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HomeMy WebLinkAbout2.d. R Parking/Storage and Waste Container Enclosure OrdinancesCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COMMITTEE OF THE WHOLE: JUNE 11th, 2003 AGENDA: REVIEW: RV PARKING /STORAGE AND AGENDA SECTION: WASTE CONTAINER ENCLOSURE ORDINANCES DISCUSSION PREPARED BY: CHARLIE O'BRIEN AGENDA NO: CODE ENFORCEMENT OFFICIAL - 2. Z. ATTACHMENTS: ORDINANCES, SUMMARIES, APPROVED BY: PREVIOUSLY PROPOSED AMENDMENTS, NEWS ARTICLE I '0_ I Council has requested a review of the RV storage /parking ordinances, and the waste container enclosure ordinance. The attached summaries, ordinances, previously proposed ordinance amendments and news article show the chronological evolution of the ordinances from December 2002. These ordinances were in effect for many years prior to the recent review and amendment process. In fact, current ordinance requirements represent a reduction in the costs incurred by residents or businesses as a result of the requirements for installation of RV storage surfaces and waste container enclosures. The waste container, waste enclosure, and waste hauler regulations were updated and amended to reflect changes in the waste management industry over the last decade. To strengthen existing regulation and provide regulation over emerging problems resulting from changing technology and types of wastes being generated by households and businesses today. The ordinances now provide regulation and controls for the service provider and the consumer while protecting public health. NOTES: ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE DECEMBER 12, 2001 Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on December 12, 2001, at 6:30 p.m. in the Band Room at the Rosemount Community Center, 13885 South Robert Trail. Mayor Busho called the meeting to order with Council members Klassen, Cisewski, Edwards and Riley. Also in attendance were City Administrator Burt, Community Development Director Parsons, Parks & Recreation Director Schultz, Police Chief Kalstabakken, Code Enforcement Official O'Brien and City Planner Pearson. RV Storage and Parking Ordinance O'Brien provided information to the Council on a draft ordinance to allow seasonal parking and a proposed revision to the ordinance on define parking surfaces. The Council was supportive to the changes on parking surfaces, which staff will present to the Council at a future work session. However, there was not consensus to move forward on amending the ordinance to allow seasonal parking. Staff was directed to keep track of properties that may have hardships. Animal Control Ordinance O'Brien present a comprehensive draft ordinance on animal control. Mayor Busho asked O'Brien to contact Dakota County Extension to get more information on area needs for horses. Staff will make changes and bring it back to Council at a future work session. Waste Management and Enclosures Staff identified a problem with the current ordinance that requires all commercial properties to have dumpster enclosures made from the same materials as the primary building. The problem is the hardship it presents to older commercial properties and staff suggested that wood or chain link with slates would be appropriate. Council agreed and directed staff to make the appropriate changes, and also check with haulers for standards on dumpsters so not to create other operational hardships to the haulers and businesses. The session on residential containers was discusses and Council asked staff to revise this session to follow current practice. Staff will make the changes and bring them back to a future work session. SKB Trust Fund Don Chapdelaine, representing the Trust gave a summary of all revenues and expenditures of the trust since it's beginning in 1993. A lengthy discussion ensued over the lapsed appointment of existing Trusties. Council questioned if they can continue to meet since their terms have expired and can the trusties continue to disburse funds. The Council also felt that once new trusties where appointed the trust should be reviewed. Staff was directed to ask the City Attorney to prepare a response to the following at the Council meeting on December 18 Clarify if the existing trusties could continue to distribute fund even if their terms had expired. Can the terms of the development agreement be renegotiated as part of the renewal of the IUP. What is the reporting responsibility of the trust? 1 J Town Pages, 12/14/01 Story relating to RV Ordinance changes. City will consider some changes to RV parking ordinances 1211412001 Matthew Perenchio, December Staff 14, 2001 writer Rosemount residents might not get much more leeway when it comes to parking their recreational vehicles. A Rosemount Committee of the Whole decided Wednesday night to not bring forward a seasonal parking amendment for a city ordinance. According to city ordinance 4.9:C, which was enacted Sept. 18, 1989, recreational vehicles - including boats, watercraft, ATVs, RVs, snowmobiles and trailers - cannot be stored outdoors unless the property is zoned agricultural or residential. Furthermore, in the residential districts, recreational the property is zoned agricultural or residential. Furthermore, in the residential districts, recreational vehicles can only be stored in the side yard or back yard. As a way to make is easier for residents to comply with the ordinance, the city relaxed the side yard setback on March 6, 2001, from 10 feet to five feet. City parking ordinance 8 -2 -2:1 was added, though, stating that all vehicles in the city must be parked on a paved surface. In the past, city staff has not had the manpower to enforce all building codes and ordinances. However, following two past city surveys that showed code enforcement as an important issue to residents, the city added the position of code enforcement official September 18, 2000. And now that the recreational vehicle and parking ordinances are being enforced, some residents - many previously unaware of the regulations - are not happy. At a Nov. 20 city council meeting that drew about 50 citizens, residents expressed their desire to have the ordinance changed. At the Dec. 4 city council meeting, council voted to take the issue to a committee of the whole meeting for discussion; from that, council members could decide what to bring before the city council, if anything. Charlie O'Brien, the current code enforcement official, submitted two ordinance changes to the committee Wednesday that he felt addressed some of the major issues he's encountered; some changes were based on citizen reaction, others based on lack of alternative storage space for recreational vehicles in the area. One change was for the parking ordinance. The ordinance already accepts concrete, bituminous and brick pavers as acceptable material on which to park a recreational vehicle. The amendment would allow decorative rock (class five) to also be accepted; edging and weed prevention mesh would also need to be added. O'Brien also submitted "seasonal" changes for recreational vehicle. ordinance 4.9:C, which would allow residents to park recreational vehicles in their driveway during specific times of the year: for the summer season, boats, personal watercraft, ATVs, RVs, camper trailers, slide -in camper units and the trailers or vehicles used to move them could be stored in the driveway from April through November; for the winter season, snowmobiles, ATVs and the trailers or vehicles used to move them could be stored in the driveway from October through April. While council members agreed to bring the parking ordinance changes to city council, there was no consensus to submit seasonal changes. Council member John Edwards was not in support of the seasonal changes. He said there would be too much interpretation by the residents, which would make enforcing the ordinance more difficult. "I don't think this needs to be changed," he said. "I appreciate the concerns of the citizens ... but unfortunately, we are going to feel the effects (if we change the ordinance). "We haven't even given this one year to see how it's going to work and we're already going to change it." change it." Council member Mary Riley was in favor of the changes. "(Recreational vehicles) need to be easily accessible for the season," she said. "It was imperative that we clean up the words. I think this is a fair compromise. Council members Sheila Klassen and Ena Cisewski both agreed that adding decorative rock as another option for a parking surface was a suitable solution for now. The changes to the parking ordinance will need to be approved at a city council meeting. Proposed Ordinance Amendment's Regarding; Recreational Vehicle Storage (4.9:C) And Parking Surface (8- 2 -2:I) 4.9:C Except as otherwise permitted in this ordinance; 1. R recreational vehicles shall not be stored outdoors in any but the "AG" and "R" Districts. 2. Recreational vehicles shall not be parked on public property, public right - of -way or the boulevard. 3. Recreational vehicles shall not be parked on the street between the hours of 2 a.m. and 6 a.m. a. Seasonal parking restrictions (8 -2 -2 C, 1 and 2) shall also apply. 4. Parking setbacks must be followed as designated by district. 5. This storage is limited to recreational vehicles owned by those residing on the premises. 6. Within "R" Districts, recreational vehicles shall not be stored in any portion of the front yard. a. Exception, Seasonal storag i. Recreational vehicles that have a traditional seasonal use may be stored in the driveway of a residence, as follows. ii. Recreational vehicles traditionally associated with "summer seasonal use may be stored in the driveway of a residence from April through November. This would include; boats, personal watercraft, ATV's, RV's, camper trailers, slide in camper units, and the trailers or vehicles used to convey them. iii. Recreational vehicles traditionally associated with "winter" seasonal use may be stored in the driveway of a residence from October through April. This would include snowmobiles, ATV's and the trailers or vehicles used to convey them. iv. Seasonal storage of RV's in residential driveways must not extend into the front yard setback, easements, or boulevard area. At no time shall RV's seasonal in driveways block public sidewalks or paths. Seasonally stored RV's must also meet the ordinance requirements for intersection sight triangle requirements at corners and intersections. 8 -2 -2:1 Parking Surface: All parking must be on a one of the followin surfacesz of 1. GConcrete, 2. 0ituminous, 3. bBrick pavers, 4 of „*hA,- M as appre ye b ,.;t., &t For RV parking only, in rear or side yards where district setback requiremen can b m a. Decorative rock, minimum class V (5), to a depth of two (2 ") inches with a commercial grade weed preventative mesh underlayment. b. Edging must be installed to prevent the rock fr om spreading from the designated parking area. c. The parking area must be the same size as the RV being stored and completely covered with the proper surfacing material. d. Decorative rock and the required we r�eventative mesh , underlayment, allowed for RV storage, must be continuously maintained to prevent weed growth and deterioration. (Ord. XR.17, 2 -20 -2001) CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COMMITTEE OF THE WHOLE: FEBRUARY 13, 2002 AGENDA: Proposed changes to RV storage and parking ordinances. AGENDA SECTION: DISCUSSION PREPARED BY: Charlie O'Brien, Code Enforcement Official AGENDA NO: ATTACHMENTS: Draft ordinances. APPROVED BY: SUMMARY: Re: Proposed ordinance amendments to RV storage and parking surface ordinances. Recent enforcement activity related to the storage of recreational vehicles has generated considerable public response. The ordinances relating to the storage and parking of recreational vehicles are long standing, with one recent change requiring a paved surface for all parking. Negative citizen response to the enforcement of these ordinances has been apparent at recent council meetings. At a previous Committee Of the Whole session Council directed changes to previous amendment suggestions. An amendment to allow for seasonal storage has been removed. The suggested depth of rock for RV storage has been increased to four inches (4 "). A clause allowing the temporary parking of RV's in front yard driveway areas for a twenty -four hour (24) period, to allow for loading and unloading, has been inserted. CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CITY CODE: PERTAINING TO THE STORAGE AND PARKING OF RECREATIONAL VEHICLES WITHIN THE CITY. It is the purpose of this ordinance to protect and promote public health, safety and general welfare. To regulate the orderly storage of Recreational Vehicles and the parking surfaces they are stored upon. To reduce the visual impact to neighborhoods caused by improper storage of Recreational Vehicles. To reduce or eliminate the encroachment on public right of ways, district setbacks, and the risks posed to pedestrian traffic caused by improper Recreational Vehicle storage near streets. THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. Rosemount Zoning Ordinance, section 4.9 :C and City Code, Section 8- 2 -2:I, text are amended as follows: 4.9:C Except as otherwise permitted in this ordinance; 1. Recreational vehicles shall not be stored outdoors in any but the "AG" and "R" Districts. 2. Recreational vehicles shall not be parked on public property, public right- of -way or the boulevard. 3. Recreational vehicles shall not be parked on the street between the hours of 2 a.m. and 6 a.m. a. Seasonal parking restrictions (8 -2 -2 C, 1 and 2) shall also apply. 4. Parking setbacks must be followed as designated by district. 5. This storage is limited to recreational vehicles owned by those residing on the premises. 6. Within "R" Districts, recreational vehicles shall not be stored in any portion of the front yard. a. Exception, 24 -hour loading storage; i. Recreational vehicles may be stored in the front yard driveway of a residence for a 24 -hour period for purposes of loading and unloading the vehicle. ii. Temporary, 24 -hour, storage of RV's in residential front yard driveways must not extend into the boulevard area. At no time shall RV's temporarily stored in front yard driveways block public sidewalks or paths. Temporarily, 24 -hour, stored RV's in front yard driveways must also meet the ordinance requirements for intersection sight triangle requirements at congers and intersections. 5 -2 -2:I Parking Surface: All parking must be on one of the following surfaces; 1. Concrete, 2. Bituminous, 3. Brick pavers, a. Exception: For RV parking only, in rear or side yards where district setback requirements can be met; b. Decorative rock, minimum class V (5), to a depth of four (4 ") inches with a commercial grade weed preventative mesh underlayment. c. Edging must be installed to prevent the rock from spreading from the designated parking area. d. The parking area must be of least equal in size to the RV being stored and completely covered with the proper surfacing material. e. Decorative rock and the required weed preventative mesh underlayment, allowed for RV storage, must be continuously maintained to prevent weed growth and deterioration. (Ord. XII.17, 2 -20 -2001) Section 2. This ordinance will become effective from and after its date of publication. Adopted this day of 2002. ATTEST: Linda Jentink, City Clerk Published this day of k -ULlly DUS110, 1VldyOr 2002 in the Rosemount Town Pages. CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION PLANNING COMMISSION: APRIL 9 2002 AGENDA: AMENDMENT TO SECTIONS 11. LE OF THE AGENDA SECTION: ZONING ORDINANCE RELATING TO WASTE STORAGE; PUBLIC HEARING AND SECTION 4.9:C RELATING TO THE STORAGE OF RECREATIONAL VEHICLES PREPARED BY: CHARLIE O'BRIEN, AGENDA NO: CODE ENFORCEMENT OFFICIAL ATTACHMENTS: ORDINANCE AMENDMENTS APPROVED BY: Summary; Extensive revision to the City Code sections 5 -1 -1: 5 -1 -2: and 5 -1 -3: have been written to update the Code related to the storage of generated wastes by residential, commercial, and industrial uses within the city. Drastic changes in the amount and type of generated wastes and how they are stored and handled, especially in the waste collection technology, have occurred in the last decade. Many waste enclosures that were erected within the city stand empty because the containers used for collection will no longer fit in them. Section 11.1:E of the Zoning Ordinance also deals with this issue. City Staff, and the City Attorney, recommend City Code as the primary place for these regulations because it will be more efficient for enforcement purposes. Enforcement of long standing ordinances related to the storage of Recreational Vehicles has produced much public interest and debate. In response to the public input and direction of Council amendments relating to the storage (4.9:C) and parking (8- 2 -2:I) of RV's have been made. The change in 4.9:C allows for temporary (24 hour) storage of RV's in front driveways of Residential Districts and will allow families a brief time to prepare and clean up their RV's for use. Recommended Action: A motion to recommend that the City Council adopt the amendments to Zoning Ordinance 11.1:E and 4.9:C. CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COMMITTEE OF THE WHOLE: FEBRUARY 13 2002 AGENDA: Proposed changes to waste container and waste enclosure ordinances. AGENDA SECTION: DISCUSSION PREPARED BY: Charlie O'Brien, Code Enforcement Official AGENDA NO: ATTACHMENTS: Draft ordinances. [ APPROVED BY: SUMMARY: Re: Proposed ordinance amendments pertaining to waste containers, storage of waste containers and waste container enclosures. Recent enforcement activity related to the maintenance, placement, and storage of receptacles for waste management has illustrated the need to update this section of city code. At a previous Committee of the Whole, a draft of this amendment was introduced and discussed. Council directed some changes to the draft. The requested changes have been made. A clause allowing the continued use of the recyclable container provided by the City, through Dakota County, has been added. This was necessary because the container does not have a lid. A clause dealing with the materials and sturdiness of the waste container enclosures has been added and reviewed by the Building Official. A clause stating when residents may place containers at the curb for collection and when they should be removed has also been inserted. CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING: 03/05/2002 AGENDA: Waste Container and Waste Enclosure Ordinances- 2 ° d Reading. AGENDA SECTION: CONSENT PREPARED BY: Charlie O'Brien, Code Enforcement Official AGENDA NO: ATTACHMENTS: Draft ordinance copy. APPROVED BY: SUMMARY: The proposed ordinance revisions related to the maintenance, placement, and storage of receptacles for waste management are necessary because of drastic changes in the handling and collection of wastes over the last decade. Multiple collection containers are now necessary as various wastes must be separated and placed for collection. There are also many more hazardous wastes being generated by the average household or business within the city. The size and method of handling waste containers for collection has caused many previously constructed waste container enclosures to stand unused while containers too large to fit within the originally designed and approved waste enclosure stand outside in open lots. The intent of these changes is to protect the public health and safety as they relate to waste management and collection. This can be accomplished by reducing the availability of wastes as a food source to rodent and vermin populations and preventing pollution and contamination by poorly designed and used waste containers and waste container enclosures. NOTES: Second Reading. CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. XIV.21 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND` CITY CODE: PERTAINING TO THE STORAGE AND DISPOSAL OF WASTES, WASTE CONTAINERS, AND WASTE CONTAINER ENCLOSURES. It is the purpose of this ordinance to protect and promote public health, safety and general welfare. To regulate the orderly storage and disposal of wastes generated by residential, commercial and industrial uses that may provide harborage and a food source for rodents, insects, and other vermin. To reduce or eliminate objectionable odors and the spread of trash and debris which are not properly contained. To prevent the pollution and contamination of groundwater and the land during the storage of generated wastes. THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. Rosemount City Code, Sections 5 -1 -1: 5 -1 -2: 5 -1 -3: and Zoning Ordinance 11.1:E text are amended as follows: 5 -1 -1: New Definitions: Waste Container: Any container designed and used to contain or store solid waste, recyclables, yard waste, liquid waste, or hazardous wastes until the time of weekly collection. Enclosure: The required area for storage of waste containers between the times of weekly collection. This area must conform to the requirements of 5.1.3:A.4. Solid Waste: Any solid waste produced and stored for collection by any residential, commercial, institutional or industrial use and stored until the time of weekly collection. Recyclables: Any solid waste product such as glass, plastic, and certain metals which are routinely collected and processed for recycling, which are stored until the time of weekly collection. Yard Waste: Any waste normally generated in the maintenance of yards and property such as, grass clippings, leaves, twigs, branches, brush, which is not composted in a manner conforming to ordinance or regulation but stored until the time of weekly collection. Liquid Waste: Any waste product, which exists or is produced, in a liquid form and stored until the time of weekly collection. Hazardous Waste: Any waste product, whether solid, liquid, or gas, which is designated as a hazardous waste product by Federal, State, County, Municipal, or any regulatory agency that is produced and stored until the time of weekly collection. ORDINANCE XIV.21 5 -1 -2: DISPOSAL REQUIRED: It shall be unlawful for any resident, tenant, property owner, or business owner to fail to dispose of solid waste, recyclables, yard waste, liquid waste, or hazardous wastes, which may accumulate on property owned or occupied for residential, institutional, commercial, or industrial use in a sanitary manner at least office each week. 5 -1 -3: CONTAINERS, REQUIREMENTS: A: Use Required, Description: 1. All solid waste, recyclables, yard waste, liquid waste, and hazardous waste accumulating between the times of collection shall be placed in tightly closed containers specifically designed for such purpose. a. Exception. The recyclable container provided through the city may be used to store and place recyclables at the curb for collection. 2. Every resident, tenant, property owner, business owner or occupant of any dwelling house, boarding house, restaurant or any place of business producing solid waste, recyclables, yard waste, liquid waste, or hazardous waste to dispose of shall provide for the disposal of such waste in a sanitary manner which complies with all related Federal, State, County and City laws or regulations, and shall provide one or more tightly covered containers specifically designed for proper solid waste, recyclables, yard waste, liquid waste, or hazardous waste storage sufficient to receive all solid waste, recyclables, yard waste, liquid waste, or hazardous waste which may accumulate between the times of collection. 3. All waste containers shall be kept in an enclosure that meets the requirements of subsection 4, until the day of scheduled pickup. a. Waste containers may be placed at the curb for collection the evening before the scheduled day of collection and must be removed from the curb area and stored as required on the evening of the day of collection. b. Exception. This section shall not apply to waste containers setout by the City for public use. 4. Enclosures shall meet the following criteria. a. Screening. All residential structures with more than two (2) units, and all commercial, industrial, and institutional uses shall provide a screened enclosure for required waste containers for solid waste, recyclables, yard waste, liquid waste and hazardous wastes. Such enclosures shall completely conceal stored waste containers from all sides and be designed in such a manner as to contain any spillage from the containers. 2 ORDINANCE XIV.21 b. Single and double residential dwellings shall store waste containers inside of a garage, or in a side or rear yard behind the front line of the house until they are placed for collection as provided in this ordinance. c. Materials. i. In all new construction, enclosure materials shall be similar to the principal building. ii. Existing properties may use such materials as wooden fencing, or chain link with 85% opacity inserts, but such materials must be maintained to provide a good appearance. iii. All enclosures shall be constructed in a substantially sound manner of materials that reduce normal deterioration from weatherizing. The enclosure's construction shall support snow load and wind load as required by state building code, and all materials shall be properly anchored. Further, all enclosures shall be constructed and maintained in a safe, orderly condition. iv. Any enclosure which is defaced, deteriorated, improperly maintained or otherwise altered from its original pennitted condition shall be repaired or replaced upon written notice by the City. d. Size. Enclosures shall provide sufficient space for required waste containers for solid waste, recyclables, yard waste, liquid waste, hazardous wastes, and any other waste container that is intrinsic to the operation of a business on the premise. In no case shall the enclosure exceed 600 square feet in area. e. Location. i. Enclosures shall be located behind the front building line of the principal building (as extended to the side lot lines). ii. Enclosures may be integrated into a building if approved by the Building Official. iii. Enclosures shall be set back 10 feet from the lot line of any abutting residential property. f. Landscaping. Enclosures shall be landscaped in accordance with city regulations. g. Flooring. Enclosures shall have flooring constructed of concrete or bituminous material. h. Access. Enclosures shall provide access that will facilitate efficient storage and removal of waste materials in all seasons. 3 ORDINANCE XIV.21 5. Penalty. Any violation of the sections relating to the screening or storage of waste containers, solid waste, recyclables, yard waste, liquid waste, or hazardous waste shall be guilty of a misdemeanor under this ordinance. a. Exception. The application of the misdemeanor penalty for violation of the storage and screening of wastes and waste containers under city ordinance shall not preclude or hinder any penalty additionally applied by any other regulatory agency. 11.1: E. Wastes. All waste storage shall comply with sections 5 -1 -2: and 5 -1 -3: of the City Code. Section 2. This ordinance will become effective from and after its date of publication. Adopted this 7 th day of March, 2002. ATTEST: Linda Jentink, City Clerk Published this day of 2002 in the Rosemount Town Pages. 4 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COMMITTEE OF THE WHOLE: TUNE 12 2002 AGENDA: Proposed changes to waste collection and storage AGENDA SECTION: ordinances as they pertain to waste haulers, developers, and DISCUSSION construction crew responsibilities. PREPARED BY: Charlie O'Brien, Code Enforcement Official AGENDA NO: ATTACHMENTS: Draft ordinances. APPROVED BY: SUMMARY: Re: Proposed ordinance amendments. Recently we have reviewed and amended the requirements for waste storage; containers, and enclosures as they relate to property owners and their responsibilities. This follow up proposal defines the responsibilities of waste haulers, construction crews, and developers in the storage of wastes, use of containers, and manner of collection of wastes. These proposed amendments would allow us to take action against businesses that violate the good practices we have established for property owners. Including a hearing process that would allow modification, suspension, or revocation of certain associated licenses, or permits by Council action. CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING: 08/06/2002 AGENDA: Amendment to Waste Hauler ordinances. AGENDA SECTION: Consent PREPARED BY: Charlie O'Brien, Code Enforcement Official AGENDA NO: ATTACHMENTS: Draft ordinance APPROVED BY: :. These proposed amendments are a follow up to the recent amendments to the requirements for waste storage, waste containers, and waste container enclosures as they relate to property owners. This follow up proposal defines the responsibilities of waste haulers, construction crews, and developers in regard to the storage of wastes, use of containers, and manner of collection of wastes. These proposed amendments would allow the city to take action against haulers, developers, or construction crews who violate the good practices we have established for property owners via a hearing process that would allow modification, suspension, or revocation of certain associated licenses and permits by Council action. Recommended Action: Second reading, adoption by consent. CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. XIV.22 AN ORDINANCE AMENDING THE CITY CODE SOLID WASTE: COLLECTOR REQUIREMENTS THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. Rosemount City Code Section 5 -1 -7, paragraph D.5 is amended and paragraphs D.6, D.7 and D.8 are added as follows: 5 -1 -7 D. Collector Requirements: Each licensed collector shall: 5. Collection of waste and recyclable materials by refuse haulers. Haulers shall conduct collections as follows: a. West of Akron Avenue collection may occur only on Monday or Tuesday. b. East of Akron Avenue collection may occur on any day of the week. 6. Hours of collection; Haulers shall conduct collection as follows: a. Monday through Friday 6:00 a.m. to 8:00 p.m. b. Saturday, from 6:00 a.m. to 8:00 p.m. c. Sunday, from 8:00 a.m. to 6:00 p.m. 7. Hauler responsibility: Placement of waste containers and mandatory use of enclosures. Haulers shall conduct collection as follows: a. Haulers shall place all waste containers within the specific enclosures provided for waste containers as required by City Code Sections 5 -1 -2 and 5- 1 -3. 1) No waste containers may be placed or delivered that are in violation of City Ordinance. 2) No waste, containers may be placed within the driving or parking lanes of public streets, roads, or highways. 3) Exceptions: a.) Waste containers, or pens, on construction sites need not be screened and containers for waste may be placed on construction sites without an enclosure. However; i.) The container or pen must be set back five feet (5') from any abutting finished residential or commercial property lot line. ii) Waste containers and pens on construction sites may not be placed in violation of the twenty -five (25') foot sight triangle at intersections. ORDINANCE XIV.22 b), Developers, builders, or contractors on site are responsible for maintaining the container or enclosure at a construction site to prevent trash, refuse, and debris generated by the building project from spilling, blowing, or in any way escaping from the containers or pens required to contain it. c.) Haulers will clean up any spillage of waste that occurs while they are collecting and transferring waste. d.) Haulers will close and secure the gates of all waste container enclosures when finished collecting and transferring waste from any location with an enclosure. 8. Failure to comply with the regulations under this chapter for haulers, containers, enclosures, or pens at building sites is a misdemeanor and in addition the Hauler's licenses or permits for building sites may be suspended or revoked. a. Revocation or Suspension Hearing: The council may consider revocation or suspension of licenses or permits following a hearing. Notification of this hearing may be hand delivered by staff or mailed. This notification must be mailed five (5) days prior to the hearing or hand delivered at least forty -eight (48) hours before the time of such hearing. The notice should include the date, time, and nature of the violations and copies of any documentation or reports regarding the violation. 1. Haulers with more than three violations of these regulations within a one -year period will be required to appear before the Council for a review of the violations. Council may revoke, suspend, or attach additional conditions to Hauler's license. 2. Developers, builders, or contractors with more than three violations of these regulations within a one -year period will be required to appear before the Council for a review of the violations. Council may revoke, suspend, or attach additional conditions to the permits of the developer, builder, or contractor. Section 2. This ordinance will become effective from and after its date of publication. Adopted this 6th day of August, 2002. Cathy Busho, Mayor 2 ATTEST: Linda Jentink, City Clerk Published this day of _ ORDINANCE XIV.22 _ , 2002 in the Rosemount Town Pages.