10/04/2011 - City Council Public Works Committee AGENDA
PUBLIC WORKS COMMITTEE MEETING
TUESDAY, OCTOBER 4, 2011
5:00 P.M.
CONFERENCE ROOMS 2A &B
I. AGENDA ADOPTION
II. CONSIDER RECOMMENDATION REGARDING CIVIL ENFORCEMENT
FOR MAGNUM TOWING OUTDOOR STORAGE
III. OTHER BUSINESS
IV. ADJOURNMENT
41 City of Eaftali Memo
TO: PUBLIC WORKS COMMITTEE
FROM: CITY ADMINISTRATOR HEDGES
DATE: SEPTEMBER 30, 2011
SUBJECT: PUBLIC WORKS COMMITTEE MEETING — TUESDAY, OCTOBER 4
2011 AT 5:00 P.M.
There will be a meeting of the Public Works Committee at 5:00 a.m. on Tuesday, October 4,
2011, in Conference Rooms 2A &B. The purpose of the committee meeting is to discuss a
possible recommendation by the Committee for civil enforcement of a particular zoning case.
General policy information and background was provided as part of the Committee packet for its
meeting on August 1, 2011. The Committee's recommendation to include civil enforcement
among the City's options for zoning code violations was approved by the City Council at its
meeting on August 16, 2011. As part of that recommendation, the Public Works Committee was
designated to be the entity to recommend specific action on a case by case basis. Staff will
present one case for consideration of a recommendation at Tuesday's meeting. Background and
photographs will be presented at that time.
Thank you.
/s /Thomas L. Hedges
City Administrator
PUBLIC WORKS COMMITTEE MTG
MONDAY, AUGUST 1, 2011
EAGAN CITY HALL
CONFERENCE ROOMS 2 A/B
MEETING NOTES
The Public Works Committee of the City Council consisting of Councilmembers Cyndee Fields
and Paul Bakken convened the meeting at 5:00 p.m. Also in attendance were City Administrator
Tom Hedges, Director of Community Development Jon Hohenstein, City Planner Mike Ridley,
and City Attorney Mike Dougherty.
The Committee members called the meeting to order and adopted the agenda as presented.
CIVIL ENFORCEMENT OF CERTAIN ZONING CODE CASES
Community Development Director Hohenstein provided an overview of the typical code
enforcement process and its focus on achieving compliance with the City Code rather than being
punitive. He described the circumstances under which a case could proceed to the citation phase.
He noted that there are a small number of cases in which non - compliant situations persist despite
ordinary compliance efforts or criminal citations. He indicated that the City Attorney's office
had provided information regarding the option of the City undertaking civil enforcement actions
in those circumstances.
City Attorney Dougherty indicated that state law permits cities to pursue either injunctions to
stop illegal activities from occurring or abatement actions to require an owner to correct a
nuisance situation. City Planner Ridley indicated that the situations in which ordinary
enforcement efforts are not effective are rare, but when they occur, it may be worthwhile for the
City to consider the alternatives.
Councilmembers Bakken and Fields discussed the alternatives and concluded that it is
worthwhile for the City to have the necessary tools in its toolbox to respond to both ordinary and
more persistent situations. Noting that civil actions involve the City entering into a lawsuit,
rather than a typical criminal action through citation, the Councilmembers indicated that the tools
should be considered on a case by case basis and that it would be worthwhile for the Committee
to act to review the situations for specific recommendations to the City Council when they arise.
The Committee recommended to the full City Council that it:
o Authorize the consideration of civil enforcement as an option for certain ongoing or
recurring zoning code enforcement cases on a case by case basis, and
o Designate the Public Works Committee to review cases as they may arise from time to
time to make a recommendation to the City Council for the consideration of a civil
action, if appropriate.
Adjournment
The meeting adjourned at 5:45 p.m.
City of Eap In
To: Jon Hohenstein, Director of Community Development
Mike Ridley, City Planner
From: Mary Granley, Code Enforcement
Date: October 4, 2011
Subject: Former Magnum Towing site at 4871 Biscayne Avenue; Kevin Mellon
Property
Since the March 2010 acquittal of Kevin Mellon for unlawful outdoor storage, violation
of zoning code, and unlawful storage of junk vehicles and parts, City staff has been
conducting regular inspections of the Mellon property in an effort to determine any
changes occurring to the outdoor storage occurring on the site. It has been noted during
the last year that an increase in the number of vehicles and vehicle parts is occurring.
An inspection was conducted today to determine the status of the condition of the
property. The following items are being stored on the site:
• 47-F Tires
• Trouble lights on stand
• Orange safety cones
• Black Haulmark trailer
• Maroon Grand Prix 687 BMC Exp. Jan 2012
• White flatbed trailer
• John Deere skid steer loader
• Trailer/axle
• Blue tarp covered trailer/axle
• White tarp covered jet ski -type water bikes (2) on trailer
• Blue tarp covered boat on trailer
• Yellow go-kart
• Low boy trailer
• Red Pontiac current plate
• White Honda expired plate (Apr 2008)
• Grey Honda expired plate (May 2011)
• Gold Nissan plate not on file
• Grey Buick current plate
• Red Dodge expired plate (Apr 2011)
• Green Chevy truck expired plate (Aug 2010)
• Black Ford truck expired plate (Dec 2010)
• Silver Lincoln current plate
• Blue Chevy truck expired plate (Feb 2011)
• Navy with grey truck, damaged plate
• Navy Ford SUV, no plate
• Navy Ford SUV expired plate (Oct 2008)
• Red Ford truck expired plate (Aug 2011)
• Black Ford truck current
o White flatbed truck current & registers to Magnum Towing at 4861 Biscayne
Photos are attached for your reference. Also attached is a summary of the inspection
results over the past 18 months.
This information is being presented to you for consideration by the Public Works
Committee for possible enforcement alternatives.
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Report Name: CodeEnforcement Violations By City of Eagan
Violations By: Request Number
Code Enforcement Detail for
10-007084
Request#: 10-007b84 Address: 4871 Biscayne Ave
Violation Type: Land Use Violation
Ordinance #: 11.60 Assigned To: Mary Cranley
Printed: 10/4/2011
Page; 1
Violation Date: 5/4/2010
Closed Date:
Action Type: Inspection Action Date: 4/2/2010 Follow Up Date:
Action Notes: On April 2, 2010, Jeff was out on inspections and noted at the Magnum site (Kevin Mellon property at 4871
Biscayne Ave) that the sign was still posted for Magnum Towing; the pop machine; the yellow John Deere skid
steer loader; a black flatbed trailer; a red pick up truck with a light bar; and a red tow truck. One photo taken anc
assigned number 10-007084-011.
Action Type: Inspection Action Date: 4/22/2010 Follow Up Date:
Action Notes: On April 22, 2010, Jeff M was out on inspections at Magnum Towing site (Kevin Mellon property 4871 Biscayne
Ave)and noted the white flatbed tow truck parked on the site with a towed vehicle parked on the flatbed portion
of the tow truck. The towed vehicle was red, possibly a Grand Prix, partial plate number appears to be MUK or
MUW 11 something. Gate was locked and chained. Two photos taken. Photos assigned numbers
10-007084-009-010.
Action Type: Inspection Action Date: 5/4/2010 Follow Up Date:
Action Notes: On May 4, 2010, Tom M was on inspections and noted the Magnum Towing site (Kevin Mellon property 4871
Biscayne Avc)sign still posted in front of the guard shack; and the following items parked on site: the white
flatbed tow truck (YAW 1242); the red tow truck (plate YBC0810); the yellow John Deere skid steer loader; pop
machine; tools; vehicle parts; garbage can. Photos were taken and named 10-007084-001 thru 008.
Action Type: inspection Action Date: 612;2010 Follow Up Date:
Action Notes: On. June 2, 2010 Jeff M was out on inspections and noted at Magnum Towing site (4871 Biscayne Ave) and
noted two Ski -boos on trailers, a tarped boat, a red tow truck, a black covered utility trailer, a white flatbed tow
truck, and the pop machine. Three photos taken and named 10-007084-015 thru 017.
Action Type: Inspection Action Dater 6/23/2010 Follow Up Date:
Action Notes: On June 23, 2010, Jeff M was out on inspections and noted at Magnum ToNving (Kevin Mellon property at 4871
Biscayne Ave) the pop machine; the black flatbed trailer with at least 10 tires and vehicle parts stored on it. A
blue oil drum on the property. A white flatbed tow truck with a red vehicle stored alongside it. A red tow truck,
a black covered utility trailer, a yellow John Deere skid steer loader, a boat on a trailer, and a Ski -Doo on a traile
Three photos taken and assigned numbers 10-007084-012 thru 014.
Action Type: Inspection Action Date: 7/12/2010 Follow Up Date:
Action Notes: On July 12, 2010, Tom M was out on inspections and noted at Magnum Towing (Kevin Mellon property at 4871
Biscayne) the following: pop machine; blue oil drum; red tow truck; blatbed trailer with plastic gas cans and autc
parts on it; yellow John Deere skid steer loader; white flat bed tow truck; black covered utility trailer; blue tarped
covered boat on trailer; Ski -Doo on trailer; John Deere plow attachment. One photo taken and assigned number
10-007084-034.
Action Type: Inspection Action Date: 7/29/2010 Follow Up Date:
Action Notes: On July 291 2010, Jeff M was out on inspections and noted at Magnum Towing (Kevin Mellon property at 4871
Biscayne) the following: two tarped Ski -Dons on trailers; blue tarped boat on a trailer; black covered utility
trailer; Magnum Towing sign at front of property; pop machine; red tow truck; black flatbed trailer covered with
plastic gas cans, coolers, auto parts; yellow John Deere skid steer loader; skid steer plow allacliment; white tow
truck. Four photos taken and named 10-007084-018 thru 021.
Action Type: Inspection Action Date: 8/9/2010 Follow Up Date:
Action Notes: On August 9, 2010 Tom M was out on inspections and noted at the Magnum Towing property (Kevin Mellon
property at 4871 Biscayne) the following conditions: Three stacks of 13 tires; red tow truck; garbage can; white
tow truck; black covered utility trailer; flatbed trailer with plastic gas cans and junk vehicle parts; yellow Jolui
Deem skid steer loader: blue tarp covered boat on trailer. Two photos taken and number 10-007084-035 and 036
Action Type: Inspection Action Date: 8/26/2010 Follow Up Date:
Report Name: CodeEnforcement Violations By City of Eagan Printed: 10/4/2011
Violations By: Request Number Page: 2
Code Enforcement Detail for
10-007084
Action Notes: On August 26, 2010, Jeff M was out on inspections and noted at the Magnum Towing property (Kevin Mellon
property at 4871 Biscayne Avenue) the following: At least 4 stacks of tires totally 28 in number; one stack stored
on a trailer ramp; red tow truck; garbage can; lawnmower; black covered utility trailer; blue tarped boat; red pick
up truck; silver metal box; yellow John Deere skid steer loader. Five photos taken and named 10-007084-022 thr
026.
Action Type: Inspection Action Date: 9/10/2010 Follow Up Date:
Action Notes: On September 10, 2010, Jeff M was out on inspections and noted at the Magnum Towing site (Kevin Mellon
property at 4871 Biscayne Ave) the.following: Black covered utillity trailer; silver box in front of trailer; blue
tarped boat on -a trailer; two red pick up trucks; pop machine; red tow truck; 3 or more stacks of 15 or more tire:
yellow John Deere skid steer loader; flatbed trailer with plastic gas cans and auto parts stored on it. Three
photos taken and named 10-007084-027-029.
Action Type: Inspection Action Date: 10/27/2010 Follow Up Date:
Action Notes: On October 27, 2010, Jeff M was out on inspections and noted at the Magnum Towing site (Kevin Mellon's
property at 4871 Biscayne Ave) the following: Two garbage cans; red tow truck; yellow John Deere skid steer
loader; two stacks of at least 10 tires; white flat bed tow truck; black covered utility trailer; blue tarped boat on
trailer; Ski -Doo on trailer; blue tow truck; red pick up truck. One photo taken of the site and numbered
10-007084-030:
Action Type: Inspection Action Date: 11/22/2010 Follow Up Date:
Action Notes: On November 22, 20 10, Jeff M was out on inspections and noted on the Magnum Towing property (Kevin
Mellon property at 4871 Biscayne Ave) the following items: pop machine; garbage can; yellow John Deere skid
steer loader; black covered utility trailer; blue tarp covered boat on trailer; Ski -Doo on trailer; yellow go-cart; bh;
tow truck; red tow truck; red pick up truck. Three photos taken and numbered 10-007084-031 thru 033.
Action Type: Inspection Action Date: 12/14/2010 Follow Up Date:
Action Notes: Snapped photos while out on sign sweep. Drive is plowed.
Action Type: Inspection Action Date: 1/13/2011 Follow Up Date:
Action Notes: Inspected and took photos.
Action Type: Inspection Action Date: 2/22/2011 Follow Up Date:
Action Notes: Snapped a few photos while out on inspections.
Action Type: Comp phone call Action Date: 2/25/2011 Follow Up Date:
Action Notes: On. February 25, Comp 92 called in that Magnum has Oldsmobile, Cadillac Catera, and 3rd vehicle stored on the
site. With recent snowfall, owner has piled everything up against his fence to create a privacy area for him to
place those vehicles.
Action Type: Inspection Action Date: 2/28/2011 Follow Up Date:
Action Notes: Same vehicles inside the fenced area.
Action Type: Inspection Action Date: 3/28/2011 Follow Up Date:
Action Notes: While out on sign sweep took photos. 10 different vehicles. Tow trucks, trucks and cars. A Boat and 3 Trailers
Action Type: Comp phone call Action Date: 4/112011 Follow Up Date:
Action Notes: On 04-01-11, comp #2 called and stated Magnum has 5 vehicles total. A tow truck, boat, 2 jet skids, 2 trailers, a
Or kart. One of 2 is a dark red Ford pick up with silver stripes, it is frill of junk. He had it there before and has
broueht it back full of iunk.
Action Type: Inspection Action Date: 4/11/2011 Follow Up Date:.
Report Name: CodeEnforcement Violations By City of Eagan
Violations By: Request Number
Code Enforcement Detail for
Action Notes: Inspected by Tom and Jeff.
5 passenger cars
2 tow trucks
2 pickup trucks
3 trailers
1 go-kart
I skid steer loader
I boat
1 jet ski
Pop machine
12 or more tires
[[IalIlUNE
Photos taken. Vehicles, equipment and trucks stored at site:
Printed: 10/4/2011.
Page: 3
Action Type: Internal corrununication Action Date: 4/12/2011 Follow Up Date:
Action Notes: Rcvd em & vin from staff concerning activity at site. Was asked for an update on case. Sent em to all that
Mellon has added or taken away vehicles regularly. Sometimes there are no extra vehicles other than his own
that have always been there; sometimes he has several extra vehicles. We have been keeping an eye on the
place, documenting, & compiling evidence of the continued violations.
Action Type: Inspection Action Date: 4/12/2011 Follow Up Date:
Action Notes: While in area on another inspection, Tom took 2 photos of back side of site indicating there is a boat, and it
annears to be 2 iet skis stored on ton of another boat and 21 tires.
Action Type: Internal communication Action Date: 4/12/2011 Follow Up Date:
Action Notes: Forwarded Tom's 2 photos from today to Sharon Hills and staff.
Action Type: Internal communication Action Date: 4/22/2011 Follow Up Date:
Action Notes: Discussion on how to enforce on this property. 1) charge again, storing without a CUP; 2) sue it out as a civil
mandatory injunction preventing fiom storing; 3) abate the nuisance by removing the public health & safety
hazards.
Action Type: Inspection Action Date: 5/4/2011 Follow Up Date:
Action Notes: Driving by while out on inspections. Snapped a few pictures. Noticed a vehicle on the street in front of property
with flat tire. Looked up plate and person lives in Apple Valley.
Action Type: Inspection Action Date: 5/5/2011 Follow Up Date:
Action Notes: Vehicle still parked in the same place.
Action Type: Inspection Action Date: 5/9/2011 Follow Up Date:
Action Notes: While out on sign sweep drove by to see if the same car was parked out in front of property. Car removed and a
differentcar is parked in front of property with Wisc. plates.
Action Type: Comp -staff proactive enforcement Action Date: 5/23/2011 Follow Up Date:
Action Notes: Noticed offender at the property while out on sign sweep.
Action Type: Comp phone call Action Date: 7/20/2011 Follow Up Date:
Action Notes: Comp called to report Mellon has increased the inventory at the site. He has 9-10 cars, boats, 50 tires, and the
pop machine; more of the same storage. Thought we'd like to know. Asked JM and TM to drive past to take
photos when out on inspections today.
Action Type: Inspection Action Date: 7/2112011 Follow Up Date:
Action Notes: Inspected by Jeff and photos taken, based on recent complaint of increase in items stored on property.
Action Type: Offender phone call Action Date: 8/4/2011 Follow Up Date:
Action Notes: Comp called and stated that Mellon has added a couple more cars to the lot. A Lincoln Continental Town car,
older, about a 1983 or 1984; and a Chrysler Sebring with the hood up, which has been there a few clays.
Action Type: Inspection Action Date: 8/15/2011 Follow Up Date:
Report Name: CodeEnforcement Violations By Printed: 1.0/4/2011
Violations By: Request Number City Of Eagari. Page: 4
Code Enforcement Detail for
10-007084
Action Notes: Took a couple photos while out on sign sweep.
Action Type: Comp phone call Action Date: 8/29/2011 Follow Up Date:
Action Notes: Comp called stating Magnum is rearranging within his lot. Comp thinks there are more vehicles there. States
there is a "wild arrangement there like he is.screening". States Mellon has done some grading to the site. Comp
states this is an update and a complaint.
Action Type: Inspection Action Date: 9/7/2011 Follow Up Date:
Action Notes: Appears some of the vehicles are being moved around. He has 17+ vehicles, trailers, jet skis, tow trucks, 50+
tires stacked next to guard shack; sign is back up. pics.
Action Type: Inspection Action Date: 10/4/2011 Follow Up Date:
Action Notes: Inspection of site with photos. Noted the following:
• 47+ Tires
• Trouble lights on stand
• Orange safety cones
• Black Haulmark trailer
• Maroon Grand Prix 687 BMC Exp. Jan 2012
• White flatbed trailer
• John Deere skid steer loader
• Trailer/axle
• Blue tarp covered trailer/axle
• White tarp covered jet ski -type water bikes (2) on trailer
• Blue tarp covered boat on trailer
• Yellow go-kart
• Low boy trailer
• Red Pontiac current plate
• White Honda expired plate (Apr 2008)
• Grey Honda expired plate (May 2011)
• Gold Nissan plate not on file
• Grey Buick current plate
• Red Dodge expired plate (Apr 2011)
• Green Chevy truck expired plate (Aug 20 10)
• Black Ford truck expired plate (Dec 2010)
• Silver Lincoln current plate
• Blue Chevy truck expired plate (Feb 2011).
• Navy with grey truck, damaged plate
• Navy Ford SUV, no plate
• Navy Ford SUV expired plate (Oct 2008)
• Red Ford truck expired plate (Aug 2011)
• Black Ford truck current
Action Type: Extra notes on case Action Date: 10/4/2011 Follow Up Date:
Action Notes: Also White flatbed truck current & registers to Magnum Towing at 4861 Biscayne
Memo done to Jon and Mike on status of nrooerty condition.
'total # of Requests: 1
Total # of Actions: 36