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Planning Commission Minutes October 27, 1998 Page 3 . holder of the violation and allow an opportunity to correct it. If the violation was not corrected, a notice would be sent out for a hearing on revocation. If the violation was still not corrected, the city would then seek a district court order. Chair Mesich felt the conditional use permit would enable the city to set conditions that would make it easier to enforce violations. Peter added that the conditional use permit would clearly identify what the requirements are and what a violation would be. Commissioner Schuster questioned why another ordinance is needed if there already is a nuisance ordinance. Peter Beck indicated the proposed ordinance will add the noise and odor caused by the trucks to the list of nuisances. Currently the city's nuisance ordinance follows state standards which would require the city to purchase special equipment and conduct testing. Laurie stated that the existing ordinance does not address idling of trucks during the day, or the associated odors. If the idling is addressed through the conditional use permit conditions, this will also address the odor issue. Commissioner Schuster felt the issues are adequately addressed in the current nuisance ordinance and felt the proposed ordinance would just create more problems. Laurie Mezera-Kerr explained that the new language would give her the necessary tools to go out and do her job, which is to enforce the operation of semi tractors and trailers. Currently, the trucks are permitted in residential areas and the nuisance ordinance only applies to the hours of 11 p.m. to 7 a.m. If a complaint is received regarding noise and odor during the daytime hours, she cannot enforce the nuisance ordinance. . Chair Mesich felt the ordinance was necessary and this will become more evident as the city grows. He felt the proposed language was very lenient in comparison to other cities. Peter Beck agreed that some cities do not allow the semi tractors/trailers anywhere, but felt the ordinance was appropriate as the city currently exists, due to the amount of rural area in Elk River. Commissioner Kuester felt the ordinance was reasonable and sees it as a compromise to total elimination of the parking of truck tractors and/or trailers. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO. 98-_, AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 500.06(6) OF THE CITY CODE OF ORDINANCES, PUBLIC HEARING CASE NO. OA 98-5, WITH THE FOLLOWING CHANGES: - ADD A COMMA AFTER THE WORD "VANS" IN LINE 2 OF NO.6. - CHANGE "IN EXCESS OF TEN MINUTES" TO "IN EXCESS OF FIFTEEN MINUTES" - STRIKE THE WORDS, "OR GREATER" - STRIKE THE WORDS "SHALL ALSO BE CONSIDERED A PUBLIC NUISANCE" COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-1. Commissioner Schuster opposed. .