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Home My WebLink AboutOrdinance - 10-2010 - Amending City Code Chapter 5 & 11 relating to commercial recycling - 06/24/2010 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.36 REGARDING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 REGARDING STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE, RECYCLABLE WASTE AND SOLID WASTE; AMENDING CITY CODE CHAPTER 11, SECTION 11.03 REGARDING ESTABLISHMENT OF DISTRICT, SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99, 9.99 AND 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. Code Chapter 5, Section 5.36 Subd. 6.F. is amended by inserting as a new subparagraph 4 "4. Number of Commercial Establishments with recycling service," Section 2. Code Chapter 5, Section 5.36 Subd. 6.F.4. is renumbered to Subd. 6.F.5, Section 3. Code Chapter 5, Section 5.36, Subd. 6. J. is amended by inserting the words "and Commercial Establishments"after the word "Residential". Section 4. Code Chapter 9, Section 9.01 Subd. 4. is amended by changing the title to "Recyclable Waste Collection—Multiple Family". Section 5. Code Chapter 9, Section 9.01 is amended by inserting a new Subd. 5 as follows and by renumbering existing subdivisions 5, 6, 7, 8 and 9 as 6, 7, 8, 9, and 10 accordingly. Subd. 5. Recyclable Waste Collection-- OFC, I-2, 1-5, I-Gen, C-Cam, N-Cam, C- Reg, C-Reg-Ser, C-Hwy, TC. This Subdivision is applicable to all properties which have been issued a building permit for new construction after the effective date of the ordinance. Owners, Associations or other management entities for properties located within the OFC, I-2, I-5, I-Gen, C-Corn, N-Corn, C-Reg, C-Reg-Ser, C-Hwy, TC zoning districts shall provide to all occupants services for the Collection of Recyclable Waste which accumulates on the premises in accordance with the following provisions: A. Schedule. Collection services must be available on the premises and must be provided on a regularly-scheduled basis. The Owner, Association or management entity may provide the Collection services or may utilize a person licensed pursuant to City Code Section 5.36. B. Recycling Information Required. The Owner, Association or management entity of all properties zoned OFC, I-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C- Reg-Ser, C-Hwy, TC shall provide notice to the occupants of each unit which provides information on the availability of Collection services, clearly describes and lists the procedures required to prepare the Recyclable Waste for Collection, and identifies the dates and times of Collection. C. Contaiaer Requirements. The Owner, Association or management entity of all properties zoned OFC, 1-2, I-5, I-Gen, C-Com, N-Cam, C-Reg, C-Reg-Ser, C- Hwy, TC shall provide containers for the Collection of Recyclable Waste and shall maintain the containers in a clean and sanitary condition. The containers shall be sufficient in number and size to meet the demands for recycling services created by the owners or tenants. The Owner, Association or management entity shall replace stolen or broken containers and purchase additional containers as needed. Containers shall be placed in a location on the premises which permits access for Collection purposes but which does not obstruct pedestrian or vehicular traffic and must comply with City Code Section 11.03, Subd. 3, L. D. Transportation and Disposal. Upon Collection Recyclable Wastes shall he delivered to a recyclable material processing center, an end market for sale or reuse, or to an intermediate Collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of Recyclable Waste in a solid waste disposal facility. Recyclable Wastes must be transported in a covered vehicle s❑ that the recyclables do not drop or blow onto any public or private property during transport. Section 6. Code Chapter 11, Section 11.03, Subd. 3 is amended by inserting a new subparagraph M,which follows M. Trash and Recycling. Implementation of a trash enclosure plan shall be required prior to issuance of any occupancy permit for a property located in zoning districts OFC, 1-2, I-5, I-Gen, C-Cam, N-Com, C-Reg, C-Reg-Ser, C-Hwy, and TC. This Section 11.03 Subd. 3, M is applicable to applicable to all properties which have been issued a building permit for new construction after the effective date of the ordinance. 1. Trash and Recycling Enclosure: All recyclable waste shall be kept within a completely enclosed building or within a trash enclosure constructed with face brick or natural stone to match the building with solid wood or metal gates that completely screen the interior of the enclosure. 2. Trash and Recycling Location: All trash,trash receptacles and recycling bins shall meet the setbacks for the underlying zoning district. Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation." and Sections 5.99, 9.99 and 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1$th day of May, 2010, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 151h day of June, 2010. K hleen Porta, City Clerk P U Young, Mayor PUBLISHED in the Eden Prairie News on the 241h day of June,2010. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE 10-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.36 REGARDING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 REGARDING STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE, RECYCLABLE WASTE AND SOLID WASTE; AMENDING CITY CODE CHAPTER 11, SECTION 11.03 REGARDING ESTABLISHMENT OF DISTRICT, SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99, 9.99 AND 11.99 WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 5, Section 5.36 of the City Code to require recycling services at commercial establishments; amends Chapter 9, Section 9.01 to require recyclable waste collection in commercial districts; and amends Chapter 11, Section 11.03 to require trash enclosure plans. Effective Date: This Ordinance shall take effect upon passage and publication. I ATTEST: Kat een Porta,City Clerk Ph' oung, Mayor PUBLISHED in the Eden Prairie News on dune 24,2010. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE Affidavit of Publication HENNEPIN COUNTY,MINNESOTA Southwest Newspapers MLNN SUMMARY OF ORDINANCE 10-2010 DNRPINUEOTEOOF EERAH ,M NSTA State of Minnesota AMENDING CITY CODE )SS. CHAPTER 5, SECTION 5.36 REGARDING LICENSING OF County of Hennepin COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 RE INGSTORAGE,DEPOSIT Laurie A. Hartmann, being duty swom,on oath says that she is the authorized agent of the ANDCOLL.ECT70N OF REFUSE, publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts YARD WASTE, RECYCLABLE herein stated as follows: WASTE AND SOLID WASTE; AMENDING CITY CODE (A)This newspaper has complied with the requirements constituting qualification as a legal CHAPTER 11, SECTION 11.03 newspaper,as provided by Minnesota Statute 331 A.02,331A,07,and other applicable laws,as REGARDING ESTABLISHMENT amended OF DISTRICT, SPECIAL REQUIREMENTSF MANGEAND 13 The printed public notice that is attached to this Affidavit and identified as No. PERFORMANCE STANDARDS; � } P � AND ADOPTING BY REFERENCE was published on the date or dates and in the newspaper stated in the attached Notice and sal CITY CODE CHAPTER 1 AND Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of SECTIONS 5.99, 9.99 AND IL99 the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both WHICH,AMONG OTHERTHINGS, inclusive,and is hereby acknowledged as being the kind and size of type used in th e com posi ti on CONTAIN PENALTY and publication of the Notice: PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, abcdefghUkl7By. yvxyz MINNESOTA, ORDAINS: This Ordinance amends tamer 5, Section 5.3B a1'the City Code to require recycling services at commercial Laurie A.Hartmann establishments;amends Chapter 9, Section 9.01 to require recyclable waste collection in commercial Subscribed and sworn before me on districts; and amends Chapter 11, Section 11.03 to require trash enclosure plans. Effective Date:This Ordinance + shall take effect upon passage and thisZ_]_day of ,20t0 publication. Phil Young,Mayor ATTEST: Kathleen Porta,City VIAME J.BARK Clerk 1 NOTABY PUBLIC-MINNESOTA (A full copy of the text of this Ordinance is available from City t� My Commission Expires 01�3112013 Clerk.) Ida ry ubiic (Published in the Eden PrairieNews on Thursday,Jime24,2010;No.3994) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Maximum rate allowed by law for the above matter...................---.........S31.20 per column inch Rate actually charged for the above matter...............................................$12.59 per column inch