4.3. SR 08-24-1998ity of
iver
Item #4.3.
MEMORANDUM
TO:
FROM:
DATE:
Mayor & City Cou [n~,
Pat Klaers, City A~d~rator-
August 24, 1998
SUBJECT: Victoria Lane Overlay and Trucking
Activity
Per the City Council's request, the Victoria Lane situation is on the agenda
for discussion. All property owners have been notified of this meeting date
and time. The discussion topics are anticipated to include the posting of the
road as a 5 Ton maximum, the overlay project this fall, and the placement of
a driveway off of County Road 32 onto the Martin property.
Also anticipated to be discussed at this meeting is the housing of semi
tractors and trailers in residential areas. This activity is regulated in the
city's public nuisance ordinance. The City Council has not had an
opportunity to review the entire semi tractor/trailer issue, but this
opportunity will be forthcoming. Attached for your information is a memo
from Environmental/Code Enforcement Officer Laurie Mezera-Kerr
regarding her research into this issue. As I have previously noted, this is
guaranteed to be an emotional topic when it is looked at on a city-wide basis
as we will be impacting lifestyles and the current way a number of citizens
operate their independent trucking business.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
ity of
River
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor & City Council
Laurie Mezera-Kerr, 1~3~ ~_~
Environmental and Code Enforcement O
August 24, 1998
Semi Tractor Ordinance
At the June 1, 1998, council meeting I spoke with you about several reoccurring
nuisance cases. During that meeting, I was directed to research other communities'
nuisance codes and enforcement policies. Since that time, I have prepared a draft
document presently being reviewed by staff and the City Attorney. This document
in its entirety will be available to the Council later this fall. However, due to
requests from the public, one section of the code concerning semi-tractor trailers is
being brought to your attention earlier than anticipated.
As you know, several complaints from Victoria Lane residents have been filed
regarding a local trucker. The basis of these complaints pertain to noise, fumes,
road wear and safety. Both the tractor and the trailer are permitted at this location
because it is zoned R-lA. No other complaints regarding the operation of semi-
tractor trailers in residential areas have been filed with the City within the last
year. However, several noise and odor complaints have been received concerning
two trucking companies in the City. (One in an I-1 district and the other in a C-3,
both companies in close proximity to residential areas.)
A survey of cities:
The following nine Minnesota cities were contacted regarding this issue:
Alexandria, Blaine, Brooklyn Park, Eden Prairie, Ham Lake, Lakeville, Long
Prairie, Maple Grove and Rosemount. Of the cities surveyed, six do not permit
semi-tractors or trailers in any residential areas. Three cities allow the tractor with
conditions placed on screening, noise and/or inside storage.
Current Conditions:
The nuisance code dealing with semi-tractor trailers makes a distinction between
the tractor and trailer, as well as public and private property (see Table I listed
below). Under the current code, semi tractors may be parked on private property in
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
all residential and A-1 districts. However, tractors and/or trailers may not be
parked on public property in residential districts.
Table 1.
Private Public Private Public
A1 yes no yes no
R-lA yes no yes no
All Res. yes no no no
On the other hand, semi-trailers are permitted only on private property in non-City
sewered lots located in A-1 and R-1/A districts. Trailers may not be parked on the
streets in these areas either. The original intent behind this code was to allow
truckers living in the urban service area to park their tractors at their residence,
but store their trailers elsewhere. Thus, eliminating problems associated with
unsightly trailer storage and road wear on municipal streets. The current nuisance
code on this subject is listed below:
The parking of a truck, tractor and/or trailer, or other commercial-type
vehicles, excluding pickup trucks or vans, in excess of seven thousand (7,000)
pounds gross weight on public property within an area zoned residential. In
addition, the parking of semitractor trailers (whether standing alone or in
combination with a semitractor) on residential lots except those non-City
sewered lots located in A-1 and R-lA Districts.
Proposed Amendments:
To address the issue of semi-tractor trailers in residential settings, staff has
developed the following proposal (noted in italics) for consideration:
The parking of a truck, tractor and/or trailer, or other commercial-type
vehicles, excluding pickup trucks or vans, in excess of seven thousand (7,000)
pounds gross weight on public property within an area zoned residential. In
addition, the parking of semi-tractors and trailers on residential lots shall be
prohibited, except non-platted parcels five (5) acres or greater located in a R-
lA or A-1 district, unless a conditional use permit has been granted for RolA
or A-1 parcels which are less than five (5) acres in size or platted. In addition,
the excessive idling of a se~ni-tractor in excess of ten (10) minutes or greater
shall be considered a public nuisance in R-lA and A-1 districts.
Under this proposal, truck operators residing in R-lA and A-1 districts could keep
their tractors and trailers at their homes, or be given the opportunity to apply for a
conditional use permit. Neighboring residents would also be allowed to comment
during the public hearing process of the conditional use permit.
Nevertheless, this ordinance would greatly impact independent truckers currently
residing in residential areas within the urban service area. During their non-
employed hours, these individuals park the tractors at their homes. When under
contract to haul, trailers are picked up and dropped off at off site locations. Trailers
are not allowed in residential districts as outlined in our current nuisance code.
It should be noted, that with these proposed changes independent truckers within
the urban service area would need to store their tractors elsewhere. Numbers are
not available as to how many truckers would be affected by this change. However,
any proposal may generate a great deal of concern from all parties involved.
Furthermore, the construction of an accessory building for inside storage is
currently not an option due to a 15' height restriction placed on accessory structures
within the urban service area. A height limit of 22' is placed on accessory building
in both the R-lA and A-1 districts.
ity
of
River
August 13, 1998
((FirstName)) ((LastName))
((Address 1))
((City~), ((State)) ((PostalCode,
Dear ((Title)) ((LastName)):
I wish to advise you that on August 24, 1998, at 6 p.m., the Elk River City
Council will be discussing weight restrictions on Victoria Lane. This topic
came up during the overlay assessment public hearing when some concerns
from residents were expressed regarding heavy trucks using the residential
street. Additionally, on August 24 the City Council is going to be discussing
a driveway access off of County Road 32 to the Martin property in order to
accommodate his trucking activity with minimal impact to the neighborhood
and on the city street.
Your attendance and comments on August 24 are welcome. Everyone in the
neighborhood, as identified on the attached sheet, has been invited.
If you have any questions, please feel free to contact me.
Very truly yours,
Patrick D. Klaers
City Administrator
PDK:akh
Attachment
13065 Orono Parkway * P.O. Box 490 * Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Mark & Wendy Grimmer
20446 Victoria Lane NW
Elk River MN 55330
Rochelle Nielsen
14129 Victoria Lane NW
Elk River MN 55330
Christopher & Robin Longley
14109 Victoria Lane NW
Elk River MN 55330
Jerry & Barbara Sell
14071 Victoria Lane NW
Elk River MN 55330
James & Carol Laduke
14041 Victoria Lane NW
Elk River MN 55330
Edward & Ann Westermeyer
14031 Victoria Lane NW
Elk River MN 55330
William & Colleen Gass
14021 Victoria Lane NW
Elk River MN 55330
Linda Belanger
14043 Victoria Lane NW
Elk River MN 55330
Allan & Clarice Orsborn
14051 Victoria Lane NW
Elk River MN 55330
Joseph & Linda Miske
20431 Meadowvale Rd NW
Elk River MN 55330
Steven & Mick Stoffers
14092 Victoria Lane NW
Elk River MN 55330
Gary & Diana Balcom
14054 Victoria Lane NW
Elk River MN 55330
Gary & Tammy Martin
20369 Meadowvale Rd NW
Elk River MN 55330