1971-01-2612.
MINUTES OF THE MEi~TING OF JANUARY 26, 1971 st the Shir!~y Hills ~]chool
Mound ~ Minnesota
Present were :' Mayor Orval Fenstsd~ Councilmen John Andreasen, Eldo Schmidt~
Charles Peterson and Gordon .~wenson; and V~llsge Mamager Leonerd L. Kopp.
The council meeting was called, to order at 9:35 P.M. follo~,,~.ng a oublic meeting
about the oropose5 Solid ~.Jaste D_~ sposa! and gir, .~Joil and Water ?ol!utsnts.
Peterson moved the fo!!owime o~dirsnce and Andreasen seconded the ~o~ on
ORDINANCE NO
AN ORDINANCE ESTABLISHING STANDARDS FOR AND REGULATING
THE DISPOSAL OF WASTE AND CONTROLLING THE GENERATION
OF AIR, SOIL AND WATER POLLUTANTS
THE VILLAGE OOUNCIL OF THE VILLAGE OF MOUND ORDAINS:
S~TION 1:00. DEFINITIONS: Unless the context specifically indicates otherwise
the terms, phrases and words used herein shall have the following meanings:
A. AIR CONTAMINANT shall mean dust, fumes, mist, smoke, other particulate
matter, vapor, gas, malodorous substances, or any combination thereof.
B. AIR POLLUTION shall mean the presence in the outdoor atmosphere of one
or more air contaminants in such quantities and duration as is or tends to
injurious to human health or welfare, animal or plant life, or property, or would
unreasonably interfere with the enjoyment of life or property.
0.~ COLLECTOR OF GARBAGE AND REFUSE shall mean any person holding a valid
village license, who shall offer to, or engage in the collection of garbage ~d/
or refUse.
D. COMMERCIAL ESTABLISHMENT shall mean any premises where a commercial o~
industrial enterprise of any kind is conducted and shall include establishments
of non-profit organizations where food is prepared or served or goods are sol~.
E. ~24ISSION shall mean the release into the outdoor atmosphere of air con-
taminants.
F. GARBAGE shall mean animal and vegetable wastes resulting from the han41ing,
preparation, processing, storage, serving and consumption of food and shall aiso
iuclude all other animal wastes.
G. INCINERATION shall mean the process by which solid wastes are burned for
the purpose of volume and weight reduction.
H. LAND POLLUTION shall mean the presence in or on the land of any solid waste
in such quantity, of such nature and duration and under such condition as will
affect injuriously any public waters, create air contaminants, soil contaminants,
or cause air pollution.
I. MULTIPLE RESIDENCE UNITS shall mean any building comprised of more than two
dwelling units.
J. OPEN BURNING shall mean burning any matter whereby the resultant combustion
products are emitted directly to the open atmosphere without passing throughan
adequate stack, duct or chimney as established by the State Pollution Oontrol'Agency.
K. OBJECTIONABLE ODOR: An odor shall be deemed objectionable when it cOn-
stitutes a nuisance to a sampling of the people exposed to it and believe iti to
be objectionable in their Usual places of occupancy.
13. L. PERSON shall mean any individual, partnership, corporation, any organiza-
tion private or public, and any representative thereof.
M. PUTRESOIBLE MATERIAL shall mean solid waste capable of rotting and reach-
ing a foul state of decay or decomposition.
N. REFUSE shall mean putrescible and nonputrescible solid wastes, except
body wastes and garbage including, but not limited to rubbish, ashes, cans,
plastic containers, paper, cardboard, glass, crockery, wood, yard clippings,
leaves, Christmas trees, sod, soil, tires, rocks, household construction material,
cement and cement products, bricks, household furniture and appliances, or any
other household refuse or materials. The term refuse shall not include construc-
tion material or other waste or debris resulting from construction or reconstruc-
tion of buildings and other improvements or trees in excess of six (6) inches in
diameter.
1. CONTAGIOUS DISEASE REFUSE shall mean refuse such as, but not limited
to bedding, wearing apparel, or utensils from residential dwelling
units or other buildings where highly infectious or contagious dis-
eases are or have been present.
O. RESIDENTIAL ~ELLING UNIT shall mean any single building consisting of two
or less separate dwelling places with individual kitchen facilities for each. It
also includes any boarding house in a residential district.
P. SHALL is mandatory.
Q. SLUDGE WASTE shall mean inorganic waste in a semi-liquid state, excluding
toxic or hazardous waste, but including waste from automobile wash racks, steam
cleaning products, turbid waters from any source and similar non-noxious materials.
R. TOXIC AND HAZARDOUS WASTES shall mean waste material including, but not
limited to pesticides, acids, caustics, pathological waste, radioactive material,
flammable or explosive material and similar ha_~n~l chemicals and wastes which
require special handling and must be disposed of in a manner to conserve the en-
vironment and protect the public health and safety.
SEOTION 2:00. PREOOLLEOTION PRACTICES: The owner and/or occupant of any premises,
business establishment or industry shall be responsible for the confined storage
of all solid waste accumulated at that premise, business establishment or industry.
Grass clippings, leaves and other similar refuse shall be placed in bags or bun-
dles not exceeding four (4) feet in any dimension, securely fastened to avoid
spillage and of a weight to permit handling by one person. Household appliances
and furniture falling within the definition of refuse need not be so packaged.
Refuse shall be deposited at one place on the owner's or possessor's property at
ground level.
C. MULTIPLE RESIDENCE UNITS PRECOLLECTION STORAGE: Multiple residential units
shall either be equipped with refuse containers and refuse pickup service as herein
provided er be equipped with a commercial incinerator complying with the require-
ments of the Minnesota Pollution Control Agency. Refuse containers nrovided as an
alternative to or in addition to such incineration shall be at least'one (1) cubic
yard in capacity, shall be conveniently located in relationship to the residential
uniZs for which they are provided, shall be water-tight and rodent proof with self-'
closing lids and shall be kept in an enclosed structure concealing them from public
view. Such structure shall have a raised concrete floor and shall be surrounded by
a concrete barrier curb. Such structure shall be maintained in a neat and orderly
manner at all times. The refuse containers shall be located so that their contents
are inaccessible to a point at least two (2) feet above the base of the enclosing
structure. The owner or operator of such multiple residential property shall pro-
vide for garbage pickup from such containers each day. Refuse, debris garbage and
other waste materials shall not be permitted to be accumulated in or near the en-
closing structures except in the containers provided. There shall be daily cleanup
in and around each such enclosing structure.
A. GARBAGE: Garbage and similar putrescible waste shall have drained from
it all free liquids and wrapped or bagged before deDosited for collection.
1. No explosive or highly inflammable material shall be so deposited,
but shall be disposed of as directed by the Fire Chief at the ex-
pense of the owner or possessor thereof.
2. Contagious disease refuse shall not be deposited for regular col-
lection but shall be disposed of as directed by the sanitarian or
health officer at the expense of the owner or the possessor thereof.
B. CONTAINERS TO BE ?ROVIDEDAND~INTAINED IN SANITP~RY CONDITION: Storage
containers For garbage and refuse shall be provided by the owner, tenant, lessee,
or occupant of the premises and so situated as to prevent overturning. Such cbn-
tainers shall be of durable, Fire resistant, r~st resistant, nonabsorbent, wat~r-
tight, rodent proof, and cleanable material. Containers shall be of not more
than 52 gallons capacity, maintained in a clean and sanitary condition and kept
Free from any substance which will attract or breed Flies, mosquitoes, or other
insects. Containers shall be equipped with tightly fitted covers and bails or
handles to Facilitate handling.
DEFECTIVE CONTAINERS: Whenever a container is in such condition as!to
permit insects, vermin or rodents to enter, or has ragged or sharp.
edges or any other defect liable to hamper or injure the person col-
lecting the contents thereof it shall be replaced or the defect cor~
rected on or before the next collection day after notice has been
served on the owner or possessor of the container. The collector s~ll
notify the Village Administrative Officer in writing on forms f~rniShed
by that office. One copy of the notice shall be affixed to the defec-
tive container and serve as notice to the owner or possessor that re-
placement or correction of the deficiency must be made on or beForeithe
next collection date. Failure to comply with the notice shall subject
the responsible person to the penalties herein provided.
D. COMMERCIAL A}~ INDUSTRIAL PRECOLLECTION STORAGE: The owner or occupant of
~ny commercial or industrial establishment, or any other property which produces a
large volume of garbage or rei~se, or both, shall also comply with the provisions
}f Subsection C.
~ECTION }:00. STATE STATUTES iADOPTED BY REFERENCE: Minnesota Statutes, Sectioz
~?1.62, Air Pollution Controls and Rules, Regulations and Air Quality Standards i-
[5, inclusive of the Minnesota Pollution Control Agency are hereby adopted by
~eference and shall be as effective as if recited in f~ll. The Village Olerk skall
naintain on file three copies of said statutes, r~les and regulations marked,
'~official copy" for examination by the general public and shall f~rnish copies f
his ordinance and said rules and regulations at cost upon request.
ECTION 4:00. G~NERAL PROHIBITIONS:
1. No person shall dispose of within the territoria& land or p~blic water
limits of the village any garbage, rei~se, oils, bilge water, sludge wa te
or toxic and hazardous waste except in the manner herein provided.
2. No person shall discharge from any source whatsoever such quantities of
air contaminants, smoke or other material which causes injury, detriment,
nuisance or annoyance to a considerable-number of persons or to the public
or which endangers the comfort, repose, health or safety of any such pe~-
sons or the public or which causes or has a natural tendency to cause
jury or damage to business or property.
5- No person shall cause or permit the handling, use, transporting, or sto:~ge
of any material in a manner ~hichmay allow avoidable amounts of particu-
late matter to becomeiair-borne.
4. No person shall incinerate, either privately or commercially any combus-
tible materials in other than incinerators approved by the Ninnesota Pollu-
tion Control Agency.
9. No person shall cause or allow the open burning of any sweeping, trash,
lumber, leaves, grass, straw, paper, refuse, or other combustible materl.als,
except as provided herein.
6. No person shall cause to efi~se, emit or release into the atmosphere an:~
pesticides containing DDT, DDD (TDE), aldrin, dieldrin, endrin, heptachl.or
or lindane.
y. No person shall circumvent or use any device which conceals or dilutes ~n
emission of an air contaminant which will otherwise violate an air poll~ tion
regulation.
SECTION p:O0. OUTDOOR BURNII~G: No person shall wilf~lly burn or set fire to a~
grass, weeds, leaves or any other natural ground cover. Indoor and outdoor fir.~s
properly contained may be used for the cooking of foodstuffs, warmth, or recreational
~rposes without a permit, provided, however, that such fires shall not be used For
}urposes of refuse or garbage disposal and shall not violate this or any other ordi-
nance of the Village of Mound. The use of portable b8rbecues on
balconies of multiple dwelling buildings or within ten feet of any flammable
structure is hereby prohibited.
SECTION 6:00. OFFICIAL FIRES: Open fires may be set in performance of an offi-
cial duty by a public officer if officially determined necessary to abate any of
the following.
1. For the abatement of a fire hazard which cannot be otherwise feasibly per-
formed.
2. For the instruction of public fire fighters or industrial employees under
the supervision of the Village Fire Chief.
For the protection of public health or welfare.
4. For the disposal of dangerous materials when no alternate means of dis-
position is reasonably available and the act deemed necessary for the
well-being of the general public.
~ fires may be ignited by other than village officials or their authorized agents
only after securing a permit approved by the Village Council.
SECTION 7:00. LICENSING OF GARBAGE AND REFUSE COLLECTORS: No person shall engage
in the business of garbage or refuse coll?ction in the village without having first
obtained a license therefor approved b~ the Village Council.
A. Any person desiring a license shall make application to the Village Clerk.
The application shall accurately state the following: (1) Name of the owner of the
collection service. (2) The proposed charges for hauling garbage and refuse for each
size container or other schedule of charges to be imposed by the applicant. (3) The
application shall include a description of services to be rendered and a schedule of
pickups and proposed days of collection in different areas of the village, (4) a
description of each motor vehicle to be used for the service, including the license
number thereof; (5) the manner and kind of service proposed to be given the cus-
tomers; and (6) filing with the clerk of the billing dates and calendar periods
for which services are rendered and (7) a signed statement by the applicant that
he will collect and dispose of all garbage and refuse as defined herein.
B. LICENSE FEE: Each application shall be accompanied with a license fee of
$25.00 for the first vehicle and $10.00 for each additional vehicle to be used in
the village for garbage and refuse collection. Licenses shall be effective for
one calendar year from M~rch 1, except that if a portion of the license year has.
elapsed when the application is made, the license will be issued on a prorata fee.
In computing such fee, any unexpired fraction of a month shall be counted as one
month.
1. INSURANCE: No license shall be issued until the applicant files
with the Village Clerk a current policy of insurance covering all
vehicles~to be used by the applicant in conducting his business
within the village. The minimum limits for such insurance are (il
Each person injured, at least $100,000. (2) Each accident at least
$300,000. (3) Property damage Coverage of at least $25,000. SuCh
insurance shall be kept in force during the license period and shall pro-
vide for notification to the village prior to termination or cancellation
of said insurance. ~my license issued shall automatically be revoked at
the time of expiration or cancellation cf such insurance unless and until
other insurance is provided.
2. PERFORMANCE BOND: Before a license is granted the applicant shall furnish
to the village and deposit with the Village Clerk a certified performance
bond in the sum of $1,OO0 for each vehicle licensed, to be conditioned
upon the faithful performance by the licensee for all work entered into
or contracted for by the licensee and further conditioned upon compliance
with all the provisions and requirements of this ordinance and all appli-
cable sanitary rules and regulations.
16
;ECTION 8:00. COLLECTION VEHICLES FOR HAULING GARBAGE AND REFUSE: All persons
~uling or conveying garbage 0r refuse over the streets within the village shall
~se a vehicle so constructed,!!or equipped with adequate accoutrements and maintained
so as to prevent the escape of offensive odors and any of its load from being blown,
iroPping, sifting, leaking, or otherwise escaping therefrom. All such vehiclesishall
be kept in a clean and sanitary condition and as free from offensive odors as pos'
sible. Any vehicle customarily used for said purposes shall be thoroughly disin-
fected at least once each week unless the same has not been used since the last
disinfection thereof. Each vehicle, so used, traversing village streets, licensed
or not, shall be subject to inspection by the village at all reasonable times.
Each vehicle shall be equipped with a broom and scoop for use in the immediate re-
moval of arqv spillage.
Any vehicle for which a village license is applied, or which is already licensed shall
have clearly painted in letters of no less than four (4) inches in height in a color
visible both by day and by night, on the truck cab doors the name of the applicant or
licensee, the name of the owners, company, or corporation operating such truck, and
their address and telephone number. The license issued shall be kept in the truck at
all times.
A. OPERATING HOURS: Collection vehicles shall operate within the village Only
between the hours of 6:30 A.M. and 8:30 P.M. daily, except Sunday, on ~hich
day residential collection is banned.
B. OBLIGATION OF LICENSED COLLECTORS: A licensed collector shall diligently
perform his obligation to the village and customers in the manner provided
by this ordinance.
C. NO VESTED RIGHT: No person licensed pursuant to this ordinance shall g~in
a vested right in said license. The village may, upon finding that public
necessity requires, determine to establish another means of garbage or
refuse collection.
SECTION ~:00 PHYSICAL OR PROpERTY DAMAGE: Nothing in this act shall be construed
to abridge, limit, impair, create, enlarge or otherwise affect .s~bstantively or
procedurally the right of any. person to damages or other relief on account of injury
to persons or property and to maintain any action or other appropriate proceeding
therefor.
SECTION 10:00 SEPARABILITY: Every section, provision or part of this ordinanc~
delcared separable from every other section, provision or part; and if any
s,~ction, provision or part shall be invalidated, this shall not affect any other
s,~ction, provision or part.
SI~TION 11:00. PENALTIES: Anyi person violating the provisions of this ordinance
s~ll, upon conviction thereof, be subject to a fine of not to exceed $300.00, ori
i~prisoned for a period of not to exceed 90 days, or both.
S~ICTION 12:00. EFFECTIVE DATE: All persons required to be licensed by the termsi
this ordinance shall, withinJ thirty (50) days after publication, make applica-i
tion for said licenses and all Other provisions of the ordinance relating to saidi
ctntrol shall be in effect on and after Narhh 5~ , 1971.
Roll Os!! Vote
Andreasen Aye
Scbmidt Aye
Peterson Aye
i~wenson Aye
Fenstsd Aye
So ordaine~
]¸7
Andreasen moved and 3wenson seco'~ded a motion
BE IT MOViD, by the Village Council of 6he Vilta~e of Mound that the agenda
for this meeting be tabled ~_th the e×ception of items ], ~, 6,
7, !0 and the bills.
The vote was unanimously in favor, so carried.
HOLIDAYS
Peterson ~oved ~snd Schmidt seconded the mo%ion
~ 7qnT ~i'PTOTT ESTA ~T 2It~O C. T:~!C! ~,L l~ _~l~-" v~
Roll Call Vo6e
Andreasen Aye
Schmid% Aye
Peterson Aye
Swanson Aye
Fens %a d Aye
So resolved
LIBP~2IY o-~ ?
Paterson ~oved and ow,moon seconded the motion
AU ~!O2I,'~i~ .... pA~ T~ OV INCI{~]A3E IN
R~oOL'J[~ON ~{dE}'T ~Nn ~ ~ ..... OF BII~S ~ '4ESTONKA LI~',:~A Y
Ro!l Call Vote
Andreasen Aye
Schmidt Aye
Paterson Aye
Swanson Aye
Fenstad Aye
So resolved
V~ BOND
~ 'd
Andreasen moved sp.~t ~:~chmz t seconded the notion
^~'"~?~'~,,~P~ OF $3~OOO.OO
RESOL~N!ON 71-32 m~,~,~.~ -~
Rol_]. Call Vote
Andreasen Aye
Sckmidt Aye
Peterson Aye
Swanson Aye
Fens-bad Aye
So resolved
SIGN DEh;D
Zcbmid% raoved and ?h~renson secor:ded Lhe rao%i, on
R'Ec~OL~ TTON 7~-~q EL-3SOIiJT!ON AUT~ORtZIN(I ~.UtYOR AN2; ~,~l~,~R, TO
...... SIGN QUIT Ch%II'~ Di{',i~D TO OORRC3T Z!{P~OR ON
DZiiiD ON PART OV ~T ~2 '~'~ D
Roll Call ~ o~,e
Andres sen Aye
Sch~idt Aye
Paterson Aye
'~wenson Aye
Fenstad Aye
So resolved
~zr COk~iqqTO~~
...... "~ ....... .... COT]N'gIL
Fenstad novae and ~ndrease~ seconded the motion
~ESOI,UTiON 71-][
Roll Oall Vote
Andr .~asen Aye
$chmi dt .Aye
Paterson Aye
E~renson A -~ '
Fenstad 6ye
So re zolved
.... ~"~";z~ zON and ESTA~BLiSHIN'
~,.o MES~NG DATE
The mint, tea o? the me~-.ing of Januar.v 12, 1.971 were read. Andrsesen
SchmiSt seconded the ~ot~on %o acce~-~ the
- m~n,t'o~s o: the Jsn:tary 12~ 19'
as read. Th::~ vote wa~s unanfmously in favor~ so car~'ied.
The followin~ hi]] was mresented:
Adminis-bra ,+..!on Fund
Carl We ster].umd
Amdreasen moved amd Swanson seconded the motion
are available,
lP. O0
to nay the bill where
The vote was una~imoxsly in favor~ so car.ied.
CO;~Nmw eL~'CT -.,~,-' . 23rd
x, ION C? F[~B ?,tRY
Fenstad moved anf '~wensOn secopded tine motion
R ]SOLUTI_ON 71-3[
Roll Call Vote
Andreasen aye
Schmidt Aye
Peterson Aye
Swanson ~ye
F~nstad Aye
So resolved
seconded -the motion
Roil Call Vote
Amdreasen Aye
3cbmidt Aye
Pe~erson Aye
Swe ns on Aye
Fenstad a,Me
So resolved
Andr,~asen moved a~d Swenscn seco-oded a motion to adjourn until the meetims
.February 9, 1971 at 8:OO ~ .M. at the I :land Park Hall, Mound~ Hinnesota.
o,,~ was unan~ously in fa. vor~ so carried ard adjourned.
~ARK
wed and
'1 meeting
:nds
~]C TI ON
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