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5.5 PCSR 01-24-2017 Request for Action ToItem Number Planning Commission5.5 Agenda Section Meeting DatePrepared by Public HearingsChris Leeseberg, Senior Planner January 24, 2017 Item Description Reviewed by City of Elk River Zack Carlton, Planning Manager Ordinance Amendment relating to Dumpsters Reviewed by and portable storage containers in city right-of- way, Case No. OA 17-02 Action Requested Recommend, by motion, approval of the OrdinanceAmendment as proposed. Background/Discussion Panning staff and the Police Department get numerous calls a yea containers/pods, dumpsters, rock, soil, and pallets on public streetsand sidewalks. Currently, the ordinance does not address these requests. Many property owners do not want the heavy structures placed on their driveways or yards for fear they will damage the soil, or pallets of product such as sod, they also have the concern that heavy delivery trucks will damage their property. The city has the same concerns with their public rights-of-way, and who is responsible when a private property owner places these items in the public right-of-way and causes damage or anaccident with a vehicle or pedestrian? , At the September 19, 2016 work session, the City Council directed staff to draft an ordinance addressing these requests and concerns. Refuse Containers and Portable Storage Containers Reviewing standards of peer cities, many of them require a permi-of- way. Staff recommends implementing a permit process for limited reasons such as the necessity of immediate cleanup of solid waste or storage of personal property due to fire, flood, or other calamity or if the topography of the property, as determined by the city, prohis the placement of a container. The responsibility will fall on both the property owner/user and The language being proposed on the permit will state: The owner of a container is responsible for any private property gutter, boulevard, and/or public infrastructure damage as a resu and/or removing of the container. The user of a container is responsible for any private property, gutter, boulevard, and/or public infrastructure damage as a resu Materials Because of how construction and landscaping materials, wood, dirt, rocks, pallet substancesare delivered, handled, and extracted from the right-of-ways, staff is recommending that these items beprohibited tobe placed in a right-of-way, nor allowed with a permit. Landscaping materials such as boulders and decorative rock are dumped directly on pave, or other equipment, scoop them up with their bucket scraping against the pavement resulting in damage to the pavement. Definitions Staff is also recommending the addition of several definitions as they relate to the regulation of refuse containers, portable storage containers, and materials in public-of-way. Enforcement Staff is working with legal counsel on who will enforce this ordinance. Financial Impact None Council Meeting If acted on, this item will go to the February 21, 2017, City Council meeting. Attachments Proposed Ordinance Proposed Permit Language N:\Departments\Community Development\Planning\Case Files\OA\OA 17-02 Dumpster Regulations\4-Planning Commission\4.5 sr PC 1-24- 17.docx Strikethroughs to be removed Underlines to be added Ordinance17- ____ An Ordinance AmendingSection, 46-39,Performance Standardsof the City of Elk River, Minnesota, City Code The City Council of the City of Elk River doeshereby ordain as follows: SECTION 1.That §30-1, Definitions,of the City of Elk River Code of Ordinances shall read as follows: Dumpster means any portable container used or designed for collection of, disposal of solid wasteor the like. Dumpsters shall include, but is not limited to, rol-off containers, collection bins, and tubs. Portable storage container means a portable, weather- tight receptacle designed and used for the storage or shipment of household goods, wares, building materials, or merchandise. Refuse container means any portable container used or designed for collection, tr or storage of solid waste or personal property. Roll-Off container means a large metal container designed and used for the temporar refuse, rubbish, trash, garbage, junk, debris, offal, or any mat be thrown away. Such container is typically rented or leased to r occupants of property for their temporary use and which is typically delivered and removed Solid waste means all matter of useless, unwanted or discarded solid or semi commercial, industrial, institutional, construction and demolition waste material, including garbage and refuse. SECTION 2. That § 46-39, Regulation of Refuse Containers, Portable Storage Containers, an Materials in Public Right-of-way, of the City of Elk River Code of Ordinances shall read as follow (a)Purpose (1)The primary purpose of right-of-ways, public streets, and sidewalks is for use by vehicular and pedestrian traffic and other public utilities and services. obstructions in these public spaces are necessary to protect thealth, safety, and welfare of the general public. (b)Refuse and Portable Storage Containers (1)No person shall encumber or obstruct any right-of-way, street, alley, lane, ditch, gutter, sidewalk, fire lane, or public no parking area within the corpor the city with the placement of refuse and/or portable storage containers. Last Updated March 2014 Strikethroughs to be removed Underlines to be added (2)The Building Division may issue a Right-of-Way Obstruction Permit for placement of refuse and/or portable storage containers in a city right-of-way due to the necessity of immediate cleanup of solid waste or storage of personal property due to fi if the topography of the property, as determined by the city, pr refuse and/or portable storage containers on the permitted prope (c)Building and Landscaping Materials (1)Construction and landscaping materials, wood, dirt, rocks, palle substances are prohibited to encumber or obstruct any right-of-way, street, alley, lane, ditch, gutter, sidewalk, fire lane, or public no parking area within the corporate limits of the city. SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by law. st day ofFebruary, 2017. Passed and adopted by the City Council of the City of Elk River 21 ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk Last Updated March 2014 Staff will create a permit that reflects the information outline Right-of-Way Obstruction Permit (a)The Right-of-Way Obstruction Permit application shall specify the portion of thesidewalk, street, or other public ground to be used and the period for whi public ground may be used. (b)Dumpsters, Roll-Off Containers, Trash Containers, and Portable Storage Container(Container) (1)The permit shall be applied for, and signed, by both the refuse collector and the end user. (2)The permit shall be visibly placed on the side of the container facing the street. (3)The permit will be valid for thirty (30) days. (4)The owner of a container is responsible for any private property, public property, street, curb and gutter, boulevard, and/or public infrastructure damage as a result of the placement, positioning, and/or removing of the container. (5)The user of a container is responsible for any private property, public property, street, curb and gutter, boulevard, and/or public infrastructure damage utilizing the container. (6)The user of the container is also responsible to keep the area around the container free of debris. (7) Containers shall be: a.Supported at each contact point with protective devices to preventhe surfaces they are placed on. b.Marked with reflectors, reflective tape, or flashers on each corner or with six (6) reflective traffic cones. c.Well maintained and in good working condition. d.Securely covered when materials inside are easily airborne, emit otherwise offensive. (8)Containers shall not be: a.Placed closer than 30 feet to any fire hydrant, crosswalk, or traffic control sign/device. b.Placed in a designated fire lane or in public no parking areas. c.Placed on any sidewalk. d.Placed within 100 feet of a street intersection. (9)Refuse must be placed inside the container and not alongside or on top of it. (10)Debris and property may not extend past the sides of the container. (11)All containers are required to be emptied when full. Full is defined as when the contents of the container reach an average level of one foot below the top edge of the container sides. Any container which has reached the full status and is not emptied within seven (7) calendar days shall be considered in violation (12)No container shall contain any hazardous waste unless pursuant to a permit for such waste issued by the appropriate governmental entity. (c)Fees, Escrows, and Fines (1)Any permit fees, escrows, or fines pursuant to the provisions of this section shall be set by and amended, from time to time, by the City Council throu (d)Violations, Any violation of this ordinance is a misdemeanor. (1)Any violation to the permit is grounds for revocation of the escrow. (2)The City of Elk River may remove or have a container removed from the public right-of-way, if the container is in violation of this permit. (3)The owner of the container, or if the owner cannot be determinedson placing it in the public right-of-way shall pay all costs, fees, penalties or other expenses incurred by the city in removal, storage fees and disposal of any container and i contents. This includes any cost incurred by the city to restore the street, curb, boulevard, or sidewalk to its prior condition. (4)If the container is not claimed within 30 days, after being notified in writing, by its owner or person responsible for placing it in the public right-of-way, it may be disposed of as abandoned property, but disposal shall not diminish the responsibility of the owner or the person responsible for placing the container-of- way to pay all amounts due. (5)The city shall not release a container from storage until all amounts this section have been paid. (6)The city shall not be responsible for any damages to such contai accordance with the provisions of this Ordinance.