Loading...
7.5. SR 02-21-2017 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearings February 21, 2017 Chris Leeseberg, Senior Planner Item Description Reviewed by Ordinance Amendment Relating to Dumpsters and Zack Carlton,Planning Manager Portable Storage Containers in City Right-of-Way Reviewed by Cal Portner, City Administrator Action Requested Open the public hearing, take comments, and continue until March 20, 2017. Background/Discussion Panning staff and the Police Department receive numerous calls regarding the placement of moving containers/pods, dumpsters,rock, soil, and pallets on public streets and sidewalks,which is not addressed in ordinance. Many property owners do not want the heavy structures placed on their driveways or yards for fear they will damage their property. With the delivery of rocks, 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 public rights-of-way when a private property owner places these items in the public right-of-way and causes damage or an accident 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 permit to place obstructions in the right-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,prohibits the placement of a container. The responsibility will fall on both the property owner/user and the company supplying the container. The language being proposed on the permit will state: ■ 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. ■ The user 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 utilizing the container. Materials Because of how construction and landscaping materials,wood, soil,rocks,pallets, or other materials or substances are delivered,handled, and extracted from the right-of-ways, staff is recommending that these items be prohibited to be placed in a right-of-way,nor allowed with a permit. Landscaping materials POWERED 6T A IR such as boulders and decorative rock are dumped directly on pavement and then skid loaders, 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 right-of-way. Planning Commission The Planning Commission had questions relating to enforcement, such as who will enforce this and how much fines would be, and how to best ensure that any damage to public property would be repaired. Would this be best achieved through an escrow,bond, or certificate? One commissioner wanted to be careful not to put an undue burden on a resident already going through a tough time, such as a fire. Responses to these concerns are below. Enforcement This proposed ordinance would be added to Chapter 46 —Nuisance,where Code Enforcement Official and the Police Department typically enforce violations. Planning staff would work closely with both departments, as well as the Building Department to ensure compliance. The actual enforcement and citations would be issued by the Police Department. Permit Fees Staff is recommending a permit fee of$100 to cover building department administration fees and street department site inspection time to verify existing and final right-of-way conditions. This is the same fee we have for our street disruption permit. Escrow Staff understands the commissions concerns,yet pursuing a property owner and/or contractor after the fact for damages to the right-of-way could be difficult, time consuming, and costly. Having an escrow up front would make the property owner and/or contractor cognizant of potential damages to the street. Staff recommends an escrow of$500 to cover costs associated with right-of-way damage. This amount would cover most surface damages. Similar to our Land Use Case Escrows, the permit would indicate the property owner and/or contractor would be responsible for amounts above and beyond the $500. Permit Staff has attached the information that will go into the permit. The actual permit will be created after staff receives direction and approval from the City Council on this ordinance amendment. Financial Impact None Attachments ■ Ordinance ■ Proposed Permit Language i to be removed Underlines to be added City ofElk -m"' -� River Ordinance 17 - An Ordinance Amending Section, 46-39, Performance Standards of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That� 30-1,Definitions, of the City of Elk Ri e of Ordinances shall read as follows: Dunster means my portable container used or designed for collection of, transportation of, or disposal of solid waste or the like. Dumpsters shall include, but is not limited to,roll-off containers, Collection bins, and tubs. Portable storage container means a portable,weathertight receptacle designed and used for the storage or shipment of household goods,wares, building materials, or merchandise. Reuse container means any portable container used or designed for collection, transportation,disposal or storage of solid waste or personal property. Roll-Q#f container means a large metal container designed and used for the temporary storage of refuse, rubbish,trash, Varbage, junk, debris, offal, or any material rejected as useless and fit only to be thrown away. Such container is typically rented or leased to owners or occupants of property for their temporary use and which is typically delivered and removed by a truck. Solid waste means all a Iter of use ess, unwanted or discarded solid or semisolid domestic, commercial,industrial,institutional, construction and demolition waste material,including_garbage and refuse. SECTION 2. That § 46-39, Regulation of Refuse Containers, Portable Storage Containers, and Materials in Public Ri ht-of-way, of the City of Elk River Code of Ordinances shall read as follows: (a) Pur ose (1) The primarpurpose o.right-of-ways, public streets, and sidewalks is for use by vehicular and pedestrian traffic and other public utilities and services. Reasonable regulations of obstructions in these public spaces are necessary to protect the health, 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 corporate limits of the city with the placement of dumpsters,portable storage containers, refuse containers, or roll-off containers. P a N E R E R R Y Last Updated March 2014 11',maAfVR to be removed Underlines to be added (2) The Building Division may issue a Right-of-Way Obstruction Permit for placement of dumpsters,portable storage containers,refuse containers, or roll-off containers in a city right-of-way due to 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,prohibits the placement of dumpsters,portable storage containers, refuse containers, or roll-off containers on the permitted property. (c) Building and Landscaping Materials (1) Construction and landscaping materials,wood, soil,rocks,pallets, or other materials or substances are prohibited to encumber or obstruct any right-of-wad 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 a\21'tFebruary, s provided by law. Passed and adopted by the City Council of the City of Elk River thi2017. hn J. Dietz,Mayor ATTEST: Tina Allard, City Clerk P 0 w I R I D 0 Y Last Updated March 2014 litm§AfVR Staff will create a permit that reflects the information outlined below. Right-of-Way Obstruction Permit (a) The Right-of-Way Obstruction Permit application shall specify the portion of the street or other public ground to be used and the period for which the street or other public ground may be used. (30 day max) (b) Dumpsters, Roll-Off Containers,Trash Containers,and Portable Storage Containers (Container) (1) The permit shall be applied for,and signed,by both the refuse collector and the property owner utilizing the Container. (2) The permit shall be visibly placed on the side of e 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 property owner utilizing the Container is responsible for any private property, public property, street, curb and gutter,boulevard, or public infrastructure damage as a result of utilizing the Container. (6) The property owner utilizing the Container is esponsible to keep the area around the Container free of debris.i (7) Containers shall be: ......... a. Supported at each contact point with protective duces to prevent damage to the 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 an odor, or are otherwise offensive. e(8A tainers shall not be: Placed closer than 30 feet to any fire hydrant, crosswalk, or traffic control ign/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 horizontally 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 of this ordinance. (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 shall be set by and amended, from time to time,by the City,Council through resolution. (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 determined, the property, owner 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 its contents. This includes any costs 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 property,owner 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 in the public right-of- way to pay all amounts due. (5) The city shall not release a Container from storage until all amounts due have been paid. (6) The city shall not be responsible for any damages to such Container removed in accordance with the provisions of this Ordinance.