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