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HomeMy WebLinkAbout4C, Approve Ordinance 2008-015 . _mEED Request for Council Action ~ Prepared By: Meagan Beekman, City Planner Council Meeting Date: November 24, 2008 Amendment to Section 660.05 of the City Code Regarding Garbage Can Storage Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: Recommendation: 1. Approve Ordinance 2008-015 in Planning Case 08-033 to amend Section 660.05 of the City Code regarding the storage and location of garbage, refuse, and recycling containers as described in the November 24, 2008, report to the City Council. 2. Motion to Approve Publishing a Summary of Ordinance 2008-015 for the Garbage, Refuse, and Recycling Container Ordinance as Permitted by Minnesota State Statute 412.191 Subd 4. ...........................................~OAA...-.-~~......~......~~___~.....OAA........~....~~..............................OAA.~........~~..-.......~.....................................~................................................................~............OAA........................................................................OAA......................................................................................................................................................OAA......................................"""'................................--....................................................................~............................................~_~..........~..~ Supporting Documents: 1. November 24, 2008, memo to the City Council 2. Section 660.05 - Black-lined Version 3. Ordinance 2008-015 4. Summary of Ordinance 2008-015 for Publication ~ ~HILLS MEMORANDUM DATE: November 24, 2008 TO: Mayor & City Council FROM: Meagan Beekman, City Planner SUBJECT: Planning ease #08-033 Garbage, Refuse, and Recycling Container Ordinance eity of Arden Hills ReQuest 1. Approve Ordinance 2008-015 in Planning Case 08-033 to amend Section 660.05 of the City Code regarding the storage and location of garbage, refuse, and recycling containers as described in the November 24, 2008, report to the City Council. 2. Motion to Approve Publishing a Summary of Ordinance 2008-015 for the Garbage, Refuse, and Recycling Container Ordinance as Permitted by Minnesota State Statute 412.191 Subd 4. Backf!round At their October 20, 2008, work session, the City Council directed staff to reexamine the City Code regarding the location and storage of garbage cans within the residential areas in the City. The City Council indicated that a more clearly worded and understandable regulation was desired, as well as one that would be more enforceable and reasonable in terms of where garbage cans could be stored on private residential property. The City Planner, Community Development Director, Building Official, and Code Enforcement Officer then worked closely together to review the existing ordinance and draft proposed amendments that are in keeping with the goals outlined by the Council at the work session. City of Arden Hills City Council Meetingfor November 24,2008 \ \Metro-inet.us \ardenhills\Planning\Planning Cases \2008 \08-033 Garbage Can Ordinance\112408 - CC Report - Garbage Can Ordinance. doc Page 1 of3 Discussion Staffhas prepared several proposed amendments to Section 660.05 of the City Code that , addresses the goals described by the City Council. The majority of these changes have been made within Subd. 1 of Section 660.05. These changes are described as follows: 1. The Term "Private Property" has been clarified to include private residential property. The location of containers on public and commercial property is dealt with elsewhere in the ordinance. 2. While containers can still be stored inside of an enclosed building, the option to store them in the side or rear yards, adjacent to a structure has been added. 3. Containers may not be stored in the front yard, forward of the principal structure. 4. In order to address comer and though lots, it has been added that, for the purpose of this regulation, the side of the property with driveway access to the public street will be considered the front yard. This would permit storage of containers on the street side of comer lots as long as they were adjacent to a structure. 5. The proposed changes also include that these containers may not be stored closer to the principal building of an adjoining lot than to the principal building on the lot where they , are stored. In addition to the changes proposed in Subd. 1, Subd. 2 were added to address the storage of containers located on public, property. The purpose of this subdivision is to allow for the stor~ge of refuse containers in public parks, and on other public land, in locations 'that are t,he most reasonable in terms of promoting their use, and thus encouraging the upkeep and cleanliness of the parks and other public areas. This addition reads as follows: Subd. 2. All garbage, refuse, and recycling containers located on public property shall be located as determined by the Public Works Director to promote efficient public use and maintenance of public property. Recommendation Staffrecommends approval Ordinance 2008-015 in Planning Case 08-033 to amend Section 660.05 of the City Code regarding the storage and location of garbage, refuse, and recycling containers as described in the November 24, 2008, report to the City Council. City of Arden Hills City Council Meetingfor November 24,2008 \\Ahdocsl\AH\AHdata\Planning\Planning Cases\2008\08-033 Garbage Can Ordinance\112408 - CC Report - Garbage Can Ordinance.doc Page 2 of3 Options 1. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, ".. .it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. If changes to Ordinance 2008-015 are made, those changes can be included with a motion to approve. In order to publish a summary of Ordinance 2008-015, a 4/5 vote of approval is required. The amended regulations do not go into effect until the day after they are published in the Bulletin, which would be December 3, 2008. Deadline for A!!encv Actions There is no deadline for the approval of this Planning Case Attachments A - Section 660.05 - Black-lined Version B - Ordinance 2008-015 C - Summary of Ordinance 2008-015 for Publication City of Arden Hills City Council Meetingfor November 24,2008 \ \Metro-inet.us \ardenhillsIPlanninglPlanning Cases 12008 108-033 Garbage Can Ordinance\112408 - CC Report - Garbage Can Ordinance.doc Page 3 of3 Attachment A Section 660.05 - Black-lined Version ~ ~HILLS November 24, 2008, City Council Meeting Section 660.05 - Black rLined Version 660.05 Containers and Placement of Containers. Subd. 1. Except as otherwise provided in this subdivision, all garbage, refuse, recyclable material, and other mixed municipal solid waste shall be kept in rust-resistant nonabsorbent and easily washable containers. Garbage and refuse containers shall also be watertight, equipped with a bailor handles, and covered with close-fitting lids. Insofar as practicable, all materials shall be drained of liquids and wrapped in paper or otherwise sealed in a bag or other container. Containers shall be provided in sufficient number to hold all garbage, refuse, recyclable materials, and other mixed municipal solid waste accumulating between collections. All containers shall be "'.'lashed and treated ",.T/ith a disinfectant as often as necessary to pre"'/ent a nuisance. All containers on private property.1 located in the R-l'l R-2'l or R-3 Districts.. shall be kept in the following manner: A. Containers shall be stored within an enclosed building, or ffi-a location \T{hich is properly screened to be as least conspicuous as practical from adjoining properties or pu,blic streets. in the side or rear yard adiacent to a structure. Containers shall not be stored in the front yard forward of the principal structure. For properties adiacent to more than one public street" the side of the property with driveway access to the public street shall be deemed the front yard. B. Containers shall not be stored closer to the principal building of an adioining lot than to the principal building on the lot where they are stored. C. All containers shall be washed and treated with a disinfectant as often as necessary to prevent a nuisance. D. Containers shall be kept in a tidy and orderly manner" with lids closed" and all refuse stored within. Subd. 2. All garbage" refuse" and recycling containers located on public property shall be located as determined by the Public Works Director to promote efficient public use and maintenance of public prope~y. Subd. ~. ~ When extra recycling materials do not fit in the containers provided, certain items may be placed outside of the containers. Cardboard boxes should be flattened and bundled, not exceeding three (3) feet in length and fifty (50) pounds in weight and placed next to the recycling container. Old newspapers or mixed paper should be bagged and set next to the recycling container. Subd. J 4. Tree cuttings shall be bundled, not exceeding three (3) feet in length and fifty (50) pounds in weight, and placed next to the yard waste container. Subd. ~ ~ Garbage collectors may charge an extra fee and distribute guidelines for excess materials that cannot be placed inside of the refuse container. Subd. ~ 6. Refuse from demolition or construction sites must be stored in roll-off containers or other refuse containers. These containers shall be kept clean, orderly, and in good condition so as to prevent a nuisance. Subd. ~ 7. Commercial, business, industrial, or other such establishments having refuse and/or recyclable material volume in excess of two cubic yards per week and all multi-family dwellings shall provide bulk or box type refuse storage containers or approved equivalent. These containers shall be so located as to be accessible to collection equipment and so as not to require an intermediate transfer. These containers shall be kept clean, orderly, and in good condition so as to prevent a nuisance. Subd. ~ 8. Refuse and recycling containers from single-family dwellings shall be placed at their assigned collection location the night before, or the day of collection. Containers shall be removed no more than twelve (12) hours after the scheduled collection day. Attachment B ~ ~HILLS Ordinance 2008-015 November 24, 2008, City Council Meeting ORDINANCE NO. 2008-015 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 2008-015 AN ORDINANCE AMENDING SECTION 660.05 OF THE CITY CODE REGARDING THE STORAGE AND LOCATION OF GARBAGE, REFUSE, AND RECYCLING CONTAINERS The Arden Hills City Council hereby ordains that Sections 660.05 Subd 1 shall be amended, Section 660.05 Subd. 2 shall be added, and subsequent subdivisions renumbered; to the Arden Hills City Code to read as follows: 660.05 Containers and Placement of Containers. Subd. 1. Except as otherwise provided in this subdivision, all garbage, refuse, recyclable material, and other mixed municipal solid waste shall be kept in rust-resistant nonabsorbent and easily washable containers. Garbage and refuse containers shall also be watertight, equipped with a bailor handles, and covered with close-fitting lids. Insofar as practicable, all materials shall be drained of liquids and wrapped in paper or otherwise sealed in a bag or other container. Containers shall be provided in sufficient number to hold all garbage, refuse, recyclable materials, and other mixed municipal solid waste accumulating between collections. All containers on private property, located in the R-l, R-2, or R-3 Districts, shall be kept in the following manner: A. Containers shall be stored within an enclosed building, or in the side or rear yard adjacent to a structure. Containers shall not be stored in the front yard forward of the principal structure. For properties adjacent to more than one public street, the side of the property with driveway access to the public street shall be deemed the front yard. ORDINANCE NO. 2008-015 B. Containers shall not be stored closer to the principal building of an adjoining lot than to the principal building on the lot where they are stored. C. All containers shall be washed and treated with a disinfectant as often as necessary to prevent a nuisance. D. Containers shall be kept in a tidy and orderly manner, with lids closed, and all refuse stored within. Subd. 2. All garbage, refuse, and recycling containers located on public property shall be located as determined by the Public Works Director to prqmote efficient public use and maintenance of public property. Subd. 3. When extra recycling materials do not fit in the containers provided, certain items may be placed outside of the containers. Cardboard boxes should be flattened and bundled, not exceeding three (3) feet in length and fifty (50) pounds in weight and placed next to the recycling container. Old newspapers or mixed paper should be bagged and set next to the recycling container. Subd. 4. Tree cuttings shall be bundled, not exceeding three (3) feet in length and fifty (50) pounds in weight, and placed next to the yard waste container. Subd. 5. Garbage collectors may charge an extra fee and distribute guidelines for excess materials that cannot be placed inside of the refuse container. Subd. 6. Refuse from demolition or construction sites must be stored in roll-off containers or other refuse containers. These containers shall be kept clean, orderly, and in good condition so as to prevent a nuisance. Subd. 7. Commercial, business, industrial, or other such establishments having refuse and/or recyclable material volume in excess of two cubic yards per week and all multi- ORDINANCE NO. 2008-015 family dwellings shall provide bulk or box type refuse storage containers or approved equivalent. These containers shall be so located as to be accessible to collection equipment and so as not to require an intermediate transfer. These containers shall be kept clean, orderly, and in good condition so as to prevent a nuisance. Subd. 8. Refuse and recycling containers from single-family dwellings shall be placed at their assigned collection location the night before, or the day of collection. Containers shall be removed no more than twelve (12) hours after the scheduled collection day. ORDINANCE NO. 2008-015 Effective Date. This Ordinance shall become effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 24th day of November, 2008. STANLEY D HARPSTEAD, MAYOR ATTEST: RONALD J MOORSE CITY ADMINISTRATOR Publication Date: December 3, 2008 Attachment C Summary of Ordinance 2008-015 for Publication ~ ~HILLS November 24, 2008, City Council Meeting CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2008-015 On the 24th day of November, 2008, the Arden Hills City Council adopted Ordinance No. 2008-015, and by at least four/fifths affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4, directed that a summary of Ordinance 2008-010 be published. Section 660.05 of the City Code and its Subdivisions are collectively known as Ordinance 2008-015, entitled "Garbage, Refuse, and Recycling Container Ordinance." The primary purpose of the amendments is to clarify the placement and storage of garbage, refuse, and recycling containers on private residential property and public property. A full copy of Ordinance 2008-015 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden- hills.mn.us.