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.