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Home My WebLink About2011-014 Council Ordinances1st Reading: 6/13/11 Publication: July 5, 2011 2"d Reading: 6/ 2 7/ 1 1 Effective: August 4, 2011 Council Member Rafferty moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 14-11 AMENDING TITLE 800, CHAPTER 802 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO ON -STREET PARKING. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: Section 1. That Chapter 802, Section 802.07 of the Lino Lake Code of Ordinances is hereby established. § 802.07 Truck and Equipment Parking (1) Definitions. For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. Bus. Motor vehicle designed for carrying more than 15 passengers including the driver and used for transporting persons. Manufactured home. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Passenger automobile. Any motor vehicle designed and used for carrying not more than 15 individuals, including the driver. (a) "Passenger automobile" does not include motorcycles, motor scooters, buses, school buses, or commuter vans. Except as provided in paragraph (b), a vehicle with a gross vehicle weight rating of 9,000 to 13,000 pounds that is a pickup truck or a van is not a passenger automobile. (b) "Passenger automobile" includes, but is not limited to a vehicle that is: 1. a pickup truck or a van, 2. not used in furtherance of a commercial enterprise, and 3. not subject to state or federal regulation as a commercial motor vehicle. Recreational vehicle. Travel trailers including those that telescope or fold down, chassis -mounted campers, motor homes, tent trailers, and converted buses that provide temporary human living quarters. Semitrailer. A vehicle of the trailer type so designed and used in conjunction with a truck -tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck -tractor and shall include a trailer drawn by a truck -tractor semitrailer combination. Special mobile equipment. Every vehicle not designed or used for the transportation of persons or property and only incidentally operated or moved over a highway. Special mobile equipment includes, but is not limited to: ditch -digging apparatuses, pump hoists and other water well -drilling equipment, other road construction or road maintenance machinery, aggregate processing and conveying equipment, truck- mounted log loaders, and self-propelled cranes. Tractor. Any motor vehicle designed or used for drawing other vehicles but having no provision for carrying loads independently. Trailer. Any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle but shall not include a trailer drawn by a truck -tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. Truck. Any motor vehicle designed and used for carrying things other than passengers. Truck -tractor. A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn. (2) It shall be unlawful for any person to park, or permit to be parked, on any public street a truck in excess of 12,000 pounds licensed gross vehicle weight, a truck tractor, semitrailer, bus, manufactured home, recreational vehicle, special mobile equipment, or trailer. (3) This section shall not apply to any motor vehicle which is actively loading, unloading or performing a service. (4) No auxiliary motors or engines on any vehicle shall be allowed to operate except when actively loading, unloading or are being used to perform a service. (5) Boats and boat trailers are exempt from the provisions of Section 802.07 (2). (6) Recreational vehicle on -street parking waiver. When undue hardship may result from strict compliance with the parking restrictions above, a parking waiver may be issued by the Chief of Police or his/her designated representative as provided herein upon application therefore by the owner of the vehicle. (7) Issuance of temporary waiver. The following factors shall be considered when issuing a recreational vehicle temporary on -street parking waiver: (a) Zoning Compliance. The applicant cannot park on the property upon which his/her residence is located without violating the zoning laws relating to permitted off-street parking areas or that the applicant cannot reasonably or legally drive the subject vehicle to any other place on the property where his residence is located without violating the zoning laws relating to off-street parking. (b) Public health, safety and general welfare. Granting of the permit would not present an unreasonable threat to the public health, safety and general welfare. (c) Length of waiver. The waiver shall be for a length of time not to exceed two weeks in any calendar month. (d) Release of liability. The city shall incur no liability for any damages to a vehicle parked on a city street per a waiver for on -street parking. (e) Records. The Police Department will maintain a record of parking waivers including the nature of the request and the time period for which the parking waiver was allowed. Section 2. Effective This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Julianne Barbell, City Clerk Adopted bythe Lino Lakes City Council this 2 7 t" p day of June , 2011. The motion for the adoption of the foregoing ordinance was duly seconded by Council Memberp'Dnnne11 and upon a vote being taken thereon, the following voted in favor thereof: Rafferty, O'Donnell, Roeser, Reinert The following voted against same: none (Gallup - absent) Whereupon said ordinance was declared duly passed and adopted. AGENDA ITEM 6F STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: June 27, 2011 TOPIC: i. Consider 2nd Reading Ordinance No. 14-11, On -street Parking Requirements ACTION REQUIRED: BACKGROUND: ii. Consider Resolution No. 11-66 Approving Summary Ordinance for Publication Simple Majority Following receipt of a resident complaint regarding on -street parking of construction vehicles the City Council requested an overview of existing on -street parking requirements. The City Council reviewed existing on -street and off-street parking requirements at the May 2, 2011 work session. Council directed staff to draft an ordinance prohibiting certain vehicles from parking on city streets. A draft ordinance was presented to the council at the June 6, 2011 work session. Following review and discussion the council directed staff to place the ordinance on the June 13 council meeting agenda for consideration. The City Council approved the first reading of the ordinance on June 13, 2011. If approved, the ordinance will be in effect 30 days after publication. ANALYSIS Existing Requirements Section 802 of the City Code establishes requirements for on -street parking. The City's winter parking restrictions, found in Section 802.06 of the code, are the only requirements that limit parking on city streets. These requirements are only applicable from November to April and limit on -street parking between the hours of 2:00 a.m. and 6:00 a.m. The City Zoning Ordinance regulates the parking of vehicles on rural or residential property. The ordinance prohibits parking vehicles exceeding 11,075 pounds on a residential property unless an administrative permit has been issued complying with certain conditions. No requirements are established specifically for construction vehicles. Nor do the zoning requirements regulate on -street parking. The Zoning Ordinance does require that all personal property in a residential zoning district be stored within a building or fully screened so as not to be visible from adjoining properties and public streets with exceptions. Construction equipment, not being currently used on the premises, must be kept indoors or be screened from view. Proposed Amendments Staff has drafted a proposed amendment to Section 802 of the City Code relating to on - street parking requirements. The proposed amendment would prohibit parking of trucks exceeding 12,000 pounds licensed gross vehicle weight (weight of vehicle plus carrying capacity), trailers and similar sized vehicles including recreational vehicles, on public streets. The ordinance is not limited to residential districts but rather applies uniformly across the city. The ordinance does allow for vehicles of this type to park on -street if actively loading, unloading or performing a service. Boat and boat trailer parking is exempted from the ordinance requirements. Additionally, the ordinance provides for a recreational vehicle on -street parking waiver, available through the police department. The waiver would allow limited parking of recreational vehicles (two week maximum in a calendar month) subject to certain evaluation factors. The gross vehicle weight rating (12,000 pounds) is slightly higher than what is allowed by the zoning ordinance requirements regarding off-street parking. This threshold generally separates single rear wheel trucks such as a Ford F-350 from a similar dual rear wheel vehicle. For example the gross vehicle weight rating for a single rear wheel Ford F-350 can approach 11,500 pounds. A dual wheel version of the same truck begins at 12,600. RECOMMENDATION: Staff is recommending adoption of Ordinance No. 14-11. Staff is recommending adoption of Resolution No. 11-66, approving a summary of the ordinance for publication. ATTACHMENTS 1. Ordinance No. 14-11 2. Resolution No. 11.66