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Container Storage outdoor amend Ord i5i:;~~E ~~~ MEMORANDUM May 5, 2005 r-.'-: TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager --"I I SUBJECT: Exterior Storage Containers The City of Dubuque has seen an increase in the use of exterior commercial storage containers. These containers are similar in size and appearance to a semi-truck trailer, approximately 8' x 40'. These containers are not subject to the site plan review process, they do not have interior fire protection devices and can be an eyesore depending on their visibility from the right of way. In some instances these containers have been converted into permanent structures without any practical means of complying with building and fire code requirements. These containers also constitute a threat to public health and safety because they may contain unknown and sometime hazardous contents. This is of particular concern with the Homeland Security Act where we have large, unexpected containers with unknown inventory located inside of them adjacent to high traffic areas or other similar containers. In response to this, a committee consisting of Fire Marshal Scott Neyens, Corporation Counsel Barry Lindahl, Planning Services Manager Laura Carstens, Associate Planner Kyle Kritz, Building Services Manager Rich Russell and Assistant City Manager Cindy Steinhauser met to discuss the regulation of these containers in the City of Dubuque. As a result of research and based upon the reasons noted above, the committee recommended prohibiting exterior storage containers. On December 20, 2004 an ordinance prohibiting exterior storage containers was approved by City Council with an effective date of July 1, 2005. This effective date was recommended in order to allow sufficient time for non-compliant businesses to become compliant. Since adoption of the ordinance, city staff has visited with representatives from the Dubuque Area Chamber of Commerce, Greater Dubuque Development Corporation and business representatives to discuss the impact of the ordinance. On April 5, 2005, I met with Mike Coyle, the attorney who represents Bill Denlinger who owns a storage container rental business, to review the exterior storage container ordinance and to discuss potential revisions to the ordinance. Following that meeting a proposal to recommend an amendment to the ordinance was presented to Mike Coyle for the purposes of discussing potential revisions. Following that discussion, a meeting was held on Wednesday, April 27,2005 with representatives from companies that use storage containers, Bill Denlinger who rents storage containers and city staff. Included in this meeting were the following individuals: Mr. and Mrs. Denlinger of Heartland Trailer and their attorney Mike Coyle, Jim Theisen of Theisens, Steve Conlon of Conlon Construction Company, Tori Anderson of Michaels, Paul Fahey of Rainbo Oil, Tom Geisler of Geisler Brothers, Steve Selchert of Steve's Ace Hardware, Larry Wolff and Greater Dubuque Development Corporation Director Rick Dickinson. City staff that participated in this meeting were City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl, Fire Chief Dan Brown, Fire Marshall Scott Neyens, Building Services Manager Rich Russell, Associate Planner Kyle Kritz and Assistant City Manager Cindy Steinhauser. The purpose of the meeting was to review concerns over the recently adopted ordinance prohibiting exterior storage containers beginning on July 1, 2005. During this meeting, the proposal to amend the ordinance was reviewed and the items of greatest concerns were discussed. These items included: limitation of one storage container per property, road wheel requirement, twenty (20) foot separation requirement, $50 monthly license fee and the five-month time limitation. Following this meeting, this recommendation to amend the ordinance being presented to you today was drafted. This recommendation was mailed to all who attended the above-described meeting. A meeting was held on Friday, May 6 with the Greater Dubuque Development Corporation representatives to explain the recommendation. The Chamber of Commerce was invited to attend this meeting, but had a scheduling conflict. City staff is recommending the ordinance be amended to allow storage containers under the following conditions: (a) A storage container shall be on road wheels and shall not be stacked under or on top of another container. (b) A storage container shall not block any fire department access road, sprinkler or stand pipe connection, or any fire exit doors of any building on the property. (c) A storage container may be connected to a loading dock facility as long as the container is perpendicular to the loading dock and there exists a means of fire separation from the primary structure and the storage container. (d) A storage container not connected to a loading dock shall be not less than twenty (20) feet from the nearest building, other storage container and property line. Storage container access shall be restricted to company employees and shall be kept secured at all times; (e) A storage container shall be kept good in appearance and have no visible signs of deterioration, including but not limited to faded or peeling paint, rust, missing or broken parts or graffiti. (f) A storage container shall not have any attachments such as utilities, a roof, siding, stairs or other conditions that constitute a permanent structure. (g) A storage container shall not have any materials stored underneath or adjacent to the container. (h) A storage container shall not be used for the storage of hazardous waste or materials unless the storage containers complies with all federal, state or local regulations governing the storage of such waste or materials. Construction trailers; or truck trailer or semi-truck trailer while it is actively being used for the transportation of materials, inventory or equipment or not being used for storage; or a trailer less than 20' in length shall be exempted from this ordinance. The Fire Department believes this ordinance will address their safety concerns, making the containers easily accessible during an emergency and allowing them to be quickly moved if there is a nearby fire or another emergency. The 20 foot separation also keeps them far enough away from other structures in case there is a fire in a container. In addition it is recommended that a permit fee be established that increases the rate for each additional unit. The proposed rates would be $10.00 per month for the 1st unit, $20.00 per month for the 2nd unit ($30 total for 2 units), $30.00 per month for the 3rd unit ($60 total for 3 units), $40 per month for the 4th unit ($100 total for 4 units) and $50 per month for each additional unit after four units. The permit fees are designed to cover the expenses to the City to regulate these storage containers. The Building Safety Department will be responsible for the permitting process and inspection of these containers. A site plan for the location of the storage containers must be included with the application. This does not need to be completed by an engineer. This site plan is an important part to managing and regulating the safety of structures near these containers. Site plan reviews are not a new concept and are required for any new development within the city. During the site plan review process, Fire Department and Emergency access around a structure is clearly identified and required. The location of fire lanes, parking stalls and dumpster locations are typical of items indicated on site plans. These site plans do not now show the location of storage containers and often the developer indicates that the area adjacent to the fire lanes, emergency access lanes and other spaces around a structure will remain open. It is only after a tenant occupies the space that problems arise with the use of storage containers. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Iki~~E ~</k.~ MEMORANDUM May 5, 2005 TO: Michael C. Van Milligen, City Manager FROM: Cindy Steinhauser, Assistant City Manager SUBJECT: Exterior Storage Containers Introduction The purpose of this memorandum is to provide a recommendation to revise Section 11- 83 of the Code of Ordinance regarding the prohibition of exterior storage containers. Discussion The City of Dubuque has seen an increase in the use of exterior commercial storage containers by "big box" commercial businesses such as Walmart, Lowes, HyVee and Shopco. These containers are similar in size and appearance to a semi-truck trailer, approximately 8' x 40', and can be stacked on top of each other. These containers are not subject to the site plan review process, they do not have interior fire protection devices and can be an eyesore depending on their visibility from the right of way. In some instances these containers have been converted into permanent structures without any practical means of complying with building and fire code requirements (Le. electrical service is run to the container, stairs are installed to provide access and in some cases roofs are installed over the container.) These containers also constitute a threat to public health and safety because they may contain unknown and sometime hazardous contents. This is of particular concern with the Homeland Security Act where we have large, unexpected containers with unknown inventory located inside of them adjacent to high traffic areas or other similar containers. In response to this, a committee consisting of Fire Marshal Scott Neyens, Corporation Counsel Barry Lindahl, Planning Services Manager Laura Carstens, Associate Planner Kyle Kritz, Building Services Manager Rich Russell and me met to discuss the regulation of these containers in the City of Dubuque. As a result of our research and based upon the reasons noted above, the committee recommended prohibiting exterior storage containers. On December 20, 2004 an ordinance prohibiting exterior storage containers was approved by City Council with an effective date of July 1, 2005. This effective date was recommended in order to allow sufficient time for non-compliant businesses to become compliant. Since adoption of the ordinance, city staff has visited with representatives from the Dubuque Area Chamber of Commerce, Greater Dubuque Development Corporation and business representatives to discuss the impact of the ordinance. On April 5, 2005, you met with Mike Coyle, the attorney who represents Bill Denlinger who owns a storage container rental business, to review the exterior storage container ordinance and to discuss potential revisions to the ordinance. Following that meeting the attached list of regulations (Attachment 1) was presented to Mike Coyle for the purposes of discussing potential revisions. Following that discussion, a meeting was held on Wednesday, April 27, 2005 with representatives from companies that use storage containers, Bill Denlinger who rents storage containers and city staff. Included in this meeting were the following individuals: Mr. and Mrs. Denlinger of Heartland Trailer and their attorney Mike Coyle, Jim Theisen of Theisens, Steve Conlon of Conlon Construction Company, Tori Anderson of Michaels, Paul Fahey of Rainbo Oil, Tom Geisler of Geisler Brothers, Steve Selchert of Steve's Ace Hardware, Larry Wolff and Greater Dubuque Development Corporation Director Rick Dickinson. City staff that participated in this meeting were City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl, Fire Chief Dan Brown, Fire Marshall Scott Neyens, Building Services Manager Rich Russell, Associate Planner Kyle Kritz and myself. The purpose of the meeting was to review concerns over the recently adopted ordinance prohibiting exterior storage containers beginning on July 1, 2005. During this meeting, the attached list of regulations was reviewed and the items of greatest concerns were discussed. These items included: limitation of one storage container per property, road wheel requirement, twenty (20) foot separation requirement, $50 monthly license fee and the time limitation. Based on feedback from this group, city staff is recommending the ordinance be amended to allow containers under the following conditions: (a) A storage container shall be on road wheels and shall not be stacked under or on top of another container. (b) A storage container shall not block any fire department access road, sprinkler or stand pipe connection, or any fire exit doors of any building on the property. (c) A storage container may be connected to a loading dock facility as long as the container is perpendicular to the loading dock and there exists a means of fire separation from the primary structure and the storage container. (d) A storage container not connected to a loading dock shall be not less than twenty (20) feet from the nearest building, other storage container and property line. Storage container access shall be restricted to company employees and shall be kept secured at all times; (e) A storage container shall be kept good in appearance and have no visible signs of deterioration, including but not limited to faded or peeling paint, rust, missing or broken parts or graffiti. (f) A storage container shall not have any attachments such as utilities, a roof, siding, stairs or other conditions that constitute a permanent structure. (g) A storage container shall not have any materials stored underneath or adjacent to the container. (h) A storage container shall not be used for the storage of hazardous waste or materials unless the storage containers complies with all federal, state or local regulations governing the storage of such waste or materials. Construction trailers; or truck trailer or semi-truck trailer while it is actively being used for the transportation of materials, inventory or equipment or not being used for storage; or a trailer less than 20' in length shall be exempted from this ordinance. In addition it is recommended that a revised permit fee be established that increases the rate for each additional unit(s). The proposed rates would be $10.00 per month for the 1st unit, $20.00 per month for the 2nd unit ($30 total for 2 units), $30.00 per month for the 3rd unit ($60 total for 3 units), $40 per month for the 4th unit ($100 total for 4 units) and $50 per month for each additional unit after four units. The permit fees are designed to cover the expenses to the City to regulate these storage containers. The Building Safety Department will be responsible for the permitting process and inspection of these containers. A company may purchase monthly permits in advance up to 1 year. The permitted storage containers will be required to display a permit sticker that will be supplied by the city. In addition a site plan for the location of the storage containers must be included with the application. This site plan is an important part to managing and regulating the safety of structures near these containers. Site plan reviews are not a new concept and are required for any new development within the city. During the site plan review process, Fire Department and Emergency access around a structure is clearly identified and required. The location of fire lanes, parking stalls and dumpster locations are typical of items indicated on these plans. These plans do not show the location of storage container and often the developer indicates that the area adjacent to the fire lanes, emergency access lanes and other spaces around a structure will remain open. It is only after a tenant occupies the space that problems arise with the use of storage containers. Recommendation Based upon this discussion, the committee is recommending adoption of the revised ordinance to allow for the regulation of exterior storage containers. Action The requested action is for City Council to adopt the attached ordinance repealing Section 11-83 Prohibition of Exterior Storage Containers and adopting a new Section 11-83 Permitting the use of Exterior Storage Containers. CC: Barry Lindahl, Corporation Counsel Dan Brown, Fire Chief Scott Neyens, Fire Marshall Rich Russell, Building Services Manager Laura Carstens, Planning Services Manager ORDINANCE NO. 36-05 REPEALING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 11-83 (ORDINANCE NO. 84-04) EXTERIOR STORAGE CONTAINERS PROHIBITED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 11-83 of the City of Dubuque Code of Ordinances (Ord. No. 84- 04) is hereby repealed. Passed, approved and adopted this 16th day of May, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ORDINANCE NO. AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 11-83 EXTERIOR STORAGE CONTAINERS PROHIBITED AND ADOPTING A NEW ARTICLE VII EXTERIOR STORAGE CONTAINERS REGULATING THE USE OF EXTERIOR STORAGE CONTAINERS WHEREAS, the City Council of the City of Dubuque finds that storage containers used for the exterior storage of materials, inventory or equipment constitute an eyesore to the community; and WHEREAS, the City Council finds that storage containers constitute a threat to public health and safety because their location can block or prevent proper access to buildings and building exits, emergency exits, fire connections to sprinkler systems and utility disconnects; and WHEREAS, the City Council finds that storage containers constitute a threat to public health and safety because they can contain unknown and sometimes hazardous contents; and WHEREAS, the City Council finds that storage containers can be converted into permanent structures without any practical means of complying with building and fire code requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 11-83 of the City of Dubuque Code of Ordinances is hereby repealed. Section 2. The following new Article is hereby adopted: ARTICLE VII. EXTERIOR STORAGE CONTAINERS Sec. 11-83. Exterior storage container defined: For purposes of this article, storage container means any enclosed receptacle exceeding twenty (20) feet in length designed, built or intended to be used for the shipment, transportation or storage of goods and not being used primarily for the shipment or transportation of goods, but not including a construction trailer, or a truck trailer or semi-truck trailer while it is actively being used for the transportation of materials, inventory or equipment. Sec. 11-84. Use of exterior storage containers prohibited. No person shall use a storage container for the exterior storage of materials, equipment or inventory is prohibited except as provided in this Article. Sec. 11-85. Application for permit. (a) Permit required. No person shall use an exterior storage container for the exterior storage of materials, equipment or inventory without first obtaining an annual permit for each such storage container as provided in this Article. (b) Application. An application for an exterior storage container permit shall be filed with the City Manager on a form provided by the City Manager. The application shall contain the following information: (1) The name of the applicant. (2) A description of the storage container and purpose for which it is intended to be used. (3) A site plan showing the following: North arrow; Property lines of the property where the storage container will be located; Location and dimensions of any buildings on the property; and Location of proposed storage container and distances from building and other storage containers (c) False information. Falsification of information on an application shall be grounds for denial or revocation of a permit. (e) Consideration of application: The City Manager shall, upon consideration of the application, approve or reject the application. (f) Fees: At the time of filing the application, the applicant shall pay to the City Manager a non-refundable permit fee established by the City Manager. Sec. 11-86. Storage container requirements. Use of a storage container shall meet the following requirements: (a) A storage container shall be on road wheels and shall not be stacked under or on top of another container. (b) A storage container shall not block any fire department access road, sprinkler or stand pipe connection, or any fire exit doors of any building on the property. (c) A storage container may be connected to a loading dock facility as long as the container is perpendicular to the loading dock and there exists a means of fire separation from the primary structure and the storage container. (d) A storage container not connected to a loading dock shall be not less than twenty (20) feet from the nearest building, other storage container and property line. Storage container access shall be restricted to company employees and shall be kept secured at all times; (e) A storage container shall be kept good in appearance and have no visible signs of deterioration, including but not limited to faded or peeling paint, rust, missing or broken parts or graffiti. (f) A storage container shall not have any attachments such as utilities, a roof, siding, stairs or other conditions that constitute a permanent structure. (g) A storage container shall not have any materials stored underneath or adjacent to the container. (h) A storage container shall not be used for the storage of hazardous waste or materials unless the storage containers complies with all federal, state or local regulations governing the storage of such waste or materials. Sec. 11-87. Suspension and Revocation of License. A permit may be revoked or suspended by the City Manager for a violation of any of the provisions of this Article. The permittee shall be given not less than ten-day's written notice of the proposed action to be taken prior to suspension or revocation. Section 3. This Ordinance shall take effect July 1, 2005. Passed, approved and adopted this day of 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk May 5, 2005 Mike Coyle Fuerste, Carew, Coyle DubuquelA 52001 Dear Mike, In response to our meeting on April 27, 2005, I met with city staff to review your request to modify the exterior storage container ordinance that takes effect July 1, 2005. Based upon city staff discussion we will be recommending changes to the ordinances to allow exterior storage containers under certain conditions. These conditions are: (a) A storage container shall be on road wheels and shall not be stacked under or on top of another container. (b) A storage container shall not block any fire department access road, sprinkler or stand pipe connection, or any fire exit doors of any building on the property. (c) A storage container may be connected to a loading dock facility as long as the container is perpendicular to the loading dock and there exists a means of fire separation from the primary structure and the storage container. (d) A storage container not connected to a loading dock shall be not less than twenty (20) feet from the nearest building, other storage container and property line. Storage container access shall be restricted to company employees and shall be kept secured at all times; (e) A storage container shall be kept good in appearance and have no visible signs of deterioration, including but not limited to faded or peeling paint, rust, missing or broken parts or graffiti. (f) A storage container shall not have any attachments such as utilities, a roof, siding, stairs or other conditions that constitute a permanent structure. (g) A storage container shall not have any materials stored underneath or adjacent to the container. (h) A storage container shall not be used for the storage of hazardous waste or materials unless the storage containers complies with all federal, state or local regulations governing the storage of such waste or materials. A copy of the proposed ordinance is attached. Construction trailers; or truck trailer or semi-truck trailer while it is actively being used for the transportation of materials, inventory or equipment or not being used for storage; or a trailer less than 20' in length shall be exempted from this ordinance. A company may apply for a permit for each storage container. As part of the application process, businesses must provide a site plan identifying the property lines of the property where the storage container(s) will be located, dimensions of any buildings on the property and the location of proposed container(s) from buildings and other containers. The permit fee will be recommended as follows: $10.00 per month for the 1st unit, $20.00 per month for the 2nd unit ($30 total for 2 units), $30.00 per month for the 3rd unit ($60 total for 3 units), $40 per month for the 4th unit ($100 total for 4 units) and $50 per month for each additional unit after four units. It is my intent to take this recommendation to the May 16, 2005 City Council and request approval. The effective date will remain July 1, 2005. Please contact me at 563-589-4110 if you have any questions. Sincerely, Michael C. Van Milligen City Manager Preparer: Barry A. Lindahl. eomo...tIon Counsel Add.....: Suite 330 300 Main Street Dubuaue lA 52001 Telephone: (563) ~113 ORDINANCE NO. 84-04 AMENDING CHAPTER 11 BUILDING AND BUILDING REGULATIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VII. EXTERIOR STORAGE CONTAINERS PROHIBITING THE USE OF EXTERIOR STORAGE CONTAINERS WHEREAS, the City Council of the City of Dubuque finds that storage containers used for the exterior storage of materials, inventory or equipment constitute an eyesore to the community; and WHEREAS, the City Council finds that storage containers constitute a threat to public health and safety because their location may and do block or prevent proper access to buildings and building exits, emergency exists, fire connections to sprinkler systems and utility disconnects; and WHEREAS, The City Council finds that storage containers constitute a threat to public health and safety because they may and do contain unknown and sometimes hazardous conten1s: and WHEREAS, the City Council finds that storage containers may be and are converted into permanent structures without any practical means of complying with building and fire code requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 of the City of Dubuque Code of Ordinances is amended by adding the following new article: ARTICLE VII. EXTERIOR STORAGE CONTAINERS PROHIBITED Section 11-83. Exterior Storage Containers Prohibited: (a) For purposes of this article, storage container means any receptacle designed, built or intended to be used for the shipment, transportation or storage of goods. .' (b) The use of storage containers for the exterior storage of materials, inventory or equipment is hereby prohibited. This prohibition shall not apply to a truck trailer or semi-trailer while it is actively being used for the transportation of materials, inventory or equipment and is temporarily located adjacent to a loading dock. (c) Notwithstanding subparagraph (b), a storage container may be used as a construction site trailer but only during construction on the site. Passed, approved and adopted this 20thdayof December 2004. Attest: t~E:; F. ~:.:t:r.~~ c;;fJ DUB~E ~~~ MEMORANDUM o i~.~ -..... - c~:' ~ . " ;~ ') '.; ! December 15, 2004 ) '.. t . . """1 TO: FROM: The Honorable Mayor and City Council Members \,.!..' Michael C. Van Milligen, City Manager SUBJECT: Storage Containers The City of Dubuque has seen an increase in the use of exterior commercial storage containers and semi-tractor trailers being used in commercial and industrial areas for storage and other purposes. In the case of one retailer, Wal-Mart, there are over 50 storage containers behind their building. This equals approximately 16,000 sq. ft. of space. These containers are not subject to the site plan review process. They do not have interior fire protection devices and are an eyesore. These containers may be a threat to public health and safety because their location could block or prevent proper access by the Fire Department to buildings and building exits, emergency exits, fire connections to sprinkler systems and gas and electric utility disconnects in an emergency. These containers may constitute a threat to publiC health and safety because they may contain hazardous contents. Some containers have been converted into "permanent" structures without any practical means of complying with building and fire code requirements. The City has found examples of containers with electrical service run to the container, stairs installed, and in one case a roof was installed. Because the use of exterior storage containers is a recent development with big box retailers, few cities have regulations in place. Some cities, including Charlotte, North Carolina; Abilene, Texas; and Coralville, Iowa; prohibit outdoor storage and the use of these containers. However, Coralville does allow outdoor storage in Industrial Districts. The cities of Windsor Heights, Iowa; Rochester, Minnesota; and Scarborough, Maine; regulate storage containers as temporary structures through a permit process as opposed to prohibiting them as nuisances. After working with a staff review committee, Assistant City Manager Cindy Steinhauser is recommending the prohibition of storage containers with the ordinance taking effect on July 1, 2005, to give adequate time for compliance. This recommendation was arrived at for the following reasons. Lack of staff resources. Regulating storage containers requires adequate staff support for the regulatory process - application, site plan review, permitting, renewal, etc. Regulating storage containers also requires adequate staff support for enforcement - periodic inspections to monitor whether semi-trailers and shipping containers are being used as long-term storage facilities, are actively used for short-term storage or are simply abandoned. The Building Services Department does not have the capacity to take on either a regulatory role or an enforcement role for storage containers. Homeland security concerns. Even if adequate staff resources were made available for Building Services staff to regulate storage containers, homeland security concerns would remain. For example, a business could place a storage container in the wrong place, blocking fire and ambulance access. Or, an unexpected storage container could be placed next to a high traffic area or next to other containers, creating a security risk. Safety issues. Even with regulation, the conversion of semi-trailers and shipping containers to storage facilities presents safety issues. They become de facto extensions of the businesses, creating substantial storage space. These containers are designed to serve as over-the-road transport, not as a storage building. For example, they lack fire protection devices or firewall construction. Bliahtina influence. Typically, the principal structure used by a business is kept in good repair, presenting an attractive appearance to attract and retain customers. This same level of upkeep is not typical of storage containers, which may have faded paint, rust, missing or broken parts, or a deteriorated appearance. Even if regulated, these types of containers can remain on a site for an extended period while the enforcement is pursued, contributing to urban blight. I concur with the recommendation and respectfully request Mayor and City Council approval. lr}\ ~ l..( {/'l' 12 I \'1../ L · "\ ['-~ "- Michael C. Van Milligen ~_ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager DUB~JE ~~~ MEMORANDUM December 13, 2004 TO: FROM: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager SUBJECT: Storage Containers Introduction The purpose of this memorandum is to review the use of exterior commercial storage containers and to recommend a policy on the use of such containers. Discussion The City of Dubuque has seen an increase in the use of exterior commercial storage containers by "big box" commercial businesses such as Wal-Mart, Lowes, HyVee and Shopko. These containers are similar in size and appearance to a semi-truck trailer, approximately 8' x 40', and can be stacked on top of each other or are actual semi- tractor trailers. These containers often serve as an extension of the business providing a place to store inventory until the merchandise is transferred to the building and advertised for sale. For example, in December 2003 and 2004, the Dubuque Wal-Mart store had over 50 storage containers behind its building for the storage of inventory. This equates to approximately 16,000 square feet of space outside of the building used for storage or approximately 7.76% of their total square footage based upon their current size of 206,183 sq. ft. It is important to note that these containers are also not subject to the site plan review process; they do not have interior fire protection devices and can be an eyesore depending on their visibility from the right of way. Attached are photos of these storage containers where they are used in large quantity and may be a threat to public health and safety because their location blocks or prevents proper access to buildings and building exits, emergency exits, fire connections to sprinkler systems and utility disconnects. These photos also show where storage containers have been converted into permanent structures without any practical means of complying with building and fire code requirements (i.e. electrical service is run to the container, stairs are installed to provide access and in some cases roofs are installed over the container.) These containers also constitute a threat to public health and safety because they may contain unknown and sometime hazardous contents. This is of particular concern with the Homeland Security Act where we have large, unexpected containers with unknown inventory located inside of them adjacent to high traffic areas or other similar containers. A committee consisting of Fire Marshal Scott Neyens, Corporation Counsel Barry Lindahl, Planning Services Manager Laura Carstens, Associate Planner Kyle Kritz, Building Services Manager Rich Russell and me have been meeting to discuss the regulation of these containers in the City of Dubuque. As part of our review, we considered the following: 1. Are exterior storage containers currently allowable under the City of Dubuque Code of Ordinances? 2. What use of exterior storage containers do other cities allow? 3. What is the permit process in cities that allow exterior storage containers? Are exterior storage containers currently allowable under the City of Dubuque Code of Ordinances? Currently there are no provisions in the City of Dubuque Code of Ordinances that regulate exterior storage containers. The City Council recently adopted and amendment to the Zoning Ordinance for the regulation of seasonal tents as a temporary use area. The committee discussed applying these same criteria to the regulation of exterior storage containers. However, this suggestion is not being recommended because an appeal from a denial of a permit would go to the Zoning Board for review versus the City Council. There is also a provision in the Zoning Ordinance that would allow existing containers to be "grandfathered" in. What use of exterior storage containers do other cities allow? Because the use of exterior storage containers is a recent development with big box retailers, few cities have regulations in place. Some cities, including Charlotte, North Carolina: Abilene, Texas; and Coralville, Iowa; prohibit outdoor storage and the use of these containers. However, Coralville does allow outdoor storage in Industrial Districts. The cities of Windsor Heights, Iowa; Rochester, Minnesota; and Scarborough, Maine; regulate storage containers as temporary structures through a permit process as opposed to prohibiting them as nuisances. What is the permit process In cities that allow storage containers? As mentioned above, the City of Windsor Heights, Iowa regulates exterior storage containers through a permit process. The containers are defined as temporary structures and are permitted for 30 days with up to (2) 30-day extensions allowed. The number of containers allowed is determined by a site plan submitted as part of the permit process. Rochester, Minnesota permits exterior storage containers based upon floor area of the principal structure and Scarborough, Massachusetts allows only one exterior storage container on a site. After reviewing this information, the committee then discussed what items we want to consider in developing a local ordinance that would allow exterior storage containers. Concerns regarding allowing these containers include use of containers to simply replace construction or expansion of a principal structure, fire protection for containers and contents, location of containers on the property in relationship to the principal structure, screening of containers from public right of way, allowing containers in commercial as opposed to industrial zoned areas, and enforcement of the ordinance. The committee also acknowledged that when used on a limited basis, such as a construction site trailer, these containers do provide a good temporary use as office space. A typical construction office consists of one container. Recommendation Based upon this discussion, staff recommends prohibiting storage containers instead of regulating them for the following reasons: Lack of staff resources. Regulating storage containers requires adequate staff support for the regulatory process - application, site plan review, permitting, renewal, etc. Regulating storage containers also requires adequate staff support for enforcement - periodic inspections to monitor whether semi-trailers and shipping containers are being used as long-term storage facilities, are actively used for short-term storage or are simply abandoned. The Building Services Department does not have the capacity to take on either a regulatory role or an enforcement role for storage containers. Homeland security concerns. Even if adequate staff resources were made available for Building Services staff to regulate storage containers, homeland security concerns would remain. For example, a business could place a storage container in the wrong place, blocking fire and ambulance access. Or, an unexpected storage container could be placed next to a high traffic area or next to other containers. creating a security risk. Safety issues. Even with regulation, the conversion of semi-trailers and shipping containers to storage facilities presents safety issues. They become de facto extensions of the businesses, creating substantial storage space. These containers are designed to serve as over-the-road transport, not as a storage building. For example, they lack fire protection devices or firewall construction. BliahtinQ influence. Typically, the principal structure used by a business is kept in good repair, presenting an attractive appearance to attract and retain customers. This same level of upkeep is not typical of storage containers, which may have faded paint, rust, missing or broken parts, or a deteriorated appearance. Even if regulated, these types of containers can remain on a site for an extended period while the enforcement is pursued, contributing to urban blight. The committee further recommends that this ordinance take effect beginning July 1, 2005 to allow sufficient time for non-compliant businesses to become compliant. This proposed ordinance would still allow use of these temporary structures on a limited basis as a construction site trailer. Action The requested action is for City Council to adopt the attached ordinance prohibiting the use of exterior storage containers. Cc: Barry Lindahl, Corporation Counsel Laura Carstens, Planning Services Manager Kyle Kritz, Associate Planner Scott Neyens, Fire Marshall Rich Russell, Building Services Manager MAY-11-2005 WED 04:49 PM FUERSTE, CAREW, COYLE FAX NO, 563 556 7134 p, 01/01 LllW Oft ices Of FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C. 200 SBCURITY BlJILD1NO I S I WRST &T11 S1'RP-I!T DuaUQ1)Ji, IOWA 52001.6832 T&LW'HONR: (563) 556-401 1 Wn.l.IAMC. F~J\iR!lrB ALLAN J. CAP.BW MICHAIlI. J, COYl..P. $Tlil'HEN J. JlIl!ROSN 5 RODlIR." t. SUDM1!llllt'" DOl/(iI.AS M. HeNRY MAkK J. WII.LOINO MICIIAcl.J. SHODA,.,..... A. TH1l000RB HlIINJ<IlR NOR.MAN J. W ANGBlillCl OAN IT A L. 0 R.AN'f JOliN F. HOPGlls May 11,2005 TIiLBCOPII!R: (S63)SS6.7134 S.MAlL: MAILm\FCCJS.COM WIUTER.'S DlllPCT E.MAll ADDRfSS MCOY 1.1,@FC{,JS.l:0M Au.A'rrOR.NBYS 1.1C:~N~I!IlIN lOw" OALSO I.ICIINItWO IN WISCONMIN .. ALSO 1.~PN'IlD IN ILLINOI~ Ms. Jeanne F. Schneider City Clerk City Hall Dubuque, IA 52001 Via Fax 589-0890 Dear Jeanne: I would like to address tbe City Council if at all possible on Monday evening. May 16,2005, on behalfofBHl Denlinger and his wife who own Heartland Storage regarding the outside storage ordinance. Mike Van Milligen suggested I write you this letter as soon as possible. Jim Theisen had indicated to me that he wished to address the City Council and I am using this letter to advise you of that. I will also ask Jim to write a letter as soon as he can. Very truly yours, FUERSTE, CAREW, COYLE, ~P'C' MICHAEL 1. COYLE r~--.',\ \ MJC:dh MAY-11-2005 WED 04:50 PM DUBUQUE AREA CHAMBER FAX NO. 5635571591 P. 01 .-. --- .-. ".-- "-. ._- -- --- .- t..------------- @R~~~~~~ I 8UIIN.S. ADVOCATE FOR THE TRI-STATlS May 11, 200S The Honorable Terry Duggan and Members of the City Council Attention: City Clerk City Hall SO West 13th Street Dubuque, IA 52001 Dear Friends: I am writing to request that I or Dan Cunningham, the Chamber's Director of Government and Business Affairs, be given the opportUnity to address the May 16 meeting of the Dubuque City Council. We would like to address Section 11-83 of the Code of Ordinance regarding the prohibition of exterior storage containers. Please contaCt Dan Cunningham at your earliest convenience to discuss this request. Dan can be reached at 690-9205, or via email atDCunningham@DubUQueChamber.com. Thank you for your attention to this matter. Sincerely, ~~ Steward Sandstrom President & CEO SS:dc Post-if" Fax Note To Cl\''i COJOllpt, Phone It 7671 Date -_. ; II of pag.. . C~~~ Co. hom 'I ~ O~'1 0 Fax # 300 MAIN SlUBT SUtTE 200 P.O. Box 70S DUBUQ~, IA )2.004-0705 (563)557-9200 (563)557-1591 E-MAIL: OffICS@DuBUQUECHAMBER.COM WEB SIn: WWW.DUBUQUBCHAMBBR.COM \, . . Stsvsls A ~t) Hardware ::Inc:.. May 10, 2005 Dear Mike, Having reed the revisions to the storage container ordinance, my only concern is that a site plan does not have to be one done by an engineering firm because of the added cost involved. In addition, I would like to see variances be allowed on a case by case basis involving setbacks from property lines and bUildings as long as general safety could still be observed, Certainly, Mike, you know that you will not satisfy everyone, but I think you and the city staff have responded in a way that is responsible and I thank you all for your efforts. .' Sincerely, 5-reJL.lff Steve Selchert Steve's Ace Hardware Inc. 1670 J.F.K. Road ......2013 Central Avenue......3350 J.F.K. Road Z 3DVd (7L' "r( ("or'xv' :::lL 1; ~jj I;"j' ~ 3HVM3HVH 3JV S ,3A31S:WOHj WV LZ:60 83M SOOl-!I-AVW 05/12/2005 09:30 15635832724 LARRY WOLFF PAGE 01 ..Ar7 ~'II/ .' PA ~ ~ ~ ('c 1-1 ~p ,J.p~aae 1 of 1 Honorable "yor and City Council, Re: Recent Ordinance Eliminating Stora..- ConlalnerafTrail.,. ("units") I have no flnanci.llnte....t in this ordlnanc....we do not u.e thl. type storage nor do any of our Tenants. Our currently adopted ordinance .Iimin." allauch sfDrage and City etaff is now rwonalclerlng tM ~ of the ordinance to detennlne if it can be made more bu.l..... friendly. l.JI~clndllJJl.II1'~nan~.jJ.nd ,.(~tne~lJIl~(:......o.!!.1hiLmatter. My concern Ie the CBy regulating this commerce activity. 1 I am not aware of any Incid~ts where th... units caused a" accident or any sa,.. Issu.. weN compromised. W. have had leau.. of Illegal wiring. roof building, blocking Ire ....... etc.. that are vk*tIone of existing ordl....nces and could be eliminated by e"forclng fire codes and city ordinances. Another ordinance doe. not seem nSCMsary to eliminate the safety i.su... 2 My information.. that the... are between 500 and 1000 ofth_ un'" In the City. Every day SOIfte of...... unlta move In and out of various locations. If. .... plan. with site pIIln review .. required to regula" the activity, it would ...m like many mMtinp. Inspections and manpower hours would be required dally. Enforcement of any ordlMnce to atop the vlolato... to debtnnlne If a unit Is "storage," in tranalt waiting for pickup or delivery, or in transit, would also be very ..bor inttnaive. I can~ Imagine ~r City could ever collect enough fees to cover th... eXaMns... 3 The ordinance .Iitninatee the "storage unit busln..... ( The DenUn......) from . operallng wtlNn Ole City limlta. A very high percentage of the cltlee In our country haYe this aCtivity and I doubt they ban the busin... providing ..... service from o,....tJnO within their city Ilmft8. 4 "ny, many Dubuque bus In.... depend on thla .torage method to etRc....ay oper.... their pla_ .nd _rehouses. It's not prudent to force these ~....._ to make other arrangementa that wilt add to their overhead and make them .... competitive In the market place. The City would al80 be weakened by adding overhe.d dolla18 to ... operating cCMIta with little benefit to the _pay..... ~~ LarryW 3890 Central Avenue City \..;,.' ThUtSday, May 12, 2005 America 0Wine: LanyW331 .. .. . , Petition opposing Ordinance 84-04 for exterior storage trailers and containers. We, the undersignJd businesses and individuals are united in our opposition to Ordinance 84-04, enact~d by the Dubuque City Council on December 20,2004 and we hereby petition the council to revisit this ordinance since it will create economic hardship to these businesses and individuals. In addition, we ask that the enforcement date of the ordinance be stayed until such time the City Council can re-evaluate the consequences and receive inpute from the opposing parties. Address Phone 6bj if? j -SLID/ ChaJ~"e Sgs-0163 4 5 I.J _ Lf/Q, ~ fVt ~ / ) 3 D~bl'-'~ O~~'4+-~~ S'd 100 S?3-qtri1 . ~~-C;ft .3.J G, C, C/' t! ole e.-. f J6<. ~I., <-::F q d. - 5" (.) r cl ;&00 b...."'~J~ t2..d S-S;;-K61'7 I ,-:7 J(~~.'-' ~ c;'-(ojrf'"fl1CJ'tl ;7 ~ 0 -r--A.: /'I ~ I ,s.g~ 3696 j o,^-vJ ~.lz.()6.'~'~:c.l 111 IOI.s- ee.vlvJe (3e,LI,t; '!)'ff~-57110 I b(J~ (vJ'h-Y (,'Nt. S€3 920 . 1'030 Ce Gucl ~~7~;}o 14 [Z.E X<V 15 k~,uf .5:eKII iCeS J'Igs-.( llti/., ).0 Petition opposing Ordinance 84-04 for exterior storage trailers and containers. We, the undersigned businesses and individuals are united in our opposition to Ordinance 84-04, enacted by the Dubuque City Council on December 20, 2004 and we hereby petition the coWlcil to revisit this ordinance since it will create economic hardship to these businesses and individuals. In addition, we ask that the enforcement date of the ordinance be stayed until such time the City Council can re-evaluate the consequences and receive inpute from the opposing parties. Company &/or Individual 16 ~, t!'"~ ( '':::::>' ,,"",1<. Address Cfy-., 17)(, 18 20 aC~(-CvVT CO/;, ~ , 21 ~\\ ~ tfi/S- ::J./1?~- Zf Z( ;./dLiIJAr ba" t ).. 1 C t=.1JTf/~t- If.. Ou (j() JE) TA ,5llel' 22 Lv E L-f) <'!J Tl RE:. f-; 1;)-S- C~ 14 24 Phone 5$5-:::.--7.:;.-2.. 5F;}.- ;i.3Y8 -s-J'"..3 _.~ Y'/( sg--;r... - Cf~ ,)~g --2.373 25 '//) e /SrJj Sf #JfY;Plfb ):1:2-.<)l/t1 26 /g6 W"SfS:-L- eJ. I ('} I f)' r fJO t,)lj rj r~ cJf r -SSh -Q~;ll 556,;). ';J~I ~ 1-2.2. ( t(! Petition opposing Ordinance 84-04 for exterior storage trailers and containers. We, the undersigned businesses and individuals are united in our opposition to Ordinance 84-04, enacted by the Dubuque City Council on December 20, 2004 and we hereby petition the council to revisit this ordinance since it will create economic hardship to these businesses and individuals. In addition, we ask that the enforcement date of the ordinance be stayed until such time the City Council can re-evaluate the consequences and receive inpute from the opposing parties. Address Phone 32 33 ()/tK ST~ 34 CIJSH 'CO. / tv C! . 3{.O~tJES{Y:rul" jf /D61.: 31jtJ ..P{1IJ,"'d4h Lv,. ~ 7';;'p 35 !)) tlabrh ~lf~tJ ,r ...,..~ /670 JPKI2J> Q;:G ~3 c.:) o I ~ Ce-N1'R.AL A V . 5'61071€ I..\~ &,,~~c{J ~c- S"S(o - "8<.0\ le 41 I t "70 E I <-tA. ~-f 5)-" g I O<J /2.'50 f 1:2..51- 5'g'f-;) 31ft $Co 1;:. (I.{ '-r't-t <;; v. S8'o-~'?3 ~-S35'(j ~JJu ~a/"14 Petition opposing Ordinance 84-04 for exterior storage trailers and containers. We, the undersigned businesses and individuals are united in our opposition to Ordinance 84-04, enacted by the Dubuque City Council on December 20, 2004 and we hereby petition the council to revisit this ordinance since it will create economic hardship to these businesses and individuals. In addition, we ask that the enforcement date of the ordinance be stayed until such time the City Council can re-evaluate the consequences and receive inpute from the opposing parties. Company &/or Individual 46 S'MoV'1 C~,t.tPf,l 47 49 50 51 L /f'l :;; e,..) . pro ~/Iee.... to. 52 lIeqrkl~/cJ - r. t:Jco),:r~ ~u/Ve. Sf\w...~ ~e~v 53 t ~I-- /)J J(//lq-lllleNtk,;/{j >>-""" IG:\ L-E J H""- K.?\ LB 60 ~13 ( 5q Address ~J CJ U ,J./LJeIt'7til j/ID kI~ ~ -e~~~ ~J-6 f'/f~J~ /7tf:J$:..-#, Lftu €' Ivr2 ~ 8'8?J eevfrJ ft,;e,. j)1J,). 150'75" pellfr/>'1/..v4tJIA J)v,' V'L:x. 0 vvA. .J 7 (/ 1- A-/ic--'& U /l..j ..0 vi_ fA. ~ {Jck~ ~ .lc,....s-s S-, -.S' JO n-e,.S s: 1., Phone ":sg'i'~'ii 111 .,{IJ/Ip $';'3 ...j"1)/~ !;>-~'3 :5 5'7 J. 557-7/b S)~-/HJ SSf.;;-;;>sCU 1 ~9- f. ;. tI r.. orAj7.J~ 5HZ -/ ~(J6' $--;;"" -IF SS ~~~ (j)~ )S'o S;; 0( r;, ~ J~ S57- 17> 0 Petition opposing Ordinance 84-04 for exterior storage trailers and containers. We, the undersigned businesses and individuals are united in our opposition to Ordinance 84-04, enacted by the Dubuque City Council on December 20, 2004 and we hereby petition the council to revisit this ordinance since it will create economic hardship to these businesses and individuals. In addition, we ask that the enforcement date of the ordinance be stayed until such time the City Council can re-evaluate the consequences and receive inpute from the opposing parties. 61 Company &/or Individual IYlOfSe. E ,~ c.+; ,e.. 62 ZefA7( Alv#tlnvW) 63 Wu,z.e..llOwin 64 n . ~ f'e+ev~Lo . 71 72 "'~n-.ONJ ~ ~~"',.flj 74 Address '37-S s mo.',,,., PhoDe S6'-o.~i S..5.~ f/J/tfl $1 6gg>;?CJ 36 .1.75' SolLi1L- s+ 55~-lJ-f80 15t5] 8 e+ 5;l tJ 55;;.-/ t..-j DD -.JuLIe-oJ P...J('Jv~v S'S7~ 7'167::> gOIJ jVJ-(!}V ~ _ ~,Slo-s-33 S'l :? ~ :i? 9 1ge~ cf; 58Y 'I 73 .~/ /' _c~. ~/ -.J ."r. 0 I., ':/t::. 58). -s 47 Ljoo cqs! 11'/cP S ~ s'o -3c) b '1 '2. i f' J';I; %I. s-~8'- L( LI9 b SCfO ~~t" ia\-4 oB3-1\3~ Petition opposing Ordinance 84-04 for exterior storage trailers and containers. We, the undersigned businesses and individuals are united in our opposition to Ordinance 84-04, enacted by the Dubuque City Council on December 20, 2004 and we hereby petition the council to revisit this ordinance since it will create economic hardship to these businesses and individuals. In addition, we ask that the enforcement date of the ordinance be stayed until such time the City Council can re-evaluate the consequences and receive inpute from the opposing parties. Com any &/or Individual 76 Itlal/JelVf ~;J'I- Address PhoDe ;2/!jf ~e'(t el....L S-~7 $0 oiL ...--- ') ! t:2--tr j/k I ,v 750 (,e~(). r C'C >" So I <;)'t3 -7 -5 ~ S?!5-~7 L{ Cf 79 II ,.".,., Ur- ."../,.1..- 80 I~ &A. t/SYrr- ~.:t-.......vc LLT S~> -f)f 1. ~- 1'I7.f" ;ftIoc,.,.,'"fJ ?}or. ~r7'-C; CJSl. 81 1J. )b? En 82 83 4. 84 (~..vN fl( R;4.lj ~~ ~ ~ 85 KlIyC,.J..ytr'Vt)Pll1..J. ~c:. r// I //J(/1';;A- 'Olft., tlJtl#~ 124' JJf-.2/?/ 5'90/1 ill 86 ~ Y lily Nc(); "3 + s.J.s c :JJtJo 71:.h 1 V<IJt/ pr- !"9ti l7i; 3 87 Ibfr6 e"-s-I I~+~ Sf sf"( 1C(3S r51'l~'1 Ker}'.r lJl"tt/ 6-S'.6~71 88 OLe-( I ~f\J 89 w~s \ \iC!.-, 2?~'5 ~~12- gL~C>. 5t>B.Df5,7 90 Ge<'S(ey- Br;f1..v-!~ . JLfo E. rJ~5+ ~ ~ q J -7.s(~ Petition opposing Ordinance 84-04 for exterior storage trailers and containers. We, the undersigned businesses and individuals are united in our opposition to Ordinance 84-04, enacted by the Dubuque City Council on December 20, 2004 and we hereby petition the council to revisit this ordinance since it will create economic hardship to these businesses and individuals. In addition, we ask that the enforcement date of the ordinance be stayed until such time the City Council can re-evaluate the consequences and receive inpute from the opposing parties. Company &/or Individual Signature & Print Name Address Phone 91 !l j;,ItAS SA/C/4/r 92 ,.-ed WIt 93 94 L /cJKltt S5~>>72- ~' /1 ". , V < Ik;-yvW Lt.!? 9' 1: / 'J- 5 1 l~ 41 95 Pf-t' f~v-f,~'-1. 0, ) ~ L Loll/) P. ':U 13 (, t2 ftl(-' - ~ S'51-1d ).l.. ~-S- /-'I<.-LL' j &c,.. Av~' 5S~.- p'fAf if 96 c: Ii t< . ..-,/ ~~,_?~ ? IG1 ~ 12 e-tJ- 58]~Qc. 97 99 G(~r;, Co., 2/2'S K,; f2V ('2.... S-(t, ..,) / ~ / 5'6S -,2023 100 ~~y\ ~v v~ T ~YJ~ S?5'-7'7P/ 101 ~3' ,;)S-3B' (Qj53-' SF^/ I~} Syt'//7:..~'- 8 ?7~f-&tK5 Ytl g?-~~ ~\Jf\tJ iS~oJ Sg347'2.\ Petition opposing Ordinance 84-04 for exterior storage trailers and containers. We, the undersigned businesses and individuals are united in our opposition to , Ordinance 84-04, enacted by the Dubuque City Council on December 20, 2004 and we hereby petition the council to revisit this ordinance since it will create economic hardship to these businesses and individuals. In addition, we ask that the enforcement date of the ordinance be stayed until such time the City Council can re-evaluate the consequences and receive inpute from the opposing parties. ....;. .../ Company &/or Individual Signature & Print Name Address r;-'d 7 S"" tJ!,1t1/~~ U Phone ~-~~- ~11 108 '~2~.?1f~p;,r //f",dt/; 5;:-;'7, -v~ /t' 1055 ~t7.lr 11P7~ G,. JJU<.("~'.{;'" al5~ <J.'o-lf7 ~~ "~;r3r' S~5-D393 107 109 (d~ 1 ' ~/( 110 Ge. /( T"f./f.. 111 Verb I\~s 112 RA,,,,-,BO 0 It... La '22.sS e '-00 b~^' b",...., fhJf'sOl 114 Se/to:t:;~ ~~~ k ,/ ;/:-r 115 ~\~"- c'1r~'5t ' ~ --- .'l '~~ , S -e,v.(. h\,-~'rM 116 R~Ft1rtf 'fHtl.cr ~, . ,M ,1/t,j-1.- I J Ifc- / /"" lfe~1"4Il-T}.J "I.. ~e;~ , rr l\~iH. s;~~~:J . ~ 113 "'1A /IJ IJ ttf\ 1i~ (; y 01) f!l4rrt'st--.J 5-1 /~ .5" rUt/I" ltul) Ro~t){ W-tt J 716 c.eNr~t- ~vc.. 117 -,,;{ '-:;.r :J;;... , ..... . 5.90 ;.f~.". 51 l ,----,. lef:-d~C\ t (~\ 0Ji 3~30 .c>~A \.u ~', +e <S'(C~ 118 ~.rc\l~,Sc"'~ /11 T:! L~/ /)11'1,/ 119~U I ~ ~yjL. i-L-L . t.D.CIO Do~ .:> S \. S82-7'2q I f]- 7---Il DO S-j~.;2 Lf J'I ~Z?'3 (7~i.{ ~SJ-)?~~ 5$6-~#1 Ss ~1S7'i s..cac~8S /) 5d'FC7S~ Petition opposing Ordinance 84-04 for exterior storage trailers and containers. ,/~ U We, the undersigned businesses and individuals are united in our opposition to Ordinance 84-04, enacted by the Dubuque City Council on December 20, 2004 and we hereby petition the council to revisit this ordinance since it will create economic hardship to these businesses and individuals. In addition, we ask that the enforcement date of the ordinance be stayed until such time the City Council can re-evaluate the consequences and receive inpute from the opposing parties. () 127 )f,~,sl ( BLtI( ~\A.s fA){ 128 LA"'ld L1'D 129 130 131 Ie ( eo.. i ee'Q ,I 132 '4 " c \. 0. e.\s:) 133 '. I Dv ~\Zf,kS 0 134 135 123 Ve.ss e..\ S'{s4-tWos Address Phone III > 2-20 .!:7U ~ - j'i :J- '1;b9e:,C <;71 5'J-Ob) 91r3 'lJIJ / {:~ tlJEsrTS/.U: e. S6,3~-sy y U4,5 IA... ~~A'~ 'COlor C~"'V'Q.V\t. \l~ Dr S,~.1'9'r.7c.w vv'o rl- $'2. OC>:L.. ~oo ~!kJ/U gr \\ \ --. dJ~~. . j 3 :)1 3(;{ ~JJo,\ 1" S/S-O WDLS- Qd S06 (;:~:flZh'r:t. Avr: 6S~.~~K l2-D !5b?:>) Ef51- I~J t;1e3 ~ lfss W f\1ev\o.\ Listing of companies &lor Individuals opposing Ordinance 84-04 for exterior storage trailers and containers ABC Supply Co. Adams Sinclair AI's Garage Alter Scrap Processing APEX Concrete Arrowhead Trailer Art Pape Transfer Artic Glacier Ice Beidler Towing Blum Company Bob McNally Bradley Iron Works Inc. Broughton Auto Brownie's Auto Salvage Bruggeman Welding Burt Steve & Son's Garage Butts Florist C&K Realty Callahan Construction Carpet One CASH Company Christensen's Florist Conlon Construction Company Connor Refrigeration Crescent Electric Diamond Jo Casino Dubuque Appliance Center Dubuque Area Steamatic Dubuque Discount Gas Dubuque Fireplace & Patio Dubuque Furniture & Flooring 250 S. Main 1081 University 1005 Century Circle 180 Harrison St. 45 Jones St. 1505 Rhomberg 1080 East 12th St. 19 Nightengale Lane PO Box 1756 411 E. 15th St 2960 VanBuren 2345 Kerper Blvd 95 Westside Ct 466 E. 12th St. 165 Westside Ct. 3366 Crescent Ridge 2300 University 3110 Washington 7629 Commerce Park 587 University 3606 Crescent Ridge PO Box 1196 1100 Rockdale Rd. 3119 Jackson 215 S. Main 400 E. 3rd St. 2600 Dodge St. 500 Huff St 4110 Dodge St 925 Century Dr 430 Garfield 557 -9920 556-2272 583-9202 552-2857 582-1208 556-1391 588-1435 556-7626 583-9900 582-5409 583-4721 588-0577 557 -7500 557-1644 588-3474 582-5082 538- 3551 583-5716 588-4273 557-7212 582-1719 580-9331 583-1724 599-2131 583-6441 590-3046 556-7454 556-5821 538-9889 582-5156 556-3616 Dubuque Glass Dubuque Hose & Hydraulic Dubuque Mattress Dubuque River Terminal Dubuque Stamping Dubuque Thermal King Edwards Concrete Contractors Inc. Ellis Power Family Dollar Flexsteellndustries Floor Emporium Floorshow Corp. Flynn Company Inc. GCR Tire Geisler Brothers Co. Giese Company Goodwill Industries Grove Tool Hanley Auto Hansel Builders Hawkeye Truck & Trailer Hendricks Feed & Seed Co. Hodge Company Hurst Logistics ICE Railroad Joe Duccini Kane Services Key City Moving & Storage Key City Recycling Key City Transport Inc. Kirchoff Distributing K-Line Sales & Service LAMCO Ltd Leggett & Platt Linden Propeller Co. 801 Cedar Cross Rd 500 E. 14th St. 3220 Dodge St. 5 Jones St. 32nd & Jackson 1270 E. 12th St. 5115 Wolf Rd. 3357 Jackson St. 2013 Central 3200 Jackson St. 4370 Dodge St. 1475 Associates Dr. 800 Julien Dubuque 10435 Bronzwood 340 E. 12th St. 2125 Kerper Blvd 2121 Holiday Dr. 3230 Dodge St. 1030 Century Circle 439 Tamarack Ct 1190 Roosevelt 880 Central 1111 Purina Dr. 2491 Kerper Blvd 506 Garfield 270 Rhomberg 14858 Hwy 20 2300 Twin Valley Dr. 3270 Dodge St. 1020 Century Circle 5035 Chavenelle Rd 5075 Pennsylvania 12998 English Mill Rd 2459 Kerper Blvd 480 E. 14th St 582-5475 - 582-4673 582-9144 588-4641 583-5716 556-8100 588-2026 582-1733 582-0728 585-8118 583-8222 557 -9952 556-5334 583-8238 583-7363 588-2023 557-3158 588-0536 583-7220 599-9433 557-8170 556-1401 583-9781 556-2161 588-4029 543-2088 556-2068 590-1343 582-2388 590-1343 556-8911 556-2593 599-3388 556-5871 557-7767 LINK Hydraulic Luber Construction Matod Can Company Matthews Distributing McClain Fence Company Michaels Arts & Crafts Midway Motors Mike's Auto Center MOLO Oil Company Morse Electric Mulgrew Oil Mutual Wheel Co. Newt Marine Northend Wrecking Oak Street Furniture Paulson Electric Perfection Oil Co. Peterson Logging Rafoth Sheet Metal Rainbo Oil Company Rettenberger RV REX TV Rich & Junnies Coin River City Paving River City Stone RSC Equipment Rentals RUAN Transport Sara Lee Bakery Group Schuster Heating & Pump Selco Inc. Servpro Sharons Furniture Shopko Simoniz Car Wash Slumberland Furniture 180 Westside Ct. 2561 Front St. 5150 Wolf Rd. 2459 Kerper Blvd 5095 Pennsylvania 2455 NW Arterial 1745 Elm St. 1055 Century Circle PO 1540 359 S. Main 85 Terminal 30 Jones St. 5 Jones St. 55 W. 32nd St 4370 Dodge St. 685 Century Dr. 2655 Lincoln Ave 15078 Route 52 N. 1766 Central 2255 Kerper Blvd 5200 Old Hwy Rd 4099 McDonald Dr. 2095 Kerper 12567 English Mill Rd. 12567 English Mill Rd. 390 E. 12th St 2150 Kerper Blvd 25 Main St. 100 Westside Ct. 15 S. Main 1044 Iowa St. 3400 Central 255 JFK Rd 3199 University 4390 Dodge St. 556-2551 583-3126 557-1888 557-8811 583-2588 557-1529 583-9146 588-1858 557-7540 556-0828 583-7386 556-0800 557-1855 556-0044 582-9609 588-2373 556-8444 552-1452 583-5766 582-7291 557-8686 582~10 588-1083 582-8334 582-8334 583-1132 543-1004 583-5791 582-2148 556-2434 584-2242 556-0624 583-5762 583~ 16 582-1095 . . Steel Mart 555 E. 12th St. 582-3726 Stetson Building Products 1015 Century Circle 582-5410 Steve Smith 2255 JFK Rd 590-1708 Steve's Ace Hardware 1670 JFK 556-8030 Tandem Tire 3435 Stoneman Rd 582-3696 Tandem Tire 400 Harrison St. 557 -8300 Target 3500 Dodge St 557 -9800 Theisens Supply 4949 Chavenelle 556-4738 TM Inc. Warehousing 5401 Chavenelle 585-0168 Toys R Us 1300 JFK 582-8697 Tri Cor Insurance 500 Iowa St. 556-5441 Tri State Towing PO Box 932 583-9494 Tri State Truck Repair 3262 Dodge St 582-3530 Tschiggfrie Escavating 400 Julien Dubuque Dr. 557 -7 450 Uelner Tool 4545 Futuro Ct. 583-5125 United Rental 2175 Holiday Dr. 583-3966 USA Furniture 9079 E. Tamarack 586-2547 Valet Food Service 1230 E. 12th 588-2346 Verlo Mattress 2725 Dodge St. 585-0393 Vessel Systems 8025 Chavenelle Dr. 557-7443 Wal-Mart 4200 Dodge St 582-1003 Walser Crane Service 525 E. 19th St. 583-5735 WC Stewart Construction 221 E. 8th St. 588-4496 Weber Paper 4300 Chavenelle Rd. 588-4611 Weldon Tire 1247 Century Dr. 582-3991 Wenzel Towing 275 Salina St. 556-6480 Westphal Electric 750 Cedar Cross 583-5749 White Front Feed & Seed 4290 Dodge St. 556-7575 Willis Auto 1982 Rockdale Rd. 583-9329 Wilwerts Golf Carts 15 Nightengale Lane 557 -8818 Y ounkers 555 JFK Rd. 584-2940 Zephyr Aluminum 555 Huff St. 588 2036 ~, H I ~~- " -. ~ .~ ~ ~ ,.4;. ~ ;; :: .,-.;.:~ '" ~ ~;;;;:.~ ~,'" --,,,:;:: ::- =~> ~f#'~"%.':;-: ~ ~ ... ......"'" ,j"*o , ":;.~f --......;...;.. ~...c I:l ."... !;;l -.,.... tl ~ ~ " .r, ~ '" I:l "I I ~~ , , . ....., .... -..~ -- ~--, I ---' . , . - ~ ....~ ~..'::~ 1.;J " III . ~ . , I I . . $:::t'jG~~ ! .' l:::J .' . ;: f.J . . . - r J~ . " a " l1li /I' III ~ ill III 111111 P III a III iii t. .l ao", .1 VJ..... ~ Jeanne Schneider From: LarryW331@aol.com Sent: Thursday, May 12, 2005 9:03 AM To: rbuoI1@mchsLcom; amichalski@cityofdubuque.org; dnicholson@cityofdubuque.org; jmarkham@cornerenergy.com; connors63@mchsi.com; pcline@cityofdubuque.org; jschneid@cityofdubuque.org Subject: Re: Recent Ordinance Eliminating Storage ContainersITrailers ("units") Honorable Mayor and City Council, Re: Recent Ordinance Eliminating Storage ContainerslTrailers ("units") I have no financial interest in this ordinance...we do not use this type storage nor do any of our Tenants. Our currently adopted ordinance eliminates all such storage and City staff is now reconsidering the terms of the ordinance to determine if it can be made more business friendly. I urge rescinding the ordinance and no new ordinance on this matter. My concern is the City regulating this commerce activity. 1 I am not aware of any incidents where these units caused an accident or any safety issues were compromised. We have had issues of illegal wiring, roof building, blocking fire lanes, etc., that are violations of existing ordinances and could be eliminated by enforcing fire codes and city ordinances. Another ordinance does not seem necessary to eliminate the safety issues. 2 My information is that there are between 500 and 1000 of these units in the City. Every day some of these units move in and out of various locations. If a site plan, with site plan review is required to regulate the activity, it would seem like many meetings, inspections and manpower hours would be required daily. Enforcement of any ordinance to stop the violators, to determine if a unit is "storage," in transit waiting for pickup or delivery, or in transit, would also be very labor intensive. I can't imagine our City could ever collect enough fees to cover these expenses. 3 The ordinance eliminates the "storage unit business" ( The Denlingers) from operating within the City limits. A very high percentage of the cities in our country have this activity and I doubt they ban the business providing this service from operating within their city limits. 4 Many, many Dubuque businesses depend on this storage method to efficiently operate their plants and warehouses. It's not prudent to force these businesses to make other arrangements that will add to their overhead and make them less competitive in the market place. The City would also be weakened by adding overhead dollars to its operating costs with little benefit to the taxpayers. For the above reasons, I urge you to rescind the ordinance. 05/1312005 j - -0- - -- - Sincerely, Larry Wolff 3890 Central Avenue City 05/13/2005 "''''''''~~''''''''''''-''.''''''.''''''''''UU''''''''.''''''''U''''''''......... COMMLriICATION FRIL~ ~T ,................. (mY 12 ' as eel l1AM)"..........I...u. TI-EISD6 ................. at.... ..................... ................ II" .......U........ .................. ...~..... ....... ..................." .1..4. ................. '" ................ ..... ,_.."" ( FlJTO ) . ............ ............ 1tE F'OLLOWIN<; F"ILECS) ~ F'ILE: rILE TYF'E OPTION 004 MEI"KlRY 1)( TEl.. NO. 5894120 PAGE RESULT 00/01 (-3)3)3)3)3) Q 0 (,,./1 -~... II -,'~..". :J--;'::l _..J -~ -n w -) -;-1 , , / V .-. ,.., . ....--.... i-ll '''--' 1-" ,-- ~_. . .' f~-~-) CD ...... .............. ....... .................. II ....................... ........., I"..""".""". ....t............ ............. .......... It ...... ........ ....." u ............... ...... .........,..... ..... ..... ............. II.. II .1 'I =. ~. 5l -! ~t =" :s: .. .= "'0 ... ~; ~~ .01 .~ ERRORS 1) I-AiQ LF OR LII'E F'FlIL 2) E1USY 3) NO RI'&ER 4) NO F"RCSIMILE COt-lNECTION 1> "U. - (!: c.~ Cb-f :a.: I z ~~~~~~ ~~~~ l-) ~ ~~ t ~ ~ ~ . ~ ~ " "t...; \ ~ ~ t( W\ ~ ~\ ~ t -s.osI3<l ~ sa, 2' ^~ 'I l/t "d If iiI ~ rage 1 U1 1 Jeanne Schneider From: To: Sent: Subject: "Anglin, Ken" <Ken.Anglin@slbg.com> <jschneid@cityofdubuque.org> Monday, May 16, 2005 7:52 AM Storage Container Ordinance Mayor Terry Duggan I hope you will turn down the Storage Container Ordinance, or at the very least table the issue until there is more information given to the business community. As Plant Manger of Sara Lee Bakery here in Dubuque I have been selling our cooperate office that Dubuque is the community in which Sara Lee needs to grow and expand our business. With ordinances such as this one the city council will again tie our hands as to how our company can use our property, and we will get to pay high taxes for YOUR services. Our business involves transportation of tractors and trailers. As our business fluctuates with seasonal volume we will be in a situation where we will have trailers that would fall under the new ordinance and would require us to pay YOUR fee and follow YOUR plan. I am writing this letter for all 150 of our current employees of Sara Lee Baking Co. Please help us and let us run our business. Ken Anglin Ken.Anglin@SLBG.com 563-583-7645 \,.'/\ ~ ~ r\("""',\\\.,----, ". r:.i '-.. . ~\.' . --" . ,~':->r:\(-~, n . ,\j.\,.J -..\ ., ',' , (~'\ i". -, U d -" b \;.:(, ~'..-' CS~ . \ , . \lj C{31 \\ :J .-.J 05/16/2005 . . . yage 1 or 1 Jeanne Schneider From: To: "Ann Skemp" <annskemp@yousq.net> <rbuoI1@mchsLcom>; <amichalski@cityofdubuque.org>; <dnicholson@cityofdubuque.org>; <jmarkham@comerenergy.com>; <jconnors63@mchsi.com>; <pcline@cityofdubuque.org>; <jschneid@cityofdubuque.org>; <ctymgr@cityofdubuque.org> Monday, May 16, 2005 9:43 AM Storage Trailers Sent: Subject: Hello, I read this mornings paper about the discussion that will be held tonight about storage trailers on private property. I feel the need to write and ask you to consider changing the ban on these containers. My Father has one at his shop and I work for a company that has one out back. These two trailers pose no threat to anyone and are not in the way of anything and we would really like to keep them. We would be more than willing to abide by the rules about wheels and not being stacked etc. Please allow us to keep our storage trailers!!! Thanks, Keep Your Knees in the b~'eeze Oak Ridge Apparel and Awards Ann Skemp {_;r,Jr.:l";ics DeDt. annskerlt P(9Jyousq. rlet ~)O() Huff St. C)uL)uquc, TA ~; 63 -.S 5t',..Oe61 , ,~)C.13 -:).56- Add me to your address book... Want a signature like this? I " ~\\-I'J . ,', <lV, "1,:0 b.. .Z ~~d S \ ),,'j>1 SD .-, -'I, '. ;,i _~.., ',eOJ ~,-l ~:JJ \~:'J lJ ~-J l_l 05/16/2005