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4.1. SR 10-12-1998ity of iver Item #4.1. MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor & City Council Pat Klaers, City Adm i irator October 12, 1998 Victoria Lane Overlay Assessments The City Council invited the Victoria Lane neighborhood to a meeting to discuss the planned overlay project and the semi truck trailer/tractor issue. Following the discussion on August 24, 1998, the City Council directed the Planning Commission to review a proposed ordinance amendment dealing with semi truck trailer/tractors and voted to delay any action on the overlay until a decision is made by the Council regarding the proposed ordinance. The Planning Commission reviewed the proposed ordinance at its September 29, 1998, meeting. No decision was reached by the Commission and the issue was continued until the worksession on October 13, 1998. The semi truck trailer/tractor issue is scheduled to be back before the Planning Commission on October 27, 1998. The assessment resolution for the overlay project was approved by the City Council and this project is not going to take place in 1998. Accordingly, the assessments should be canceled and this project considered in the next year or so when another overlay assessment program is moving forward. Attached for your consideration is a resolution which cancels the 1998 Victoria Lane overlay assessments. \\elkriver \sys\shr doc\council\viclane .doc 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 RESOLUTION 98 - A RESOLUTION OF THE CITY OF ELK RIVER CANCELING THE VICTORIA LANE OVERLAY ASSESSMENTS FOR THE 1998 IMPROVEMENT PROJECT Whereas, the City of Elk River considered an overlay improvement project for Victoria Lane; and, Whereas, the City Council conducted improvement project and assessment public hearings on the proposal on June 8, 1998; and, whereas, in Resolution 98-61, the City Council ordered the overlay improvement project for Victoria Lane; and, Whereas, in Resolution 98-63, the City Council adopted the final assessment roll for the Victoria Lane 1998 bituminous overlay improvement; and, Whereas, the City Council has deemed that this project will not be constructed in 1998, but may be considered in the future. Now, therefore, be it resolved by the City Council of the City of Elk River that the Victoria Lane 1998 Bituminous Overlay Project assessments for the following parcels, adopted in Resolution 98-63, be canceled: 75-495-0115 75-495-0120 75-495-0125 75-495-0130 75-495-0135 75-495-0140 75-495-0145 75-495-O 150 75-495-0155 75-495-0210 75-495-0220 75-495-0230 75-495-0240 Passed and adopted by the City Council of the City of Elk River this 12th day of October, 1998. ATTEST: Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk Planning Commission Minutes September 29, 1998 Page 2 COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Consider 8/25/98 Plannin.q Commission Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE AUGUST 25, 1998, MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Plannin.q Commission Representative to Attend 10/19/98 City Council Meetin.q Commissioner Cote will attend the October 19, 1998, City Council Meeting. 6.1, Request by City of Elk River for Ordinance Amendment Re.qardin.cl Parkin.q of Semi Trucks/Trailers, Public Hearin.q Case No. OA 98-5 Staff report by Laurie Mezera-Kerr, Environmental/Code Enforcement Officer. The City Council has requested that the Planning Commission review and hold a public hearing for an ordinance amendment to the Public Nuisance Ordinance regulating semi-tractors and trailers in residential and A-1 Districts. Laurie reviewed the existing and proposed ordinance, as well as ordinances of other cities. She explained that the proposed ordinance would restrict parking of semi trucks in the urban service district. Laurie indicated it would not be feasible for a semi tractor to be kept inside a storage building in most of the urban residential areas, since the ordinance does not allow accessory structures over 15 feet in height. She noted that the Rla and A1 districts allow up to 22 feet in height. The City Attorney has indicated that existing situations where an operator stores a semi tractor/trailer on his property would not be "grandfathered in", since this is a nuisance issue, rather than a land use issue. Commissioner Schuster indicated the survey information in the memo only addressed residential and not the A1 zoning in other communities. Commissioner Kuester asked if any of the other cities addressed parking of more than 1 semi tractor. Laurie indicated there was no information on the number of trucks allowed. Commissioner Thompson questioned why the noise and odor cannot be addressed through the nuisance ordinance, rather than a conditional use permit. Laurie indicated that the city has not been successful in enforcement through the nuisance ordinance. She explained that currently, neighbors complain to the police department. Usually, by the time an officer arrives, the problem has stopped and when she gets calls the next day, there is nothing she can do. Laurie explained that the proposed ordinance would state that the trucks would not be allowed in the urban service area. In the Rla and A1 zones on a five-acre parcel, there would be fewer neighbors to contend with and the likelihood of complaints would be less. If the site was in a development or less than 5 acres, the conditional use permit public hearing process would allow the neighbors an opportunity to comment on the operation of the equipment. Vice Chair Cote opened the public hearing. Walt Krause, 19425 Ogden Street, stated he is the owner of a semi truck and lives on 5 acres. He stated he has had no complaints from the neighbors about his Planning Commission Minutes ~lJJ~ll~J· September 29, 1998 Page 3 semi during the day. He stated the city should have a noise ordinance to address the loud car stereos and exhaust pipes, instead. Gary Martin, 20369 Meadowvale, stated he did not feel his semi was causing a problem in his neighborhood. He indicated the 7,000 pound gross weight limit proposed in the ordinance would prohibit him from parking his truck tractor on his property. Mr. Martin stated that if the ordinance passes, diesel pickup should be prohibited from parking neighborhoods since they are loud and smell, as well. Joe Miske, 20431 Meadowvale Road, stated he is not as concerned about an empty truck trailer coming in and out of the neighborhood, but he is concerned about them coming in with a fully-loaded trailer. He also expressed his objection to the long idling times. Mr. Miske stated that diesel pickups do not need a long warm-up idling time and are not a nuisance. He indicated he supports the proposed ordinance. Steven Stoffers, 14092 Victoria Lane, did not feel a 10 minute idling time for a truck was unreasonable, but sometimes the residents must listen to the idling for 1 to 4 hours. He stated the residents cannot enjoy being out on their decks and in their yards. Mr. Stoffers was concerned the upcoming road overlay will be damaged when the semi owner backs into his driveway. He stated is in favor of the proposed ordinance. Gary Balcom, 14054 Victoria Lane, expressed his support for the proposed ordinance as written. He felt the conditional use permit was necessary in order to address issues associated with the trucking activity, such as noise and odor. With the conditional use permit, the city will know where these trucks are so that there will not be a concentration of them in a certain area. Mr. Balcom stated that the odor is very offensive and the exhaust has set off his smoke detector. He stated he would not object to a 10 minute idling time. Mr. Balcom felt the selling value of his home has gone down by having the truck in his neighborhood, even though property values and taxes have risen. He felt that with a conditional use permit in place, a potential buyer could be advised that there are limits to the operation of the semi truck. He expressed his support for the conditional use permit process in order to maintain some control over the truck operations. Mark Grimmer, 20446 Victoria Lane, expressed concern that the truck owner may be allowed an access onto Meadowvale; that the street overlay will be damaged, and he also was concerned for the safety of children with a fully- loaded semi truck coming in and out of the neighborhood. Linda Miske, 20431 Meadowvale Road, stated her objection to the odor caused by the semi truck. She stated she is not able to use her four-season porch because the odor is so offensive. Robert Holland, 21385 Brook Road (County Road No. 21), stated he has owned trucks all his life and felt that a 15 minute warm-up time for semi trucks was all that was necessary, and the trucks could be shut down when returning after idling only 5 to 10 minutes. Mr. Holland felt the 7,000 lb. Gross weight limit would restrict parking of some of the 8/~ ton pickups. Mr. Holland indicated he was informed that a state law allows truckers to travel to their private residences even if the road is posted, but he was not sure if the law was still in effect. He supported Planning Commission Minules J"~Jj~J~ ~ September 29, 1998 Page 4 restricting the idling time of the semi trucks, and, parking of a fully-loaded truck on public or residential property. He was not in favor of the City of Elk River adopting ordinances lust because another city has a similar ordinance. There being no further comments from the public, Vice Chair Cote closed the public hearing. Vice Chair Cote stated he did not feel it was appropriate for the Planning Commission fo act on a nuisance ordinance. He also felt it appeared that the ordinance amendment was the result of a problem in a particular neighborhood. Commissioner Thompson stated that the ordinance may be necessary to prevent the same issue from becoming a problem in another part of the city. Commissioner Thompson stated she would like to discuss this issue at a workshop and did not want to make a decision at this time. Commissioner Chambers indicated that if the ordinance was adopted, the Planning Commission would eventually be reviewing these conditional use permits. Commissioner Chambers stated he could understand both sides of the issue and that he would like to discuss it at a workshop. Commissioner Chambers indicated that he felt this was an issue the city will need to deal with in the future. Commissioner Schuster felt the language in the existing ordinance was clearer than in the proposed language. Laurie Mezera-Kerr indicated the city currently has no means to regulate semi truckers and has only been able to track the complaints associated with them. She explained the subject of semi trucks and the associated noise and odor has been an ongoing issue in the city. It was the consensus of the Planning Commissioners to discuss whether a conditional use permit was appropriate for this use at the October 13th workshop. COMMISSIONER THOMPSON MOVED TO POSTPONE ACTION ON ORDINANCE NO. 98-__, AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 500.06(6) OF THE CITY CODE OF ORDINANCES, PUBLIC HEARING CASE NO. OA 98-5, UNTIL THE OCTOBER 27, 1998, PLANNING COMMISSION MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. City of Elk River Request for Ordinance Amendment Re.qardin.q Setbacks on Corner Lots, Public Hearin.q Case No. OA 98-4 Staff report by Steve Wensman. The City of Elk River is requesting an ordinance amendment to redefine the existing definitions, "Lot Line, Front" and "Lot Line, Rear" and to add the additional definitions for Front Yard, Side Yard and Rear Yard. Steve reviewed the definitions and asked the Commission for comments. Discussion followed regarding the definition of rear lot line in relationship to corner lots. It was the consensus of the Commissioners to discuss the issue further at the October workshop. 4.3, Victoria Lane Overlay and Truckin.q Activity City Administrator Pat Klaers indicated that the residents of Victoria Lane have been notified of this meeting. He indicated that the issue relates to an approved overlay for Victoria Lane and the possibility of the overiayment being compromised by a semi trailer/tractor in the area. He reviewed the issues that had previously been discussed. He further indicated that Environmental and Code Enforcement Officer Laurie Mezera-Kerr has done some research regarding semi tractors/trailers in residential areas. Laurie Mezera-Kerr indicated that due to complaints received about a local trucker in a residential area, she has researched several cities regarding these types of issues. She indicated that this issue would be addressed in the city's nuisance ordinance and that she is working on an amendment to the nuisance ordinance. Mark Grimmer, 20446 Victoria Lane, indicated that he did not feel it was fair that the city is working with the county to obtain a driveway permit for Mr. Martin when he was denied a driveway permit a few years ago for the same area. He further indicated that the subdivision has a covenant regarding the use of semi trucks in the area and questioned whether the city would enforce this covenant. Mayor Duitsman indicated that the city does not enforce neighborhood covenants. Elk River City Council Minutes August 24, 1998 Page 4 Sieve Stoffers, 14092 Victoria Lane, indicated that he was opposed to fixing the road to a higher standard so as to accommodate one individual. He further indicated that this would be done at the expense of the taxpayers and did not feel it was fair. Gary Balcom expressed his concern over truck noise and stated he hopes any revised ordinance will address this type of situation. Discussion was held by the Council regarding whether it would be feasible to post a $ Ton maximum on the road which would make it impossible for a semi truck to use the road. It was further noted that this could also restdct activities of the neighbors as other trucks would also not be allowed on the road such as cement trucks, garbage trucks, etc. COUNCILMEMBER DIETZ MOVED TO SEND THE ISSUE OF SEMI TRUCK TRAILERS/TRACTORS IN RESIDENTIAL AREAS TO THE PLANNING COMMISSION FOR REVIEW AND TO DELAY ANY ACTION ON THE OVERLAY ON VICTORIA LANE UNTIL A DECISION IS MADE BY THE COUNCIL REGARDING THE ORDINANCE AMENDMENT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED .5-0.