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Home My WebLink About9B Garbage Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 12, 2016 AGENDA #: 9B PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE REVISING CITY CODE SECTION 601 RELATED TO GARBAGE AND REFUSE AND A RESOLUTION APPROVING A SUMMARY OF THE ORDINANCE AND ORDERING ITS PUBLICATION DISCUSSION: Introduction The Code Enforcement Officer in his annual report identified a number of ordinances that should be updated. The purpose of this agenda item is to consider approval of an ordinance amending the garbage and refuse section of the City Code to address the issues identified by the Code Enforcement Officer. Current Circumstances City Code Section 601 addresses garbage and refuse storage and disposal. The attached ordinance makes three main revisions: (i) revises the disposal of garbage and refuse language to clarify that every property must have garbage service except those properties that are rural or agricultural and over 5 acres; (ii) adding language regulating composting; and (iii) clarifying that the City may abate garbage and refuse issues as a public nuisance. ISSUES: The attached ordinance updates the regulations and procedures relating to code enforcement. FINANCIAL IMPACT: None. The ordinance provides clearer regulation for existing City Code provisions. ALTERNATIVES: 1. Motion and second to adopt the ordinance and the summary resolution as proposed. 2. Take no action or direct staff to make further modifications or conduct additional research. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-XX AN ORDINANCE AMENDING SECTION 601 OF THE PRIOR LAKE CITY CODE RELATING TO GARBAGE AND REFUSE, AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. Subsection 601.100 of the Prior Lake City Code is amended by inserting the following definition and placing all of the definitions in alphabetical order: Composting: The controlled microbial degradation of source separated composting materials to yield a humus-like product or mulch to be used as a soil amendment. 2. Subsection 601.504 of the Prior Lake City Code is deleted in its entirety. 3. Subsection 601.600 of the Prior Lake City Code is deleted in its entirety and replaced with the following: 601.600: Disposal Of Garbage And Refuse: No person shall dispose of garbage or refuse upon any property in the City except at an approved landfill site. An approved landfill site is a site for disposal of garbage and refuse approved and licensed by Scott County and operated in accordance with the rules and regulations of the Minnesota Pollution Control Agency. This subsection does not limit the disposal of garbage or refuse to sites in the County of Scott. 601.601 All properties within the City shall have compulsory garbage and refuse pickup. 601.602 Agricultural Rural Area Exceptions: Properties in rural or agricultural zoning districts which are five (5) acres or more are not required to have compulsory garbage and refuse pickup. 4. Subsection 601.900 of the Prior Lake City Code is deleted in its entirety. 5. Subsections 601.700 and 601.800 of the Prior Lake City Code are renumbered as 601.800 and 601.900 respectively and a new Subsection 601.700 is inserted to read as follows: 601.700 COMPOSTING: It is prohibited for any person to engage in Composting in a public, commercial, office or industrial zoning district without prior written permission from the City. It is prohibited for any person to engage in Composting in a residential or agricultural zoning district except when in compliance with all of the following: Page 2 of 2 601.701 Composting shall occur only within a fully enclosed container, which is no more than 120 gallons in size. The container shall be located and designed so that no seepage occurs. Composting containers shall be located at least five (5) feet from any rear or side property line; at least twenty (20) feet from any residential dwelling other than the dwelling on the property on which the container is located; and at least twenty (20) feet from any body of water or area designated as 100-year flood plain or state protected wetland. 601.702 PROHIBITED MATERIALS: The following materials shall not be used for Composting: uncooked meat, fats, oils, grease, bones, whole eggs, milk or other liquid dairy products, human or pet wastes, pesticides, herbicides, noxious weeds or any other mixed municipal solid waste that may cause a public health risk or create nuisance conditions. 601.703 Composting shall not occur in a manner that creates an odor or other public nuisance or in a manner that creates a fire or health hazard. 6. Subsection 601.1000 of the Prior Lake City Code is deleted in its entirety and replaced with the following: 601.1000: Enforcement And Enforcement Penalties: In enforcing the provisions of this Section, the persons identified in City Code Subsection 104.400 shall have the power to issue citations for violation of this Section in lieu of arrest or continued detention. In addition, City may abate any violation of this Section as a public nuisance. In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. Any person, firm, partnership or corporation who violates this Section shall be guilty of a misdemeanor and punishable in accordance with the penalties established by Minnesota Statute. Each day a violation is permitted to exist shall constitute a separate offense. 7. Penalty. City Code Section 103 entitled “Definitions” and Section 104 entitled “General Penalty” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 12th day of September, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor This Ordinance was published in the Prior Lake American on the 17th day of September, 2016. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 116-XX AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On September 12, 2016 the City Council adopted Ordinance No. 116-XX amending Part 6 of the Prior Lake City Code by amending Section 601 relating to Garbage and Refuse; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Part 6 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1.The recitals set forth above are incorporated herein. 2.Ordinance No. 116-XX is lengthy. 3.The text of summary of Ordinance No. 116-XX, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4.The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5.A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after September 17, 2016. PASSED AND ADOPTED THIS 12th DAY OF SEPTEMBER 2016 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ _____________________________ Frank Boyles, City Manager 2 Exhibit A SUMMARY ORDINANCE CITY OF PRIOR LAKE ORDINANCE NO. 116-XX AN ORDINANCE AMENDING SECTION 601 OF THE PRIOR LAKE CITY CODE RELATING TO GARBAGE AND REFUSE, AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 116-XX. The full text will be available for public inspection after September 17, 2016 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Part 6 of the City Code by amending Section 601 relating to garbage and refuse by revising language related to compulsory service, inserting language relating to composting, and revising the penalty section. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 12th day of September 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Summary published in the Prior Lake American on the 17th day of September, 2016.