7.3 SR 07-20-2020
Request for Action
To Item Number
Mayor and City Council 7.3
Agenda Section Meeting Date Prepared by
Public Hearings July 20, 2020 Zack Carlton, Planning Manager
Item Description Reviewed by
Ordinance Amendment: Nuisances and Parking Cal Portner, City Administrator
Ordinances
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, and Section 30-934 (a)(3)
Background/Discussion
On May 18, 2020, the City Council reviewed an ordinance amendment to Section 46-34 regarding
multiple nuisance ordinance updates. Council was comfortable with all changes, with one modification
regarding the storage of pontoon boats. The attached amendment reflects all of the changes discussed on
May 18, 2020, and incorporates the requested change.
The attached amendment also includes an amendment to Section 30-394 relating to the parking of
vehicles and trailers on landscaped areas. During an earlier work session, Council directed staff to amend
the ordinance and allow the parking of vehicles, RVs, trailers, and boats on the grass in the back yard of
residential properties. The ordinance makes the change and clarifies that the area must be maintained
(lawn and weeds mown).
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
service, and community engagement that encourages and inspires prosperity
Strikethroughs to be removed
Underlines to be added
Ordinance 20 - ____
An Ordinance Amending Section 46-34, Public nuisances affecting peace and safety and
Section 30-934, Landscaping.
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. 168B, regardless of whether such items are located on the ground or on
a trailer.
a. When stored outside, boats (except pontoon 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
R-1a and A-1 districts; and
c. Platted parcels and lots five acres in size or less in the R-1a and A-1 districts, unless a
conditional use permit for a home occupation has been granted.
Strikethroughs to be removed
Underlines to be added
SECTION 3. That § 30-934 (a)(3), Landscaping, of the City of Elk River Code of Ordinances shall
be amended to read as follows:
(a) General requirements. The following general requirements are applicable to all districts:
(6) No landscaped area shall be used for the parking of motor vehicles, trailers, boats, and
RVs or the storage or display of materials, supplies or merchandise.
a. Exception: In all residential zoning districts the parking of a combination of no more
than two (2) motor vehicles, trailers, boats and RVs shall be allowed on landscaped
areas behind the rear of the home provided they are setback not less than ten (10)
feet from all side and rear property lines and are fully operable and licensed as
required by the State of Minnesota. Additionally, the area beneath and around the
parked motor vehicle, trailer, boat or RV must be maintained in accordance with all
city codes, kept in a neat and orderly appearance, and comply with all other city
codes with respect to such items.
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
th
Passed and adopted by the City Council of the City of Elk River this 20 day of July, 2020.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk