9.1. SR 03-20-2017City of
Elk —
River
Request for Action
To
Item Number
Mayor and City Council
9.1
Agenda Section
Meeting Date
Prepared by
Work Session
March 20, 2017
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Ordinance Amendment Relating to Dumpsters and
Zack Carlton, Planning Manager
Portable Storage Containers in Public Right -of -Way
Reviewed by
Cal Portner, City Administrator
Action Requested
Review, discuss, and provide direction to staff regarding obstructions within public right-of-way (ROW).
Why Amend the Ordinance?
The planning staff and the police department receive numerous calls each year regarding the placement of
moving containers/PODS, dumpsters, rock, soil, and pallets on public streets and sidewalks. State law
prohibits the obstruction of ROW. Staff has further concerns including damage to city infrastructure and
safe movement of vehicles and pedestrians. The council will need to approve a permitting process to
allow the obstruction of ROW.
Public Benefit of an Amendment
By regulating obstructions within the ROW, public safety is preserved by ensuring the road/sidewalk is
safely obstructed and infrastructure damage is repaired at the expense of the perpetrators, not taxpayers.
Background/Discussion
State statue X609.74 (2) states it is a misdemeanor to interfere with, obstruct, or render dangerous for
passage, any public highway or right-of-way, or waters used by the public. Public Nuisances Section 46-
31 (2) of the city code echoes the state statue. As it is today, no obstructions are allowed in highway or
city right-of-ways. The city has the ability to grant permits allowing temporary obstructions.
At the September 19, 2016, Work Session, the City Council directed staff to draft an ordinance
addressing staff concerns.
During the February 21, 2017, City Council meeting, the council questioned the need and costs for a
permit, enforcement, escrows, and duration. The council directed staff to research this further.
Staff contacted Andover, Big Lake, Cottage Grove, Inver Grove Heights, Maple Grove, Plymouth,
Ramsey, Red Wing, Rogers, Rosemount, and Shakopee. Of the 11 cities contacted, 8 responded. Of
those 8, 6 do not allow obstructions. The remaining two have some form of a "permit" to allow right-of-
way obstructions. The following chart summarizes the regulations for each of these cities.
P a w E A E U s r
NaA f RE]
Based on peer cities and the concerns the City Council has with the costs associated with
permits/escrows, duration, and public perception, staff recommends that containers /PODS, dumpsters
and other materials continue to be prohibited from being placed in right-of-ways and permits not be
issued.
Financial Impact
None
Attachments
■ Public Nuisances Section 46-31 (2)
■ State Statue §609.74 (2)
N
3-I
Temporary storage structures and construction dumpsters shall be
N
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0
0
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Enforcement
Based on peer cities and the concerns the City Council has with the costs associated with
permits/escrows, duration, and public perception, staff recommends that containers /PODS, dumpsters
and other materials continue to be prohibited from being placed in right-of-ways and permits not be
issued.
Financial Impact
None
Attachments
■ Public Nuisances Section 46-31 (2)
■ State Statue §609.74 (2)
Temporary storage structures and construction dumpsters shall be
Public Works if in
allowed in the front yard on an improved surface or in the side yard on
ROW. Zoning
an improved or semi -improved surface for a period of no more than 90
Big Lake
X
Administrator if
days per calendar year. A maximum of 180 days per calendar year may
more than 180 days
be approved by the Zoning Administrator. Under no circumstances
shall these structures be used for temporary living or working quarters
Ord. 2010-04,7/28/10).
5-9-4 (F) ROLL -OFF BOXES AND DUMPSTERS Roll -off boxes
Inver Grove Heights
X
and dumpsters shall not be located on streets or within the right of
wa r.
The `permit' amounts to a letter signed off by the public works director.
Maple Grove
X
No specific permit format.
City of Plymouth doesn't allow them placed in the right-of-way. Even
Plymouth
X
with on-site construction, they have to keep the dumpster in the front
yard.
Ramsey
X
Require the Private Use of Public Property (PUPP) permit for anything
Red Wing
X
Public Warks
that remains in the street for more than the 20 hour parking
restriction. This includes dumpsters, rolloffs, construction trailer, and
materials, etc.
Rogers
X
Public Works
Residential Streets: No commercial vehicles, trailer or equipment shall
be parked or stored in a rural residential or residential district except
when loading, unloading, or rendering a service, unless parked in a fully
Rosemount
X
enclosed, authorized structure. No utility trailer, boat trailer, or other
recreational trailers are permitted to be parked on a public street in a
rural residential or residential district between the hours of two o'clock
(2:00) A.M. and six o'clock (6:00) A.M. (Ord. XII.17, 2-20-2001; amd.
Ord.B-197 10-7-2008
Based on peer cities and the concerns the City Council has with the costs associated with
permits/escrows, duration, and public perception, staff recommends that containers /PODS, dumpsters
and other materials continue to be prohibited from being placed in right-of-ways and permits not be
issued.
Financial Impact
None
Attachments
■ Public Nuisances Section 46-31 (2)
■ State Statue §609.74 (2)
Sec. 46-31. - Generally.
Whoever by act or failure to perform a legal duty intentionally does any of the following is guilty of
maintaining a public nuisance, which is a misdemeanor:
(1) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety,
health, morals, comfort or repose of any considerable number of members of the public.
(2) Interferes with, obstructs, or renders dangerous for passage any public highway or right-
of-way or waters used by the public.
(3) Is guilty of any other act or omission declared by law to be a public nuisance and for which no
sentence is specifically provided.
(4) Permits real property under his control to be used to maintain a public nuisance or leases the
property knowing it will be so used.
(Code 1982, § 500.00)
Page 1
MINNESOTA STATUTES 2016 609.74
609.74 PUBLIC NUISANCE.
Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of
maintaining a public nuisance, which is a misdemeanor:
(1) maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health,
morals, comfort, or repose of any considerable number of members of the public; or
(2) interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or
waters used by the public; or
(3) is guilty of any other act or omission declared by law to be a public nuisance and for which no
sentence is specifically provided.
History: 1963 c 753 art I s 609.74; 1971 c 23 s 74; 1986 c 444
Copyright U 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
iver
Ordinance 17 -
to be removed
Underlines to be added
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.
Refuse container means anv portable container used or designed for collection_ transoortation_ 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
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 Right-of-way, of the City of Elk River Code of Ordinances shall read as follows:
(a) Pur ose
(1) The primary purpose ofTt-of-
ri
a
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.
Plltv'Af-
UR
9 W I R I D 0
Last Updated March 2014
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-way, street, alley, lane, ditch,
SECTION 3. That this ordinance shall take effect
law.
Passed and adopted by the City Council of the City of Elk River this 215`
Tina Allard, City Clerk
Last Updated March 2014
published as provided by
ebruary, 2017.
Dietz, Mayor
P a w E R E R R Y
UREI
Ordinance Amendment
City of Elk River
ver
Background
■ Initially —provide answer to inquiries
■ Past direction -was to allow with reflectors
■ Thought it was not addressed
■ Also started looking at:
■ Provide safe movement of vehicles and pedestrians
■ Prevent damage to city infrastructure
■ Explore permits
Background
■ Through this process
■ State Statue
■ City Ordinance
■ A misdemeanor to interfere with, obstruct, or render dangerous for
passa
,ge, any public highway or right-of-zvczy, or waters used by the
public
Background
■ Home owners concerned about private property damage
■ City staff has the same concern about public property
damage
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Peer Cities
■ 11 contacted — 8 responded
■ 6 do not allow them at all
■ 2 allow with a "permit"
Peer Cities E
o
(� Enforcement
Big Lake
X
Public Works if in
ROW. Zoning
Admini.strator if
more than 180 days
Inver Grove Heights
X
Maple Grove
X
Plymouth
X
Ramsey
Z
Red Wing
X
Public Works
Rogers
X
Public Works
Rosemount
X
Recommendation
■ Based on peer cities and
■ Concerns the council has with the costs associated with
permits/escrows, duration, and public perception
■ Staff recommends that containers and other materials
continue to be prohibited from being placed in ROW
and
0 Permits not be issued