7.9. SR 05-18-2020City of
Elk*
River
Request for Action
To
Item Number
Mayor and City Council
7.9
Agenda Section
Meeting Date
Prepared by
Public Hearin s
May 18, 2020
Zack Carlton, Planning Manager
Item Description
Reviewed by
Ordinance Amendment: Chapter 46, Nuisances
Cal Portner, City Administrator
Reviewed by
Scott Baumgartner, City Attorney
Tim Trebesch, Code Enforcement Officer
Action Requested
Adopt, by motion, an ordinance amending Section 46-34 regarding public nuisances affecting peace and
safety.
Background/Discussion
Starting last winter, staff and the City Council discussed various nuisance ordinance updates to address
recurring issues that had been observed during the previous year but were difficult to address due to the
existing ordinance language.
Staff worked with the city attorney to draft the attached ordinance update and include the following:
1. Boats must be stored on a trailer designed for the make/model of the boat. This will prohibit the
storage of boats directly on pavement or grass.
2. Clarifies that the outside storage of trash and excess car parts (tires, mufflers, rims, etc.) is a
violation of the ordinance.
3. Clearly states that the placement of junk, debris, inoperable vehicles/equipment, and other items
on a trailer does not address the outside storage concerns.
4. Addresses concerns with covering items on the ground or trailer with a tarp to address nuisance
violations. Fitted covers for boats, RVs, cars, snowmobiles, etc. are not considered a violation and
are noted as exempt.
5. Reduces the minimum lot size for parking commercial vehicles (semi -tractors) from 5 to 2.5 acres.
The exemption allowing the parking also includes all residential zones rather than just the R-1a.
There is no set timeline for adoption of this amendment. If the City Council would like to make additional
changes to the proposed amendment, the public hearing can be continued to a later date.
Financial Impact
None
Attachments
■ Ordinance Amendment
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e
service, and community engagement that encourages and inspires pi ospei ly INAWRE1
City 4k;-z--i
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River
Ordinance 20 -
to be removed
Underlines to be added
An Ordinance Amending Section 46-34, Public nuisances affecting peace and safety.
The City- Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That � 46-34 (2), Public nuisances affecting peace and safety, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
(2) The outside piling, storing, or keeping of old machinery, junk, junk vehicles or inoperable
vehicles, unlicensed vehicles, car parts, debris, trash, or abandoned motor vehicles as defined
by Minn. Stats. ch. 16813, regardless of whether such items are located on the ground or on
a trailer.
a. When stored outside, boats shall be stored on a trailer designed for transporting the
model, type, and size of boat on the trailer.
b. Covering items with a tarp or other covering not specifically designed for the items
beneath the covering does not abate the nuisance.
SECTION 2. That � 46-34 (6), Public nuisances affecting peace and safety, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
(6) The parking of a truck tractor and/or trailer, or other commercial type vehicle, excluding
pickup trucks or vans, in excess of 7,000 pounds gross weight, on:
a. Public property within an area zoned residential; and
b. Residential lots in all zoning districts below 2.5 acres in size, unless a Conditional Use
Permit for a home occupation has been granted, provided the vehicle is parked on an
approved surface, and all other provisions of the city code are complied with.except the
p I I E I 1 0 11
NATUREI
to be removed
Underlines to be added
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 18"' day of May, 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
PIIIIE1 11
NATURE
From: Carlton, Zachary <zcarlton@ElkRiverMN.gov>
Sent: Monday, May 18, 2020 4:32 PM
Subject: FW: [EXTERNAL] Ordinance Amending Section 46-34, Public nuisances affecting peace and
safety
Letter of support from a resident supporting the nuisance ordinance update.
Thankyou
Zack
From: Tammy J
Sent: Sunday, May 17, 2020 1:26 PM
To: Carlton, Zachary <zcarlton@ElkRiverMN.gov>
Subject: [EXTERNAL] Ordinance Amending Section 46-34, Public nuisances affecting peace and safety
To whom it may concern,
I would like to voice my opinion with regards to amending the ordinance concerning public nuisances. I
am in support of the updates to the amendment specifically the part regarding covering with tarps.
Covering items with a tarp or other covering not specifically designed for the items beneath the
covering does not abate the nuisance
As many of you know I have been dealing with a neighbor for over three years regarding garbage, junk,
etc in his yard. Thanks to a few of the city employees for stepping up and helping with this issue, I am
looking forward to putting this issue to rest. The final step in the process seems to be amending this
ordinance. The person living next door to me seems to think putting a tarp or other coverings over
miscellaneous junk deems it taken care of. I disagree with this. Piles of junk whether covered or not are
still piles of junk. Many times the tarps blow around the yard or are torn and flapping around in the
wind. In my opinion this is not a proper way to store items or to make a yard look acceptable. Please
vote to approve the amendments to this ordinance. I expect the amendment will help in the future with
nuisance properties and not drag out for 3 or more years.
Thank you,
Tammy Jorgenson Owens
1790 Tipton Cr NW
Elk River, MN 55330
Nuisance Ordinance
Updates
Background
■ Ordinance amendment addressing and clarrifying nuisance
ordinance concerns
■ Boats parked/stored on trailers
■ Expands outside storage to include car parts and trash
■ Trash, debris, etc. on trailer is still a violation
■ Covering with a non -fitted tarp does not address violation
■ Minimum lot size for parking commercial vehicles reduced
to 2.5 acres and allowed in all residential districts.
Council Action
■ Approve, by motion, an ordinance amending Sec. 46-34 of the
nuisance ordinance section.
■ Alternatively, the Council may provide staff with direction on
additional changes and continue the discussion to a later
meeting.
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