7.5 SR 05-16-2022Request for Action
To
Item Number
Mayor and City Council
7.5
Agenda Section
Meeting Date
Prepared by
Public Hearings
May 16, 2022
Zack Carlton, Community Development Director
Item Description
Reviewed by
Ordinance Amendment: Placement of
Cal Portner, City Administrator
Dumpsters, City of Elk River
Reviewed by
Action Requested
Adopt, by motion, an ordinance expanding the standards for the placement and duration of dumpsters, bag
dumpsters, and other rubbish containers.
Background/Discussion
Earlier this year, staff and Council discussed the city's nuisance ordinance as it relates to the placement of
bag/temporary dumpsters. The discussion stemmed from a handful of complaints which had proved challenging to
enforce due to a lack of clarity in the nuisance ordinance. Council directed staff to look to other communities for
best practices and to draft an ordinance that also clarifies the placement of traditional dumpsters while keeping
enforcement in mind.
The proposed ordinance requires dumpsters to be placed on an approved surface (pavement or gravel) and outside
of the public right-of-way. Dumpster location had been a discussion item in the past, and while our ordinance
provides guidance in Sec. 46-31, the proposed ordinance more clearly defines the approved locations. Additionally,
the proposal limits the timeline for dumpster placement to 30-days absent a building permit. Dumpsters placed in
support of an active building permit are exempt from the time limit, but not the location standard.
Financial Impact
None
Mission/Policy/Goal
Community Aesthetics and Beautification
Attachments
■ City Council Item and Minutes from January 3, 2022
■ Ordinance Amendment
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
Request for Action
To
Item Number
Mayor and City Council
10.3
Agenda Section
Meeting Date
Prepared by
Work Session
January 3, 2022
Zack Carlton, Planning Manager
Item Description
Reviewed by
Elk River Nuisance Codes
Cal Portner, City Administrator
Reviewed by
Action Requested
Discuss the current nuisance ordinances and direct staff to make updates that address changing needs of the Code
Enforcement division.
Background/Discussion
Code enforcement staff has been working with a property owner on two violations regarding materials kept outside.
The first violation letter was sent on August 31, 2021, and the attached violation summary shows regular site visits
and correspondence with the property owner.
The current challenge with the site is the presence of a Bagster used for disposal of some of the refuse originally
cited in the initial complaint. Staff has spoken with the property owner regarding removal of the Bagster, but the
owner has continued to add items over the last two months. Ordinance is clear on rubbish/junk left on a property
but is less clear when it is placed in a designated disposal container.
Staff has observed this same situation on numerous properties throughout the city over the past few years and they
include dump sters /containers left for storage along with the fabric sided Bagster dumpsters.
Would Council like to update the nuisance ordinance to place a time limit on dumpster placement? Specify locations
Restrict dumpster types? Include a permit?
Financial Impact
None
Mission/Policy/Goal
Maintain citizen quality of life.
Uphold community aesthetic standards.
Attachments
■ Code Enforcement History
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
M
TUREJ
Updated.• August 2020
File Summary Report: 21-002335
12/29/2021
Case Information:
Case M 21-002335
Address:
ll� IMI!
ELK RIVER MN 55330
Property Owner:
How Received:
Responsible User: Tim Trebesch
Approximate Location:
Description: Clutter/Rubbish
Legal Description:
Categories:
Status: Open Disposition:
Neighborhood:
Priority:
Open Date: 08/31/2021
Parcel Number: Sub -Division:
Close Date:
Type:
Citizens:
Name Home Address
Violations:
Open Date Code
Aug 31, 2021 30-934 (a) (2)
Aug 31, 2021 46-34 (a) (4)
Home Phone
Description , Status
Clean and Uncluttered Open
Landscape
Rubbish - Peace and Open
Safety
Business
Phone
Disposition
Association
Close Date
Chronological History:
Date Type User Activity Status
Date
Type User
Activity Status
Re -Inspection Tim Trebesch
Comments:
08/31/2021
Complaint Tim Trebesch
Complete
Comments:
Noticed violation when driving by
09/14/2021
Re -Inspection Tim Trebesch
Fail
Comments:
Re -Inspection
09/28/2021
Re -Inspection Tim Trebesch
Fail
Comments:
Re -Inspection - next step written warning
10/11/2021
Re -Inspection Tim Trebesch
Fail
Comments:
Requested written warning from PD. (Next step legal letter) 9/28/21.
(good progress leaf bags gone
and bagster started - follow-up in two weeks 10/11/21)
10/25/2021
Re -Inspection Tim Trebesch
Fail
Comments:
Received call from M discussed progress, extension, and written
warning10/13/21 - Progress
10/25/21 follow up in a month
11/29/2021
Re -Inspection Tim Trebesch
Fail
Comments:
Additional items added to bagster
12/22/2021
Re -Inspection Tim Trebesch
Fail
Comments:
Talked with =12/1, possibly gone end of next week 12/17 for sure. Set reinspection for 12/22.
12/28/2021
Re -Inspection Tim Trebesch
Fail
Comments:
Called to discuss bagster pick up, left v.m. 12/28/21
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City Council Minutes
January 3, 2022
• Number of levels
• Number of units in the facility
• Security/code access
• Number of employees
• Customer traffic
Councilmembers expressed some of the following concerns:
• Is location being considered appropriate
■ Buffering of neighbors
• Setting precedent for storage in other city locations
• Building height
Page 8
Ryan Kostreba stated their goal would be to maintain as much of the existing tree
line as possible but there would be some cleanup of the woods.
Council consensus to direct staff to move forward with an ordinance amendment.
Council suggested the applicants meet ahead of time with surrounding neighbors if
they get to a point of buying the property.
10.3 Elk River Nuisance Code
Mr. Carlton presented the staff report. He questioned Council's desire to regulate
soft -sided dumpsters.
Councilmember Christianson noted there are limited locations the garbage
contractors can access.
Council expressed the following:
• Check with other cities on their rules.
Distinguish between the two types of dumpsters.
• Need to be careful of the timelines/have a complaint process/typically have
used 14 days.
Resident needs to take care of the dumpsters, not city staff reaching out to
the contractors.
Council consensus was to direct staff to draft an ordinance amendment.
Pat Briggs wanted to clarify some of the discussion from Item 8.2 above. He stated
bringing in the additional grant application funding confused the matter. He stated
he is not looking for an open-ended funding source and would like to find a happy
medium where both sides are comfortable moving forward noting sometimes you
must increase or shrink a project based on funding.
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Ordinance 22 -
Stfikethfoughs to be removed
Underlines to be added
An Ordinance Amending Chapter 46, Section 46-34, Nuisances, 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 § 46-34 (a)(4), Public nuisances affecting peace and safety of the City of Elk
River Code of Ordinances shall be amended to read as follows:
(4) The depositing of garbage, trash, rubbish, bottles, cans and other refuse on a public right-of-
way or on private property.
a. Dumpsters bag dummpsters, and other rubbish containment containers (excluding staff
trash and recycling bins used in conjunction with normal household or business
operations) used for the disposal of gage, trash, rubbish, etc. must be located on a
paved or gravel surface and may not be placed within the public right-of-way.
b. Dumpsters bag dummpsters, and other rubbish containment containers are limited to 30-
days within a calendar year, unless being utilized in conjunction with an active building
permit for a temporary service such as a construction or remodeling project benefitting the
premises.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 16th day of May, 2022.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Last Updated Januaic= 2019