on a day
designated by the owner if they registered in advance with the City's Public Works
Department.
Subd. 4. No Mid-day Watering. No property may use any water for irrigation purposes
during the hours of 11:00 AM through 5:00 PM of any day.
Subd. 5. Exempt Properties. Upon written request and approval by the City Manager, or
his designee the following properties are authorized to irrigate at times other than permitted
in Subd. 1, 2, 3, and 4 hereof:
1. Nurseries and similar businesses that grow plants, trees or sod for resale;
2. City owned playfields and parks;
3. Newly sodded or grass seeded areas for a period of fourteen days (14) days.
Subd. 6. Exempt Water Sources. The requirements of Subd. 1, Subd. 2, Subd. 3, Subd.
4, and Subd. 5 shall not apply to irrigation with privately owned wells or irrigation with
water supplied from the City of Minneapolis.
1115.03. Penalty. Failure to comply with restrictions or prohibitions imposed by this Section
shall result in a surcharge for water service for each day of violation in an amount set forth in
Section 185 of the City Code which shall be added to the water bill for the premises on which such
violation occurs. The City Manager, or his designee, shall mail a Notice of Surcharge to the
violator upon imposition of a surcharge.
History: Ord 1111 codified 1970; amended by 1111-AI 9-13-73, 1111-A2 5-9-74, 1111-A3 7-28-
76, 1111-A4 11-3-76, 1111 A5 3-9-77, 1111 A6 6-11-80, 1111-A7 7-16-80, 1111-A8 8-12-81,
1111-A9 3-12-86, 1111-A1011-12-86; Ord 2007-07, 5-15-07
References: M.S. 444.075
Cross Reference: Sections 185, 850
1115- 1
City of Edina Streets and Parks 1220.05
Section 1220 - Park Board
1220.01 Establishment. The Council, in order to provide for a City park and open space
system and a City recreation program does hereby establish the Park Board.
1220.02 Duties. The Park Board shall develop and review plans and advise the Council on
the acquisition and development of parks and recreation facilities, and plan and make
recommendations to the Council concerning park activities and recreation programs. The Park
Board shall advise the Council on natural resource, wildlife management, and natural area
preservation issues. The Park Board shall make and furnish studies, reports and
recommendations as the Council may request.
1220.03 Membership. The Park Board shall consist of eleven residents of the City.
One member shall also be a member of the Board of Education of Independent School District
No. 273. One member may be a high school student. Members shall be appointed by the
Mayor with the consent of a majority of the Council; provided, however, that the member
from the Board of Education shall be appointed by the Board of Education with the consent of
the majority of the Council. One member shall also be a member of the Energy and
Environment Commission. Terms shall be three years except the Board of Education member
and the student member shall serve one-year terms. Members shall serve until a successor has
been appointed. Upon termination of a member's term, that member's successor shall be
appointed for the remainder of such term. Members of the Park Board 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. Park Board 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. The member who is appointed by the Board of Education shall be ineligible to serve
on the Park Board if that members ceases to be a member of the Board of education.
1220.04 Organization. The Park Board shall:
A. Elect from its members a chair and vice chair, each of whom shall serve for a
period of one year.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be
furnished by the City. If a secretary is assigned by the City, the secretary shall perform
only such clerical duties on behalf of the Park Board as may be assigned by the chair
with the consent of the Manager. Additional advisory staff may be assigned to the Park
Board by the Manager.
1220.05 Meetings. All meetings of the Park Board shall be open to the public, be governed
by Roberts Rules of Order, and otherwise by held pursuant to its bylaws. The Park Board
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 1221 codified; amended by Ord 2001-911-5-01, Ord 2007-05 04-03-07
Reference: M.S. 412.501
Cross Reference: Section 180
1220 - 1 Supplement 2007-02
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 721 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 2008-01
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 1. of this Subsection without
completely extinguishing the fire and depositing the ashes or coals from such fire, after
they have cooled sufficiently, in receptacles provided for waste.
K. Perform acts prohibited by Section 1000 of this Code.
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 2008-01
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)
upon the traveled portion of a street. Notwithstanding the foregoing, roller skates or
1230 - 3 Supplement 2008-01
City of Edina Streets and Parks 1230.03
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.
M. Bathe or swim in water adjoining a park except at places and during hours shown by
signs placed by the City
1230 - 4 Supplement 2008-01
City of Edina Streets and Parks 1230.05
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.
1230.05 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:
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City of Edina Streets and Parks 1230.07
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 721 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 721 of this Code.
2. The applicant for a permit must possess a valid food establishment license or
take-out food license, pursuant to Section 721 of 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.
4. The pushcart shall be equipped with casters or wheels to permit ease of
movement.
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City of Edina Streets and Parks 1230.07
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 721 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 721 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
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.
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City of Edina Streets and Parks 1230.08
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 721 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 721 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
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
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City of Edina Streets and Parks 1230.09
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 I1-29-78; 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 2001-7 10-3-01; Ord 2002-10 1-21-03; Ord 2004-8 5-27-04; Ord
2004-10, 8-12-04
Cross Reference: Sections 160, 721, 900, 1000
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