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Regular City Council Meeting Monday, July 13, 2009 Page 8 Mr. Pratt noted that Councilmember Ihlan had proposed additional Discussion, provided as a bench handout by staff, however, further noted that staff was not recommending those additional amendments to ensure that the City was not lim- ited in the intent and in their ability to enforce compost storage. Mr. Pratt advised that a property owner maybe storing brush or inappropriate materials on areas of their property, rather than transporting them off-site to free Ramsey County yard waste areas, creating concern for neighbors related to aesthetics, odor and/or ro- dents. Mr. Pratt advised that the draft ordinance was modeled after those of the Cities of St. Paul and Minneapolis, and had not prohibited residents to compost. Mr. Pratt assured Councilmembers, and the public, that staff did not monitor each and every compost container, but should they receive complaints, they would then determine compliance. Councilmember Pust expressed concern that the proposed location of a compost bin was only one foot, rather than five feet from a property line; and sought staffls rationale. Councilmember Pust proposed that, at the onset, the location be revised from one foot (to five feet. Mr. Pratt advised that the one foot provision was in the sample ordinances; and noted that, if managed properly, compost should not have an odor, and if it did, no matter where located, it was in violation. Discussion included sizes for compost containers and their construction dimen- sions; location of compost areas and materials; and whether proposed language was too restrictive. Councilmember Ihlan noted that her proposed language was to avoid being too re- strictive, and allowing residents to compost successfully without use of a con- tainer; advising that her sample language revisions were taken from a similar or- dinance in the City of Falcon Heights, and more indicative of larger lot sizes such as Roseville, rather than those smaller lots in Minneapolis and St. Paul, requiring more restrictive provisions. Public Comment Professor Carl J. Rosen Professor Rosen advised that previous discussion had addressed any comments he may include; however, noted that composting without a container may prove eas- ier and could be done successfully. Mayor Klausing clarified with City Attorney Scott Anderson whether any cur- rently existing compost sites outside proper containers could be considered as le- gal, non-conforming uses, making enforcement more difficult. City Attorney Anderson advised that such legal, non-conforming uses applied to the City's zoning ordinance, and that this was related to nuisance and health code enforcement and would not be applicable.