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HomeMy WebLinkAboutOrdinance - 6-2021 - Amending City Code Section 5.36, Related to Licensing of Collectors of Waste - 05/13/2021CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF WASTE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENAL TY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 5, Section 5.36, is hereby deleted in its entirety and replaced with the following: SECTION 5.36. -LICENSING OF COLLECTORS OF WASTE. Subd. 1. Purpose and Findings. The City Council of the City of Eden Prairie finds that the practice of disposing of waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental both in the short-range and long-range to the environment in that it causes pollution and contamination of underground and surface waters, the air and natural flora and fauna, it is harmful to the health and safety of persons and property because of the generation of noxious and dangerous odors and gases, including methane gas, the contamination of waters and air, and the blowing of airborne particles and contaminants causes social and/or economic harm to persons and property who reside, or which is, in proximity to landfills and should be done only in the absence of reasonably available alternatives. Additionally, it is the intent of the City Council to establish a system for the orderly and regular collection of waste in the City; to insure that the disposal of the material shall be accomplished in a sanitary manner; that the health of the residents of the City shall be properly safeguarded; and to further insure that the City shall be in compliance with all laws relating to the disposition of waste materials. The City Council adopts the following provisions relating to the collection of waste in an effort to ameliorate and eliminate so far as possible the social, economic, and physical harm caused by the disposal of waste. Subd. 2. Definitions. The following terms, as used in this section, shall have the following meanmgs: Aluminum Recyclables means disposable containers fabricated primarily of aluminum, commonly used for beverages. Association means all organizations of residential dwelling owners formed for the purpose of joint management of property or services. Can Recyclables means disposable containers fabricated primarily of metal or tin. Collection means the aggregation of waste from the place at which it is generated and includes all activities up to the time when the material is delivered to a disposal facility. Commercial Establishment means any premises where commercial or industrial enterprise of any kind is carried on and shall include restaurants, clubs, churches, and schools where food is prepared or served. Corrugated Cardboard means heavy paper or cardboard material with double wall construction and corrugated separation between walls for use in packing or boxing materials. Curbside Collection means the collection of waste from single and multiple family dwellings where each housing unit sets out its own waste for collection at the curb. Director means the City's Director of Public Works. Disposal Facility means a waste facility permitted by the Minnesota Pollution Control Agency (MPCA) that is designed or operated for the purpose of disposing of waste or otherwise processing or preparing waste materials for reuse. Glass Recyclables means glass jars, bottles, and other containers which are primarily used for packing and bottling of food and beverages. Geographic Service Area means that area incorporated within the boundaries of the City. Hauler means any person who owns, operates, or leases vehicles for the primary purpose of collection and transportation of any type of waste. Licensee means a person licensed to collect and transport trash, recyclable materials, organic materials and/or yard waste or roll off containers as provided in this section. Mixed Recyclables means recyclable materials that are source separated from waste for the purpose of recycling, whether or not these materials are commingled for collection. Multiple Family Dwelling means a residential building designed for or occupied by two or more families. Organic Materials means the portion of waste that is source separated for the purpose of beneficial use, and may include food, food scraps, and other materials as designated by Hennepin County in collaboration with local organic material management facilities. For the purpose of this Section, organic materials excludes yard waste regulated by Minnesota Statutes Section l l SA.931. Paper Recyclables means newsprint, advertising supplements, office paper, magazines, catalogs, mixed paper, aseptic containers, gable-topped containers, and uncoated paper products such as cereal, cracker, pasta, cake mix, shoe, gift, electronics, and toothpaste boxes. Plastic Recyclables means plastic containers and lids from containers that are labeled #1 (Polyethylene Terephthalate, PET, or PETE), #2 (High Density Polyethylene or HDPE), #3 (Vinyl Polyvinyl Chloride or PVC), #4 (Low Density Polyethylene or LDPE), or #5 (Polypropylene or PP), excluding bottles that previously contained hazardous materials or motor oil. Recyclable Materials means the portion of waste cons1stmg of aluminum recyclables, can recyclables, corrugated cardboard, glass recyclables, paper recyclables, plastic recyclables, organic materials, and other materials required to be recycled in compliance with applicable City, County, and State ordinances, laws, rules, and regulations, each of which has been separated by a customer into a container or containers which have been designated for recyclable or organic waste. Recycling means the process of collecting and preparing recyclable materials for reusing these materials to prevent waste of potentially useful materials either in new products, in their original form, or in a manufacturing processes that does not cause destruction of them in a manner that precludes further use. Residential Customer means a person who is a customer of a licensee and resides in a single family dwelling or multiple family dwelling which is used for residential purposes by one or more people. not including hotels, motels, rest homes, hospitals, or nursing homes. Roll-Off Container means an open-top dumpster characterized by a rectangular footprint that: (i) utilizes wheels to facilitate rolling the dumpster in place; (ii) is designed to be transported by special roll off trucks; (iii) is intended for temporary uses; and (iv) is commonly used to contain loads of construction and demolition waste or other waste types. Roll-off container also means any type of dumpster bag service. A dumpster used by a commercial establishment or multiple family dwelling for ongoing collection of waste is not a roll-off container under this definition. Single Family Dwelling means a building designed for or occupied exclusively by one family. Source Separation means the separation of recyclable materials and organic materials from trash at the source of generation. Trash means non-recyclable materials that are designated for landfill or incinerator disposal by the hauler. The term "trash" does not include hazardous waste as defined in Minnesota Statues Section 116.06, subdivision 11, or construction debris as defined in Minnesota Statutes Section 115A.03, subdivision 7. Waste means all trash, mixed recyclables, organic materials, and yard waste from residential, commercial, industrial, and community activities. Yard Waste means waste generated from landscaping and lawn care activities such as mowing, trimming, gardening, or raking consisting of grass clippings, twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste, and leaves. Subd. 3. License Required. A. It is unlawful for any person to collect waste from any person or establishment within the City, or transport the same, without a license from the City. B. The City may issue no more than five (5) licenses at any time for the collection of waste from residential customers . There is no limit on the number of licenses that may be issued for the collection of waste from commercial establishments. Subd. 4. Exception. Nothing in this section prevents a person from collecting or transporting waste from the person's own residence or place of business provided the collection and transportation of waste is conducted in accordance with Minnesota Administrative Rule 7035.0800. All waste must be dumped or unloaded only at a disposal facility. Subd. 5. License Applications. A. Application; Fee. An application for a license under this section must be made on a form supplied by the City and must be accompanied by a fee in the amount as established by resolution of the Council. All questions asked or information required by the application form must be answered fully and completely by the applicant. B. Insurance. Each applicant for a license must provide with its license application evidence, in the form of certificates of insurance issued by insurers duly licensed to do business within the State of Minnesota, of the insurance coverages required by Subdivision 6.H.1 covering all vehicles to be used and all operations to be performed by the applicant in collecting and transporting waste. C. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this section, including but not limited to ordering a criminal history check pursuant to City Code Section 2.33. D. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection C above, an initial application for a license under this section will be endorsed by the Director for issuance or denial within ten (10) days after the application and any investigations are deemed to be complete. 1. Issuance. Upon the Director's endorsement of his/her approval of an application and the applicant's payment of the license fee, the City will issue and mail a license certificate to the applicant at the address noted in the application. 2. Denial. The Director may deny a license for any of the following reasons: (i) unavailability of a license pursuant to Subdivision 3.B of this section; (ii) failure of the applicant to pass any investigations pursuant to Subsection C above; (iii) inability of the applicant to meet any of the requirements of Subdivisions 6 or 7 of this section; or (iv) on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 9 of this section. A denial of an application will be communicated to the applicant in writing, including findings supporting the decision. The notice of denial will be mailed by regular mail to the applicant at address listed on the application. An applicant may appeal a denial by submitting a hearing request to the Director within ten (10) days of the date of the notice of denial. If a hearing request is not received by the Director within ten (10) days of the date contained in the notice, the applicant's right to a hearing will be deemed waived. If timely requested, the hearing will be held in accordance with the procedures set forth in Subdivision 9.B.2 and 9.B.3 of this section. E. Term; Renewal. Licenses issued under this section will expire on December 31 of each year. An application for renewal of a license must be submitted on or before December 1 of each year and be accompanied by the completed renewal form provided by the City and the required license fee. Applications for license renewal will be investigated, considered, and issued in accordance with the procedure for an initial license as set forth in Subsections A-D of this Subdivision 5. Subd. 6. Conditions. The following are conditions applicable to each licensee for a license for the collection of waste: A. Each licensee is authorized to collect waste within the geographical service area. The Council has by resolution divided the geographical service area into districts and established the days on which residential waste collection may occur within each district. The districts so established and the days on which collection may occur within each district may from time to time be amended by the Council by resolution. No licensee or any other person may collect waste from residential customers on any day other than the day specified for collection in the district except to collect roll-off containers, missed pickups, a special pickup, or when a holiday falls on a district collection day. B. Each licensee must use vehicles or roll-off containers for the collection and transportation of waste in good operating condition, of such design and so equipped so as to prevent loss in transit of liquid or solid cargo. The vehicles must be kept clean and free from offensive odors and must not be stopped or parked longer than reasonably necessary to collect waste. C. No licensee may operate on any City street a vehicle which exceeds eight (8) tons per axle weight. D. No licensee may operate in a residential district after 8:30 P.M. or before 7:00 A.M. of any day, and may not operate in a residential district on Sunday. E. Each licensee must exhibit evidence of the license in a prominent position on each vehicle used in the collection or transportation of waste. F. Each licensee is solely responsible for the provision, at its expense, of all personnel and equipment necessary to collect and transport all waste for which a license is granted by the City for delivery and disposal in accordance with the City Code and such regulations as the City may from time to time establish. G. Each licensee must take all precautions necessary to protect the public against injury and must defend, indemnify and save the City and its elected officials, agents and employees harmless from and against all liabilities, losses, damages and claims of damages (including all reasonable costs, attorneys' fees, and other expenses incident thereto) suffered or incurred by the City that may arise by reason of any act or omission on the part of the licensee, its agents, or independent contractors, while engaged in the collection and transportation of waste. Each licensee must also defend, indemnify, and save the City and its elected officials, agents, and employees harmless from and against any and all claims, liens and claims for labor performed or material furnished incident to the said collection and transportation by licensee including claims for material or services furnished or subcontracted for by it. Each licensee must also defend, indemnify, and save the City and its elected officials, agents, and employees harmless from and against all liabilities, losses, damages, costs, and expenses (including attorneys' fees and expenses of City), causes of action, suits, claims, demands and judgments of any nature arising from violation of any representation, agreement, warranty, covenant, or condition made by licensee or imposed upon licensee by this section. H. Insurance Requirements. 1. Each licensee must obtain and maintain during the term of the license the following insurance covering all vehicles to be used and all operations to be performed by the licensee in collecting and transporting waste: a. Commercial general liability insurance with a limit of not less than $1,000,000 property damage and bodily injury per occurrence. If such insurance contains an annual aggregate limit, the annual aggregate limit shall not be less than $2,000,000. b. Comprehensive automobile liability insurance with a limit of not less than $1,000,000 combined single limit. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned vehicles. c. Worker's compensation insurance at statutory limits. 2. After endorsement of an application by the Director but before issuance of the license, the licensee must furnish to the City certificates of insurance evidencing the required insurance coverage in force on the date of commencement of the license period, and continuing for a policy period of at least one (1) year. Each required policy of insurance must name the City as an additional insured. 3. The commercial general liability and automobile liability insurance policies must provide contractual liability insurance, specifically referring to and covering licensee's indemnification obligations as provided in subsection G above. 4. The commercial general liability and automobile liability policies must contain an endorsement as follows: The policy to which this endorsement is attached is intended to comply with and furnish the coverages required by Section 5.36 of the City Code of the City of Eden Prairie. If anything in any other attachment, endorsement, or rider conflicts with the provisions of said Section 5.36, then the provisions of said Section 5.36 shall prevail. Any deductible amount provided for in any part of the policy will be paid by the insurer upon establishment of legal liability of any insured, and the insurer will be entitled to reimbursement from the insured for such deductible amount. 5. All policies of insurance must contain a stipulation that the policy will not be canceled nor any material change effected without first giving thirty (30) days written notice to the City. Upon request by the City, licensee must promptly furnish to the City for examination at any time all policies of insurance required herein. Each licensee must, upon application for renewal of the license, furnish the City with evidence satisfactory to the City of the insurance required hereunder. I. Each licensee must at all times operate its business of collecting, transporting, and disposing of waste in compliance with all local, state, and federal laws. Each licensee must obtain and maintain all licenses, permits, or other authority required by each county in which it operates, the Minnesota Pollution Control Agency, and any other governmental agency having jurisdiction over its activities. J. Each licensee must impose charges for the collection of trash that increase with the volume or weight of the trash collected. Subd. 7. Collection and Reporting Requirements. In addition to the conditions imposed upon licensees set forth in Subdivision 6, the following are conditions and requirements applicable to each licensee. Each licensee must: A. Collect or provide for the collection from each customer of the licensee of recyclable materials no less frequently than on a bi-weekly basis and trash and organic materials no less frequently than on a weekly basis on the same day or days that the licensee collects other forms of waste from such customer as described in Subdivision 6.A. B. Not deliver to, dump, or dispose of recyclable materials that have been placed in a container designated for recycling on or in a disposal facility. C. Provide for and collect yard waste from each residential customer of the licensee at least as frequently and on such day or days as it collects trash and organic materials from such residential customer between May and October. D. Not deliver to, dump, or dispose of yard waste on or in a disposal facility. E. Provide to the City a quarterly written report that includes the following information: 1. The amount, by weight or volume, of all single sort system recyclable materials or of each of the following materials collected during the preceding month from all residential customers of the licensee in the City: a. Aluminum recyclables b. Can recyclables c. Corrugated cardboard d. Glass recyclables e. Paper recyclables f. Plastic recyclables g. All other recyclable materials h. Yard waste 1. Organic materials J. All other trash 2. The number of single family dwellings with curbside collection of recyclable materials, separately noting the number of such dwellings with curbside collection of organic materials. 3. The number of multiple family dwellings or customers with curbside collection of recyclable materials, separately noting the number of such dwellings with curbside collection of organic materials. 4. The number of multiple family dwellings without curbside collection of recyclable materials. 5. The number of commercial establishments with recycling service. 6. The number of commercial establishments with organic materials collection. 7. The following organic materials collection reporting requirements: a. A description of how organic materials are or will be collected. b. A communications plan that includes the method(s) and frequency of communications that notify residents of the availability of curbside collection of organic materials. c. Instructions on how residents may sign up for the curbside collection of organic materials. d. A curbside collection schedule or calendar. e. Instructions on how residents should prepare organic materials for curbside collection. f. The number of participants and tonnage of organic materials collected. g. The organic materials management facility where organic materials are delivered. h. The contact information of a representative of the licensee who can respond to inquiries related to the requirements of this section. F. Retain all documents evidencing the amount of the materials collected and/or received by the licensee from the facility or facilities at which the materials have been disposed for a period of at least five (5) years. These documents must be available for inspection by representatives of the City at all reasonable times within Hennepin County or a contiguous county. G. Not impose a greater charge for curbside collection upon customers who recycle aluminum can, plastic, corrugated cardboard, paper, and glass recyclables than upon customers who do not recycle waste. H. Collect or provide for the collection of recyclable materials from each commercial or business customer on request. I. Collect or provide for the collection of at a minimum the following recyclable materials from all residential customers and commercial establishments: 1. Aluminum recyclables 2. Can recyclables 3. Corrugated cardboard 4. Glass recyclables 5. Paper recyclables 6. Plastic recyclables J. Provide for the collection of organic materials upon request for ( 1) all residential customers residing in single family through fourplex dwellings, and (2) any residential customers residing in other multiple family dwellings whose households have their own curbside collection container for mixed recyclables. Collection of organic materials must be made available to residents by November 1, 2021. K. Collect or provide for the collection of all recyclable materials, including organic materials upon request, from residential customers with curbside collection using one of the following systems: 1. Single Sort System. All recyclable materials are collected m one container, excluding organic materials, or 2. Dual Sort System. All recyclables materials are collected separately. Organic materials may be collected in a certified compostable bag that is placed for co- collection in a trash cart. Bagged organic materials must be separated from the trash at the disposal facility. Organic materials may also be co-collected with yard waste if approved by the Minnesota Pollution Control Agency and Hennepin County. L. Provide one educational piece of literature or one educational flyer in a format approved by Hennepin County to each residential customer who has curbside collection of recyclable materials. The educational literature or flyer must include at a minimum the materials that are collected by curbside collection. Subd. 8. Roll-Off Containers. A. All provisions of this section, except Subdivision 7, are applicable to licensees who collect roll-off containers. B. Roll-off containers must not be placed (1) within any street or public right-of-way except pursuant to a right-of-way permit issued under City Code Section 6.03, or (2) on or within other public property. C. Each licensee who collects roll-off containers must document and· retain dated weight receipts of the recyclable materials processed or waste hauled from the City for the last three years, which must be made available to the City upon request. At a minimum, the receipts must contain: 1. Total tons of construction and demolition waste collected. 2. Total number of construction and demolition waste pick-ups. 3. Locations at which construction and demolition wastes were processed or disposed of. D. Upon demand by the City, licensees who collect roll-off containers must produce any records required by the City to verify that all waste has been disposed of in a lawful manner. Subd. 9. Suspension or Revocation. A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the licensed collection; 3. Failure to perform, meet, or comply with any condition or obligation imposed upon a licensee under this section; or 4. Failure to comply with other City ordinances or state or federal law. B. Procedure. 1. Notice. A suspension or revocation will be preceded by written notice from the Director or his or her designee to the licensee and an opportunity for a hearing. The notice will state the nature of the violation(s) or grounds for suspension or revocation and will inform the licensee of the licensee's right to request a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice will be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing will be deemed waived. No suspension or revocation of a license under this section will take effect until (a) the licensee's time to request a hearing expires; or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Director or his or her designee will provide written notice to the licensee of the date, time, and place of the hearing. The notice will be served in the same manner as the initial notice. The notice will be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing will be held by an impartial hearing officer who will be appointed by the Director or his or her designee. Upon conclusion of the hearing, the hearing officer will, within ten (10) days, make his or her recommendation to the City Manager in writing. If the hearing officer's recommendation is denial of the application or suspension or revocation of the license, he or she must include in the written recommendation his or her findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager will make a decision on whether the license will be denied renewal, suspended, or revoked. The City Manager will inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten (10) days. 4. Appeal. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this section. The City Council may, on its own motion, determine to review the decision of the City Manager. Subd. 10. Relationship of the Parties. The City will have no responsibility or obligation whatsoever with respect to the collection, transportation, or disposal of waste, or payment for such services to any person, and nothing in this section will be deemed to make a licensee a partner, joint venturer, agent, or representative of the City or to create the relationship of employer- employee. Subd. 11. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of an act constituting a violation of this section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, permits, or directs another to violate a provision of this section is guilty of a misdemeanor. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of April, 2021, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of May, 2021. Ronald A. Case, Mayor Published in the Sun Sailor on the 13th day of May, 2021. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF WASTE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends and replaces City Code Section 5.36 relating to the licensing of collectors of waste in the City. The ordinance requires that all licensed residential haulers in the City offer organics collection by November 1, 2021. The ordinance further provides that the City may issue no more than five licenses for the collection of waste from residential customers. The ordinance also revises and clarifies definitions and licensing procedures and requirements. Effective Date: This Ordinance shall take effect upon publication. ATTEST: -7/~ Ronald A. Case, Mayor PUBLISHED in the Eden Prairie Sun Sailor on May 13, 2021. (A full copy of the text of this Ordinance is available from City Clerk.) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SS Mtka_Excelsior_Eden Prairie with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §33 lA.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 05/13/2021 and the last insertion being on 05/13/2021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By Ll.. .. w ... - Designated Agent Subscribed and sworn to or affirmed before me on 05/13/2021 by Diane Erickson. Q~M~f~ Notary Public DARLENE MMIE MACPHERSON NOTARY PUBLIC· MINNESOTA My comm1111an _. .111131, 202• Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $68.50 per column inch Ad ID 1136788 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF WASTE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA, ORDAINS: Summary· This ordinance amends and replaces City Code Section 5.36 relating to the licens- ing of collectors of waste in the City. The ordinance requires that all licensed residential haulers in the City offer organics collection by November 1, 2021. The ordinance further provides that the City may issue no more than five licenses for the collection of waste from resi- dential customers. The ordinance also revises and clarifies definitions and licensing procedures and re- quirements. Effective Date· This Ordinance shall take effect upon publication. Ronald A. Case, Mayor ATIEST: Kathleen Porta, City Clerk Published in the Sun Sailor May 13, 2021 1136788