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Storage Container Ord. (3rd reading?) Dli~~E ~ck~ MEMORANDUM February 28, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Storage Container Fee Structure The fee structure for the Storage Container Ordinance is set by the City Manager based on the costs of the program. I had previously advised you what fee structure was going to be implemented. Based on further review and discussions, the fee is being adjusted to include a designation for 20 or more units. This lowered some of the other fees. (1 C{ ~~l flk. Michall C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Cindy Steinhauser, Assistant City Manager , , .J . D~~~E ~ck~ MEMORANDUM February 27,2006 TO: Michael C. Van Milligen, City Manager FROM: Cindy Steinhauser, Assistant City Manager SUBJECT: Storage Container fee structure Introduction The purpose of this memorandum is to provide information on a modified fee structure for the proposed storage container ordinance. Discussion A question was raised by an elected official on what the impact would be to the fee structure for the proposed storage container ordinance if the city were to establish a rate for businesses with 20 or more storage containers or trailers per month. The current proposed fee structure is as follows: Annual fee - Temporary license (30 days or less) - $50 per trailer or container Annual license for 1 unit - $100 ($8.30/mth) Annual license for 2-5 units - $250 ($20.83/mth) Annual license for 6 or more units - $500 ($41.67/mth) These rates are based upon an annual estimated expense of $18,254 for inspections. If the city were to establish a fee for businesses with 20 or more storage containers or trailers per month this would also impact the fees for the other annual licenses. Based upon this request I would recommend the following fee structure to include an annual license for businesses with 20 or more of these units: Annual fee - Temporary license (30 days or less) - $50 per trailer or container Annual license for 1 unit - $70 ($5.83/mth) Annual license for 2 - 5 units - $208 ($8.66 - $3.46/mth) " Annual license for 6 - 19 units - $437 ($6.07- $3.60/mth) Annual license for 20 or more units - $2500 (This equates to $10.42 per month for 20 units, $6.94 per month for 30 units, $5.21 per month for 40 units and $4.17 per month for 50 units) These rates are also based upon an annual estimated expense of $18,254 for inspections. Recommendation I recommend that the revised fee structure be established as outlined above. Cc: Barry Lindahl, Corporation Counsel Dan Brown, Fire Chief Scott Neyens, Fire Marshal Rich Russell, Building Services Manager ORDINANCE NO. 26-06 AMENDING CHAPTER 11 BUILDING AND BUILDING REGULATIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VII. EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS ESTABLISHING REQUIREMENTS FOR THE USE OF EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS. WHEREAS, the City Council of the City of Dubuque finds that storage containers and storage trailers used for the exterior storage of materials, inventory or equipment may constitute an eyesore to the community when not properly maintained; and WHEREAS, the City Council finds that storage containers and storage trailers 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 and storage trailers 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 and storage trailers 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. Chapter 11 of the City of Dubuque Code of Ordinances is amended by adding the following new article: ARTICLE VII. EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS Section 11-83. Definitions: As used in this article, the following terms shall have the following meanings: Storage Container - Any enclosed receptacle without wheels twenty (20') feet or more 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. Storage container also does not include a truck trailer or semi-truck trailer while it is actively being used for the transportation of materials, inventory or equipment. Storage Trailer - Any enclosed receptacle with wheels twenty (20') feet or more in length designed, built or intended to be used for the shipment, transportation or storage of goods but not including a construction trailer. Storage trailer also does not include a truck trailer or semi-truck trailer while it is being used for the transportation of materials, inventory or equipment. Section 11-84. Storage Containers or Storage Trailers Permitted; Exemptions: This Article shall apply to use of any storage container or storage trailer for the exterior storage of materials, equipment or inventory. Notwithstanding the foregoing, this Article shall not apply to the following: (1) Storage containers or storage trailers attached to a loading dock, construction trailers or containers or licensed and federally inspected vehicles such as a truck trailer or semi-truck trailer while it is not being used for the storage of goods; (2) A business that rents storage trailers or storage containers to others. Section 11-85. Required Conditions: Storage containers or storage trailers permitted by this Article shall be subject to the following conditions: (1) Storage containers or storage trailers shall not be stacked; (2) Storage containers or storage trailers not connected to a loading dock shall be located not less than 20' from any building and shall not block any fire exit doors of the building; (3) Storage containers or storage trailers shall at all times be kept good in appearance and shall not be in a state of neglect, including, but not limited to, substantial peeling paint, rust holes or missing or broken parts; (4) Storage containers or storage trailers shall not have any attachments such as utilities, roof, siding, stairs or other conditions such that the container or trailer constitutes a permanent structure unless such container or trailer complies with all applicable electrical and building code requirements; (5) Storage containers or storage trailers shall have no goods or materials underneath the container or trailer; (6) Storage containers or trailers shall not be used for the storage of hazardous waste or materials unless the container or trailer complies with all applicable federal, state or local regulations; and (7) Storage containers or storage trailers shall at all times be kept secure; and Section 11-86. Permit Required: No person shall use or maintain or permit to be used or maintained an exterior storage container or storage trailer without first obtaining an annual permit therefore as provided in this Article. Section 11-87. Application for Permit; Site Plan: An application for an exterior storage container or storage trailer permit shall be filed with the City Manager on a form provided by the City Manager. The application shall include the following information: (1) The name, address and telephone number of the applicant; (2) A site plan which shall be a dimension drawing showing the following: a. North arrow; b. Property lines; c. Location of all structure(s) on the subject property, including dumpsters, and dimensions; d. Location of emergency lanes, location of ingress and egress to the property, location of parking areas; e. Location of each proposed storage container or storage trailer and dimensions from building(s); f. Contents of each storage container or storage trailer. Falsification of information on an application shall be grounds for denial or revocation of a permit. Section 11-88. Consideration of Application: The City Manager shall, upon consideration of the application and the information required herein, approve or reject the application. Section 11-89. Fees: At the time of filing the application, the applicant shall pay to the City a non-refundable permit fee established by the City Manager. Section 11-90. Revocation of Permit: A permit may be revoked or suspended by the City Manager for a violation of any of the provisions of this Article or any other ordinances of the City or the laws of the United States or the state of Iowa. 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. The permittee may file with the City Clerk a written notice of appeal to the City Council from the suspension or revocation. Section 11-91. Variance: The City Manager may grant a variance in a specific case and from a specific provision of this Article based on the City Manager's determination of the following: (1) That there are practical difficulties or unnecessary hardships in carrying out the strict letter of a requirement of this Article; (2) That the effect of the application of the provisions of this Article would be arbitrary in the specific case; (3) That an extension of time would not constitute an appropriate remedy for such practical difficulties or unnecessary hardships; and (4) That such variance is in harmony with the general purpose and intent of this Article in securing the public health, safety and general welfare and does not constitute an imminent danger to the public. Section 2. Effective Date. This Ordinance shall take effect July 1, 2006. Passed, approved and adopted this 6th day of March. 2006. Roy D. Buol, Mayor Attest: ;Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 26-0& AMENDING CHAPTER 11 BUILDING AND BUILDING REGULA- TIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW ARTI- CLE VII. EXTERIOR STORAGE CONTAINERS AND STORAGE TRAIL- ERS ESTABLISHING RE- QUIREMENTS FOR THE USE OF EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS WHEREAS, the City Council of the City of Du- buque finds that storage co~tainers and storage trailers used for the exteri- or storage of materials, in. ventory Of equipment may constitute an eyesore to the community when not prrperly maintained; and \ WHEREAS, the City Council finds that storage I containers and storage trailers 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 utili- ty disconnects; and WHEREAS, the CIty Council finds that storage containers and storage , trailers constitute a threat to public health and safety I beCause they can contain , unknown and sometimes hazardous contents; and WHEREAS, the CitY Council finds that storage containers and storage trailers can be convertid into permanent structures without any practic81 means of complying with building and fire code r&- quirements. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE i CITY OF DUBUQUE, I IOWA: Section 1. Chapter 11 of. the City of Dubuque COde of Ordinances ;s amended by adding the fol1owtng new article: ARTICLE VII. EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS Section 11-83. DefinI- tions: As used ;n this article. the following terms shall haVe the following meanings: Storage Container - My enclosed receptacle with- out wheels twenty (201 feet or more in lengttl . signed. built or inteiidild to be used for the shipmer1t. transportation or stor8Q8 of goods and not. belng used primarily for the ship-: ment or transportation of goods. but not including a construction trailer. Star. age container also doeS not include a truck traRer or semi-truck trailer whRe It is actively being used for the transportation of mate-- rials, inventory or equip- ment. Storage Trailer - My en. closed receptacle wtth wheels twenty (20')1Mt or more in length diletgned. built or intended to be used for the shipment. transportation or storage of goods but not Indudlng a construction ~;.... age trailer also ~ include a truck tnIIJet. at semHruck trailer while It Is being used 'for -h portation of materials, In- ventory or equipment. Section 11-84. S\OI1I!Q8 Containers or....~ i Trailers Permitted;...... ltion" This Article Sh.a1.' appiYto use of any stOf'898' con- , tainer or storage tiaIkN' for the exterior stOl'lQlll of ma- terials. equIPT'lliJlllV.... ventory. " NotWithstan~g the f0r&- going, this ArtICle shall not apply to the folloWIng: (1) Storaqe ~ or storagetralIBl'!\~') a loading d~~ tion trailers or ~ners or licenSed~and ,~...Iy inspet?ted a truck tral trailer while" "': not _bIl~ used for thO ..,.. goods; (2) A bus'..... that - stora~e trail81'S or storage . cO~~~II>~.:;;:.-'..""" . ConditiO A' ~:-. s,orllll*" stora\:le tral\8f'll' r~~~~~ ". ti{~rSt~.",' storage . .,.".' stacked~ ' ". (2) Storl!l!............. or storage ......~ ~ nected "'.1'....... rOIl - shall bO.~ "'....... 'hsn 2Il!J.-'..~""""''' and sh.,i'iDt~.. - " ',. ... e'itdOQl&ill~ or st~)a~ohaII",a11 times ....~ ~ ~'f. ~a:;-=- of n..atect, In- 'CIU~;:I;;,:=.-\Imlted ,~ su"".:.. ...... .. .or rust' _ ~, brokens:='Cl>........... (4) .....nc\t sto_ \iiIIIlll.::'-h""",," ha'" .ony:...._~-siil~ sucl\ .. _. .....,-AI. . ~"'or-""'-' ~~a~ 1h8t, . the con- tainert1:r~. ---"- Ih.o time of !1l1o 8Il opil- cotiOIl. 1l1o IcanI .hon pay. 10.1l1o . non- i81Unda1>1o fao .... . \ibII8Il*dbytllo~~Man- ' ,.. . ""OJ I agar. ... Soction 11-90. RoYQCa- tIon of Permit A ~it may be ravoked or.,~ ~ by thO CIty .....- _lor.o _ of.1IirI of .... provIaIor)S of 1hIi.....' _orany_-- Cle!8 of the CttY or "8 taWS of tIlo UnItad Statas or 1l1o _of loW" \ ,The pormIIIoo _ be "",_tilonlOn- tf.- I\OIiCO of the jiiOpoood _ to be taI<- on prior to ..-.oIon or ...ocauon. ll10 ponnItIae may tIIo _tho CIty <;lark . _ _ of BoooaI to tho CIty eouncii.1nlm tho ~ t1: raYOOll- tIon. _11~.1._: ll10Clty may gIOIIt . Yar\InC8 · ape- 0lI\C caoa ancIfIom . ape- oItIc p;g.IoIon of thIa ArtI- . c1abil!!ed on \l1lI Cltyl!an- =::::-- Q/tho (1) l1laIlhon .... practl- c8I ~ or unnece&- UtY hardat>iPlIln ClVIYiIl\l' out tho atrict_ofa... qu_ofthlaAr\iCle; . (2) lhaI1l1o affact of1l1o I<iciIIcalIon of 1l1o proIII- lIOns of thla ArtIcIa Would be arIlItrary In tho epocIfIc COM; (3) Thot an __ of \lmO wou\d not conati\UtO an ~ ramodY lor oucI1 pr8cIIcaI dIlftcul\lOS <<u.-.'-:'I -. hartJ8htpS; and J (olll1lal__1a In__thogoner. 01 pUIIlO!IO ancI In\inI of thIa MIcIa In --"'9 tho public health, _ and QonoraI _ and - not QOI'lOIIIUlO." Immlnont danglfll>tIlo oubIIO. _ 2. fillootiva Doto. ThIa 0IdInIn00 _ take ~1.2OOll. .~and adaI>'O<!.tl)Ia 2nd '*"t of . Mari::h. 2OOll. /01 Roy D. BuoI. Mayor - IaI JoanhO F. Schneider, CMC. CIty C1<<k pubIIohOd oftIcIaI/y In tho ToIoorOPh HIrakI -po- ~1{ilhdayofMarch, /01...... F. SOhnai<lO<, CMC, CIty Clerk 1'3115 STATE OF IOWA DUBUQUE COUNTY {ss: CERTIFICATION OF PUBLICATION I, Bev Engler, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State oflowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 15, 2006, and for which the charge is $62.21. "6,) LJOy-- Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /~ day of/JJt'A~/.1 ,20~. . ..A..... ;~r- ,:.." MARY K. WESTERME'lER Commls8lo'n Number 154885 My comm. E-x'. FE-B. 1. 2008 _ uoodtor \hO ..-- ~oI~ii\aterI8II.In.- .......ritYor . s.c\IC<' 11 S\<ll'IQO ,~or S\<ll'IQO \TrellOlS f'e<l1\lt\ed;e.om. P- \lOllS' ".. Art\clO 011III opplY 10 _of8fl'l~con- _ or _ ...... tor ~~~ofma- Wf- '8qUIP"--~- r:il \n~ ,~lhO- " ~~-M\l:li sh8II not iIloIYIOIIW~' ~~~ . ;;.ana dl>CI<. ........... ...on~ir.!~ or cCnta\nO!:' or _..,- ar<I federaI\Y (_.::.:.....<'~-.uct>. ~~iTeaml-iiucI< ~ t'~\O;:" ~ ~ -...' ...,..-"'-' . .~ or IlIOl8QO . ..-. ' ~i1'" ~ ~"""",,;\ -~.-~ Si~~' jloll8'. ~~:; ~~~or ,,~::.:-~ ~ =~~od. ~ :::r~e*-J1: .(31- ""'....- or ........~ ol18II ~ llIi itiiio(""'= ':;:t~'fi. !:':~a~.'..of ~ .In- . not ilinI\OCI to. ,-,~ ....'~iir _ or .~~~or ..... .......oIIIII,n6t hOi'I<I~,,,,,,," IUclI ~_ ,. ....~JI!t \nlI. ..... or - ...-.- .- II!Ch tIlIIl,.11la con- .......ortrallOl'~ f.:::'~~ ...~.~..--- cabIO~ L~1t".~ no w--:::- or. ... un-- dIriio&Ib IIW ~ or traI\Ir, ~.= :r-'"-oIl'!~ torthe- .--. OUS _ or.~ un- _IIWCon\&I"'l!ortreller com_'!"'holl~- b\8~'_orloC8l .,.;Iat\OOll: and ..~~~ ~mea Ila kIF'''''''-; and 5actlat' 11*. f'e<l1\~ ~\Alll:' " ~~"::; used or ~.en ex- tenor IlIOl8QO ContaIn"': or ~..""""~.... fo1l\, ~. In tIlIaNl!de- \ SoclI<!!' 11,sT. N:i</IC&- lIOlltor~SlI8I'lon: ",,~lL.~kren"~ tenor-i:QnlaIn"!.!. ..OftIIIOltIIIl8I'~"-' 1la1\lid.vO\ll. theCIly.~- age< on a10m' ~ t>J the~,=,",~ ;;\ ~-.'~"" and ~ number off ~~~~I' be . dl~ ",.~.nQ ShowInQ!hO _lnQ: ..NoIlI\-' , b. "'-'Y~; c."~' of oil ~s) on \hfl sublsct, ~-ps\IlIl. d.i..Qo8t\OlIof~ I..... \ocaIIon of InQ- andOll"""!IOIt1.~' ~~J,~ ~_cc.-or ~ _ and dlmon- sIof\St\'OIObu\ldlno<. s); ,.~olsod>itc<1IQO ~or--' FBislficalIon oleintom'": tiOlIonan~OoIicalIOlIst18II . be gr<>undSW< dOnlal or ~ol'""""~' ~ 11.a8.COns\d8l'- st\OlI of AW'\CIlIIon: Tl10 CII'!.,~ shOll.. ' upO". (lClOO'U"'.,-.. of \hfl ' ajJpI\COIIOn and the \ntcr- n\I!lIOlIl9llu\rOd~:: ,~orr9jsct\hfl don. ssctIOlI11-8ll. F-,r I D~~~E ~~~ MEMORANDUM January 25, 2006 TO: The Honorable Mayor and City Council Members FROM: 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. These containers are similar in size and appearance to a semi-truck trailer, approximately 8' x 40', some can be stacked on top of each other and some have wheels. 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, 2004 and 2005, the Dubuque Walmart store had over 50 storage containers behind its building for the storage of inventory. This equates to approximately 16,000 square feet of storage space outside of the building, or approximately 7.76% of their total square footage based upon their current size of 206,183 sq. ft. These storage containers present a threat to public health and safety because their location blocks or prevents proper access to buildings and the building roof, building exits, emergency exits, fire stand pipes and connections to sprinkler systems, utility disconnects as well as restrict ambulance and fire department access. These containers are located in highly populated areas in commercial districts throughout the community and in downtown where they are adjacent to large, older structures. It is important to note that 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 (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 sometimes hazardous contents. This is of particular concern with the Homeland Security Act where we have large, unexpected containers with unknown inventory located inside them adjacent to high-traffic areas or other similar containers. City staff has spent the last several months working with a committee from the Dubuque Area Chamber of Commerce to craft an ordinance to create a safe situation for citizens as they frequent businesses in Dubuque. I want to offer my appreciation for the efforts of the volunteer Chamber Committee members and my apologies that this process was not begun before this issue was originally presented to the City Council. Everyone could not agree on all points, but I believe the ordinance being recommended by Assistant City Manager Cindy Steinhauser is a reasonable compromise. This issue of storage containers has been one of the more difficult issues I have had to deal with as City Manager. I empathize with the businesses that want the flexibility in their inventory and find the rental of storage containers as the easiest way to provide that flexibility. However, what the City could not ignore is the fact that these storage containers are not being used in a safe manner and are creating a public safety hazard that will eventually cause a tragedy where a citizen or citizens will be seriously injured or worse. In order to attempt to create a safe situation, the City could either prohibit the use of containers or establish a review and inspection program. The Fire Department has documented that there were 276 unregulated storage containers in the City on 96 separate properties. The recent proliferation of these storage containers throughout our community has created a situation where the City does not have the appropriate regulations, adequate staffing or funding to create a safe environment. The recommendation includes a site plan review process at a cost of $130 one-time fee (if done by April 1, 2006, it would be only $99) through the Building Services Department. 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 would be clearly identified along with other important items such as loading docks, dumpsters and ingress/egress. In addition, the site plan would identify all the acceptable locations for containers or trailers. The following would be conditions of the site plan review: . Require minimum 20' separation between the building and container(s) or trailers to provide access for fire service as well as maneuverability around corners; . No stacking of containers; . No storage allowed underneath containers or trailers; . If attach to electricity, roof or other utilities, container or trailer must meet electrical code and building code; . Site plan on file with Fire and Building departments; . Containers or trailers can be closer than 20' from each container or trailer as long as there is a minimum 20' separation from the building; . Can have wheels or no wheels; . Must be kept secure: . Must be kept in good appearance, no junk trailers (cannot have substantial peeling paint, rust holes and/or have missing or broken parts on body of trailer); . Cannot be used for the storage of hazardous waste or materials unless complies with all federal, state and local regulations governing the storage of such waste or materials. The annual licensing fees would be: Temporary license (30 Days or Less) Annual license for One Unit Annual license for Two to Five Units Annual License for Six or More Units $50 permit $8.30 per month ($100) $20.83 per month ($250) $41.67 per month ($500) These rates are based upon an annual estimated expense of $18,254 for inspections. City staff has significantly compromised to recognize the needs of the businesses that use the containers. Originally, the recommendation was to prohibit the use of storage containers. The attorney for the storage container business has contended that the City's concerns about storage containers are all about getting more money for the City. However, the prohibition would have created no new income for the City because there would have been no review and inspection process and no permit fees. Obviously, the City's concern is safety. I n response to the needs of the businesses that use the containers, this recommendation allows the use of storage containers. However, to provide a safe environment for the public, there needs to be a review and inspection program. This program must have a source of funding. There are two choices to pay for a review and inspection program. The costs can either be recovered through property taxes or an administrative fee can be created as a part of the storage container review and inspection program. In either event, however, the costs must be recovered with continuing annual revenue because the program will create a continuing annual expense. The State does not allow the City to charge a fee higher than the administrative oversight costs. I understand the concerns of the owner of the storage container rental business. Any fee will suppress the amount he can charge for the containers and will reduce his profits. However, I do not believe that this should be the overriding consideration as this issue is considered. I respectfully request Mayor and City Council approval of the recommended storage container ordinance. A ,{/J'1 ;1 ..J VVVJ I t~ ~ Mi'chael C. Van MilITgen MCVM/jh Attachment cc: Barry lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Steward Sandstrom, Dubuque Area Chamber of Commerce President & CEO Dli~~E ~ck~ MEMORANDUM January 24, 2006 TO: Michael C. Van Milligen, City Manager FROM: Cindy Steinhauser, Assistant City Manager SUBJECT: Exterior Storage Containers and Trailer Introduction The purpose of this memorandum is to provide a recommendation regarding the regulation of exterior storage containers and trailers. Backaround The City of Dubuque has seen an increase in the use of exterior commercial storage containers and trailers by commercial retail businesses such as Walmart, Lowes, HyVee, Shopco and Vallet to name a few. These containers and trailers (which I shall commonly refer to in this memo as containers) are similar in size and appearance to a semi-truck trailer, approximately 8' x 40', some can be stacked on top of each other and some have wheels. 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, 2004 and 2005, the Dubuque Walmart store had over 50 storage containers behind its building for the storage of inventory. This equates to approximately 16,000 square feet of storage space outside of the building, or approximately 7.76% of their total square footage based upon their current size of 206,183 sq. ft. Attached are photos of these storage containers where they are used in large quantity. As shown, these containers present a threat to public health and safety because their location blocks or prevents proper access to buildings and the building roof, building exits, emergency exits, fire stand pipes and connections to sprinkler systems, utility disconnects as well as restrict ambulance and fire department access. These containers are located in highly populated areas in commercial districts throughout the community and in the downtown area where they are adjacent to large, older structures. The containers may also contain unknown contents which may present a hazard in emergency situations. It is important to note that these containers are not subject to the 1 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 (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 sometimes hazardous contents. This is of particular concern with the Homeland Security Act where we have large, unexpected containers with unknown inventory located inside them adjacent to high-traffic areas or other similar containers. Construction companies and contractors use these containers, referred to as a "trailer", to serve as a mobile office on a construction site. A typical construction office consists of one container. In response to these potential safety hazards, 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. City staff met on six separate occasions from February 2004 to December 2004 to discuss options related to regulating these containers. 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. After adoption of the ordinance, city staff visited with representatives from the Dubuque Area Chamber of Commerce and Greater Dubuque Development Corporation to discuss the impact of the ordinance. On April 5, 2005 you met with Attorney Mike Coyle who represents Bill and Carol Denlinger of Heartland Storage to discuss this issue. On April 27, 2005 a meeting was then held with city staff including yourself, Corporation Counsel Barry Lindahl, Associate Planner Kyle Kritz, Building Services Manager Rich Russell, Fire Chief Dan Brown, Fire Marshall Scott Neyens and myself and representatives from the business community including Steve Conlon of Conlon Construction, Jim Theisens of Theisens Inc., Tori Anderson of Micheal's, Paul Fahey of Rainbo Oil, Steve Selchert of Steve's Ace Hardware, Larry Wolff, Rick Dickinson of Greater Dubuque Development Corporation, Attorney Mike Coyle and Bill and Carol Denlinger of Heartland Storage. The purpose of the meeting was to review concerns over the adopted ordinance prohibiting storage containers. City staff presented the attached list of regulations (Attachment 1) for the purposes of discussing a revised ordinance that would allow these containers under certain conditions. Upon review of the attachment, the businesses indicated that the following items were of greatest concerns: limitation of one storage container per property, road wheel requirement, twenty (20) foot separation requirement, the $50 monthly license fee and the time limitation. 2 As a result of these meetings, the original ordinance was repealed and city staff was directed to come back with a recommendation to create a safe situation for the public by regulating these containers and trailers. In May 2005, City staff presented a revised ordinance for City Council consideration that attempted to address the concerns. However, after reviewing the recommendation, City Council directed staff to work with representatives from the Dubuque Area Chamber of Commerce to develop a revised recommendation. Discussion Based upon this directive, I visited with Dan Cunningham and Steward Sandstrom of the Dubuque Area Chamber of Commerce and we agreed to meet to review the recommendations to date and to develop a recommendation that could address everyone's concern while still providing a safe environment. In June 2005 a total of five meetings were held, three with Chamber staff and business representatives including Mike Coyle, Bill and Carol Denlinger, Jeff Weber, Dan Cunningham and Stew Sandstrom and city staff including Barry Lindahl, Dan Brown, Scott Neyens, Rich Russell and myself. In addition, city staff met twice to review questions raised and research alternatives. After holding these meetings, and despite city staff compromise on a number of significant issues that did not compromise public safety, this committee came to an impasse as several committee members felt an ordinance was not necessary to regulate these containers despite the opinion of Corporation Counsel Barry Lindahl that these containers were not currently covered under an existing ordinance. In August I met again with Dan Cunningham to review our progress to date and to discuss next steps. We agreed to try and form a committee made up of city staff and Chamber representatives to discuss the process for developing a recommendation by December 2005. Representatives from the Chamber included Steward Sandstrom, Dan Cunningham, Jim Theisen of Theisens, Paul Fahey of Rainbo Oil and Eric Dregne of Younkers and representatives from the City included Fire Chief Dan Brown, Fire Marshall Scott Neyens, Building Services Manager Rich Russell ad myself. In addition, Corporation Counsel Barry Lindahl provided review and input on issues on an as needed basis. This committee has met five times since September 2005 to formulate a revised recommendation. In addition, I met with Dan Cunningham several times in between to discuss progress made and share information. At our first meeting the committee discussed 1) developing a meeting schedule, 2) how we involve other stakeholders and 3) the deadline for a recommendation by December 2005 City Council meeting. Also at the first meeting, the committee agreed to the following process to aid in developing a recommendation: . Review work completed to date - existing conditions and previous proposed ordinance language. . Review where we are at on City's proposed compromise for outstanding issues (what do we agree on or disagree on from last proposal) 3 . Look at other city examples . Compare what we like and what's left to resolve . Recommendation should address the following: permit and inspection (temporary vs. long-term requests) process (different by zoning classification or one-size-fits-all), variance and appeal process, fee structure, exemptions, implementation schedule At subsequent committee meetings, much of our discussion was focused on review of fire and other inspection processes and how the inspection of containers and trailers could be incorporated into existing inspections. Attached are two important pieces of information that were raised during this discussion. The first (Attachment 2) is a memo from Planning Services Manager Laura Carstens dated December 20, 2004 regarding an audit that was in regards to storage containers and trailers. As noted in this memo, at that time there were 276 unregulated containers or trailers on 96 properties within the city limits. The next attachment (Attachment 3) is an analysis by Fire Marshall Scott Neyens indicating which of these sites identified in 2004 would have been inspected as part of a normal fire inspection process. As shown, only 15 of the 96 locations would have been subject to a routine inspection in a normal year. The committee then discussed ways to develop and implement an inspection process that could address the inspection gap identified. Included in our discussion was the estimated time and cost for city staff to inspect each site. The committee first discussed regulation by type of zoning; however, as shown on the attached map, these trailers have been identified in several types of zoning throughout the community and we agreed that this would be difficult to develop. The committee then turned to the concept of a site plan review and permitting process. 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 would be clearly identified along with other important items such as loading docks, dumpsters and ingress/egress. In addition, the site plan would identify all the acceptable locations for containers or trailers. The following would be conditions of the site plan review: . Require minimum 20' separation between the building and container(s) or trailers to provide access for fire service as well as maneuverability around corners; . No stacking of containers; . No storage allowed underneath containers or trailers; . If attach to electricity, roof or other utilities to container or trailer must meet electrical code and building code; . Site plan on file with Fire and Building departments; . Containers or trailers can be closer than 20' from each container or trailer as long as there is a minimum 20' separation from the building; . Can have wheels or no wheels; . Must be kept secure: 4 ORDINANCE NO. AMENDING CHAPTER 11 BUILDING AND BUILDING REGULATIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VII. EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS ESTABLISHING REQUIREMENTS FOR THE USE OF EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS. WHEREAS, the City Council of the City of Dubuque finds that storage containers and storage trailers used for the exterior storage of materials, inventory or equipment may constitute an eyesore to the community when not properly maintained; and WHEREAS, the City Council finds that storage containers and storage trailers 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 and storage trailers 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 and storage trailers 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. Chapter 11 of the City of Dubuque Code of Ordinances is amended by adding the following new article: ARTICLE VII. EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS Section 11-83. Definitions: As used in this article, the following terms shall have the following meanings: Storage Container - Any enclosed receptacle without wheels twenty (20') feet or more 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. Storage container also does not include a truck trailer or semi-truck trailer while it is actively being used for the transportation of materials, inventory or equipment. Storage Trailer - Any enclosed receptacle with wheels twenty (20') feet or more in length designed, built or intended to be used for the shipment, transportation or storage of goods but not including a construction trailer. Storage trailer also does not include a truck trailer or semi-truck trailer while it is being used for the transportation of materials, inventory or equipment. Section 11-84. Storage Containers or Storage Trailers Permitted; Exemptions: This Article shall apply to use of any storage container or storage trailer for the exterior storage of materials, equipment or inventory. Notwithstanding the foregoing, this Article shall not apply to the following: (1) Storage containers or storage trailers attached to a loading dock, construction trailers or containers or licensed and federally inspected vehicles such as a truck trailer or semi-truck trailer while it is not being used for the storage of goods; (2) A business that rents storage trailers or storage containers to others. Section 11-85. Required Conditions: Storage containers or storage trailers permitted by this Article shall be subject to the following conditions: (1) Storage containers or storage trailers shall not be stacked; (2) Storage containers or storage trailers not connected to a loading dock shall be located not less than 20' from any building and shall not block any fire exit doors of the building; (3) Storage containers or storage trailers shall at all times be kept good in appearance and shall not be in a state of neglect, including, but not limited to, substantial peeling paint, rust holes or missing or broken parts; (4) Storage containers or storage trailers shall not have any attachments such as utilities, roof, siding, stairs or other conditions such that the container or trailer constitutes a permanent structure unless such container or trailer complies with all applicable electrical and building code requirements; (5) Storage containers or storage trailers shall have no goods or materials underneath the container or trailer; (6) Storage containers or trailers shall not be used for the storage of hazardous waste or materials unless the container or trailer complies with all applicable federal, state or local regulations; and (7) Storage containers or storage trailers shall at all times be kept secure; and Section 11-86. Permit Required: No person shall use or maintain or permit to be used or maintained an exterior storage container or storage trailer without first obtaining an annual permit therefore as provided in this Article. Section 11-87. Application for Permit; Site Plan: An application for an exterior storage container or storage trailer permit shall be filed with the City Manager on a form provided by the City Manager. The application shall include the following information: (1) The name, address and telephone number of the applicant; (2) A site plan which shall be a dimension drawing showing the following: a. North arrow; b. Property lines; c. Location of all structure( s) on the subject property, including dumpsters, and dimensions; d. Location of emergency lanes, location of ingress and egress to the property, location of parking areas; e. Location of each proposed storage container or storage trailer and dimensions from building(s); f. Contents of each storage container or storage trailer. Falsification of information on an application shall be grounds for denial or revocation of a permit. Section 11-88. Consideration of Application: The City Manager shall, upon consideration of the application and the information required herein, approve or reject the application. Section 11-89. Fees: At the time of filing the application, the applicant shall pay to the City a non- refundable permit fee established by the City Manager. Section 11-90. Revocation of Permit: A permit may be revoked or suspended by the City Manager for a violation of any of the provisions of this Article or any other ordinances of the City or the laws of the United States or the state of Iowa. 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. The permittee may file with the City Clerk a written notice of appeal to the City Council from the suspension or revocation. Section 11-91. Variance: The City Manager may grant a variance in a specific case and from a specific provision of this Article based on the City Manager's determination of the following: (1) That there are practical difficulties or unnecessary hardships in carrying out the strict letter of a requirement of this Article; (2) That the effect of the application of the provisions of this Article would be arbitrary in the specific case; (3) That an extension of time would not constitute an appropriate remedy for such practical difficulties or unnecessary hardships; and (4) That such variance is in harmony with the general purpose and intent of this Article in securing the public health, safety and general welfare and does not constitute an imminent danger to the public. Section 2. Effective Date. This Ordinance shall take effect July 1, 2006. Passed. approved and adopted this day of 2006. Roy D. Buol, Mayor I ....r I ~ II ,~ -...-- , I " I l ) I ~ t ) 1 ) - ) o ~, ,,~ ,'. 'I',:Jr..; "'~~ .::1~ ;; t,ij' ,_'";!1'. " Ii:' . ..)1 , "'! i f [I , J ! I _.....-.-r..:..~.. ~ ~ 1 .,', ~ 1 ~ ,.~. .. ~.,r'" ~ " ~ j ~ f) ~ (]) ~ J j ~ w ::r 'j ~ '\ ~ l u ) - --1 ~............ . ';~I-iJ.~':~. j,;,".", . -':"'; ~ ......,';,,".. '''j,.! :,!ll",,,: ':i~'~J; ".l<<,tt:?;;.. ;.;".r-..f/ ~'f.; ..... I r I Ii j;1:' J~ / .Ii. ,I/L 0., I I, /. "..- . I I r' ...... /,1. I J / ......- I; . I l/ / r 1'1' //l.:~ /~ ( / ~~~ , I t~.. I~.""~":,, IL ..---..' ..."'..\ .j ~~:~;-i;~~'~ -."",".....1 .1<Jltt.~;I~~ ; ~/~~)x~.~ ...~.."._.,,-+t . n .'':f. ....c.\ . ~!~~ ., ,'.,-" , (,;.p'.~,}' ~ !I~t....~...,..\,."'.....- ~"'l i" "'...~-'" b ...--. ... \ j I I) ~ 0\ ~ 7 q J t! ~ r <J ~ I ~ I J \. J 2 ~ III \- ~ ~ 1 J a -.J :2 J B ~ :--1 I I L ~'~ i '. "2.\ Attachment #1 StoraQe Trailer ReQulations . No more than one storage container per property. . Must be on wheels, able to be quickly moved in an emergency. . No connections to any utilities. . No permanent attachment like roofs, siding or stairs. . No deteriorated conditions, i.e., peeling paint, extensive rust, etc. . Must be at least 20 feet from any building, regardless if the building is on the property. No attachment to a building, i.e. ramps or parked at a dock door. . Monthly License Fee = $50. . Employee access only. No customer access. . Cannot be on the property for more than five continuous months. . Do not block the visual location or use of Fire Department sprinkler or stand pipe connections. . Do not block Fire Department access roads. . No storage of hazardous waste or materials unless storage unit complies with all federal, state or local regulations. . Storage units shall be kept secured. . Do not block any fire or exit doors. . Must be kept in good appearance, no junk trailers (cannot have substantial peeling paint, rust holes, and/or have missing or broken parts on body of trailer); . Cannot be used for the storage of hazardous waste or materials unless complies with all federal, state and local regulations governing the storage of such waste or materials. Under this format, businesses would apply for a permit to the Building Services Department and include a site plan as part of their application. The Building Services Department will be responsible for the permitting process but would coordinate with the fire department for review and inspection of these containers and trailers. A company may purchase a temporary (30 days or less) or annual permit for each container or trailer. The permitted storage containers or trailers will be required to display a permit sticker that will be supplied by the city. The proposed rates for this process are as follows: Site Plan review - $130 per plan one-time fee unless plan needs to be amended for business expansion or other request. Exemptions to site plan fee are temporary licenses. This is based on the cost to review and improve a site plan for each business. This is not an annual cost. New site plans may be required in cases where businesses have expanded and the area available for the location of containers and trailers may have changed. Annual fee - Temporary license (30 days or less) - $50 per trailer or container Annual license for 1 unit - $100 ($8.30/mth) Annual license for 2-5 units - $250 ($20.83/mth) Annual license for 6 or more units - $500 ($41.67/mth) These rates are based upon an annual estimated expense of $18,254 for inspections. A summary of the above information including current conditions, cost estimates and fees, is also attached (Attachment 4). As an incentive to get businesses to complete the licensing and permitting process, the committee is recommending that the site plan review rate for the first year if submitted before April 1, 2006 be $99. This incentive is for the first year only; subsequent site plan reviews would be at the regular recommended rate. Once the committee agreed to this recommendation, the Chamber representatives took the recommendation back to a larger group of Chamber members and businesses impacted by the ordinance to review the recommendations. This meeting was held on November 3, 2005 and there was general support for the changes to the proposal. There were four areas with recommended revisions to provide additional clarification on the intent of the ordinance. These items were again reviewed with city staff and we are 5 in agreement with the requested, non-substantial modifications. Once this was completed city staff prepared a memo recommending a new ordinance for the regulation of storage containers to go to the December 19, 2005 City Council meeting. On December 15, 2005 Stew Sandstrom of the Dubuque Area Chamber of Commerce contacted your office to indicate that there were still concerns regarding the ordinance and requested that the item be removed from the agenda. The item was removed from the agenda and I later visited with Dan Cunningham to review concerns. On January 20, 2006 another committee meeting was held to discuss these concerns. Two of the concerns raised were non-substantial changes regarding the wording of two paragraphs and the third was an apparent duplication in the reference to "junk" trailers. City staff, including Corporation Counsel Barry Lindahl, was in agreement with the suggestions and made the recommended changes. The fourth change was a request to include the fee structure in the ordinance versus the standard language which states that "permit fee be established by the City Manager." I reviewed with the committee that, except in a few instances, fees are not included in ordinance language and that this is the standard ordinance language for the establishment of all fees. I then reviewed how fees are established either through the budget process which includes many public hearings or throughout the year as a recommendation that goes to the City Manager and then to City Council for approval. While the committee understood this process, there remained concern over leaving the fees out of the ordinance and that future city management could opt not to take fee increases to City Council for approval prior to implementation of the fees. I agreed to review this final issue with you and with Barry Lindahl who expressed concern that fees are not typically included in the ordinance language. Based upon this feedback, specific fee language is not included in the proposed ordinance. I would like to acknowledge the hard work and participation of a number of city staff who remained committed to this process including Scott Neyens, Dan Brown, Rich Russell and Barry Lindahl. Collectively they participated in the 23 meetings held and provided a great deal of research, information and open-mindedness to an issue that is of great concern and one which represents a threat to public safety and health. I would also like to acknowledge the efforts of Dan Cunningham, Eric Dregne, Paul Fahey, Jim Theisen and Stew Sandstom who brought a fair and balanced discussion to the table and helped city staff understand how this ordinance would impact retail, commercial, wholesale and industrial businesses. It is important to note that in general the committee was supportive of the recommendation and agreed that it is a much better proposal than previous proposals submitted. However, there were concerns raised by individual members of the committee over specific items such as the fees being included in the ordinance itself. City staff attempted to provide information to address these concerns as they were raised; however, some of these individual concerns remain. Also remaining are the concerns of Attorney Mike Coyle and Bill and Carol Denlinger who are owners of Heartleand Storage. It is my understanding that they plan to attend the City Council meeting where this will be discussed to raise their concerns. 6 Recommendation Based upon this discussion, I recommend adoption of the revised ordinance to allow for the regulation of exterior storage containers and trailers. Action The requested action is for City Council to adopt the attached ordinance amending Section 11 of the City Code of Ordinances to allow for the permitting and use of exterior storage containers and trailers. CC: Barry Lindahl, Corporation Counsel Dan Brown, Fire Chief Scott Neyens, Fire Marshall Rich Russell, Building Services Manager Steward Sandstrom, Dubuque Area Chamber of Commerce Dan Cunningham, Dubuque Area Chamber Commerce Eric Dregne, Younkers Jim Theisen, Theisens Inc. Paul Fahey, Rainbo Oil 7 DIU~~E ~<k~ MEMORANDUM Attachment #2 December 20,2004 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager'~ SUBJECT: Storage Trailer and Container Inventory The Planning Services Department compiled the enclosed Storage Trailer and Container Inventory over a six-week period beginning in November 2004. The inventory includes a cover memo prepared by Assistant Planner Guy Hemenway, a map of the identified sites, and an address list of the sites. In addition, photographs of the identified sites are provided for your information in conjunction with the City Council's consideration on December 20, 2004 of the proposed amendment to the Building Code to prohibit storage trailers and containers that are not actively used for shipping.' . Enclosures cc Cindy Steinhauser, Assistant City Manager Barry Lindahl, Corporation Counsel Rich Russell, Building Services Manager Dan Brown, Fire Chief D~~~E ~<!k-~ MEMORANDUM .. December 16, 2004 TO: Laura Carstens, Planning Services Manager Guy Hemenway, Assistant Planner ~ SUBJECT: Storage Trailer and Container Inventory FROM: INTRODUCTION Planning staff was directed to inventory semi-trailers and shipping containers (from here on referred to as trailers) being used for long-term storage within the city. Planning staff has completed the inventory, listing the number of trailers by address, business/property, and zoning district. Each trailer or group of trailers has also been photograph~. The information is provided in a binder attached to this memo. BACKGROUND Planning staff has conducted site visits to all commercially, industrially and much of the residentially zoned property within the community in search of trailers being used as permanent storage buildings. When trailers were discovered, they were photographed - and the address and name of the business property on which they were located was noted. This information was compiled in spreadsheet format and is attached. Staff had to determine if the trailers were being used as long-term storage facilities, short-term storage or have simply been abandoned. A number of the trailers were obviously used for long-term stora e because they either had their wheels/axles removed and w Sl In e ground or on blocks, had permanent structures bUl around them such as C1ecks, ramps and staircases, or had materials stacked around them such as pallets that . made short-term storage unlikely. DISCUSSION Staff noted that trailers are used in various capacities throughout the community and that, lacking a quantifiable definition of short versus long-term storage; designation of each trailer required a judgment call. There are a number of trailers/containers in the community that, while not appearing to be used for storage, may have simply been abandoned and left to deteriorate. . Storage Trailer and Container Inventory December 10,2004 Page 2 As with any inventory, this information represents a snapshot in time. Due to the transient nature of trailers, some may come and go affecting the validity of the information provided. Also, the survey was conducted from the public right-of-way and some trailers may be hidden from view. FINDINGS Stored trailers were discovered on 96 properties throu hout the c' . Most of the trailers were located on commercial an In ustria property but some were located in residential areas. The total number of stored trailers is 276. These trailers are primarily found in the older industrial parts of town, in the new commercial corridors, such as Dodge StreetlJFK and scattered throughout the community on some smaller commercial and residential properties. Many of the trailers have been in place for quite some time as evidenced by their deteriorated state and the weeds and debris that have accumulated around them. Many are rusted, faded, have flat tires, parts coming off and contribute to urban blight. Staff noted that while some large retail establishments have multiple trailers on their property, up to 50, several have none. RECOMMENDATION This memo is provided for your information. If you have any questions, please contact me. GH/mkr Attachment' # Add ress , Company ,Zone! Contents 1 Roosevelt Rd Ext 1180 Riverside TfT HI 2 trailers + junk 2 Roosevelt Rd Ext 1190 Riverside T fT HI 3 trailers " 3 Kerper Blvd 2555 BarnsteadfThermo ,HI 1 trailer 4 Kerper Blvd 2459 Mathews Dist ,HI !3 trailers 5 Kerper Blvd 2455 ARC HI ,2 trailers 6 Kerper Blvd 2345 Bradley Iron Works HI '1 fiatbed trailer 7, Kerper Blvd 2255 Rainbo Oil Co HI 6 trailers + tanker 8 Kerper Blvd 2095 Junies MHI 2 trailers 9 E 12th St 1270 Dbq Thermo Kin9 HI i 1 container 10 E 12th SI 1230 Vallet Food HI '1 trailer w/roof 11 Lincoln Ave 2655 Perfection Oil HI 1 trailer 12 Lincoln Ave 2655 Perfection Oil HI 1 trailer + small fiatbed 13 Front Street 2561 Lubers Contractor CS ,1 trailer 14 Rhomberg Ave 2705 John Duccini CS 1 trailer 15 Windsor Ave 2637 Jim Christensen OC 1 trailer 16 Elm SI 3040 Dbq StoragefTransfer LI 8 trailers - 17 Washington St 3110 C & K Realty LI 2 traikers wlramps 18 Jackson St 3200 Flexsteel I nd LI 3 trailers 19 Division St 2429 ,Todd Atkinson rent R-2 1 trailer 20 E 12th St 340 Geisler Bros HI 2 trailers 21 Washington St 1260 Stewart Const HI 1 trailer 22 E 12th St 468 Ed Brown HI 5-7 trailers 23 E 14th St 480 LindenlProp Shop LI 1 trailer 24 E 14th St 500 Dbq Hydraulic HI 1 trailer 25 E 12ht St 555 Steel Mart? MHI 1 trailer 26 Maple St 1499 Junnie and Rich's Coin HI 1 trailer 27 Maple St 1527 Junnie and Rich's CoinHI 1 trailer on blocks 28 Cedar St 1555 Cynthia Billmeyer HI 1 trailer 29 E 16th St 760 Blum's HI 7 trailers abandoned? 30 E 18th St 460 Walser Crane LI 5 trailers 31 E 19th St 525 Walser Crane LI 1 container 32 E 18th St 460 Rafoth Sheet Metal LI 3 trailers 33 Elm St 1745 Midway Motor Sales C-2 1 trailer 34 Garfield Ave 430 Dubuque Furniture ,CS 4 trailers 35 Garfield Ave 450 ICE Railroad LI 1 trailer 36 Farley St 1800 Ron Rhomberg R-2A 1 trailer on grnd 37 Garfield Ave 2325 ,Robert Bauer C-2 1 trailer 38 Julien Dubuque Dr 425 Tschiggfrie's Ex. PI 10+ trailers r 39 Julien Dubuque Dr 400 Tschiggfrie's Ex PI 5 trailers 40 Julien Dubuque Dr 800 McDougal LLP jPI 1 trailer 41 Flint Hill Dr 2275 Sunbeam Bakery IC-3 1 trailer 42 Rockdale Rd 2330 Lyon's Tree Sevice C-3 2 trailers + junk 43 Rockdale Rd 1980 ,Willis Auto C-1 1 trailer + junk 44 Huff St 555 Zephyr Aluminum LI 4 trailers 45 Railroad Ave 240 Conlon Const LI 1 trailer 46 Terminal St 115 Mulgrew Oil Co PUD 2 trailers 471S Main St 395 Morse Electric III 4 trailers 48 E 4th St 402 Chicago Central RR LI 1 trailer 49 Huff St 500 Steamatic LI '1 trailer 50 Harrison St 275 M & S Leasing LI 9 + trailers I- 51 Dodge St 3270 Dbq Discount Gas C-3 1 trailer . . # ' Address 1 Company Izone , Contents I 521 Cedar Cross Rd 399 I Jeff Hansel 11 trailer PC 53 Cedar Cross Rd 750 !Westphal Electric CS '1 trailer 54 Terminal St 112 I City Lease Property PUD 1 small trailer 55 i S Main St 200 IABC Supply ,L1 1 trailer 56 Euclid St 85 Swiss Valley Farms :L1 2 small trailers 57 Century Dr 1269 Joe Bitter C-3 3 trailers vac lot 58 Century Cir 1020 Key City Trans CS 1 trailer 59 Century Cir 1030 Hanley Auto CS 1 trailer + junk 60 Century Cir 1015 Stetson Bldg Supply CS 2 trailers 61 Century Cir 1000 Beidler Towing CS 1 trailer 62 Century Cir 1005 AI's Garage CS 2 trailers 63 McDonald Dr 4099 Rex Appliance C-3 1 trailer 64 Westside Ct 165 Bruggeman Welding CS 1 trailer 65 Wests ide Ct 180 Link Hydraulic CS 2 trailers + container 66 Dodge St 4516 River City Stone C-3 1 trailer 67 Dodge St 4370 Midwest Business C-3 1 trailer 68 Crescent Ridge 3606 Cash Co LI 2 small trailers 69 Crescent Ridge 3366 Steve's Towing CS 6-8 trailers + junk ,-' 70 Cedar Cross Rd 150 MoloOil CS 2 trailers 10+ trailers -- 71 Dodge St 3270 AI Steve et al CS - 2 trailers - - 72 Dodge St 3500 Target PC 73 Central Ave 880 Hendricks Feed C-4 1 trailer 74 Dodge St 3500 Hy Vee PC 1 trailer 75 Dodge St 4200 WalMart PC 50+ trailers/containers I- 76 Northwest Art 2395 Hy Vee PC 1 trailer 77 Northwest Art 2445 Asbury Plaza PC 1 trailer 78 Kennedy Rd 255 Shopko PC 5 trailers 79 Century Dr 685 Paulson Electric C-3 2 trailers 80 Century Dr 925 Dbq Fireplace/Patio C-3 1 trailer 81 E 4th St 100 Adams Co/City Dbq PUD 6 trailers 82 Terminal St 10 JKU/City Dbq PUD 5 trailers 83 Jones St 5 Newt Marine PUD 1trailer/6 containers 84 Jones St 45 Apex PUD 2 trailers 85 Brunskill Rd 3055 Randy Mills R-1 2 trailers + Junk 86 University 3199 Wash Depot C-3 ,1 trailer 87 Chavenelle Dr 4949 Theisen's Dist PI 3 trailers 88 Futuro Ct 4545 Uelner Tool PI 1 small trailer 89 Chavenelle Dr 4343 Rite Hite PI 1 trailer 90 Pennsylvania 5075 Jim Kalb C-3 5 trailers 91 Radford Rd 1800 Steve Smith C-3 3 trailers 92 WolffRd 5115 ECCI 'L1 2 trailers vac lot 93 Pennsylvania 5095 McClain Fence C-3 1 container 94 Commerce Pk 7629 Callahan Const CS ,2 containers 95 Old Highway Rd 5200 Max Rettenberger C-3 : 1 small trailer 96 Cottinqham Rd 12450 Brian Lammers R-2 13 trailers Je City of Dubuque Properties with Storage Trailers/Containers Each Dot Indicates Property with Storage Trailer/Container not Total Number of Trailers/Containers e Commercial Zone o Industrial Zone o Residential Zone o 0.5 1 Miles 00 1/5/05 gh Attachment #3 # Address Company Zone Contents 1 Roosevelt Rd Ext 1180 Riverside TfT HI 2 trailers + iunk 2 Roosevelt Rd Ext 1190 Riverside T fT HI 3 trailers 3 Kerper Blvd 2555 BarnsteadfThermo HI 1 trailer 4 Kerper Blvd 2459 Mathews Dist HI 3 trailers 5 Kerper Blvd 2455 ARC HI 2 trailers 6 Kerper Blvd 2345 Bradley Iron Works HI 1 fiatbed trailer 7 Kerper Blvd 2~ Rainbo Oil Co HI 6 trai!.El,rs + tanker 8 Kerper Blvd 2095 Junies MHI 2 trailers 9 E 12th St 1270 Dbq Thermo King HI 1 container 10 E 12th St 1230 Vallet Food HI 1 trailer w/roof 11 Lincoln Ave 2655 Perfection Oil HI 1 trailer 12 Li~cqln Av~ 2655_ _ _p'erection Oil HI ..1tr(liler.;t. sl1)(l11 flatbed 13 Front Street 2561 Lubers Contractor CS 1 trailer 14 Rhomberg Ave 2705 John Duccini CS 1 trailer 15 Windsor Ave 2637 Jim Christensen OC 1 trailer 16 Elm St 3040 Dbq StoragefTransfer LI 8 trailers 17 Washington St 3110 C & K Realtv LI 2 traikers w/ramps 18 Jackson St 3200 Flexsteell nd LI 3 trailers 19 Division St 2429 Todd Atkinson rent R-2 1 trailer 20 E 12th St 340 Geisler Bras HI 2 trailers 21 Washington St 1260 Stewart Canst HI 1 trailer 22 E 12th St 468 Ed Brown HI 5-7 trailers 23 E 14th St 480 Linden/Proo Shop LI 1 trailer 24 E 14th St 500 Dbq Hydraulic HI 1 trailer 25 E 12ht St 555 Steel Mart? MHI 1 trailer 26 Maple St 1499 Junnie and Rich's Coin HI 1 trailer 27 Maple St 1527 Junnie and Rich's CoinHI 1 trailer on blocks 28 Cedar St 1555 Cynthia Billmever HI 1 trailer 29 E 16th St 760 Blum's HI 7 trailers abandoned? 30 E 18th St460 Walser Crane LI 5 trailers 31 E 19th St 525 Walser Crane LI 1 container 32 E 18th St460 Rafoth Sheet Metal LI 3 trailers 33 Elm St 1745 Midway Motor Sales C-2 1 trailer 34 Ganfield Ave 430 Dubuque Furniture CS 4 trailers 35 Ganfield Ave 450 ICE Railroad LI 1 trailer 36 FarlevSt 1800 Ron Rhomberg R-2A 1 trailer on grnd 37 Ganfield Ave 2325 Robert Bauer C-2 1 trailer 38 Julien Dubuque Dr 425 Tschiggfrie's Ex. PI 10+ trailers 39 Julien Dubuque Dr 400 Tschiggfrie's ~x. PI 5 trailers 40 Julien Dubuque Dr 800 McDouoal LLP PI 1 trailer 41 Flint Hill Dr 2275 Sunbeam Bakery C-3 1 trailer 42 Rockdale Rd 2330 Lyon's Tree Sevice C-3 2 trailers + junk 43 Rockdale Rd 1980 Willis Auto C-1 1 trailer + junk 44 Huff St 555 Zephyr Aluminum LI 4 trailers 45 Railroad Ave 240 Conlon Canst LI 1 trailer 46 Terminal 5t115 Mulgrew Oil Co PUD 2 trailers 47 5 Main St 395 Morse Electric LI 4 trailers 48 E 4th St 402 Chicago Central RR LI 1 trailer 49 Huff 5t 500 Steamatic LI 1 trailer 50 Harrison 5t 275 M & S Leasing LI 9 + trailers 51 Dodae 5t3270 Dba Discount Gas C-3 1 trailer # Address Company Zone Contents 52 Cedar Cross Rd 399 Jeff Hansel PC 1 trailer 53 Cedar Cross Rd 750 Westphal Electric CS 1 trailer 54 Terminal St 112 City Lease Properly PUD 1 small trailer 55 S Main St 200 ABC Supply U 1 trailer 56 Euclid St 85 Swiss Valley Farms U 2 small trailers 57 Century Dr 1269 Joe Bitter C-3 3 trailers vac lot 58 Century Cir 1020 Key City Trans CS 1 trailer 59 Century Cir 1030 Hanley Auto CS 1 trailer + junk 60 Century Cir 1015 Stetson Bldg Supply CS 2 trailers 61 Century Cir 1000 Beidler Towing CS 1 trailer 62 Century Cir 1005 AI's GaraQe CS 2 trailers 63 McDonald Dr 4099 Rex Appliance C-3 1 trailer 64 Westside Ct 165 Bruggeman Welding CS 1 trailer 65 Wests ide Ct 180 Link Hydraulic CS 2 trailers + container 66 Dodge St 4516 River City Stone C-3 1 trailer 67 Dodge St 4370 Midwest Business C-3 1 trailer 68 Crescent RidQe 3606 Cash Co U 2 small trailers 69 Crescent Ridge 3366 Steve's Towing CS 6-8 trailers + junk 70 Cedar Cross Rd 150 MoloOil CS 2 trailers 71 I Dodge St 3270 IAI Steve et al ICS 110+ trailers 72 Dodge St 3500 Target PC 2 trailers 731Central Ave 880 I Hendricks Feed IC-4 11 trailer 74 Dodge St 3500 Hy Vee . PC 1 trailer 75 Dodge St 4200 WalMart PC 50+ trailers/containers 76 Northwest Art 2395 Hy Vee PC 1 trailer 77 Northwest Art 2445 Asbury Plaza PC 1 trailer 78 Kennedy Rd 255 l'l,hopJo_ PC 5 trailers _ -- 79 Century Dr 685 Paulson Electric C-3 2 trailers 80 Century Dr 925 Dbq Fireplace/Patio C-3 1 trailer 81 E 4th St 100 Adams Co/City Dbq PUD 6 trailers 82 Terminal St 10 JKU/City Dbq PUD 5 trailers 83 Jones St 5 Newt Marine PUD 1 trailer/6 containers 84 Jones St 45 Apex PUD 2 trailers 85 Brunskill Rd 3055 Randy Mills R-1 2 trailers + Junk 86-UniversitY" 3199 Wash Depot C~3 1 trailer 87 Chavenelle Dr 4949 Theisen's Dist PI 3 trailers 88 Futuro Ct 4545 Uelner Tool PI 1 small trailer 89 Chavenelle Dr 4343 Rite Hite PI 1 trailer 90 Pennsylvania 5075 Jim Kalb C-3 5 trailers 91 Radford Rd 1800 Steve Smith C-3 3 trailers 92 Wolff Rd 5115 ECCI U 2 trailers vac lot 93 Pennsvlvania 5095 McClain Fence C-3 1 container 94 Commerce Pk 7629 Callahan Const CS 2 containers 95 Old Hiahwav Rd 5200 Max Rettenberger C-3 1 small trailer 96 CottinQham Rd 12450 Brian Lammers R-2 3 trailers Attachment #4 , Storaqe Container and Storaqe Trailer Ordinance proposal Definitions: Storage Container - Any enclosed receptacle without wheels twenty (20') feet or more 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. Storage Trailer - Any enclosed receptacle with wheels twenty (20') feet or more 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. Exemptions: Containers attached to loading, construction trailers or a licensed and federally inspected vehicles such as a truck trailer or semi- truck trailer while it is actively being used for the transportation of materials, inventory or equipment. This ordinance shall not apply to businesses whose function is to provide for the rental of storage trailers or containers to other businesses or individuals. Businesses of that nature shall be regulated through the zoning ordinance. Site Plan: Storage containers or trailers will be subject to a site plan review process by the City of Dubuque Building and Fire Departments. The following shall be conditions of the site plan review: . Require minimum 20' separation between the building and container(s) or trailers to provide access for fire service as well as maneuverability around corners; . No stacking of containers; . No storage allowed underneath containers or trailers; . If attach electricity, roof or other utilities to container or trailer must meet electrical code and building code; . Site plan on file with Fire and Building departments; . Containers or trailers can be closer that 20' from each container or trailer as long as there is a minimum 20' separation from the building; . Can have wheels or no wheels; . Must be kept secure: . Must be kept in good appearance, no junk trailers (cannot have substantial peeling paint, rust holes, and/or have missing or broken parts on body of trailer); . Cannot be used for the storage of hazardous waste or materials unless complies with all federal, state and local regulations governing the storage of such waste or materials. Permit: . Shall be regulated through site plan review process . Contents of containers and trailers shall be identified as part of the permit process. . The proposed rates are as follows: Site Plan review - $130 per plan one time fee unless plan needs to be amended for business expansion or other request. Exemptions to site plan fee are temporary licenses. Annual fee - Temporary license (30 days or less) - $50 per trailer Annual license for 1 unit - $100 ($8.30/mth) Annual license for 2-5 units - $250 ($20.83/mth) Annual license for 6 or more units - $500 ($41.67/mth) Implementation Process: 1. Adopt Ordinance 2. Inventory Trailers/Containers 3. Notify affected Business/Property owners 4. Site Plan Review process - Site plan shall be reviewed and approved within 2 weeks unless extenuating circumstances apply. A. Site visit and/or initial consultation. Businesses shall submit a site plan on paper no larger than 11 x 17 identifying primary and accessory structures, emergency lanes, ingress/egress, parking areas and dumpsters. B. Develop acceptable locations per ordinance requirements C. An application for a variance for locations not meeting the ordinance requirements shall be made to the Fire and Building departments. Appeals on the Fire and Building departments decision shall be made to the City Manager and then to the Court. D. Finalize Site Plan i. Identify all acceptable locations by number/letter ii. Pay site plan review fee ($99 if submitted by April 1 , 2006, $130 if submitted after July 1, 2006) E. Distribute approved site plan to business and/or owner, Fire, Building and Police Departments. 'Site Plan review process anticipates 160 hours from Building Department and 80 hours from Fire Department for an anticipated cost of $10,414. 5. Issue permit/sticker for desired number of containers/trailers and collect payment according to fee schedule. Future permits shall be issued within 48 hours unless extenuating circumstances apply. 6. Implement inspection process for each location. Inspection may examination of contents at request of Building or Fire officials. 'Inspection process anticipates 80 hours from Building Department and 300 hours from Fire Department for an anticipated annual cost of $18,300 Other items that will be addressed through memo but will not be included in code language: . Ordinance take effect July 1, 2006 . Businesses have from time of adoption until July 1, 2006 to become compliant . During the compliance period, unless a life safety issue, the City will work with businesses to become compliant, the goal is to keep businesses in business safely and not to shut down a business. ,<; > I :~~"~~..~. . , ... , --~ al~ ~ i ~ 1 " ~ I l ) I ~ ~ l 1 ) . - ) D --- ~ , J ~ 1 ~ .. ~ j ~ f) '-\ ~. - / ~ .- . ~ ..--.- ~.:... -~ 01 ~ J j ~ W :I 'j ~ I ~ \ . u ) ...\ b 1 .I I f) -l 0\ I ~ I J \- 2 2 ~ I.lI l- ) ~ ~ '7 <t , J G -.i ~ J B J ~ I I L ;~. - i '. "2.\ City of Dubuque Properties with Storage Trailers/Containers J- Each Dot Indicates Property with Storage Trailer/Container not Total Number of Trailers/Containers _ Commercial Zone o Industrial Zone o Residential Zone o , 0.5 1 Miles ({) 1/5/05 gh Attachment #3 # Address Company Zone Contents 1 Roosevelt Rd Ex! 1180 Riverside T fT HI 2 trailers + junk 2 Roosevelt Rd Ex! 1190 Riverside T fT HI 3 trailers 3 Kerper Blvd 2555 BamsteadfThermo HI 1 trailer 4 Kerper Blvd 2459 Mathews Dist HI 3 trailers 5 Kerper Blvd 2455 ARC HI 2 trailers 6 Kerper Blvd 2345 _ . B~dl,:y 1~0.!,1 ~orks HI 1 flatbed trailer (Kerp~r Slyd 2255- .1..,-:, ~_._... . "Rainb.o Oil Co _ ,t!L- ~a~,rs.. + t'lnker 8 Kerper Blvd 2095 Junies MHI 2 trailers 9 E 12th St 1270 Dbq Thermo King HI 1 container 10 E 12th St 1230 _ _ Vallet FooC!..._ HI 1 trailer w/roof 11 Lincoln Ave 2"655 .. HI- 1rrailer-' - Perfection Oil 11_LincQln~ ~ Perf~gr;1_0A _ _ HI _1~l1:ailer .:.small,~~\bed - --.1--- 13 Front Street 2561 Lubers Contractor CS 1 trailer 14 Rhomberg Ave 2705 John Duccini CS 1 trailer 15 Windsor Ave 2637 Jim Christensen OC 1 trailer 16 Elm St 3040 Dbq StoragefTransfer LI 8 trailers 17 Washington St 3110 C & K Realty LI 2 traikers w/ramps 18 Jackson St 3200 Flexsteell nd LI 3 trailers 19 Division St 2429 Todd Atkinson rent R-2 1 trailer 20 E 12th St 340 Geisler Bros HI 2 trailers 21 Washington St 1260 Stewart Const HI 1 trailer 22 E 12th St 468 Ed Brown HI 5-7 trailers 23 E 14th St 480 Linden/Prop Shop LI 1 trailer 24 E 14th St 500 Dbq Hydraulic HI 1 trailer 25 E 12ht St 555 Steel Mart? MHI 1 trailer 26 Maple St 1499 Junnie and Rich's Coir HI 1 trailer 27 Maple St 1527 Junnie and Rich's CoinHI 1 trailer on blocks 28 Cedar St 1555 Cvnthia Billmeyer HI 1 trailer 29 E 16th St 760 Blum's HI 7 trailers abandoned? 30 E 18th St 460 Walser Crane LI 5 trailers 31 E 19th St 525 Walser Crane LI 1 container 32 E 18th St460 Rafoth Sheet Metal LI 3 trailers 33 Elm St 1745 Midway Motor Sales C-2 1 trailer 34 Garfield Ave 430 Dubuque Furniture CS 4 trailers 35 Garfield Ave 450 ICE Railroad LI 1 trailer 36 Farley St 1800 Ron Rhomberg R-2A 1 trailer on grnd 37 ~G..a~d Ave 232~ Robert Bauer C-2 1 trailer 38 Julien Dubuque Dr 425 Tsc~iggfiie'sEx.- PI- 10+ trai1er5 39 Julien Dubu,qu,!'! Dr 400_ . T.schi99ID&Lr;~ PI 5 trailers_ . -- 40 Julien Dubuque Dr 800 McDougal LLP PI 1 trailer 41 Flint Hill Dr 2275 Sunbeam Bakery C-3 1 trailer 42 Rockdale Rd 2330 Lyon's Tree Sevice C-3 2 trailers + junk 43 Rockdale Rd 1980 Willis Auto C-1 1 trailer + junk 44 Huff St 555 Zephyr Aluminum LI 4 trailers 45 Railroad Ave 240 Conlon Const LI 1 trailer 46, Terminal si 11'?~ -MulgrewOil C.o PUD 2 Jr~iiers - 47 S Main St 395 Morse Electric LI 4 trailers 48 E 4th St 402 Chicago Central RR LI 1 trailer 49 Huff St 500 Steamatic LI 1 trailer 50 Harrison St 275 M & S Leasing LI 9 + trailers 51 Dodae St 3:t70 DbaDiSCciiiiii Gas C-3 -1 trailer # Address 52 Cedar Cross Rd 399 53 Cedar Cross Rd 750 54 Terminal St 112 55 S Main St 200 56 Euclid St 85 57 CentUrV Dr 1269 58 Century Cir 1020 59 Century Cir 1030 60 Century Cir 1015 61 Century Cir 1000 62 Century Cir 1005 63 McDonald Dr 4099 64 Westside Ct 165 65 Westside Ct 180 66 Dodge St 4516 67 Dodae St 4370 68 Crescent Ridge 3606 69 Crescent Ridge 3366 70 Cedar Cross Rd 150 71 1 Dodge St 3270 72"Dodge SI3500 _ 731 Central Ave 880 74^Dodge St 3500 75 Dodge St 4200 76 Northwest Art 2395 77 Northwest Art 2445 78 Kennedy Rd 255 79 Century Dr 685 80 Century Dr 925 81 E 4th St 100 82 Terminal St 10 83 Jones St 5 84 Jones St 45 85 Brunskill Rd 3055 ~86 UniversityJ~ 87 Chavenelle Dr 4949 88 Futuro Ct 4545 89 Chavenelle Dr 4343 90 Pennsvlvania 5075 91 Radford Rd 1800 92 Wolff Rd 5115 93 Pennsvlvania 5095 94 Commerce Pk 7629 95 Old Hiahwav Rd 5200 96 Cottinaham Rd 12450 Company Zone Contents Jeff Hansel PC 1 trailer Westohal Electric CS 1 trailer City Lease Propertv. PUD 1 small trailer ABC Suoolv LI 1 trailer Swiss Vallev Farms LI 2 small trailers Joe Bitter C-3 3 trailers vac lot Kev City Trans CS 1 trailer Hanley Auto CS 1 trailer + junk Stetson Bid!;) SupplY CS 2 trailers Beidler Towing CS 1 trailer AI's Garage CS 2 trailers Rex Appliance C-3 1 trailer BrUiiiieman Welding CS 1 trailer Link Hvdraulic CS 2 trailers + container River citY Stone C-3 1 trailer Midwest Business C-3 1 trailer Cash Co LI 2 small trailers Stev~s T~wing loCS _ .6-8 traile~ +)~k Molo Oil CS 2 trailers JAISt;v~~tal TCS .Do+tr~~ _ _ _ _ Jarget__ _ -PC<. 2E,ilers IH=.n.d~ks Feed _ jC.-'!..-11 trail~ Hy'llee PC 1 trailer Wal Mart PC 50+ trailers/containers Hy Vee PC 1 trailer Asbury Plaza PC 1 trailer _ . Shopko PC:~5 traiLers Paulson Electric C-3 2 trailers Dbq Fireplace/Patio C-3 1 trailer Adams Co/City Dba PUD 6 trailers JKUlCItV l5bQ PUD 5 trailers Newt Marine PUD 1trailer/6 containers Apex PUD 2 trailers _ _ ~andy.Mills ~!_ 2 ~ilers + Junk _Wa2-.h DepoL_ .,Q:;L 1 trailer Theisen's Dist PI 3 trailers Uelner Tool PI 1 small trailer Rite Hite PI 1 trailer Jim Kalb C-3 5 trailers Steve Smith C-3 3 trailers ECCI LI 2 trailers vac lot McClain Fence C-3 1 container Callahan Const CS 2 containers Max Rettenberger C-3 1 small trailer Brian Lammers R-2 3 trailers -- Attachment #1 Storaae Trailer Reaulations . No more than one storage container per property. . Must be on wheels, able to be quickly moved in an emergency. . No connections to any utilities. . No permanent attachment like roofs, siding or stairs. . No deteriorated conditions, i.e., peeling paint, extensive rust, etc. . Must be at least 20 feet from any building, regardless if the building is on the property. No attachment to a building, i.e. ramps or parked at a dock door. . Monthly License Fee = $50. . Employee access only. No customer access. . Cannot be on the property for more than five continuous months. . Do not block the visual location or use of Fire Department sprinkler or stand pipe connections. . Do not block Fire Department access roads. . No storage of hazardous waste or materials unless storage unit complies with all federal, state or local regulations. . Storage units shall be kept secured. . Do not block any fire or exit doors. , DiiB~E ~~~ MEMORANDUM Attachment #2 December 20, 2004 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ SUBJECT: Storage Trailer and Container Inventory The Planning Services Department compiled the enclosed Storage Trailer and Container Inventory over a six-week period beginning in November 2004. The inventory includes a cover memo prepared by Assistant Planner Guy Hemenway, a map of the identified sites, and an address list of the sites. In addition, photographs of the identified sites are provided for your information in conjunction with the City Council's consideration on December 20, 2004 of the proposed amendment to the Building Code to prohibit storage trailers and containers that are not actively used for shipping.. . Enclosures cc Cindy Steinhauser, Assistant City Manager Barry Lindahl, Corporation Counsel Rich Russell, Building Services Manager Dan Brown, Fire Chief DU~%duE ~<k~ MEMORANDUM '* December 16, 2004 FROM: Laura Carstens, Planning Services Manager Guy Hemenway, Assistant Planner ~ TO: SUBJECT: Storage Trailer and Container Inventory INTRODUCTION Planning staff was directed to inventory semi-trailers and shipping containers (from here on referred to as trailers) being used for long-term storage within the city. Planning staff has completed the inventory, listing the number of trailers by address, business/property, and zoning district. Each trailer or group of trailers has also been photograph~. The information is provided in a binder attached to this memo. BACKGROUND Planning staff has conducted site visits to all commercially, industrially and much of the residentially zoned property within the community in search of trailers being used as permanent storage buildings. When trailers were discovered, they were photographed - and the address and name of the business property on which they were located was noted. This information was compiled in spreadsheet format and is attached. Staff had to determine if the trailers were being used as long-term storage facilities, short-term storage or have simply been abandoned. A number of the trailers were obviously used for long-term storage because they either had their wheels/axles removed and wer.e. smlng 011 Lhe ground or on blocks, had permanent strJ!ctures b_uilt around ttl~!l! such as Clecks, ramps and staIrcases, or had materials stacked around them such as paTfetsttla1:"'- . made snort-term storage unlikely, DISCUSSION Staff noted that trailers are used in various capacities throughout the community and that, lacking a quantifiable definition of short versus long-term storage; designation of each trailer required a judgment call. There are a number of trailers/containers in the community that, while not appearing to be used for storage, may have simply been abandoned and left to deteriorate. Storage Trailer and Container Inventory December 10, 2004 Page 2 As with any inventory, this information represents a snapshot in time. Due to the transient nature of trailers, some may come and go affecting the validity of the information provided. Also, the survey was conducted from the public right-of-way and some trailers may be hidden from view. FINDINGS Stored trailers were discovered on 96 properties throughout the city. Most of the trailers were located on commercial and industrial property but some were located in residential areas. The total number of stored trailers is 276. These trailers are primarily found in the older industrial parts of town, in the new commercial corridors, such as Dodge StreetlJFK and scattered throughout the community on some smaller commercial and residential properties. Many of the trailers have been in place for quite some time as evidenced by their deteriorated state and the weeds and debris that have accumulated around them. Many are rusted, faded, have flat tires, parts coming off and contribute to urban blight. Staff noted that while some large retail establishments have multiple trailers on their property, up to 50, several have none. RECOMMENDATION This memo is provided for your information. If you have any questions, please contact me. GH/mkr Attachment' # ! Address Company ,Zone 1 Contents 1 ! Roosevelt Rd Ext 1180 Riverside TIT IHI 2 trailers + junk 21 Roosevelt Rd Ext 1190 Riverside TIT !HI 3 trailers " 3 i Kerper Blvd 2555 , BarnsteadlThermo !HI 1 trailer 41 Kerper Blvd 2459 1 Mathews Dist !HI !3 trailers 51 Kerper Blvd 2455 ,ARC 'HI :2 trailers 1 6 Kerper Blvd 2345 I Brad ley I ron Works IHI '1 flatbed trailer 7 Kerper Blvd 2255 Rainbo Oil Co IHI '6 trailers + tanker 8 Kerper Blvd 2095 Junies IMHI '2 trailers 9 E 12th St 1270 Dbq Thermo Kin9 ,HI .1 container 10 E 12th St 1230 Vallet Food HI '1 trailer w/roof 11 Lincoln Ave 2655 Perfection Oil HI '1 trailer 12 Lincoln Ave 2655 Perfection Oil HI 1 trailer + small flatbed 13 Front Street 2561 Lubers Contractor CS 1 trailer 141Rhomberg Ave 2705 John Duccini CS 1 trailer 151Windsor Ave 2637 IJim Christensen OC 1 trailer 16jElm St 3040 IDbq StoragelTransfer LI 8 trailers - 17iWashington St 3110 IC & K Realty LI 2 traikers w/ramps , 18 Jackson St 3200 iFlexsteellnd ill 3 trailers 19 Division St 2429 Todd Atkinson rent R-2 ,1 trailer 20 E 12th St 340 Geisler Bros HI !2 trailers 21 Washington St 1260 Stewart Const HI i1 trailer 22 E 12th St 468 Ed Brown HI 5-7 trailers 23 E 14th St 480 Linden/Prop Shop LI 1 trailer 24 E 14th St 500 Dbq Hydraulic HI 1 trailer 25iE 12ht St 555 Steel Mart? MHI 1 trailer 26'Maple St 1499 Junnie and Rich's Coin HI 1 trailer 27 Maple St 1527 Junnie and Rich's CoinHI 1 trailer on blocks 28 Cedar St 1555 ,Cynthia Billmeyer HI 1 trailer 29 E 16th St 760 Blum's HI 7 trailers abandoned? 30 E 18th St 460 Walser Crane LI 5 trailers 31 E 19th St 525 Walser Crane LI 1 container 32 E 18th St 460 Rafoth Sheet Metal LI 3 trailers 33:Elm St 1745 Midway Motor Sales C-2 1 trailer 34 Garfield Ave 430 Dubuque Furniture CS 4 trailers 35 Garfield Ave 450 ICE Railroad ill 1 trailer 36 Farley St 1800 Ron Rhomberg ,R-2A 1 trailer on grnd 37 Garfield Ave 2325 Robert Bauer C-2 1 trailer 38 Julien Dubuque Dr 425 ITschiggfrie's Ex. PI 10+ trailers - 39 Julien Dubuque Dr 400 Tschiggfrie's Ex. PI 5 trailers 40 Julien Dubuque Dr 800 McDougal LLP PI 1 trailer 41 'Flint Hill Dr 2275 Sunbeam Bakery C-3 1 trailer 42 Rockdale Rd 2330 Lyon's Tree Sevice ,C-3 2 trailers + junk 43 Rockdale Rd 1980 Willis Auto ;C-1 1 trailer + junk 44 Huff St 555 Zephyr Aluminum LI 4 trailers 45 Railroad Ave 240 :Conlon Const LI i1 trailer 46.Terminal St 115 'Mulgrew Oil Co PUD T2 trailers 47S Main St 395 Morse Electric LI 4 trailers 48 E 4th St 402 Chicago Central RR LI 1 trailer 49 Huff St 500 Steamatic LI 1 trailer 50 Harrison St 275 1 M & S Leasing , LI ,9 + trailers - 51 Dodqe St 3270 Dbq Discount Gas IC-3 ,1 trailer #1 Address I Company jzone , Contents , 521 Cedar Cross Rd 399 - 1 Jeff Hansel '1 trailer 1 Westphal Electric PC 53' Cedar Cross Rd 750 iCS 11 trailer 54 'Terminal St 112 i City Lease Property 1 PUD 11 small trailer =! S Main St 200 IABC Supply 'll 11 trailer - I Swiss Valley Farms ~L1 12 small trailers 56 Euclid St 85 IC-3 57,Century Dr 1269 1 Joe Bitter : 3 trailers vac lot 581 Century Cir 1020 I Key City Trans 1 trailer ._----~ CS -...- 59' Century Cir 1030 : Hanley Auto Ics 1 trailer + junk 60 Century Cir 1015 =Stetson Bldg Supply CS 2 trailers Century Cir 1000 ,1 trailer -._~ 61 Beidler Towing CS 62 Century Cir 1005 AI's Garage CS 12 trailers 63 McDonald Dr 4099 Rex Appliance C-3 1 trailer 64,Westside Ct 165 ,Bruggeman Welding 1 trailer -- CS 65 Westside Ct 180 1 Link Hydraulic CS 2 trailers + container 66 Dodge St 4516 River City Stone C-3 1 trailer Dodge St 4370 Midwest Business 11 trailer - 67 C-3 68 Crescent Ridge 3606 Cash Co LI 2 small trailers Crescent Ridge 3366 Steve's Towing 6-8 trailers + junk --- 69 CS - 70 Cedar Cross Rd 150 'MoloOil CS 2 trailers 71 Dodge St 3270 ! AI Steve et al ---fCS 10+ trailers ~ Dodge St 3500 Target ---~._---- -----~ .- 72 PC 2 trailers . 1 trailer ~--~ 73 Central Ave 880 Hendricks Feed C-4 74 ' Dodge St 3500 Hy Vee PC 1 trailer 75 Dodge St 4200 WalMart IPC 50+ trailers/containers ~ 76 Northwest Art 2395 Hy Vee PC 1 trailer 77 Northwest Art 2445 Asbury Plaza PC 1 trailer 78 Kennedy Rd 255 Shopko PC 5 trailers -- 79 Century Dr 685 Paulson Electric C-3 2 trailers 80 Century Dr 925 ,Dbq Fireplace/Patio C-3 1 trailer 81 E 4th St 100 ,Adams Co/City Dbq PUD 6 trailers 82 Terminal St 10 JKU/City Dbq PUD 5 trailers 83 Jones St 5 Newt Marine PUD 1trailer/6 containers 84 Jones St 45 Apex PUD 2 trailers 85 Brunskill Rd 3055 ! Randy Mills R-1 2 trailers + Junk 86 University 3199 Wash Depot C-3 1 trailer 87 Chavenelle Dr 4949 Theisen's Dist PI 3 trailers 88 Futuro Ct 4545 Uelner Tool ,PI 1 small trailer 89 Chavenelle Dr 4343 'Rite Hite PI 1 trailer 90 , Pennsylvania 5075 Jim Kalb C-3 5 trailers 91 Radford Rd 1800 Steve Smith C-3 3 trailers 92 WolffRd5115 ECCI LI 2 trailers vac lot 93 Pennsylvania 5095 McClain Fence C-3 1 container 94iCommerce Pk 7629 Callahan Const CS 2 containers 9510ld Highway Rd 5200 Max Rettenberger ,C-3 11 small trailer 96 I Cottinqham Rd 12450 Brian Lammers IR-2 3 trailers Attachment #4 Storaqe Container and Storaqe Trailer Ordinance proposal Definitions: Storage Container - Any enclosed receptacle without wheels twenty (20') feet or more 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. Storage Trailer - Any enclosed receptacle with wheels twenty (20') feet or more 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. Exemptions: Containers attached to loading, construction trailers or a licensed and federally inspected vehicles such as a truck trailer or semi- truck trailer while it is actively being used for the transportation of materials, inventory or equipment. This ordinance shall not apply to businesses whose function is to provide for the rental of storage trailers or containers to other businesses or individuals. Businesses of that nature shall be regulated through the zoning ordinance. Site Plan: Storage containers or trailers will be subject to a site plan review process by the City of Dubuque Building and Fire Departments. The following shall be conditions of the site plan review: · Require minimum 20' separation between the building and container(s) or trailers to provide access for fire service as well as maneuverability around corners; . No stacking of containers; · No storage allowed underneath containers or trailers; · If attach electricity, roof or other utilities to container or trailer must meet electrical code and building code; · Site plan on file with Fire and Building departments; · Containers or trailers can be closer that 20' from each container or trailer as long as there is a minimum 20' separation from the building; · Can have wheels or no wheels; . Must be kept secure: · Must be kept in good appearance, no junk trailers (cannot have substantial peeling paint, rust holes, and/or have missing or broken parts on body of trailer); . Cannot be used for the storage of hazardous waste or materials unless complies with all federal, state and local regulations governing the storage of such waste or materials. Permit: . Shall be regulated through site plan review process . Contents of containers and trailers shall be identified as part of the permit process. . The proposed rates are as follows: Site Plan review - $130 per plan one time fee unless plan needs to be amended for business expansion or other request. Exemptions to site plan fee are temporary licenses. Annual fee - Temporary license (30 days or less) - $50 per trailer Annual license for 1 unit - $100 ($8.30/mth) Annual license for 2-5 units - $250 ($20.83/mth) Annual license for 6 or more units - $500 ($41.67/mth) Implementation Process: 1. Adopt Ordinance 2. Inventory Trailers/Containers 3. Notify affected Business/Property owners 4. Site Plan Review process - Site plan shall be reviewed and approved within 2 weeks unless extenuating circumstances apply. A. Site visit and/or initial consultation. Businesses shall submit a site plan on paper no larger than 11 x 17 identifying primary and accessory structures, emergency lanes, ingress/egress, parking areas and dumpsters. B. Develop acceptable locations per ordinance requirements C. An application for a variance for locations not meeting the ordinance requirements shall be made to the Fire and Building departments. Appeals on the Fire and Building departments decision shall be made to the City Manager and then to the Court. D. Finalize Site Plan i. Identify all acceptable locations by number/letter ii. Pay site plan review fee ($99 if submitted by April 1 , 2006, $130 if submitted after July 1,2006) E. Distribute approved site plan to business and/or owner, Fire, Building and Police Departments. 'Site Plan review process anticipates 160 hours from Building Department and 80 hours from Fire Department for an anticipated cost of $10,414. 5. Issue permit/sticker for desired number of containers/trailers and collect payment according to fee schedule. Future permits shall be issued within 48 hours unless extenuating circumstances apply. 6. Implement inspection process for each location. Inspection may examination of contents at request of Building or Fire officials. *Inspection process anticipates 80 hours from Building Department and 300 hours from Fire Department for an anticipated annual cost of $18,300 Other items that will be addressed through memo but will not be included in code language: · Ordinance take effect July 1, 2006 · Businesses have from time of adoption until July 1, 2006 to become compliant · During the compliance period, unless a life safety issue, the City will work with businesses to become compliant, the goal is to keep businesses in business safely and not to shut down a business. D~~~E ~ck~ MEMORANDUM January 25, 2006 ---;-) TO: The Honorable Mayor and City Council Members FROM: 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. These containers are similar in size and appearance to a semi-truck trailer, approximately 8' x 40', some can be stacked on top of each other and some have wheels. 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, 2004 and 2005, the Dubuque Walmart store had over 50 storage containers behind its building for the storage of inventory. This equates to approximately 16,000 square feet of storage space outside of the building, or approximately 7.76% of their total square footage based upon their current size of 206,183 sq. ft. These storage containers present a threat to public health and safety because their location blocks or prevents proper access to buildings and the building roof, building exits, emergency exits, fire stand pipes and connections to sprinkler systems, utility disconnects as well as restrict ambulance and fire department access. These containers are located in highly populated areas in commercial districts throughout the community and in downtown where they are adjacent to large, older structures. It is important to note that 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 (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 sometimes hazardous contents. This is of particular concern with the Homeland Security Act where we have large, unexpected containers with unknown inventory located inside them adjacent to high-traffic areas or other similar containers. City staff has spent the last several months working with a committee from the Dubuque Area Chamber of Commerce to craft an ordinance to create a safe situation for citizens as they frequent businesses in Dubuque. I want to offer my appreciation for the efforts of the volunteer Chamber Committee members and my apologies that this process was not begun before this issue was originally presented to the City Council. Everyone could not agree on all points, but I believe the ordinance being recommended by Assistant City Manager Cindy Steinhauser is a reasonable compromise. This issue of storage containers has been one of the more difficult issues I have had to deal with as City Manager. I empathize with the businesses that want the flexibility in their inventory and find the rental of storage containers as the easiest way to provide that flexibility. However, what the City could not ignore is the fact that these storage containers are not being used in a safe manner and are creating a public safety hazard that will eventually cause a tragedy where a citizen or citizens will be seriously injured or worse. In order to attempt to create a safe situation, the City could either prohibit the use of containers or establish a review and inspection program. The Fire Department has documented that there were 276 unregulated storage containers in the City on 96 separate properties. The recent proliferation of these storage containers throughout our community has created a situation where the City does not have the appropriate regulations, adequate staffing or funding to create a safe environment. The recommendation includes a site plan review process at a cost of $130 one-time fee (if done by April 1 , 2006, it would be only $99) through the Building Services Department. 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 would be clearly identified along with other important items such as loading docks, dumpsters and ingress/egress. In addition, the site plan would identify all the acceptable locations for containers or trailers. The following would be conditions of the site plan review: . Require minimum 20' separation between the building and container(s) or trailers to provide access for fire service as well as maneuverability around corners; . No stacking of containers; . No storage allowed underneath containers or trailers; . If attach to electricity, roof or other utilities, container or trailer must meet electrical code and building code; . Site plan on file with Fire and Building departments; · Containers or trailers can be closer than 20' from each container or trailer as long as there is a minimum 20' separation from the building; . Can have wheels or no wheels; . Must be kept secure: . Must be kept in good appearance, no junk trailers (cannot have substantial peeling paint, rust holes and/or have missing or broken parts on body of trailer); · Cannot be used for the storage of hazardous waste or materials unless complies with all federal, state and local regulations governing the storage of such waste or materials. The annual licensing fees would be: Temporary License (30 Days or Less) Annual License for One Unit Annual License for Two to Five Units Annual License for Six or More Units $50 permit $8.30 per month ($100) $20.83 per month ($250) $41.67 per month ($500) These rates are based upon an annual estimated expense of $18,254 for inspections. City staff has significantly compromised to recognize the needs of the businesses that use the containers. Originally, the recommendation was to prohibit the use of storage containers. The attorney for the storage container business has contended that the City's concerns about storage containers are all about getting more rnoney for the City. However, the prohibition would have created no new income for the City because there would have been no review and inspection process and no permit fees. Obviously, the City's concern is safety. In response to the needs of the businesses that use the containers, this recommendation allows the use of storage containers. However, to provide a safe environment for the public, there needs to be a review and inspection program. This program must have a source of funding. There are two choices to pay for a review and inspection program. The costs can either be recovered through property taxes or an administrative fee can be created as a part of the storage container review and inspection program. In either event, however, the costs must be recovered with continuing annual revenue because the program will create a continuing annual expense. The State does not allow the City to charge a fee higher than the administrative oversight costs. I understand the concerns of the owner of the storage container rental business. Any fee will suppress the amount he can charge for the containers and will reduce his profits. However, I do not believe that this should be the overriding consideration as this issue is considered. I respectfully request Mayor and City Council approval of the recommended storage container ordinance. fJeJc:'1 /1~ ~ Mfchael C. Van MilITgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Steward Sandstrom, Dubuque Area Chamber of Commerce President & CEO D~~~E ~<k-~ MEMORANDUM January 24, 2006 TO: Michael C. Van Milligen, City Manager FROM: Cindy Steinhauser, Assistant City Manager SUBJECT: Exterior Storage Containers and Trailer Introduction The purpose of this memorandum is to provide a recommendation regarding the regulation of exterior storage containers and trailers. Backaround The City of Dubuque has seen an increase in the use of exterior commercial storage containers and trailers by commercial retail businesses such as Walmart, Lowes, HyVee, Shopco and Vallet to name a few. These containers and trailers (which I shall commonly refer to in this memo as containers) are similar in size and appearance to a semi-truck trailer, approximately 8' x 40', some can be stacked on top of each other and some have wheels. 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, 2004 and 2005, the Dubuque Walmart store had over 50 storage containers behind its building for the storage of inventory. This equates to approximately 16,000 square feet of storage space outside of the building, or approximately 7.76% of their total square footage based upon their current size of 206,183 sq. ft. Attached are photos of these storage containers where they are used in large quantity. As shown, these containers present a threat to public health and safety because their location blocks or prevents proper access to buildings and the building roof, building exits, emergency exits, fire stand pipes and connections to sprinkler systems, utility disconnects as well as restrict ambulance and fire department access. These containers are located in highly populated areas in commercial districts throughout the community and in the downtown area where they are adjacent to large, older structures. The containers may also contain unknown contents which may present a hazard in emergency situations. It is important to note that these containers are not subject to the 1 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 (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 sometimes hazardous contents. This is of particular concern with the Homeland Security Act where we have large, unexpected containers with unknown inventory located inside them adjacent to high-traffic areas or other similar containers. Construction companies and contractors use these containers, referred to as a "trailer", to serve as a mobile office on a construction site. A typical construction office consists of one container. In response to these potential safety hazards, 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. City staff met on six separate occasions from February 2004 to December 2004 to discuss options related to regulating these containers. 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. After adoption of the ordinance, city staff visited with representatives from the Dubuque Area Chamber of Commerce and Greater Dubuque Development Corporation to discuss the impact of the ordinance. On April 5, 2005 you met with Attorney Mike Coyle who represents Bill and Carol Denlinger of Heartland Storage to discuss this issue. On April 27, 2005 a meeting was then held with city staff including yourself, Corporation Counsel Barry Lindahl, Associate Planner Kyle Kritz, Building Services Manager Rich Russell, Fire Chief Dan Brown, Fire Marshall Scott Neyens and myself and representatives from the business community including Steve Conlon of Conlon Construction, Jim Theisens of Theisens Inc., Tori Anderson of Micheal's, Paul Fahey of Rainbo Oil, Steve Selchert of Steve's Ace Hardware, Larry Wolff, Rick Dickinson of Greater Dubuque Development Corporation, Attorney Mike Coyle and Bill and Carol Denlinger of Heartland Storage. The purpose of the meeting was to review concerns over the adopted ordinance prohibiting storage containers. City staff presented the attached list of regulations (Attachment 1) for the purposes of discussing a revised ordinance that would allow these containers under certain conditions. Upon review of the attachment, the businesses indicated that the following items were of greatest concerns: limitation of one storage container per property, road wheel requirement, twenty (20) foot separation requirement, the $50 monthly license fee and the time limitation. 2 As a result of these meetings, the original ordinance was repealed and city staff was directed to come back with a recommendation to create a safe situation for the public by regulating these containers and trailers. In May 2005, City staff presented a revised ordinance for City Council consideration that attempted to address the concerns. However, after reviewing the recommendation, City Council directed staff to work with representatives from the Dubuque Area Chamber of Commerce to develop a revised recommendation. Discussion Based upon this directive, I visited with Dan Cunningham and Steward Sandstrom of the Dubuque Area Chamber of Commerce and we agreed to meet to review the recommendations to date and to develop a recommendation that could address everyone's concern while still providing a safe environment. In June 2005 a total of five meetings were held, three with Chamber staff and business representatives including Mike Coyle, Bill and Carol Denlinger, Jeff Weber, Dan Cunningham and Stew Sandstrom and city staff including Barry Lindahl, Dan Brown, Scott Neyens, Rich Russell and myself. In addition, city staff met twice to review questions raised and research alternatives. After holding these meetings, and despite city staff compromise on a number of significant issues that did not compromise public safety, this committee came to an impasse as several committee members felt an ordinance was not necessary to regulate these containers despite the opinion of Corporation Counsel Barry Lindahl that these containers were not currently covered under an existing ordinance. In August I met again with Dan Cunningham to review our progress to date and to discuss next steps. We agreed to try and form a committee made up of city staff and Chamber representatives to discuss the process for developing a recommendation by December 2005. Representatives from the Chamber included Steward Sandstrom, Dan Cunningham, Jim Theisen of Theisens, Paul Fahey of Rainbo Oil and Eric Dregne of Younkers and representatives from the City included Fire Chief Dan Brown, Fire Marshall Scott Neyens, Building Services Manager Rich Russell ad myself. In addition, Corporation Counsel Barry Lindahl provided review and input on issues on an as needed basis. This committee has met five times since September 2005 to formulate a revised recommendation. In addition, I met with Dan Cunningham several times in between to discuss progress made and share information. At our first meeting the committee discussed 1) developing a meeting schedule, 2) how we involve other stakeholders and 3) the deadline for a recommendation by December 2005 City Council meeting. Also at the first meeting, the committee agreed to the following process to aid in developing a recommendation: · Review work completed to date - existing conditions and previous proposed ordinance language. · Review where we are at on City's proposed compromise for outstanding issues (what do we agree on or disagree on from last proposal) 3 . Look at other city examples . Compare what we like and what's left to resolve . Recommendation should address the following: permit and inspection (temporary vs. long-term requests) process (different by zoning classification or one-size-fits-all), variance and appeal process, fee structure, exemptions, implementation schedule At subsequent committee meetings, much of our discussion was focused on review of fire and other inspection processes and how the inspection of containers and trailers could be incorporated into existing inspections. Attached are two important pieces of information that were raised during this discussion. The first (Attachment 2) is a memo from Planning Services Manager Laura Carstens dated December 20, 2004 regarding an audit that was in regards to storage containers and trailers. As noted in this memo, at that time there were 276 unregulated containers or trailers on 96 properties within the city limits. The next attachment (Attachment 3) is an analysis by Fire Marshall Scott Neyens indicating which of these sites identified in 2004 would have been inspected as part of a normal fire inspection process. As shown, only 15 of the 96 locations would have been subject to a routine inspection in a normal year. The committee then discussed ways to develop and implement an inspection process that could address the inspection gap identified. Included in our discussion was the estimated time and cost for city staff to inspect each site. The committee first discussed regulation by type of zoning; however, as shown on the attached map, these trailers have been identified in several types of zoning throughout the community and we agreed that this would be difficult to develop. The committee then turned to the concept of a site plan review and permitting process. 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 would be clearly identified along with other important items such as loading docks, dumpsters and ingress/egress. In addition, the site plan would identify all the acceptable locations for containers or trailers. The following would be conditions of the site plan review: · Require minimum 20' separation between the building and container(s) or trailers to provide access for fire service as well as maneuverability around corners; . No stacking of containers; · No storage allowed underneath containers or trailers; · If attach to electricity, roof or other utilities to container or trailer must meet electrical code and building code; · Site plan on file with Fire and Building departments; · Containers or trailers can be closer than 20' from each container or trailer as long as there is a minimum 20' separation from the building; . Can have wheels or no wheels; . Must be kept secure: 4 . Must be kept in good appearance, no junk trailers (cannot have substantial peeling paint, rust holes, and/or have missing or broken parts on body of trailer); . Cannot be used for the storage of hazardous waste or materials unless complies with all federal, state and local regulations governing the storage of such waste or materials. Under this format, businesses would apply for a permit to the Building Services Department and include a site plan as part of their application. The Building Services Department will be responsible for the permitting process but would coordinate with the fire department for review and inspection of these containers and trailers. A company may purchase a temporary (30 days or less) or annual permit for each container or trailer. The permitted storage containers or trailers will be required to display a permit sticker that will be supplied by the city. The proposed rates for this process are as follows: Site Plan review - $130 per plan one-time fee unless plan needs to be amended for business expansion or other request. Exemptions to site plan fee are temporary licenses. This is based on the cost to review and improve a site plan for each business. This is not an annual cost. New site plans may be required in cases where businesses have expanded and the area available for the location of containers and trailers may have changed. Annual fee - Temporary license (30 days or less) - $50 per trailer or container Annual license for 1 unit - $100 ($8.30/mth) Annual license for 2-5 units - $250 ($20.83/mth) Annual license for 6 or more units - $500 ($41.67/mth) These rates are based upon an annual estimated expense of $18,254 for inspections. A summary of the above information including current conditions, cost estimates and fees, is also attached (Attachment 4). As an incentive to get businesses to complete the licensing and permitting process, the committee is recommending that the site plan review rate for the first year if submitted before April 1 , 2006 be $99. This incentive is for the first year only; subsequent site plan reviews would be at the regular recommended rate. Once the committee agreed to this recommendation, the Chamber representatives took the recommendation back to a larger group of Chamber members and businesses impacted by the ordinance to review the recommendations. This meeting was held on November 3, 2005 and there was general support for the changes to the proposal. There were four areas with recommended revisions to provide additional clarification on the intent of the ordinance. These items were again reviewed with city staff and we are 5 in agreement with the requested, non-substantial modifications. Once this was completed city staff prepared a memo recommending a new ordinance for the regulation of storage containers to go to the December 19, 2005 City Council meeting. On December 15, 2005 Stew Sandstrom of the Dubuque Area Chamber of Commerce contacted your office to indicate that there were still concerns regarding the ordinance and requested that the item be removed from the agenda. The item was removed from the agenda and I later visited with Dan Cunningham to review concerns. On January 20, 2006 another committee meeting was held to discuss these concerns. Two of the concerns raised were non-substantial changes regarding the wording of two paragraphs and the third was an apparent duplication in the reference to "junk" trailers. City staff, including Corporation Counsel Barry Lindahl, was in agreement with the suggestions and made the recommended changes. The fourth change was a request to include the fee structure in the ordinance versus the standard language which states that "permit fee be established by the City Manager." I reviewed with the committee that, except in a few instances, fees are not included in ordinance language and that this is the standard ordinance language for the establishment of all fees. I then reviewed how fees are established either through the budget process which includes many public hearings or throughout the year as a recommendation that goes to the City Manager and then to City Council for approval. While the committee understood this process, there remained concern over leaving the fees out of the ordinance and that future city management could opt not to take fee increases to City Council for approval prior to implementation of the fees. I agreed to review this final issue with you and with Barry Lindahl who expressed concern that fees are not typically included in the ordinance language. Based upon this feedback, specific fee language is not included in the proposed ordinance. I would like to acknowledge the hard work and participation of a number of city staff who remained committed to this process including Scott Neyens, Dan Brown, Rich Russell and Barry Lindahl. Collectively they participated in the 23 meetings held and provided a great deal of research, information and open-mindedness to an issue that is of great concern and one which represents a threat to public safety and health. I would also like to acknowledge the efforts of Dan Cunningham, Eric Dregne, Paul Fahey, Jim Theisen and Stew Sandstom who brought a fair and balanced discussion to the table and helped city staff understand how this ordinance would impact retail, commercial, wholesale and industrial businesses. It is important to note that in general the committee was supportive of the recommendation and agreed that it is a much better proposal than previous proposals submitted. However, there were concerns raised by individual members of the committee over specific items such as the fees being included in the ordinance itself. City staff attempted to provide information to address these concerns as they were raised; however, some of these individual concerns remain. Also remaining are the concerns of Attorney Mike Coyle and Bill and Carol Denlinger who are owners of Heartleand Storage. It is my understanding that they plan to attend the City Council meeting where this will be discussed to raise their concerns. 6 Recommendation Based upon this discussion, I recommend adoption of the revised ordinance to allow for the regulation of exterior storage containers and trailers. Action The requested action is for City Council to adopt the attached ordinance amending Section 11 of the City Code of Ordinances to allow for the permitting and use of exterior storage containers and trailers. CC: Barry Lindahl, Corporation Counsel Dan Brown, Fire Chief Scott Neyens, Fire Marshall Rich Russell, Building Services Manager Steward Sandstrom, Dubuque Area Chamber of Commerce Dan Cunningham, Dubuque Area Chamber Commerce Eric Dregne, Younkers Jim Theisen, Theisens Inc. Paul Fahey, Rainbo Oil 7