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<br />Request for Action <br />ToItem Number <br />Planning Commission5.5 <br />Agenda Section Meeting DatePrepared by <br /> <br />Public HearingsChris Leeseberg, Senior Planner <br /> <br />January 24, 2017 <br />Item Description <br />Reviewed by <br />City of Elk River <br />Zack Carlton, Planning Manager <br />Ordinance Amendment relating to Dumpsters <br />Reviewed by <br />and portable storage containers in city right-of- <br /> <br />way, Case No. OA 17-02 <br />Action Requested <br /> <br />Recommend, by motion, approval of the OrdinanceAmendment as proposed. <br />Background/Discussion <br />Panning staff and the Police Department get numerous calls a yea <br />containers/pods, dumpsters, rock, soil, and pallets on public streetsand sidewalks. Currently, the <br />ordinance does not address these requests. Many property owners do not want the heavy structures <br />placed on their driveways or yards for fear they will damage the <br />soil, or pallets of product such as sod, they also have the concern that heavy delivery trucks will damage <br />their property. <br /> <br />The city has the same concerns with their public rights-of-way, and who is responsible when a private <br />property owner places these items in the public right-of-way and causes damage or anaccident with a <br />vehicle or pedestrian? <br /> <br />, <br />At the September 19, 2016 work session, the City Council directed staff to draft an ordinance addressing <br />these requests and concerns. <br /> <br />Refuse Containers and Portable Storage Containers <br />Reviewing standards of peer cities, many of them require a permi-of- <br />way. Staff recommends implementing a permit process for limited reasons such as the necessity of <br />immediate cleanup of solid waste or storage of personal property due to fire, flood, or other calamity or if <br />the topography of the property, as determined by the city, prohis the placement of a container. <br />The responsibility will fall on both the property owner/user and <br />The language being proposed on the permit will state: <br /> <br />The owner of a container is responsible for any private property <br />gutter, boulevard, and/or public infrastructure damage as a resu <br />and/or removing of the container. <br /> <br />The user of a container is responsible for any private property, <br />gutter, boulevard, and/or public infrastructure damage as a resu <br /> <br />