Loading...
HomeMy WebLinkAbout08/27/2019 Meeting••• •••• Apple II Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 August 27, 2019 URBAN AFFAIRS ADVISORY COMMITTEE TENTATIVE AGENDA 6:00 PM 1. Call to Order 2. Approve Agenda 3. Approve Minutes A. Approve Minutes of July 23, 2019, Special Meeting 4. Action Items A. Code Amendments Addressing Temporary Refuse Containers 5. Other Business 6. Adjourn l App Valil ley ITEM: URBAN AFFAIRS ADVISORY MEETING DATE: SECTION: 3.A. August 27, 2019 Approve Minutes Description: Approve Minutes of July 23, 2019, Special Meeting Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve minutes of special meeting of July 23, 2019. SUMMARY: The minutes of the special Urban Affairs Advisory Committee meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY URBAN AFFAIRS ADVISORY COMMITTEE MINUTES July 23, 2019 1. CALL TO ORDER The City of Apple Valley Urban Affairs Advisory Committee meeting was called to order by Chair Sharon Schwartz at 6:00 p.m. Members Present: Sharon Schwartz, Linda Blake, Sandy Breuer, Pamela Sohlberg and John Vegter. Members Absent: Ann Arens and Walton Mahlum. Staff Present: Planner/Economic Development Specialist Alex Sharpe and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Schwartz asked if there were any changes to the agenda. Alex Sharpe suggested the Committee discuss item 5.A.2 (Bagsters) before 5.A.1 (Census Update) to allow the Census speaker to arrive. MOTION: Breuer moved, seconded by Sohlberg, approving the agenda as amended. Ayes - 5 - Nays - 0. 3. APPROVAL OF MINUTES June 25, 2019. Chair Schwartz asked if there were any changes to the minutes. Hearing none she called for a motion. MOTION: Sohlberg moved, seconded by Vegter, approving the minutes of the meeting of June 25, 2019. Ayes - 5 - Nays - 0. 4. ACTION ITEMS None 5. OTHER BUSINESS A. Staff Updates A-2. Bagsters Alex Sharpe led the discussion on bagsters in the community. He provided photos supplied by staff as the City has been receiving complaints in neighborhoods about the removal of these bagsters. CITY OF APPLE VALLEY Dakota County, Minnesota Urban Affairs Advisory Committee Minutes July 23, 2019 Page 2 of 2 Discussion led to what types of materials are put in the bagsters, where they are purchased and what the time frame should be for removal. The ordinance should address bagsters placed in the right-of- way as well as on private property in yards. Mr. Sharpe said he would need to check with the City Attorney as to what language to use and how to address the removal. A-1. Update on Census Alex Sharpe introduced Jim Accurso from the US Census Bureau. Mr. Accurso is the Local Partnership Specialist in St. Paul. Mr. Accurso stated they are now in the process of checking the address lists in the area. They will need addresses up until April 1, 2020, and that should include the primary address as of that date. If people respond to the first contact request by phone or computer from the postcard that was sent to them, there would not be another follow-up to that address. If there needs to be additional follow- up to addresses, it would continue until the fifth and sixth stage after no response where a census worker would come to their door. The Committee thanked Mr. Accurso for attending and sharing the Census information. 6. Adjourn Hearing no further comments from the Urban Affairs Advisory Committee, Chair Schwartz asked for a motion to adjourn. MOTION: Vegter moved, seconded by Sohlberg to adjourn the meeting at 7:25 p.m. Ayes - 5 - Nays - 0. Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Department Assistant Approved by the Urban Affairs Advisory Committee on Sharon Schwartz, Chair ... .... •••• ..• l App Valil ley ITEM: URBAN AFFAIRS ADVISORY MEETING DATE: SECTION: 4.A. August 27, 2019 Action Items Description: Code Amendments Addressing Temporary Refuse Containers Staff Contact: Alex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department ACTION REQUESTED: The Urban Affairs Committee is asked to provide recommendations for staff and the City Attorney to draft code amendments to address temporary refuse containers. SUMMARY: The Urban Affairs Committee was previously introduced to bagsters, a temporary trash storage and removal device at their July 23, 2019 meeting. The City Council has tasked the Committee with providing direction on how to best address the concern that these temporary refuse containers are a nuisance when left in front yards, are contrary to other City trash ordinances, yet trash removal is encouraged as is remodeling, while still seeking to promote homeowners to renovate. Staff provided examples of past and ongoing cases, pertinent code sections, to allow the Committee to understand the scope of the issue, and how they may want to frame their recommendations. The Committee requested staff research surrounding communities, and consult with the City Attorney. The City Attorney advised that the Committee not provide specific code language changes, rather that they provide direction for the Attorney to draft the code to ensure it is enforceable. With this recommendation staff has compiled a list of potential issues the Committee can provide direction on, and the Committee is free to add or remove from the following: • Define temporary use of "bagster" o Staff recommendation - Temporary refuse receptacle/container • A time specific period where they are allowed o Example: 14 days, 30 days. • Determine proper site location o Example: outside of right-of-way and on private property o Not visible from neighboring property (note- dumpsters are not required to do this and the units do need to be removed by the trash hauler) • Define proper storage surface o Hard surface only, or permitted on grass? o City code definition of hard surface: ■ 155.378 B 1 - In single-family residential districts, any area intended to be used for parking spaces, driveways, storage of motor vehicles, or vehicle maneuvering areas shall be surfaced with concrete, asphalt or brick pavers. Pervious material may be permitted when approved by the city. Review of Neighboring City Codes Neighboring cities have not adopted specific codes to address this new use/product. However, many are utilizing their existing refuse codes to address the storage and removal of these containers. Some example codes are included in the Background section after the City of Apple Valley code references. BACKGROUND: Below are all code sections relating to refuse containers and storage. These are being included in the report as reference material for the Commission to provide their recommendations. City of Apple Valley Code References § 155.053 PERMITTED ACCESSORY USES. (E) Buildings, trailers, unscreened trash dumpsters, or portable storage units temporarily located on the subject lot only for the purposes of construction on the premises for a period of time not to exceed time necessary for such construction, or for the sale of new homes in a new housing development. Trash dumpsters shall be removed from the subject lot when full; § 94.17 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. (R) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; § 50.02 CONTAINERS; STORAGE AND LOCATION. (A) Specifications for keeping refuse in containers. The occupant of any private dwelling, the keeper or manager of any hotel, motel, restaurant, eating house or boarding house, or any building where meals are served, the owner of any flat or apartment house, trailer camp or auto court, and any other person having refuse or yard waste as herein defined, shall provide and keep on the premises sufficient containers for the storage of all refuse or yard waste accumulated on the premises between collections. Each container shall be watertight and shall be impervious to insects, rodents, vermin and absorption of moisture. All refuse and yard waste on any premises shall be stored in the required containers, except as the same may be consumed or disposed of on the premises as permitted. (`81 Code, § 11-2) (B) Storage of containers. (1) When not placed for collection as specified in division (C) below, the containers, as relates to single-family dwellings, may be stored in the rear of the premises, may be stored in the sideyard setback if screened from the street and adjoining properties, or may be stored within any structure located on the premises. Containers stored outside shall be maintained in such a manner as not to permit entry of or harborage for animals, insects, or other vermin. (2) All compost material must be confined to a container. Containers, used for the purpose of composting yard and compostable household waste, shall be located in the rear yard between the rear property line and the rear of the main structure and be no closer than five feet to any property line or 20 feet to a side lot line if adjacent to any public street right- of -way. (`81 Code, § 11-3) (Am. Ord. 519, passed 9-12-91) (C) Placing containers for collection of contents. During all days when collection is scheduled to occur, containers shall be accessible to the collector which means that the containers, as relates to residential and multiple dwellings having individual residential collection service, shall be placed at the curb or other location on the property for which collection is provided as agreed to by the customer and the licensed hauler. All refuse, including garbage , recycling, and yard waste placed at the curb for collection shall be permitted at the curb or other collection point no earlier than 6:00 p.m. of the night preceding collection day. At all other times, refuse, recycling and yard waste containers shall be stored in accordance with storage requirements stated herein. (`81 Code, § 11-4) (Ord. 440, passed 3-23-89; Am. Ord. 558, passed 7-22-93; Am. Ord. 751, passed 6-10-04; Am. Ord. 863, passed 6-11-09) § 50.07 REFUSE ACCUMULATION; NUISANCE. Any accumulation of refuse, recyclables or yard waste on any premises not stored in containers which comply with this chapter or any accumulation of refuse, recyclables or yard waste on any premises which has remained thereon for more than two weeks, is hereby declared to be a nuisance and the city, through its authorized employees, shall have the right to remove the materials from the premises, and to abate other nuisances mentioned in this chapter, to bill the owner or occupant of the premises for the cost of the removal and abatement and upon failure of the bill to be paid within 30 days, shall have the right to add the amount of the bill to the real estate taxes on the premises in the same manner as other unpaid charges for municipal utilities and services. (`81 Code, § 11-11) (Ord. 440, passed 3-23-89; Am. Ord. 538, passed 5-28-92) Neighboring City Code References Burnsville: (F) All private waste material, debris, refuse, garbage or materials not currently in use for construction shall be stored indoors, one hundred percent (100%) screened from the eye level view from public streets and adjacent properties pursuant to section 10-7-18 of this title, or be kept in covered trash containers. (Ord. 1316, 4-8-2014) Eagan: A. It is unlawful for any person to store garbage or refuse on residential dwelling premises for more than one week. All such storage shall be in watertight, metal or plastic containers of not less than five gallons with tightfitting covers, which shall be maintained in a clean and sanitary condition; provided, that yard waste may be stored in biodegradable bags, and tree limbs must be stored in watertight, metal or plastic containers of not less than five gallons with tightfitting covers or closable plastic or paper bags, and tree limbs must be stored in bundles weighing no more than 60 pounds and no longer than four feet. B. It is unlawful for any person to store garbage or refuse or recyclables on multiple dwelling premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that so called "dumpsters" with close fitting covers may be substituted. Lakeville: For detached single-family dwellings, waste and recycling receptacles not contained within principal structures shall be exempt from conformance with subsection B of this section, but shall comply with the following: a. Receptacles shall be located in side or rear yards, but not the side of a corner lot or rear yard of a double frontage lot abutting a public right of way. (Ord. 867, sec. 45, 5-17-2010) b. Receptacles shall be set back a minimum of five feet (5') from all property lines. (Ord. 888, 2-21-2012) BUDGET IMPACT: N/A