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HomeMy WebLinkAbout1970 06-01 CCM Regular Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of Minnesota June 1, 1970 The City Council met in session and was called to order by Mayor Philip Cohen at 7:32 P. M. Roll Call: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard. Also present were: Donald Poss, Paul Holmlund, James Merila, Richard Schieffer, Thomas O'Hehir, Jim Hasslinger, and B.E. Peterson. At this time the City Manager announced that Mr. John Pierce, Dr. Duane Orn, and Wiliam Hannay, members of the Brooklyn Center Chamber of Commerce, were in the audience to present the Council a proposal for a community develop- ment brochure., The purpose of this presentation was to request that the City participate in financing the brochure. Mr. Pierce explained the history behind the brochure and the need that it would fulfill. in identifying and featuring Brooklyn Center. He suggested that the City contribute half of the estimated cost of $9,000 for 7,000 copies. Responding to Mayor Cohen the City Manager stated that because of certain legal limitations, the City will have to seek quotations for printing said brochure and act as prime contractor. Following favorable comment from aU Council members a motion was I made by John Leary and seconded by Howard Heck to endorse in principle the Intention to participate in funding a community development brochure subject to the following conditions: 1. The staff is instructed to check the legal ramifications of financing such a brochure; 2. That the staff examine and report on whether or not the City is capable of financing said brochure; 3. That in the event that #1 and #2 above offer no obstacles, the City shall be able to participate in final editorial review and policy determination regarding distribution of said brochure. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Prior to the second reading of an Ordinance Amending Chapter 7 - Garbage and Refuse there was a discussion with members of the audience, City Council and City staff regarding provisions of said ordinance. Member Theodore Willard introduced the following ordinance and further moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council, the text of the ordinance shall be attached to the minutes and be a part thereof: ORDINANCE NO.- 70 -10 AN AMENDING HAP'l'ER 7 - G=ARBAGE AND REFUSE The motion for the adoption of the foregoing ordinance was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Councilman Theodore Willard left the meeting at 8:15 P. M. -1- The Mayor announced that the meeting was open for the consideration of proposed Street Grading, Base & Surfacing & Sidewalk Improvement Project No. 1970 -3 and Curb & Gutter Improvement Project No. 1970 -4,_ The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on May 28, 1970, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon property owners present to present arguments either for or against the proposed improvement. After hearing and considering comments from affected property owners, a motion was made by Howard Heck and seconded by john Leary to close the public hearing on Street Grading Base & Surfacing & Sidewalk Improvement Project No. 1970 -3 and Curb & Gutter Improvement Project No. 1970 -4. Voting in favor were Philip Cohen, John Leary, Vernon Ausen, and Howard Heck. Voting against were: none. Min carried unanimously. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -63 RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, BASE & SURFACING & SIDEWALK IMPROVEMENT PROJECT NO. 1970 -3 The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Vernon Ausen and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member john Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 70 -64 RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER IMPROVEMENT PROJECT NO, 1970 -4 The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted In favor thereof: Philip Cohen, john Leary, Vernon Ausen, and Howard Heck; and the following voted against the same: none, whereupon said resolution " was declared duly passed and adopted. A motion was next made by Howard Heck and seconded by John Leary to instruct the City Manager to prepare a draft resolution requesting Brooklyn Park to reconsider its action to not install a sidewalk along the east side of Noble Avenue from the City boundary line to 74th Avenue North. Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, "and Howard Heck. Voting against. were: none Motion carried unanimously. The meeting recessed at 9 :59 P.M. and resumed at 10:16 P.M. During the recess Councilman.Willard arrived. Motion by Vernon Ausen and seconded by Howard Heck to authorize the Mayor and City Manager to execute a joint agreement between Brooklyn Center and Brooklyn Park to cooperatively construct the improvement of Noble Avenue from T. H. 152 to the northern Brooklyn Center limits. Voting in favor were: Philip Cohen, John Leary, Vernon Aus en. Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The Council next considered Planning Commission Application No. 70016 submitted by Hage Construction Company requesting a variance from front yard setback requirements and site and building plan approval for a S & H Redemption Center on property commonly described as the southeast corner of the intersection -2- of Northway Drive and Xerxes Avenue North. Said application, was tabled by the City Council at its May 25, 1970 meeting in order for the City Attorney to review the proposal of the applicant to limit said property to a stamp redemption center or other uses comprehended by the C -1 zoning classification. The City Attorney stated that he had reviewed a proposed deed restriction technique and stated that said deed restriction technique would adequately serve the intended purpose. Following a review of this application by* the City Manager and discussion with the Council a motion was made by Howard Heck and seconded by Vernon Ausen to approve Planning Commission Application No. 70016 requesting a variance from front yard setback requirements from 50 feet to 35 feet because a 50 ft. front yard setback would create a hardship by reducing useable space for parking and that a 35 ft. setback would be in line with other properties on Xerxes Avenue further, that site and building plans are approved for construction of an S & H Redemption Center subject to the following conditions: 1. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 2. A performance agreement and performance bond tin an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements is designated on the plans submitted; 3. Utility and drainage plans are subject to the approval of the City Engineer prior to the issuance of building permits; 4. That the City Attorney be provided with an approved legal in- strument restricting the use of the property to a stamp redemption center or other uses comprehended by the C -1 zoning classification; S. Installation of an underground lawn irrigation system. Voting in favor were: Philip Cohen, john Leary, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. At this time Mayor Cohen asked the City Council to consider a draft resolution establishing a youth organization steering committee. Said resolution was formulated following an informal meeting of adults concerned with establishing a youth organization held Wednesday, May 27, 1970. There followed Council discussion of the proposed resolution. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 70-65 RESOLUTION ESTABLISHING YOUTH ORGANIZATION STEERING COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor therof: Philip Cohen, john Leary, Vernon Ausen Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Followiw. the passage of the above resolution a motion was made by Vernon Ausen and seconded by Theodore Willard to amend Resolution No. 70 -65, subdivision 5 b. to read as follows: "Study and recommend effective means of providing communication between adults and youth regarding youth problems. " Voting in favor were: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard.' Voting against were: none. Motion carried unanimously. Motion by Howard Heck and seconded by Vernon Ausen to approve the Mayor's list consisting of one adult member and sixteen youth as follows; -3- Mary Paradise Curt Taylor Joni Arndt Pam Hill Daniel Jordet Michele Kemp Mei -lan Hum Mark Kruger John Heer Joan Zeller Susan Peter Randy Bloomquist Lori Sims Robert Boeck Colleen Mason David 011enketo Mrs. Don Flaa Voting in favor were: Philip Cohen, John Leary, Vernon Ausen Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. Councilman Leary left the Council table at 10 :50 P. M. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -66 RESOLUTION TO CLOSE THE STATE LOAN FUND AND TRANSFER ITS ASSETS TO THE GENERAL,EUND The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 70 -67 RESOLUTION APPROVINQ HIGHWAY #100 BRIDGE PLAINS The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 70-68 RESOLUTION AUTHORIZING CONTINUED PAYMENT TO MINNEAPOLIS FOR USE OF MINNEAPOLIS -ST. PAUL SANITARY DISTRICT SEWERAGE WORKS The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. The Council next continued a review of the Walkway Network Report previously presented to them at the May 28, 1970 Council meeting by City Engineer James Merila. Mr. Merila presented slides depicting pedestrian traffic at various intersections in the City as well as a large map depicting proposed walkway priorities on arterial, collector and state aid streets. There followed lengthy Council discussion whereupon the Council concurred in Mayor Cohen's suggestion that he draft a letter to County Commissioner, Mrs. I. G. Scott, regarding the need to upgrade County Road 130 known as 69th Avenue North and invite her to a City Council meeting. The Council agreed to continue their review of the walkway network plan In order to refine its recom- mended priorities and possibly, after Council consideration, to have said report reviewed by the Capital Improvements Review Board as well as the Planning Commission, -4- The City Manager recommended that the Council declare as surplus equipment a gasoline pump that was abandoned five years ago by the Street Department. Motion by Howard Heck and seconded by Vernon Ausen to declare the gasoline pump surplus equipment. Voting in favor were: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were: none. Motion carried unanimously. The City Manager next brought to the Council's attention two requests for incinerator permits. One for the Country Club Market at Northbrook Shopping Center and one for the R. F. Burr Company in Brooklyn Center. it was the consensus of the Council to concur with the City Manager's interpretation of the zoning ordinances to the effect that incinerator rooms must be designed as a tare addition to a building with walls extending the full height of the building, materials to match the existing building, and having a roof. Motion by Theodore Willard and seconded by Howard Neck to adjourn the meeting. Voting in favor were: Philip Cohen, Vernon Ausen, Howard Heck and Theodore Willard. Voting against were-. none. Motion carried unanimously. The meeting adjourned at 12:25 A, M. i e i -5- I CITY OF BROOKLYN CENTER ` ORDINANCE NO. f AN ORDINANCE AMENDING CHAPTER 7 - GARBAGE AND REFUSE HE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 7 of the City Ordinances is hereby amended by th e repeal of the following; (Chapter 7 GARBAGE AND REFUSE) (AN ORDINANCE PROVIDING FOR THE SANITARY STORAGE OF REFUSE, GARBAGE, SWILL, RUBBISH AND WASTE MATTER, FOR THE REGULAR COLLECTION AND SANITARY DISPOSAL THEREOF, FOR THE REGULATION AND LICENSING OF GARBAGE HAULERS, AND FOR ABATEMENT OF REFUSE ACCUMULATIONS: IMPOSING A PENALTY FOR VIOLATION THEREOF) (Section 7 -101. DEFINITIONS. Whenever used in this ordinance, words shall have the following meanings; R efuse means, all solid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes; organic wastes or residue of animals sold as meat,, fruit or other vegetable or animal matter from kitchen, dining room, market, food establishment or any places dealing in or handling meat, t wl; fruit, grain, or vegetables; offal, animal excreta, or the carcass of animals; ee pr shrub trimmings grass clippings, brick, plaster or other waste matter resulting om' demolition, alteration or construction of, buildings or structure; accumulated aste materials, cans, containers, tires, junk, or other such substance which may ecome a nuisance. Garbage includes every acaamulaticn.of animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl,, birds fruit or vegetables, including the cans, containers or wrappers wasted alone with such materials. Swill includes that particular garbage which is wholly or nearly edible and usable as a food and has o f od value for animals or fowl ` accumulaten from animal I. , , _vegetable or other matter wasted from clubs, hotels, hospitals, restaurants, and public eating, places. Rubbish includes wood, leaves, trimmings from shrubs, dead trees or branches' thereof, shavings, sawdust, excelsior, wooden ware, printed matter, ,paper, paper board., paste board, grass, rags, straw, boots, shoes,' hats and all other combustibles not included under the term, garbage. Waste matter includes waste matter composed of soil, earth, sand, clay, gravel, loam stone, ,brick, plaster, crockery, glass, glassware, ashes, cinders, shells, metal and all other noncombustible material which has been or is to be discarded. ) (Section 7 -102. REFUSE CONTAINERS REQUIRED. The occupant of any private , , dwelling, he k or manager of an hotel motel. restaurant, "eatin ho se or �. p g Y g. u • tof oarding house or any building where meals are served, the owner of any flat or apart ent'house, trailer camp or auto court, and any other person having refuse'as herein efined, shall provide and keep on such premises sufficient containers for:the storage all refuse accumulated on the premises between collections. Each such container ORDINANCE NO. shall be water tight, shall have a tight fitting lid, shall be impervious to insects, rodents, vermin and absorption of moisture, shall be fire proof and shall not exceed 30 gallons in size unless otherwise specifically authorized in writing by the Village Sanitarian. However, nothing herein shall be deemed to require the storage in containers of any refuse which is immediately consumed or disposed of in an approved incinerator.) Section 7 -103. REFUSE,TO BE KEPT IN CONTAINERS. All refuse on any premise ;shall be stored in the containers required by Section 2 hereof, except as the same may be consumed or disposed of on such premises as permitted by said section.) (Section 7 -104. PLACING OF CONTAINERS. The containers shall be placed in the rear of the premises- in such a manner as to be out of view from the street in front of the premises or placed in a garage located on the premises. In no event shall containers be placed next to the street or curb or be placed or maintained in such away as to unreasonably interfere with the use of adjoining property. Containers kept outside shall be placed in such a manner as not to permit entry, of or harborage for animals, insects or other vermin.) (Section 7 -105. FREQUENCY AND MANNER OF COLLECTION.' The contents of the containers shall' be collected` once every week, or more frequently if required by the provisions of any other ordinance of the Village, by a collector licensed hereunder.' He shall transfer the contents of the containers to his vehicle without spilling them, or if any spilling occurs, he shall clean it up completely. Upon° each collection, the containers` shall be completely emptied and returned to the racks or stands where they are kept, and the lids of the containers shall be replaced.) (Section 7 -106. DEFECTIVE CONTAINERS. If _upon inspection by the Village, Sanitarian, a container is found to be in poor repair, corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet other requirements of this ordinance, the Sanitarian shall notify the `provider or user of the container of the deficiency and shall require repair or replacement of the container and shall state a compliance date in the notice. If the deficiency is not corrected by said compliance date, the Sanitarian shall condemn the deficient container and affix a tag so stating such condemnation. It shall be unlawful for any person to place or deposit refuse in a container which has been condemned.) (Section 7 -107. COLLECTOR MAY CANCEL SERVICE. The collector shall cancel service to any premises when the only container or containers thereon have been condemned and may cancel service for cause or when the art chargeable Y , P Y for the collection service is two months of more overdue in paying for such service.). (Section 7 -108; ABATEMENT OF REFUSE ACCUMULATION. Any accumulation of refuse on any premises not stored in containers which comply with this ordinance, or any accumulation of refuse on any premises which has remained thereon for more than one week is hereby declared to be a nuisance and shall be abated by order of the City Health Officer, as provided by Minnesota Statutes. Sections 145.22 and 145.23, and the cost of abatement may be assessed on the property where the nuisance was found, as provided in said section.) (S ecti o n 7- 108.10. DISPOSAL OF REFUSE RESTRICTED. It is hereby declared unlawful for any person, firm or corporation to throw, scatter, or deposit, or cause or permit to be thrown, scattered, or deposited, any refuse upon or in any public or private lands or bodies of water within the City of Brooklyn Center.) ( Section 7 -109. HAULERS TO BE LICENSED. No person shall engage in hauling or conveying rubbish, garbage or other refuse from any premises in the City unless he holds a valid license hereunder.) ( Section 7 -110. LICENSE PROCEDURE OR CONTROL: PENALTIES. The provisions of Sections 23 -001 - 23 -013 of the City Ordinances including the penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses.) ( Section 7 -111. APPLICATIONS. The application for license or renewal of license shall contain a description of the types and makes of motor vehicles used for collection, a schedule of the charges to be made to customers, the frequency of service to be rendered and full information as to where and how the material collected will be disposed of, and any other information the City Sanitarian shall require; ) ( Section 7 -112. PERFORMANCE BOND REQUIRED. Applicants for licenses or renewal of licenses shall file with each application a bond in the penal sum of $200.00 of the equivalent thereof, conditioned that he will faith- fully continuously provide a garbage and /or rubbish collection service, as specified in his application,', as approved by the City Council and Sanitarian, and under the conditions imposed by the Ordinances of the City and the lawful orders, rules and regulations promulgated by the Public Health Sanitarian.) ( Section 7 -113. INSURANCE POLICIES TO BE FILED. ` Applicants for licenses or renewals of licenses shall file with each application a copy of an insurance policy or of insurance policies under which there is coverage as to each vehicle to be used, for the entire term of the license appl.ie�i for, for loss or damage to persons in the amount of $100, 000 for each person and $300, 000 for each accident, and for loss or damage to property in the amount of $50,000. Each such policy shall provide that it shall not be cancelled or terminated without notice thereof first being given to the City. ) ( Section 7 -114. FEE. The fee for the license required by this ordinance shall be $10 for each vehicle to be used.) ( Section 7 -115. ` TERM` OF LICENSE. The term of each license hereunder shall be from January 1 to December 31. ) ( Section 7 -116. ADMINISTRATION BY PUBLIC HEALTH SANITARIAN. Applications for license hereunder shall be submitted to the City Public Health Sanitarian and licenses shall be granted or denied based on the recommendation of the sanitarian. ' The City Public Health Sanitarian is hereby made the deputy of the City Administrator for the purpose of notifying licenses of violations, and suspending or recommending the revocation of licenses.) ( Section 7 -117. DECALS TO BE PLACED ON VEHICLES. Whenever a license or renewal has been granted hereunder, the City Clerk shall furnish to the licensee a decalcomania for each vehicle. The decalcomania shall be so worded as to signify that the vehicle is licensed by the City. ; The licensee shall apply, the decalcomania to the forward left side of the body of each vehicle licensed.) ( Section 7 -118. SPECIFICATIONS OF VEHICLES. The body of every vehicle licensed hereunder shall be constructed entirely of metal, or the space in the vehicle in which refuse will be kept shall be completely lined with metal.' All joints shall be effectively closed so that no dripping or leaking or draining off of water, liquid or any substance can occur. The loading space shall be provided with a tight metal hood having an opening fitted with metal doors, or shall be provided with a heavy tarpaulin or equivalent cover fitted with eyes, grommets tie ropes, or hooks so that the cover can be held securely over the loaded refuse. Every vehicle used for collecting garbage or swill shall have a permanent metal cover.) ( Section7 -119. CLEANLINESS OF VEHICLES. Every vehicle license hereunder shall be kept well painted, clean and in good repair. Every such vehicle used for collecting garbage or swill shall be cleaned every week or oftener if necessary, to prevent persistent odors, and shall' be cleaned before being used for any other purpose. ) ( Section 7 -120. = MARKING OF VEHICLES. Every vehicle used to collect refuse shall have the name of the owner or operator on the body, or placed on a durable metal or wood plaque which shall be fastened to the body when the vehicle is used for collecting garbage or refuse.) ( Section 7 -121. LOADING VEHICLES. Rubbish or waste matter shall be so loaded that none of such materials can jar loose and fall to the ground or street when the vehicle is in motion. Loose paper, trash and small materials shall be so secured that they cannot be dispersed by the wind or fall out of the vehicle.) ( Section 7 -122. CONTAINERS USED IN VEHICLE. Containers used to store or carry garbage or refuse in any vehicle 'licensed hereunder shall comply with the requirements of Section 2 hereof.) ( Section 7 -123. PENALTY. Any person violating any provision of this ordinance shall, upon conviction, 'is .punishable by a' fine of not more. than Three Hundred ($300.00) and by.imprisonment not to exceed ninety (90) 'days Such penalty may be imposed in addition to revocation or suspension of a hauler's license, and in addition to cost of abatement of nuisance hereunder.) ( Atm ospheric Pollution (AN ORDINANCE TO REGULATE AND CONTROL ATMOSPHERIC POLLUTION) ( Section 7 -701 AIR POLLUTION PROHIBI`.fED. ' No person shall cause, suffer or allow to be emitted into the open air any foreign materials such as dusts- gases, fumes, mists, vapors, smokes, and odors in quantities which, ` by reason of their objectionable properties, shall constitute a nuisance because they a. Injure, or are sufficient to injure, the health or safety of any person or the public; b. Create an obnoxious odor in the atmosphere; c. Cause damage to property or inconvenience to the general public; d. Create a nuisance or hazard by obscuring vision; or e. Have a, deleterious effect upon trees, plants, or other forms of vegetation.) ( Section 7 -702 STANDARDS FOR INDUSTRIAL PLANTS. Any industrial or manufacturing plant causing dust, vapor, mist, odors or fumes to be emitted so as to cause a concentration thereof in excess of the maximum allowable standards set forth in "Industrial Safety Standard, Laws and Codes" adopted by the Industrial Commission of Minnesota, copies of which are on file in the City Office, shall be required to collect said dust, vapor, mist,, odors or fumes in a manner which eliminates the objectionai properties in such emission. These standards shall be supplementary to and shall not limit the standards set out in Section 7- 701.) ( Section 7 -703 ENFORCEMENT. The Building Inspector and his duly appointed subordinate shall have the primary responsibility for the enforcement of this Ordinance and shall investigate all complaints regarding atmospheric pollu- tion. Upon recommendation of the Building Inspector, the Council shall have the power to engage an Industrial Engineer qualified in the field of atmospheric pollu- tion to assist the Building Inspector in the enforcement of this Ordinance.) ( Section 7 -704. VIOLATIONS AND PENALTIES. Any and all persons who shall violate any of the provisions of this ordinance or fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, shall severally for each and every such violation and non - compliance respectively be guilty of a misdemeanor, and upon conviction thereof, be ` fined not to exceed Three Hundred ($300.00) �allars and by imprisdnment riot to exceed ninety (90) days Imposition of one penalty for any violation of this ordinance shall not excuse the violation, or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. Each day during which a violation exists shall be deemed a separate offense. The applica- tion of the penalty' above shall not be held to prevent the enforced removal or correction of prohibited conditions. ) ( Section 7-705 EFFECT. This ordinance shall be effective upon its passage and 'publication. ) Ordinance No. Section 2: Chapter 7 of the City Ordinances is hereby amended by the addition of the following: AN ORDINANCE PROVIDING FOR THE SANITARY STORAGE OF REFUSE GARBAGE, SWILL, RUBBISH AND WASTE MATTER, AND FOR THE REGULAR COLLECTION AND SANITARY DISPOSAL THEREOF, FOR THE REGULATION AND LICENSING OF REFUSE HAULERS FOR ABATEMENT BATEMENT OF REFUSE ACCUMULATIONS AND FOR ADOPTION 'OF AIR POLLUTION CONTROL REGULATIONS Section 7 -101. DEFINITIONS. Whenever used in this ordinance words shall have the following meanings• A. Approved shall mean acceptable to the Health Authority followina his determination as to compliance with established public health ractices and p p stand rds B. Council shall mean the governing body of the municipality — C. Garbage includes all putrescible animal, vegetable or other matter that attends the preparation,` consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit, or vegetables, including the cans containers or wrappers wasted along with such materials. D. Health Authority shall mean the municipal Public Health Sanitarian or his authorized representative. E. Manager shall mean the administrative head for the municipality F. Open Burning shall mean the burning of any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through an adequate stack,` duct, or chimney G. Owner` is any person, firm, corporation, or other partnership or organiza tion who alone, jointly, or severally with others shall be in ownership of, or have charge, care or control of, any premises or business within the munici ality as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder H. Person is any person, firm, partnership, association corporation company, or organization of any kind I. ` ` Premises is any dwelling house, building, or other structure or parcel of property.' L ' Public Place is any and all streets, sidewalks, boulevards alleys, parks, public buildings, and other public ways Ordinance No. K. Refuse means all solid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings; trash, rubbish, litter, industrial solid wastes or domestic solid wastes; organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from kitchen, dining room, market, food establishment or any place dealing in or handling meat, fowl, fruit, grain, or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings, or grass clippings; brick, plaster, wood, metal or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials,` cans, containers, junk vehicles, ashes, tires, junk,` or other such substance which may become a nuisance. L. Rubbish is non- putrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, 'excelsior, wooden waste, printed matter, paper, paper board, paste board grass rags straw, boots, shoes hats and all other combustibles not included under the term garbage M. Swill includes that particular arbage which is wholly or nearly edible and usable as a food and has food value for animals or fowl, accumulating from animal, vegetable or other matter wasted from clubs hotels hospitals restaurants, and public eating Places. N. Vehicle is every device in, upon, or by which any person or property is or may be transported or drawn upon a thoroughfare including devices used exclusively upon' stationary rails or tracks 0. Waste Matter is non- utrescible solid waste such as soil, earth, sand, clay, gravel, loam, stone, brick, plaster, crockery, glass glassware, ashes, cinders - shells metal and all other noncombustible material which has been or is to be discarded. Section 7 -102. REFUSE STORAGE AND DISPOSAL. A. Containers' Required. The owner` of any premises, and any other person having refuse as herein defined, shall provide and keep on such premises sufficient containers for the storage of refuse accumulated on the premises between disposal or 'collection. ` Each such container shall be water tight, shall have a'tight fitting lid, shall be impervious' to insects rodents, vermin, and absorption of moisture and shall not exceed 30 gallons` in size unless otherwise specifically authorized in writing by the Health Authority All refuse on any premises shall be stored in the containers required herein, except if the same immediately consumed or disposed of on such premises in an approved incinerator. All commercial, business, industrials or other such establishments having a refuse volume in excess of two cubic yards per week, and all six family and larger dwellings', shall provide' approved bulk or box type refuse storage con - tainers or approved equivalent. These containers shall be so located as to be accessible` to collection equipment and so as not to require an intermediate transfer. Ordinance No. B. ` Sanitary Disposal All refuse shall be disposed of in a sanitary manner as approved by the Health Authority and shall not constitute a nuisance. Refuse shall not be composted or buried except that composting in an approved rodent and fly Proof device and /or filling operations using approved fill materials and methods may be permitted. In no case can garbage be composted or buried C. Frequency and Manner of Collection. The contents of the containers shall be collected once every week, or more frequently if necessary or required by the provisions of any other ordinance of the municipality by a collector licensed hereunder. He shall transfer the contents of the containers to his vehicle without spilling them, or if any spilling occurs, he shall clean it up immediately and completely. Collection shall be conducted in such a manner as to not create a nuisance Upon each collection, the containers shall be completely emptied and returned to the racks or stands where they are kept, and the lids of the containers shall be replaced D. Placing of Containers. The containers shall be placed in the rear of the pre mises' or in such a manner a _ e s to be out of view from the street in front of the premises or placed in a garage located on the premises, except as may be reasonable and immediately necessary for collection In no event shall container be placed or maintained in such - a way as to unreasonably interfere with the use of adioining property, Containers kept outside shall be placed in such .a manner as not to permit entry of or harborage for animals, insects or other vermin, and so maintained as not to be tipped over. Con - tainers shall be maintained in a reasonably clean condition at all times E Defective Containers If upon inspection by the Health Authority, a container is found to be in poor repair, corroded or otherwise defective so as to permit insects vermin or rodents to enter, or does not meet other requirements of this ordinance. the Health Authority shall notify he provider or user of the coata•ner of the deficiency and shall require repair or replacement of the container and shall state a compliance date in the notice If the deficiency is not corrected by said compliance date, the Health Authority shall condemn the deficient container and affix a tag so stating such condemnation It shall be unlawful for any Derson to place or deposit refuse in a container which has been condemned. Section 7 -103. REFUSE HAULERS REGULATIONS A. License Required. No person shall engage in hauling or conveying refuse from any premises, other than his own domicile, in the municipality unless he holds a valid license hereunder. Each such vehicle so used must be licensed.- B. - License Procedure. The provisions of Sections 23 -001 through 23 -013 of the City Ordinances, including the license fee and penalty provisions thereunder shall apply to all licenses required by this ordinance and to the holders of such license The term of each license hereunder shall be from July 1' through June 30 The applications for license or renewal of license shall contain a description of the types and makes of motor vehicles used for collection, a'schedule of services to be made to the customers, the frequency of service to be rendered, and full infor- ► mation where and how the material collected will be disposed of, and any other infor mation the Health Authority shall require. Applicants for licenses, after Tuly 1', 1970. to provide routine weekly collection and removal of refuse from residences s AILprovide,' Ordinance No. as required under this ordinance, complete collection of all refuse which normally results from day to day use of this type of property except furnishings, appliances; building or construction wastes and similar bulky wastes for which individuals must make special arrangements. The Health Authority may require vehicle inspection before processing the license application Applications for license hereunder shall be submitted to the Health Authority for review and recommendation. If the Council is satisfied that the 'public need, convenience, and good order will be served thereby, it may grant a license to any such applicant meeting the requirements of this ordinance C. License Classification Applicants for licenses issued hereunder shall be issued for the following classes of operation: Class I Residential Refuse Collection Vehicle Class II - Commercial and Business R fus oll tion V hi Class III Residential and Commercial Refuse Collection' Vehicle Class IV Rubbish and Waste Matter Collection Vehicle Class V Rendering Co1lection Vehicle D. Insurance. Applicants for licenses or renewals of licenses shall file with each application a cores of an insurance policy or policies' and an endorsement under which there is coveragg as to each vehicle to be used for loss or damage to persons in the amount of $100 000 for each person and $300 000 for each accident; and for loss or damage to property in the amount of $50,000. Every such policy shall provide that it shall not be cancelled or terminated for any reason without at least 10 days written notice thereof first being given to the municipality E. Vehicle License Decals. Whenever a license or renewal has been granted hereunder,; the Health Authority shall furnish to the licensee a decalcomania for each vehicle The decalcomania shall be so worded as to signify that the vehicle is licensed Sy the municipality. The licensee shall apply the decalcomania to the left forward side of the body of the appropriate licensed vehicle as indicated by the Health Authority Old,; expired, or otherwise invalid decalcomania shall be 'removed from the vehicle. F. Vehicle Specifications. Every vehicle used to collect refuse shall have the name of the owner or operator on the body or placed on a durable metal or wood plaque attached to the body. Said lettering shall be at least three inches in height and the color of the lettering and of the background shall be contrasting. The body of every vehicle licensed hereunder` shall be constructed entirely of metal or the space in the vehicle in which refuse shall be kept shall be completely lined with metal. All joints shall be effectively closed so that no dripping or leaking ' or drain off of water, liquids or any substance can occur. ' The loading space shall be provided with a tight metal hood iavinq an opening fitted with metal 'doors or shall be provided with a heavy tarpaulin or equivalent cover fitted with eyes, grommets tie roves, Ordinance No. or hooks so that the cover can be held securely over the loaded refuse. Every vehicle used for collection of arbage or swill shall have a permanent metal cover Every vehicle shall be equipped with the necessary hand tools for cleaning up spills. G. °Vehicle Maintainence. Every vehicle licensed hereunder shall be kept well painted, clean, and in good repair. Every such vehicle used for collecting garbage or swill shall be cleaned every week or oftener as necessary to prevent persistant odors and shall be cleaned before being used for any other purposes. H. '' Vehicle Loading. Garbage, refuse, rubbish, or other waste matter shall be so loaded that none of such materials can jar loose and fall to the ground or street when the vehicle is in motion. Loose paper, trash, and similar materials shall be so secured that they cannot be displaced by the wind or fall out of the vehicle Con - tainers used to carry refuse in or on any vehicle shall comply with t e requirements of Section 2 hereunder, I. Service Cancellation. The collector shall cancel service to any premises when the only container or containers thereon have been condemned and may cancel service for cause or when the party charged for the collection service is two months or more overdue in paying for such services When any collector cancels - service to any premises, written notice thereof shall be served upon or mailed to the occupant, manager or owner of the premises and a copy of the notice shall be mailed to the Health Authority J. Vehicle Storage and Parking. No person shall at any time park, or store, any refuse collection vehicle on any premises zoned for use as a single or multiple' residence dwelling, within one hundred feet of any aforementioned premises, or within two hundred feet of any food establishment, for purpose other than, or for periods inconsistent with, providing refuse collection at said premises No person shall at any time park or store any loaded or partially loaded refuse collection vehicle on any premises within the municipality, except for the purpose of and for periods consistent with providing refuse collection at that parcel of property. Section 7 - 104. REFUSE LITTERING PROHIBITED No person shall throw, scatter or deposit, nor cause or permit to be thrown, scattered or deposited any refuse, handbills, or other littering materials upon or in any public or private lands, bodies of water, vehicles or structures < within the municipality. Every person shall maintain his premises and abutting sidewalks and boulevard areas free of refuse litter. Section' 7 -105. NUISANCE ABATEMENT. Any accumulation of refuse on any premises not stored in containers which comply with this ordinance, or any accumulation of refuse on any premises which has remained thereon for more than one week is hereby declared to be a "nuisance and may be abated by order of the City Health Officer, as provided by Minnesota Statutes, Sections 145.22 and 145. 23, and the cost of abatement may be; assessed 'on the property, where the nuisance was found, as provided in said section.' Ordinance No. Section 7 -106. MINNESOTA POLLUTION CONTROL AGENCY REGULATIONS ADOPTED. A. Regulation Adopted. Subject to specific modifications and additions contained herein, the municipality hereby adopts by reference Air Pollution Control Regulations Nos. 7 (Incinerators) and 8 (Open Burning Restrictions) contained in the Minnesota Pollution Control Agency document entitled "Ambient Air Quality Standards and Air Pollution Control Regulations", adopted May 11, 1969, filed with the Secretary of State July 3, 1969,�nd filed with the State Department of Administration July 7, 1969,` including all subsequent amendments thereto Three copies of such regulations shall be on file a'd available for inspection in the Office of the Clerk These regulations shall not apply to wood burning fireplaces, nor to fires used solely for preparation of food by barbecuing. B. Modifications to APC Regulations. It is hereby determined, effective 11112 1, 1970, that adequate refuse collection service is available to the municipality. Omen burning is thereafte pr ohibited. Effective January 1,' 1971, no device or con - tainer for open burning shall be mg tained on any premises Exceptions to APC Regulation No'. 8 shall require written approval of the municipal Fire Chief, All incinerators of less than 2000 lbs. /hr capacity shall comply with the provisions of APC Regula lon No. 7 on or before January` 1, 1971 Section 7 -107. SEPARABILITY. If any section, subsection, group, phrase, sentence, or portion of this ordinance is for any reason held invalid or unconstitutional, such portions shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 7 -108.' PENALTY. Any person violating any of the provisions of this ordinance shall, upon conviction, be guilty of a misdemeanor, and subject to a fine of not more than $300 and by imprisonment fora 2eriod of not exceeding 90 days. Each day that a violation exists shall contitute a separate offense Section 3; This ordinance shall be effective after adoption and thirty days following its legal` publication. Adopted this day of 1970. Mayor ATTEST: Clerk Published in the Official Newspaper Effective Date