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Newspaper Clipping - Newspaper Clipping Scan - Proposed city ordinances since 2000, including RV, boat, and other storage in driveway. - 1/1/2000Patch T/ Transfer Patch S City amends trapping ordinance for coyotes Police now have the authority to contract for professional trapping, shooting by Erin Johnson THISWEEK NEWSPAPERS The Eagan Police Depart- ment now has the authority to use control measures against coyotes should the need arise. The City Council on Tuesday approved an ordinance amend- ment that would allow a pro- fessional contractor to trap and shoot coyotes should they pose a threat to the public. Over the past year, five pets were attacked and one killed by coyotes. There has never been a report of a coyote attacking a human in Minnesota. An increase in Eagan's coy- ote population and public con- cern prompted police to request the amendment at a special City Council meeting in March. The move is simply a pre- caution and control measures are not yet needed, said Eagan Police Chief Kent Therkelsen. "There is no anticipation of engaging in any control mea- sures at this time," 6ce said. "Since March, we've had 23 additional sightings and no ad- ditional attacks on domestic ani- mals." Therkelsen said he attributes that in part to the department's information campaign, which emphasizes preventative mea- sures for residents. Council members Mike Ma - See Coyotes, 7A Coyotes/from IA guire and Cyndee Fields objected to passing the amendment with- out immediate cause. "At this point it hasn't gotten any worse, and I don't want to have the ordinance out there with- out us knowing when the trapping may or may not occur," Maguire said. "I am going to vote against it because there's no need for it." Therkelsen told the council that the police department would notify the council if it felt there was an imminent threat to public safety that would require trapping and shooting coyotes. The amendment passed on a 3-2 vote, with Maguire and Fields voting against it. Erin Johnson is at eagan. thisweek@ecm-inc.com. City amends ordinance regarding outdoor sales By BRENDA HAUGEN neighborhood business, general business, community shopping In response to concerns about center, regional shopping cen- temporary outdoor events and ter and limited industrial un- seasonal outdoor sales, the Ea- less the council grants a condi- gan City Council unanimously tonal use permit. approved an amendment to the The ordinance amendment zoning code to address the also mustsets be meteral standards ranging fromthat t e problem. Before the amendment, city siting of the proposed enclo- code didn't specifically pro- sure to parking and hours of vide for temporary outdoor operation, depending on the events or seasonal outdoor event. The council and city staff sales. The outdoor storage pro- The council and city staff visions simply served as a way have been working on the issue to regulate outdoor sales ac- with, input from local business tivities, according to Senior people, since July. The Planner Lisa Freese. amendment's goal is minimiz- Under the new ordinance ing regulatory requirements for temporary outdoor events and businesses attempting to con - seasonal outdoor sales are de- duct the events, while main - fined and limited n duration. taining a balance of respect for Outdoor storage will only be permitted in areas zoned (See Sales, p.12A) CAN m4:s Wea, Ock' 1ggG Sales (Continued from front page) adjacent property owners, ac- cording to Freese. Scott Smith, owner of Smitty's on Yankee Doodle Road and Highway 149, told the council Oct. 15 the amendment is "very well worked out. "Everything we worked out is very good." Speaking before the Advisory Planning Commission in June, Smith expressed concern re- garding the ordinance and whether it would affect his business, which often runs tent sales. Others, on either side of the issue, also spoke to how the amendment would affect them. Smith said the fact that he was the only one present for the council meeting showed that concerns were addressed. The amendment ensures that businesses with legitimate out- door events will be allowed to hold them if they follow the city's rules, Smith said. "Precisely," said Mayor Tom Egan. "Be a good neighbor to the (person) next door." According to City Adminis- trator Tom Hedges, the only exemption this year would be for Christmas tree sales. Hedges said there isn't enough time before tree sales start for those involved to get the nec- essary applications filled out and approved under the new ordinance. t Oat; 2o, f4 f L -az to ,k off. Council members question enforcement of sign ordinance by Dan Gearino Staff Writer The city of Eagan's sign ordinance is the most liberal among its immediate neigh- bors, but that doesn't stop political candidates from breaking the rules. In Eagan, campaign signs can be placed in any public right of way as long as they are more than 10 feet away from the curb. Most cities des- ignate specific areas for signs or specify a larger setback. Because of Eagan's liberal sign ordinance, candidates purchase hundreds of signs and place them along seem- ingly every street in town, cre- ating what many citizens believe is an unattractive sign glut. One of the few prohibi- tions in Eagan's ordinance is that signs may not be placed on fences, but a drive down major streets, such as Lexington Avenue, shows that this rule has been broken dozens of times. "We have an enforcement problem," said Eagan City Council Member Paul Bakken at the Sept. 19 council meet- ing. At the meeting, Council Member. Peggy Carlson brought up the rampant post- ing of signs on fences, which led to Bakken's comment. "We've got one or two can- didates who think they're above the law," Bakken said. At the Aug. 15 City Council meeting, the council See Signs, 14A 9 21' Signs/Continued unanimously approved schedul- ing a public hearing for Nov. 21 to discuss potential changes to the sign ordinance. Despite his support for scheduling the hear- ing, Bakken is skeptical about the benefits of changing the ordinance, concerned abut enforcement and limiting candi- dates' free speech. Because signs on fences are on private property, the city does not have the authority to remove them. Instead, according to City Attorney Mike Dougherty, city staff must send property owners a letter informing them that they are in violation of the ordinance and give a reasonable amount of time to remove the signs. When candidates filed to run for City Council, they were given a flier outlining the city sign ordinance. While some signs have been illegally placed, others are have been illegally removed. There is a difference of opinion as to whether the removal is political- ly motivated. "There is so much vandalism with these signs," said Council Member Bea Blomquist at the Sept. 19 meeting. "There is a lot of anger in this community" Carlson believes that the missing signs are most likely removed by youth who have no opinion about the political races. RV/Continued 11 unless the owners of the abut- ting properties issue written consent to waive the provision. Bob Kirmis of the Eagan planning staff said that he believes the changes will satisfy the residents who were dis- pleased with the original amendment. The City Council directed the APC to look into an amend- ment several months ago after the city received many calls complaining about vehicles parked in a manner that was per- ceived as a blight on the neigh- borhood. Brenda Wilde has a small camper that she parks in her front cribeway. She was so dis- pleased with the original amendment that she and several other RV owners produced tiers and went door-to-door to orga- nize opposition. Under the revised amendment, she could leave her camper exactly as it is. "I'm happy that the commis- sion decided to make changes, but the changes didn't go far enough," Wilde said. Wilde said she believes resi- dents should be able to park wherever they want in their yard as long as the area is kept neat and clean. Wayne Riley, who helped Wilde with the fliers and owns a small boat that he stores in a wraparound driveway, agreed that the APC didn't go far enough. "It's a token effort," he said. Under both the original and revised amendment Riley would have to move his boat because it is within five feet of a lot line. The APC will hold a public hearing June 27 to take citizen comment on the revised amend- ment. The hearing will take place at 6:30 p.m. in the council chambers at the Eagan Municipal Center. If the APC doesn't make any other major changes, the City Council will likely consider the amendment sometime in July. TODAYS THE DAY Stop Smoking American Heart dra Association- RV ordinance amendment is revised but some residents still not satisfied by Dan Gearino Staff Writer The Eagan Advisory Planning Commission (APC) voted May 11 to make changes to the recreational vehicle -stor- age amendment which they have been considering for sever- al months. The changes were made after the original version of the amendment drew heated criti- cism from RV owners at an April 13 public hearing. The original amendment pro- hibited parking an RV in a front yard or driveway. The new ver- sion allows two class I RVs (20 feet or less in length) or one class II RV (20 feet or more in length) in the driveway, but not in the front yard. RVs parked in a driveway must be more than 15 feet away from a roadway. In both versions, RVs may be parked in a side yard or back yard as long as they are on a hard surface and are five feet or more from a lot line. In both versions, RV owners must provide screening with fencing or shrubbery to keep 50 percent of the vehicle out of view of abutting properties See RV, 12A "ems week mat a? aon i Compromise reached on new RV rage ordinance Proposal to be detailed May 23, with June 27 public hearing By Joshua Nichols Sun Newspapers Aiming for a compromise ac- ceptable to residents who want restrictions placed on RV storage in single family residential areas and those residents who oppose such restrictions, the Eagan Ad- visory Planning Commission worked out new wording May 11. Residents would be allowed to store in front of their home (on a paved or gravel surface) a maxi- mum of two RVs that are each less than 20 feet in length OR one RV that is more than 20 feet in length. Unlike the older wording, no screening would be required for storing RVs in the driveway. A maximum of three RV's is allowed outside storage on the total property. Past ordinances allowed for all three RV's to be stored in front of the house with no re- strictions on the number parked behind the house. "Our role is to address the con- cerns of residents who feel the storage of RVs is obtrusive," said Commissioner Jerry Segal. "Ob- viously if a big camper is parked in a driveway, it's not going to just go away and the neighbors are not going to like it. We just need to find some kind of compromise." The new wording, ironed out during a May 11 workshop meet- ing, does away with an earlier proposal requiring screening for RV storage in driveways and the sides of yards. Under the city's ordinances, recreational vehi- cles include boats, campers, snowmobiles and trailers. Like the previous proposal, the new wording would prohibit parking RVs on the front lawn of a property. "What seems to be the general consensus from all that we have heard is that people don't park them on their front yards any- way, so they wouldn't be opposed to prohibiting that," said commis- sion Chairperson Carla Heyl. Segal said he wanted the parking surface for driveway storage compatible with the lan- guage laid out for off-street park- ing in city ordinances, something the new wording does. "My main concern was to keep the yards neat and make it so it doesn't bother the neighbors," said Greg Steininger. "I don't think we were being realistic with the screening requirement. I just want something that keeps the junky ones from being a prob- lem in neighborhoods. A well maintained RV looks better than a fence or a tarp." Instead, screening will only be required for RVs being stored in the back yards of property where it can be seen from abut- ting properties. For those RVs, at least 50 percent of the vehicle's visibility must be screened through either fencing or plants from abutting properties, includ- ing property separated by a pub- lic right of way such as a street. In addition, RVs stored out- side must be set back 15 feet from any road surface, some- thing only allowed for up to 72 hours for loading and unloading under the current ordinance. In its original form, the ordi- nance proposal drew sharp criti- cism from residents, with 120 showing up at an April 13 com- mission meeting. Following the public'comment, the commission voted unanimously to put off a decision pending further review. As part of that, the city allowed residents to provide their feedback on the ordinance and make com- ments and suggestions through its Web site. According to senior plan- ner Mike Ridley, 91 residents re- sponding on the Web site were against the ordinance, 47 were for it and 12 were undecided. Heyl said the ordinance came from complaints from residents that the city doesn't have anything on the books now to address prob- lems associated with RV storage. "We felt we needed to get something on the books to deal with it," she said. Heyl said the city has not kept track of the number of complaints it has received regarding storage of recreational vehicles because it RV STORAGE: To Page 9A www.mnSun.com RV storage From Page 1A did not have an ordinance to address it. However, Ridley said that based on his research the city has received 80 com- plaints regarding vehicle parking over the past six months. Although roughly half of those dealt with automobiles, the other half concerned recreational vehicles, he said. The city would not proactively inspect the community to ensure that residents comply with the ordinance, Heyl said. In- stead, the city would respond to resi- dents' complaints. . The commissioners acknowledged that making everybody happy with the ordinance wording is nearly impossible. "We can't really solve the problem of pleasing everybody completely," Heyl said. "All we can do is ask ourselves is this a happy medium? Is that going to make everyone happy? No. Is that going to hurt some people? Perhaps, but we deed to find a compromise." Thewording for the new ordinance will be available at the commission's May 23 meeting. The public hearing will most likely be set for the June 27 meeting. The commission will. make its recom- mendation to the City Council, which has the final say on the ordinance amendment. Cornpromise reached on new RV storage ordinance Proposal to be detaiCed May 23, with June 27 public hearing By Joshua Nichols Sun Newspapers Aiming for a compromise ac- ceptable to residents who want restrictions placed on RV storage in single family residential areas and those residents who oppose such restrictions, the Eagan Ad- visory Planning Commission worked out new wording May 11. Residents would be allowed to store in front of their home (on a paved or gravel surface) a maxi- mum of two RVs that are each less than 20 feet in length OR one RV that is more than 20 feet in length. Unlike the older wording, no screening would be required for storing RVs in the driveway. A maximum of three RV's is allowed outsjde storage on the total property. Past ordinances allowed for all three RV's to be stored in front of the house with no re- 5- -ram strictions on the number parked behind the house. "Our role is to address the con- cerns of residents who feel the storage of RVs is obtrusive," said Commissioner Jerry Segal. "Ob- viously if a big camper is parked in a driveway, it's not going to just go away and the neighbors are not going to like it. We just need to find some kind of compromise." The new wording, ironed out during a May 11 workshop meet- ing, does away with an earlier proposal requiring screening for RV storage in driveways and the sides of yards. Under the city's ordinances, recreational vehi- cles include boats, campers, snowmobiles and trailers. Like the previous proposal, the new wording would prohibit parking RVs on the front lawn of a property. "What seems to be the general consensus from all that we have heard is that people don't park them on their front yards any- way, so they wouldn't be opposed to prohibiting that," said commis- sion Chairperson Carla H,eyl. Segal said he wanted the parking surface for driveway storage compatible with the lan- guage laid out for off-street park- ing in city ordinances, something the new wording does. "My main concern was to keep the yards neat and make it so it doesn't bother the neighbors," said Greg Steininger. "I don't think we were being realistic with the screening requirement. I just want something that keeps the junky ones from being a prob- lem in neighborhoods. A well maintained RV looks better than a fence or a tarp." Instead, screening will only be required for RVs being stored in the back yards of property where it can be seen from abut- ting properties. For those RVs, at least 50 percent of the vehicle's visibility must be screened through either fencing or plants from abutting properties, includ- ing property separated by a pub- lic right of way such as a street. In addition, RVs stored out- side must be set back 15 feet from any road surface, some- thing only allowed for up to 72 hours for loading and unloading under the current ordinance. In its original form, the ordi- nance proposal drew sharp criti- cism from residents, with 120 showing up at an April 13 com- mission meeting. Following the public comment, the commission voted unanimously to put off a decision pending further review. As part of that, the city allowed residents to provide their feedback on the ordinance and make com- ments and suggestions through its Web site. According to senior plan- ner Mike Ridley, 91 residents re- sponding on the Web site were against the ordinance, 47 were for it and 12 were undecided. Heyl said the ordinance came from complaints from residents that the city doesn't have anything on the books now to address prob- lems associated with RV storage. "We felt we needed to get something on the books to deal with it," she said. Hey! said the city has not kept track of the number of complaints it has received regarding storage of recreational vehicles because it RV STORAGE: To Pa 9A www.mnSun.com RV storage From Page lA did not have an ordinance to address it. However, Ridley said that based on his research the city has received 80 com- plaints regarding vehicle parking over the past six months. Although roughly half of those dealt with automobiles, the other half concerned recreational vehicles, he said. The city would not proactively inspect the community to ensure that residents comply with the ordinance, Heyl said. In- stead, the city would respond to resi- dents' complaints. The commissioners acknowledged that making everybody happy with the ordinance wording is nearly impossible. "We can't really solve the problem of pleasing everybody completely," Heyl said. "All we can do is ask ourselves is this a happy medium? Is that going to make everyone happy? No. Is that going to hurt some people? Perhaps, but we need to find a compromise." The wording for the new ordinance will be available at the commission's May 23 meeting. The public hearing will most likely be set for the June 27 meeting. The commission will make its recom- mendation to the City Council, which has the final say on the ordinance amendment. By BRENDA HAUGEN port. Safety is a concern when it -IS co/-r . -E-c5 cars are parked on the west Safety concerns prompted the side of the street and pedestri- Eagan City Council to restrict ans cross the street to enter the on -street parking in four loca- school grounds, Colbert said. tions, and more bans may be • Post no parking on east side on the way. of Rahn Road from Shale Lane At its Sept. 20 meeting, the to Cliff Lake Road. council unanimously approved According to the staff report, on -street parking restrictions in both sides of the street from the following areas: Shale Lane to Cliff Lake Road • Post no parking on both are lined with cars during ball sides of Town Centre from games and other events even Mann Theatre to Lexington though the parking lot isn't full. Avenue and post O'Leary Lane A safety problem exists when on both sides from Town Cen- pedestrians cross the street at tre to Yankee Doodle Road. mid -block or if vehicles are According to. Public Works entering Rahn Road from the Director Tom Colbert, the city townhouse complex, according has received "numerous com- to staff. plaints" regarding parking in Hunter ;aid these last two this area, and many accidents issues were the most dangerous have been recorded there as because they involve the use well in the last three years. of school and recreational The manager from Water- fields. Colbert pointed out that view Apartments told the, people are parking on the council she is aware of the streets rather than in the park - parking situation and apart- ing lots because of conven- ment residents will have to be fence. informed they must use their garage spaces for vehicles, not Safety concerns prompt on -street parking restrictions at four Eagan sites The on -street parking restric- tions were set to take effect in 30 days. The issue initially was brought before the council in a Sept. 5 workshop in response to increased on -street parking in Eagan. Council members di- rected city staff to bring all requests for restricting on -street parking directly to the council for review and formal action. Staff identified these four loca- tions as priorities for the com- munity. "These were the most criti- cal," Colbert said. Colbert added more locations will be forwarded to the coun- cil in the future. Wachter said the Blue Cross/Blue Shield road is a problem, probably because the parking ban isn't enforced. Wachter said en- forcement needs to take place at the new locations as well as at sites where parking already is banned. storage. She added the apart- ment staff will look into other solutions as well. "We are working on the prob- lem," she said. • Post no parking on both sides of Thomas Centre Drive from Cliff Road to Thomas Lake Road. According to the staff report, parking on this street appears to be more of a convenience than a necessity. The parking lot for Life Time Fitness is adequate for parking, but on - street parking is closer to the entrance door, the report states. Council Member Shawn Hunter agreed, saying he is guilty of parking on the street rather than in the business' parking lot because on -street parking is closer to the build- ing entrance. If on -street park- ing is illegal, he would park in the lot as would others who have parked on the street in the past, he said. A representative from Life Time Fitness said eliminating on -street parking would be a hardship for the business be- cause the parking lot does fill up, especially during the peak times of 5-9 p.m. He added that he has approached Thomas Lake Center business people, but they won't allow the fitness club to use parking in that lot. Council Member Ted Wachter said business people in the area have approached him and said they can't oper- ate their businesses efficiently with fitness club members parking behind their busi- nesses. He added that the wel- fare of all involved leads him to ban on -street parking at this location. "Safety is a big issue," Wachter said. • Post no parking on the west side of Thomas Lake Road from Audubon Court to High - line Trail. According to the staff report, on -street parking in this area is a problem when special events are held at Thomas Lake Ele- mentary School. The curve of the road and the 35 mile -per - hour speed limit compound the problem, according to the re- License needed to haul construction debris Those who store or haul more than four cubic yards of construction or demo- lition debris are subject to a revised city ordinance in Eagan. Haulers for hire now must purchase an annual city license and comply with city rules regarding removal and transit of debris. Fees are $50 for the first vehi- cle and $25 for each additional vehicle. Haulers must display an annual identifi- cation sticker on the vehicles. Debris includes waste building mate- rials, packaging and rubble resulting from remodeling, repair or construction of buildings. 7‘/3aAetic. soup to nuts e,��6Ag,T1 Ordinance creates an uncomfortable feeling By BRENDA GUDERIAN I left the Eagan City Council meeting Tuesday night, June 7, disappointed and disheartened. But I usually feel that way when a governmental body starts play- ing with the first amendment. The council narrowly passed an ordinance regulating picketing in residential areas. It says that picketers should get permission from the police department before they picket, that neighbor- ing residents should be apprised there will be a demonstration and that hours and numbers of per- sons is restricted. So much for "free" speech! The ordinance received a lot of publicity from Twin Cities media, which should have served as a clue that the ordinance was not a good idea. But the council went ahead and passed it. Most of the disappointment I feel came from seeing that no one was disturbed that the council was even discussing the subject. And although several residents called the city objecting to the or- dinance, only one citizen spoke at the meeting when it was approv- ed. It was not a burning issue, as one council member pointed out. Maybe no additional residents showed up because they couldn't believe the council would pass such a thing. Never underesti- mate the ability of a governmen- tal body to pass a law whenever and wherever possible! From comments made by Capt. Pat Geagan of the Eagan Police Department, it seems the ordinance wasn't needed to keep the peace; all it does is codify what was common practice. The department often received ad- vance notice of an intended picket. Residents were peaceable and considerate, even before the passing of the ordinance. Eagan is unique in having this type of ordinance on the books. There is no immediate threat to society. If the Eagan Police De- partment is as concerned about a "surprise" picketing as they say they are, serious discussion should be done about the size and effectiveness of the department. Not to say there aren't some good points in the ordinance. It points out that persons have a right to "well-being, tranquility and privacy" in their homes. But sharing opinions and letting our voice be heard does not always mean everyone will be comfort- able with that. Picketing in resi- dential areas is a way of voicing opinions and also nutting nress- ure on the receiver. If your neigh- bors were upset about picketers next door, you'd probably do something fast. I was also disappointed in Mayor Vic Ellison and Council Member Pam McCrea. They both had very personal reasons to totally oppose such a measure. Ellison, as he reminds everyone, was a journalist at one time, and McCrea participated in demon- strations during the Vietnam era. However, it appears they have joined the "anyone over 30 can't be trusted" group, as the saying used to go. McCrea, to her credit, did vote against the ordinance, but her reasons were directed more against the wording of the ordinance than its intent. It's easy to say the ordinance does no real harm to people's freedom of expression in Eagan. The rules are easy to live by. -But the more rules we swallow, the more we'll be forced to swallow in the future. Just to be on the' safe side on the protection of our constitutional rights, a red flag should go up every lime an ordin- ance or law might take some of those rights away. Thank you for reading this. 1 feel better for having expressed it. Tuesday, -le 28, 1988 Eagan mayor doesn't regret backing off picketing law By Bruce Orwell Staff Writer Eagan Mayor Vic Ellison said he isn't sorry the city quickly rescind- ed its ordinance restricting demon- strations in residential areas, even though the Supreme Court upheld a similar Wisconsin ordinance Mon- day. The Eagan City Council in June passed an ordinance requiring per- mits for picketing in residential areas and restricting the length and size of demonstrations. But af- ter two weeks of legal threats, complaints from citizens and unfa- vorable publicity, the city council rescinded the new ordinance last Tuesday. The decision was based not on a philosophical change, Ellison said, but rather the city's unwillingness to engage in a costly defense of an ordinance that wasn't a high priori- ty to begin with. "We felt from the beginning that the ordinance we had structured would meet constitutional muster," Ellison said. "It just wasn't worth the time and money to defend it." Monday's Supreme Court ruling probably wouldn't have deterred legal challenges, either, Ellison said: "It would not have stopped others in their attacks." 4 a t n t The Brookfield, Wis., ordinance banned the picketing of a specific home while allowing general marches through residential areas, and Justice Sandra Day O'Connor's opinion for the court said the nar- row focus of the ordinance made it permissible. Eagan's ordinance placed more general restrictions on demonstra- tions in neighborhoods. It would have required a permit, limited demonstrations to the hours of 10 a.m. to 8 p.m. and held the number of participants down to 50. Eagan is unlikely even to con- template an ordinance replicating the Brookfield law, Ellison said. "We've been down that path be- fore," he said, "and we're not likely to go down it again. It is ironic, though, that the Supreme Court would rule on this just a week or two after we rescinded our ordi- nance." 1 INDEX Opinion Page 4A Worship Directory..Page 24A Let It Be Known...Page 25A Calendar Page 27A Sports Page 28A Classifieds Page 18 City Council declines to vote on RV ordinance Status left in air after council can't agree on when to further discuss it By Joshua Nichols 3un Newspapers It appears Eagan residents adamantly opposed to a pro- posed amendment dictating how RVs can be stored in yards may have won their fight. The Eagan City Council could not agree during its July 18 meeting whether to bring the ordinance back to the council at a later meeting. The ordinance was before the council for its first public hearing at the coun- cil level. Previous public hearings be- fore the city's Advisory Plan- ning Commission (APC) on the proposed amendment affecting recreational vehicles, which in- clude boats, campers, snowmo- biles and trailers, were met with high turnouts of residents opposed to the changes. Although the council could decide to take up the ordinance at another time, the council members said they would likely not approve it as it is written. As she dealt with flood dam- ages the week before the meet- ing, Mayor Pat Awada said she would rather see the vote on the ordinance delayed. She recom- mended during the meeting that the council go ahead with the public input portion of the meeting, but delay an official vote on the ordinance. ORDINANCE: To Page 11A www.mnSun.com Ordinance From Page 1A During the meeting, council members said they sympathize with the concerns raised by residents, such as the expense involved in erecting fences or planting bushes to screen RVs and the hardship placed on residents with smaller lots in meeting setback requirements. "The solution is worse than the prob- lem," Councilmember Sandra Masin summed up her argument at one point during the meeting. The Advisory Planning Commission began looking at possible amendments to city ordinances in 1998 at the recom- mendation of the City Council, said APC Chairperson Carla Heyl. Since the city does not have any codes dealing with RV storage on the books, it had no way to deal with complaints coming in from the public, she said. Under the city's current codes, recre- ational vehicles can be parked in garages, on driveways, or alongside or be- hind houses. Codes allow for residents to park their RVs within 15 feet of a paved road for up to 72 hours to allow for un- loading and loading. After the unveiling of the proposed amendments, calling for certain setbacks from adjoining properties and streets, limiting where and how many RVs could be stored on a residential property and requiring screening in some instances, the APC responded to residents' con- cerns by making several changes. The ordinance sent on to the City Council during the APC's June 27 meet- ing, cut back on the screening require- ment, calling for screening of RVs parked in side and back yards only when they could be seen from contiguous properties instead of abutting properties. Contiguous properties are considered those properties that touch one another, while abutting properties include prop- erties on the other side of roads and streets. The screening requirement called for screening for at least 50 percent of the vehicle's visibility and all the vehicle's Apple Valley/Rosemount, Eagan Sun•Current/Wednesday, July 26, 2000 11 A length. The screening can be accom- plished through fencing or plants. Eagan resident Royce Tyre has ap- peared before the APC to voice his con- cerns over the proposed amendment and how it affects the storage of a canoe he keeps near a pond in his backyard. Because he feels the screening re- quirement would be too costly for his canoe, he has since moved it to his drive- way to protest the proposed ordinance. He also posted a sign on his canoe read- ing, "Eagan Encourages Storage on Dri- veways." "Although I think it looks worse in the driveway, I am saving a considerable amount of money while complying with the APC's wishes," he said. Another portion of the RV ordinance that drew the ire of residents, was the re- quirement that RVs must be set back five feet from property lines. It also set a 15-foot setback require- ment from a public street for RVs stored in driveways. Although more than a 100 residents attended each of the public hearings con- ducted by the APC, less than 10 showed up for the public hearing portion of the City Council's meeting. Council members also agreed with concerned residents that the city has not adequately documented enough com- plaints in the past to prove the need for the ordinance. According to senior planner Mike Ri- dley, around 50 complaints regarding ve- hicles, which includes automobiles and recreational vehicles, were reported to the city last year. Most of the complaints regarding stor- age of recreational vehicles were not kept track of because they city does not have specific ordinances to address it. However, Ridley said that based on his research the city has received 80 com- plaints regarding vehicle parking over the six-month period ending in April. Al- though roughly half of those dealt with automobiles, the other half concerned recreational vehicles, he said. During the June 27 meeting, resi- dents criticized the city for not keeping track of complaints regarding recre- ational vehicle storage since the debate over the issue began. .. refinance gives direction yfn aketz to residential picketers c//3/4pi By BRENDA GUDERIAN Persons who wish to picket in Eagan', residential areas will have to get a permit from the ci- ty's police chief under an or- dinance passed by the city coun- cil Tuesday, June 7. Besides obtaining permission, picketers are given a list of rules they must follow when picketing. Those rules include staying off private property, limiting the number of picketers to 50, using no bright lights and holding demonstrations between 10 a.m. and 8 p.m. Picketers must also comply with all state and local laws and the city will notify neighboring residents of the plan- ned picket. Anyone wishing to ob- tain permission must submit an application three days before staging a demonstration. The council passed the or- dinance by a vote of 3-2. Drafting of the ordinance came after airline flight attendants picketed the home of Northwest Airlines chief executive Steve Rothmeier in February. The Eagan Police Department requested that it be given some direction on how to handle demonstrations. The department dispatched about a dozen police officers to the demonstration to watch the 50 or so picketers. The number of of- ficers was "way more than need- ed,' according to Eagan Ad- ministrative Capt. Pat Geagan. "We probably needed one or two." He added that the depart- ment had no history with the flight attendants and if they choose to picket again sometime the department will probably res- pond differently, he said. Because of the corporations located in Eagan and the number of middle -management and corporate -management persons who live in the city, there is a potential for many pickets and maybe violence. And while the department is concerned for the property of those being picketed, they are more concerned for the people living next door to them, Geagan told the council Tuesday evening. Attorney Kevin Eide, who drafted the ordinance, said similar laws have been struck down by courts. He tried to ad- dress all concerns of the courts when he drafted Eagan's or- dinance, he said. However, he stopped short of saying it was a perfect ordinance. "Unless you could get all nine Supreme Court justices in one room, no one could tell you what would happen," Eide told the council. This type of ordinance balances property rights versus free speech rights, Eide said. But con- sidering Eagan's corporate climate, there are appropriate circumstances, he added. "We're taking a leap forward over other cities," Eide said. Council Member Torn Egan, who with Member Pam McCrea voted against the ordinance, had the most objections to it. "I believe that by going this far we're going to buy trouble," Egan said. "I don't see we have a clear and present danger we are here to protect." Egan, who prac- tices law, also said that if anyone's rights are being violated by a picket, he has legal recourse for violations such as trespassing, obstruction of traffic and disturbing the peace. Mayor Vic Ellison, who worked for seven years as a newspaper reporter, said he "would never do anything to infringe upon" First Amendment rights, and that the ordinance was a precau- tionary step. Other council members, while hesitating to give full support to the ordinance, said it had merit. Council Member Ted Wachter said it was important for the safe- ty of the people of Eagan that the police department be warned about any picketing. Only one Eagan resident spoke Tuesday night on the ordinance. Don Mueting encouraged the council to reject the ordinance. "I haven't heard anyone tell me they feel threatened by picketing," Mueting said. "I don't want to be part of a city that impinges on constitutional rights. We're going to make Eagan a sanitized enclave free from debate." He also added that the ordinance would cost the city a lot of money to defend in court. "I don't want to have the chief of police tell me when I can express myself," he said. Capt. Geagan said Thursday, June 9 that the ordinance gives everyone "direction." The department receives several Picketing continued on p.12A Picketing continued from front calls every year asking about residential picketing and if per- mits are required, he said. "We've usually tried to verbally discourage it," he said. Guidelines similar to those in the ordinance were given to picketers who wished to pursue the activity. He said the police chief is bound to give permission to any petitioners, unless citizens' health and welfare are impinged upon. A history of properly damage or disregard for the or- dinance would also hurt a picketer's chances for following requests, Geagan predicted. Offenses currently punishable, which might be part of a picket, are disorderly conduct, trespass- ing, drinking, vandalism and assault. Violations of the new ordinance are punishable as a misde- meanor. Geagan doesn't expect much reaction to the ordinance. 11 still gives people a chance to get their point across, he said. ice&‘ Chronic MINNESOTA SUBURBAN NEWSPAPERS June 22, 1988 EAGAN Council advised to rescind restricted picketing ordinance By S. Maus Bettenga Making more than 1,000 deci- sions each year that affect a growing city, there's bound to be an occasional mistake, said Tom Hedges, city administrator. Eagan Police Capt. Pat Geagan and Hedges said they would urge the City Council at its meeting Tuesday night to cor- rect one of its mistakes by rescinding an ordinance restric- ting residential picketing. The council approved the or- dinance by a 3-2 vote June 7 restricting the hours, number of picketers and methods of picketing. Mayor Vic Ellison, and councilmembers David Gustafson and Ted Wachter voted in favor; councilmembers Tom Egan and Pam McCrea voted against. "We were looking at it from the side of protecting our residents," Hedges said, "not from the side of the people who may be coming in to picket." "We still think this ordinance has some merit," Geagan said Monday. "But what we're sens- ing is that the community is con- cerned about constitutional issues. We don't want to put the city in a position of defending a lawsuit the public does not sup - Port „ Geagan said the Police Department received several calls from residents about the ordinance, most of them were opposed to it. Police had been working on the ordinance for nearly a year before the idea was formally considered by the council in mid - April. Picketing of Northwest Airlines Chief Executive Steven Rothmeier's Eagan home by candle -carrying employees and threats of pickets in front of Ellison's home in early April have been the only incidents of residential picketing this year. "Eagan hasn't had a history of frequent picketing and I concur with the Police Department that it would be in the city's best in- terest ... We plan on recom- mending to the council that it rescind the ordinance," Hedges said Monday. Since the ordinance has not been published in the legal newspaper it has not taken ef- fect. Publication of the or- dinance was on hold pending the council's decision Tuesday night, Hedges said. "From my barometer, residents are opposed to it," said Egan, who opposed the or- dinance from the beginning and voted against it June 7. "I've been approached almost con- stantly by people opposed to it. It's been a very diverse group of people. "Based on the flak the city has received (about the ordinance) I think it's an appropriate and graceful way for the city to bow out. I said then and still contend that it would be very costly to de- fend this sort of ordinance. "People do wonder why we, as a bedroom community, have to have this kind of ordinance. It's always nice to anticipate pro- blems before they occur but I'm afraid in this case the minuses outweigh the pluses," Egan said. Officials for the Minnesota Civil Liberties Union said a few days after the council approved the ordinance that it planned to file a lawsuit against the city, challenging the ordinance. "We don't want to spend tax- payer money on defending this in a lawsuit," Hedges said. "It's just not right. "We were trying, in good faith, to do something positive ... to protect our residents," Hedges said. "We weren't looking to infringe on anyone's constitutional rights." In order for the council to res- cind the ordinance, one of the three members who voted against it would have had to move or second a motion rescin- ding it Tuesday night. _ . 1 Ai: Picketing ordinance to get another look By BRENDA GUDERIAN The Eagan City Council will reconsider its picketing ordinance in view of criticism from the press and a threat of a lawsuit. "I'm surprised by the continuing nature of press coverage," said Kevin Eide, the attorney who drafted the ordinance for the city. "And I'm disappointed by the likelihood of a challenge for challenge's sake." The ordinance, passed June 7, will be discussed again by the council June 21 and it is expected the council will rescind the or- dinance, according to Tom Hedges, city administrator. "Frankly, it's not worth all the negative criticism and court challenges," Hedges said. The ordinance addressed residential picketing, requiring citi- zens to apply for a permit before picketing and limiting the time, numbers of picketers and restricting use of bullhorns or bright lights, among other guidelines. The ordinance was considered proper by three council members voting for it and city police, who wanted to protect residents' property rights. There was also discussion that the ordinance could be perceived as an infringe- ment on citizens' First Amendment rights. Twin Cities newspapers and television stations have taken an interest in the issue and a number of stories and columns have been published. A further challenge came Friday, June 10 when the Minnesota Civil Liberties Union said it would sue the city be- cause the ordinance is in violation of the First Amendment, it said. Eagan police have requested that the council give consideration to the ordinance and that it be rescinded, Hedges said. Police of- ficials originally asked for that type of ordinance after a number of residential pickets; the latest was February at the home of Steven Rothmeier, Northwest Airlines chief executive. Hedges said the ordinance has been worked on for about a year, and wasn't in response to any particular incident. Because of the number of corporate managers living in Eagan, some city of- ficials felt residential picketing could become a common occur- rence. Most picketing has occurred in business districts, how- ever. Eagan police sought some guidelines on how to protect resi- dential neighborhoods, Hedges said. Eide still feels the ordinance could stand up in court. He has re- searched ordinances other cities have tried to pass, and also courts' objections to the ordinances. He felt the language in Eagan's version addressed those concerns. However, he doesn't feel the ordinance is important enough to fight in court. "A test case is not in the best public interest," Eide said. Apple Valley/Rosemount, Eagan SumCurrent/Wednesday, April 9, 1997 3A Eagan commercial lawn care ordinance passes 3-2 c 1-1 Gov c- >(���r �NcCS Commercial applicators of lawn fertil- izer must be licensed with the city of Eagan before treating commercial or res- idential lawns this spring. A new ordinance adopted April 1 by the Eagan City Council requires lawn care companies to buy an annual $50 li- cense and to refrain from using fertilizer containing more than 3 percent phos- phorus. Phosphorus that enters city ponds and lakes through run-off or storm sewers can be damaging to water quality, said Rich Brasch, water resource manager. Councilmembers Pat Awada and Bea Blomquist voted against the ordinance but it passed when Mayor Tom Egan, and Councilmember Ted Wachter and Coun- cilmember Sandra Masin voted for it. Blomquist said she supports a de- crease in the use ofphosophates but does- n't support the ordinance because it is too "selective." The new law does not apply to individual homeowners who apply their own fertilizer. Awada said she opposed the regulation of an entire industry when most of the professional applicators already used mixtures of fertilizer below the 3 percent phosphate level. In lieu of regulating homeowners, the city plans to educate residents on the prop- er application of fertilizer and how to pre- vent contamination of ponds and lakes. About one-third of the single-family yards and most of the commercial, indus- trial property in Eagan are maintained by a lawn care service, said city officials. Under the new regulation, commercial applicators are prohibited from applying fertilizer in Eagan prior to April 1 or after Nov. 15. Applications for the new license were expected to be mailed to lawn care com- panies identified by the city as doing business in Eagan. letters Guide plan is backbone of city To the editor: The city of Eagan has always taken pride in the fact that we have a planned community. The city put together its first zoning plan in January 1974. That plan, after many public hearings and much citizen input, was the same plan that is the basis for our Com- prehensive Guide Plan approved by the city in 1980. To date, with your support, the Eagan City Council has stood firm to the idea that the plan is the backbone of the community. I, too, believe the plan should not be taken lightly. I thank you for your support in this belief for now we have a Target on land that was designated for commercial/retail use. Even though from time to time it can be difficult -- and it has been painful for my family at times -- hanging in there for what you believe in is the most impor- tant thing. Again, I thank every- one involved for their support. BEA BLOMQUIST Eagan mayor a;24'c 027/ 7??7 council bnefingi Temporary advertising signs may be banned In an effort to unclutter Eagan's landscape, the city council is pro- posing to disallow off -site temporary advertising signs. The council continued an amendment to the city code, a code that currently allows two temporary off -site signs per housing subdivi- sion. If passed, the amendment would ban all off -site signs, but would allow advertising in the development. - The council has explored possible methods of reducing the signage in the city for the past 15 months and asked the Developers Task Force to offer different solutions. The council continued the action until the May 19 meeting, and asked the task force to restudy the issue and consider the council's proposal. The council also considered allowing only directional signs to hous- ing developments, but agreed that a trail of signs leading motorists to developments would be an eyesore. Council Member Jim Smith called the trail of directional signs "the bread crumb effect," alluding to the Hansel and Gretel tale. Therese Murphy of Dominium Group developers asked the council what other alternatives developers had to get people to their sub- divisions. The council encouraged media advertising or even direc- tional maps published jointly by all city developers. In anticipation of an ordinance change, the council has put a mora- torium on special permits for temporary advertising signs. letters `Flexible zoning' would put Eagan back 15 years To the editor: I fail to be convinced that Vic Ellison would do a better job as mayor than incumbent Bea Blomquist. Under Blomquist, Eagan has developed a reputa- tion as a well -administered, responsive, fiscally conservative city. Recent newspaper articles con- firm that Eagan is lowering its mill rate while increasing the share of funding going to public safety and parks and recreation --two important areas for our quality of life here. It concerns me that Ellison's main campaign issue is his criticism of the "inflexibility" of Eagan's Comprehensive Guide Plan. As a volunteer on the Eagan Planning Commission for four years, I can tell you that the plan is Eagan's only defense against the few well -financed developers who are driven only by short-term economic interests and who could care less about the people like you and me who plan to spend most of our lives here. The plan is not developed in a vacuum, but is formulated and updated through many yours of public hearings open to citizens. Blomquist played key role during the 1970s in getting the city to begin planning its development with citizen input instead of the former practice of allowing hodgepodge zoning of property without any vision of the future. Just when Eagan is finally emerging with a forward -looking. citizen -designed land use plan, it scares me to think of dropping back 15 years to the developer - driven era of "flexible" zoning and land use. MIKE WOLD Eagan Residents join v in fight against air traffic noise By Karen Harder A group of northern Eagan residents plans to make noise about air traffic noise. A half -dozen neighbors are forming a grass -roots group called Northern Eagan Noise Abatement Committee to try to bring relief they say they aren't getting through the Metropolitan Air- craft Sound Abatement Council or Eagan's Airport Relations Committee. An organizational meeting will be at 7:30 p.m. July 26 in the Norwest Bank community room, Pilot Knob and Yankee Doodle roads. Organizer Joe Harrison of 2811 Beam Lane says the Minneapolis -St. Paul International Airport routinely sends traffic over his house. He lives one-fourth mile south of the industrial park corridor that's supposed to confine air traffic over Eagan. Harrison has no complaint with the noise volume when the planes follow the corridor north of Avalon Avenue. But when the planes come directly over his house — as they did one recent afternoon — he says the noise level is intolerable. "That's about 125 decibels," Harrison said after a jet roared overhead, flying a course Harrison said is a good 10 degrees south of where flights should be under an agreement the airport has with the city of Eagan. The noise level Harrison says he experiences exceeds both city and state noise - control limits, he said. What's more, it interferes with his enjoyment of his home. Conversation on Har- rison's shaded front patio has to stop when the planes fly overhead. And he can't watch the 6 o'clock news uninter- rupted. That's prime time for the airport to send planes south over Eagan because it schedules too many flights to be accommodated by the corridor, Harrison said. Eight in the morning and between 11 a.m. and 2 p.m. are other high -traffic times, although planes come at all hours, said Leo Amundson of 1470 Highview Ave. "It's embarrassing when you invite people over to have a cocktail and the planes fly over," said Bill Skar of 1430 Highview Ave. Skar said he routinely has to make telephone calls from his basement instead of from a phone in his kitchen because he knows that if a plane flies over, he won't be able to hear upstairs. Harrison described how another neighbor's grandchild is so frightened of the noise that she runs screaming into the house whenever there is air traffic. NOISE: To next page Joe Harrison Noise abatf Organizational From previous page "That's how detrimental it is," Harrison said. The men — Eagan residents for more than 20 years — said they noticed an increase in noise following airline deregulation. Now, too many flights fly out of the air- port during peak traffic times to be confined to the noise corridor, Skar said. The group wants the air- port to reschedule flights so jets can fly the corridor and stop coming south. They also want to increase the number of complaints that MASAC and the airport tower receive from Eagan. They fear noise -abatement groups in south Minneapolis, Highland Park, Richfield, Bloomington and Mendota Heights are better organized than Eagan residents. As a result, they say, more traffic is sent south. "They say the squeaky wheel gets the grease. That's what we're trying to do," Amundson said. • Leo rununuson Participants at the July 26 organizational meeting will hear from Jon Hohenstein, assistant to the city ad- ministrator and the city's air- port liaison. Harrison and Skar plan to present information from the recent national airport noise symposium in St. Paul on noise abatement strategies. To be effective, callers with noise complaints should be as specific as possible when reporting incidents, Skar said. They should note the time as well as the kind of plane that caused the noise and the name of the airline if possible, he said. Charco4C��L grilling1an on decks is proposed By Ben Chanco Staff Writer The state fire marshal said Mon- day he would like charcoal burning on wooden decks of multi -family dwellings banned in Minnesota "by the next grilling season." Tom Brace made the announce- ment in front of the state Capitol at an outdoor press briefing called to encourage the use of sprinkling systems in new homes. But Brace used the opportunity to discuss his plan to include the charcoal grilling ban in the state fire code by next spring. "We would have a list of recom- mendations that a fire or building official can use as a guide," Brace said. "As it stands now, the fire code is silent on charcoal grilling." He said his office has received numerous calls about a ban, partic- ularly since a charcoal fire June 14 forced the evacuation of tenants at a 140-unit apartment complex in Eagan. Dozens of families were left homeless in the fire, which was started by spontaneous combustion in a grocery sack where ashes had been deposited. Brace said a draft of the pro- posed ban should be ready by Sep- tember or October, and it then will be presented at public hearings throughout the state. When the hearings are concluded, the Public Safety Department will decide what will be added to the state fire code. In an interview after the press conference, Brace said any amend- ment to the state fire code will be- come law in 1988. "If it becomes law, they better not be grilling on the third floor of an apartment building," he said. Brace said the amended fire code might include calling for sep- arate fenced grilling facilities on Please see Grills/4A (rills Continued from Page 1A the ground floor of a housing com- plex. "These would be community grills away from the building," Brace explained. The code also might call for dou- ble -walled receptables for hot ashes and for proper storage cabi- nets for charcoal and lighting fluid. "Property owners and managers will have to take an aggressive role," Brace added. "Right now they have regulations calling for no pets or no loud noise after 10 p.m. They can prohibit charcoal grilling on wooden decks." He said that although the pro- posed ban is focusing on multi- family dwellings, his office will study a similar ban for single-fam- ily dwellings. "I know that sounds harsh, but I have grave reservations about charcoal grilling on wooden decks of single-family homes," Brace said. "It is hazardous." Brace said while the study will focus on charcol burning grills, it also will consider the dangers of gas -powered grills. "Certainly they are safer," he said of gas grills, "but I'm fot pre- pared to say they are absolutely safe." He said he knows of gas grills that have caused fires in Minnesota. Brace said he would not be able to comment on whether he will push for banning the use of gas grills on wooden decks until the study is completed. In a separate interview, Steve Zaccard, fire marshal for St. Paul, said he supported Brace's position. He pointed out that during the summer, the St. Paul department gets calls on barbecue grill wooden deck fires about two to three times a month. "If anything needs to be done about banning charcoal grilling on wooden decks, it should be done by putting it in the state fire code," Zaccard said. "I don't think each town should adopt its own ordi- nance." Doug Reid, fire marshal at Eagan, said he supports banning charcoal grilling on wooden decks. "It would help, but it would be hard to enforce," Reid said. Brace admitted there is a poten- tial enforcement problem, particu- larly for communities with only volunteer fire departments. Wednesday, July 15, 1987 IU4t4 U -' ‘/(-14AZI DAKOTA WE: Charcoal -storing tips will be distributed Safety tips on storing charcoal and using barbe- cue grills will be distributed to Eagan residents lat- er this summer as part of the city's effort to pre- vent future fires like the June 14 blaze at Woodridge Apartments. The Eagan City Council last week directed city staff to prepare and publicize the safety tips, City Administrator Thomas Hedges said. He said the in- formation probably will be given to area newspa- pers and published in the city's newsletter that goes to each household. The city has been studying ways to curb the haz- ards associated with grilling, especially at apart- ment complexes. Authorities said the Woodridge fire, which displaced more than 100 residents, broke out in a bag of charcoal remnants stored on a wooden deck. Among the ways being explored is discussions with the Minnesota League of Cities about possible changes in the state building code and fire code. lit4A LA--1/ / 1 7 Council foresees enforcement problems for grilling ban By CAMERON BACHMEIER Enforceability was the main issue that grew out of the Eagan City Council's discussion concer- ning proposed plans by Minne- sota state fire marshal Thomas Brace to amend the state Uni- form Fire Code to prohibit the use of charcoal grills on wooden decks for multiunit dwellings. Both the city of Eagan and the state were prompted to consider action that would ban the use of charcoal grills when a town home fire caused by the spontaneous combustion of a bag of charcoal briquettes destroyed 60 units of the Woodridge apartment com- plex June 14. Although such an amendment to the state fire code proposed by Brace could not be implemented until several public hearings are held, Doug Reid, the city fire marshal and building inspector, said he did not feel Eagan had the manpower to enforce the ban if enacted. Reid, who would be pri- marily responsible for the en- forcement of the ban, told the city council that he was the man- power and that he could not see how one individual could enforce a ban on charcoal grilling. "People are not going to stop barbecuing," council member James Smith said, adding, "any enforcement should be put to the owners." The city council concurred with James. They felt the property managers would have to become involved in enforcing their pro- perties without depending on the city of Eagan for manpower or city tax dollars. Brace said he was sympathetic to the enforcement concerns of the city of Eagan and he agreed that much of the responsibility for the enforcement of a charcoal grill ban would have to lie with the management. However, Brace felt enforcement would have to be a cooperative effort. He said the city of Eagan would have to do its part to inform resi- dents if the fire code amendment were enacted. Brace said multi- unit tenants would also have to do their part in the enforcement pro- cess by simply being aware of the dangers of charcoal grilling on wooden decks. "I would think any prudent owner of a multiunit building would make the prohibition of charcoal grilling one of the living requirements for tenants. Own- ers have living rules that prohibit pets, children and loud music. It would make sense to add the ban of charcoal grilling," Brace said. According to Brace, if the fire code is amended to address the use of charcoal grills, the amend- ment would stand as state law. However, it is not yet clear whether the city of Eagan would be legally obligated to adopt the fire code amendment. Both city adminstrator Tom Hedges and fire marshal Brace were unsure of the future legalities of such a ban. Brace corrected earlier reports that stated single-family homes would be included in the admini- strative ban along with multiunit dwellings. Only town homes and apartments would be affected by the amendment. A draft of the amendment should be ready by this fall and public hearings will be set around the state and could be conducted throughouut the winter. The city of Eagan could adopt the amend- ment next spring or summer. St. Paul Pioneer Press Dispatch Wednesday, Oct. 25, 1989 t noise, are issues McCrea is concerned about the rapid pace of development, airport noise and environmental issues, particularly the controversial Seneca sewage treatment plant in the scenic Minnesota River Valley. McCrea, the only woman on the council, said she's a hard worker and a devoted public official. "I re- ally feel that I follow through when I make a commitment," she said. "And I feel I have good community support." ■ Mark L. Olson, 25, is the youngest candidate to file. He worked re- cently as campaign manager for Minneapolis City Council contend- er Gary Hanson but relinquished that position in order to run for council in Eagan. Olson is particularly concerned about property taxes, assessments and retail and commercial devel- opment. He said the city is overrun with strip malls and that there aren't enough dollars to support them. "A lot of people are worried about the (Bloomington) Megamall and how that's going to affect re- tail," Olson said. Olson also is concerned about the Seneca sewage plant and said he would lobby for a community cen- ter in Eagan. "I'm willing to go the extra mile to represent the people of Eagan," he said. ■ Tim Pawlenty, a Minneapolis attorney who specializes in govern- mental law, has served as chair- man of the planning commission in Eagan for nearly two years. Pawlenty, like the others, is con- cerned about development, partic- ularly the freeway corridors along interstates 35E and 494 that are highly visible to motorists. He said development in those areas should meet strict building criteria. Pawlenty is concerned about ris- ing property taxes, airplane noise and maintaining city parks and the environment. He also said the city doesn't have control over much of the property tax homeowners pay, "but the city needs to do its part to keep a cap on spending." Citing his work on the planning commission and his familiarity with governmental law, Pawlenty said, "I think I've got an awfully good set of credentials." ■ Jim Wade, a Unisys security guard, has lived in Eagan for 10 years and decided to run for office because he believes the city is growing too rapidly. "I think we've been moving a lit- tle too fast on the buildings," Wade said. "There's too many strip malls." Wade is concerned about drugs in the suburbs, including Eagan, and their possible effect on stu- dents when the new Eagan High School opens next fall. "This is where the drug dealers come," he said. "I think it's a major issue." Wade also believes the city is fragmented and the city council lacks unity. "I think the communi- ty is not as together as it should be," he said. "There's no direc- tion." Also running for city council are Renee Herzog and Curt England, who have unlisted phone numbers. Attempts to contact them were un- successful. 2DW /FROM THE SECTION FRONT Eagan/ Growth, je Continued from Page 1 in 1981 and 1985. His decision to run for mayor means he will give up his council seat. "I was not satisfied with the di- rection of the city," Egan said. "I didn't want to maintain the status quo and merely fill a seat on the council for another two years." Egan said he would work as mayor to control commercial de- velopment in Eagan. He said too much of the city's land was desig- nated long ago for commercial de- velopment. "It creates blighted neighbor- hoods and an ugly community," Egan said. "People just plain don't want strip centers on every cor- ner." He also is concerned about in- creasing jet noise over residential areas in Eagan. Planes from Min- neapolis -St. Paul International Air- port are straying from designated routes above the city's industrial corridor in northern Eagan, he said. ■ Vic Ellison, the incumbent mayor and vice president at the Council of Hospital Corporations in St. Paul, unseated longtime mayor Bea Blomquist in 1987. He was elected to the city council in 1985. Ellison campaigned two years ago on a platform calling for slower residential growth in Eagan, which has a population of 45,000, doubling in size since 1980. He maintains that no new apart- ment buildings have been built dur- ing his term. During the past 18 months, Eagan has adopted a se- ries of restrictive measures that Ellison and others predict will help slow growth this year by as much as 30 percent. "What I've done during my years as mayor and on the council is try to set higher standards to grow slower and grow better," Ellison said. "During my two years as mayor, we've slowed growth con- siderably. We're no longer the fast- est -growing city in the state. But we're growing better than we did before because of the quality standards we've put in." Ellison also is concerned about increasing airport noise in the city and higher property taxes. He has spoken to the Legislature about his property tax conerns and has pledged to speak up more. "We need to work to set a more equitable tax policy, one that doesn't penalize the suburbs as much as it has over the past couple of years," he said. ■ Raymond Nutzmann, a con- struction worker for 32 years at 3M Co., has never run for public office. He has lived in Eagan for 38 years and believes the city "needs some changes." Nutzmann is concerned about airport noise and development, and he wants to see the public play a larger role in local government. "I think we need a new city council," Nutzmann said. "They don't really seem to be concerned with what the people really want in Eagan." Nutzmann said people want the city growth to slow down. "I think the development is going too fast," he said. The candidates for city council are: ■ Sandra Masin, an employee at the Minnesota Historical Society, has been a member of the parks commission in Eagan since 1981. She has lived in Eagan for 13 years. Masin said development is her No. 1 concern. She said the city council needs to be more respon- sive to Eagan residents and more aggressive with builders and devel- opers who perform poorly. "We need to manage develop- ment more carefully than it's been done in the past," Masin said. "Somebody has to be responsible." Masin is concerned too about airport noise and the environment. She said her strength is her ability to communicate. ■ Pam McCrea, executive direc- tor for St. Paul YWCA, is the only city council candidate who has public office experience, though she has never been elected. McCrea was appointed to the coun- cil in 1987 to replace Ellison, who was elected mayor. A disastrous court decision on zoning wow By Neal R. Peirce Washington It was Black Tuesday at the Supreme Court June 9 for the open spaces of America that lie in the path of devel- opment juggernauts. On the face of it, the justices' ruling concerned a land -use dispute in Los Angeles County that was an unlikely prospect for a landmark decision. A forest fire denuded 3,860 acres of mountain woodlands. The next year a downpour triggered a flood that killed 10 people. A Glendale church's campground and buildings located in a canyon were destroyed. The Los Angeles County Council did what seemed the prudent thing: It declared the area a flood plain and banned, at least for the time being, new construction there. But the church, with help from the conserva- tive Pacific Legal Foundation, went to court. The claim: denial of use of its land. It demanded compensation. The California courts, to their credit, rejected the church's claim. The Su- preme Court could easily have spurned the case on technical grounds. But it didn't. Without ad- dressing the merits of the church's claim, it made, by a 6-3 vote, a most curious decision. Because the Fifth Amendment to the Constitution pro- hibits government taking of property "without just compensation," said the court majority, a local govern- ment can be forced to pay compensa- tion even if a landowner is only temporarily barred from use of the property. The case now goes back to California courts, where the church will likely lose on the merits anyway. Sadly, the fallout won't stop there. The court has telegraphed what may prove a dangerous message: If you own real estate, and a locality even temporar- ily bars you from building as quickly or as big as you want, you can go to court and, with luck, collect big bucks. The justices, in short, have declared open season for property owners and land speculators to shower lawsuits on cities and counties that try to control or guide growth. Justice John Paul Stevens, in a strongly worded dissent, called the decision "a loose cannon" that would ignite a "litiga- tion explosion." "It's really ironic that with all the screams of anguish out of the Su- preme Court about our litigious soci- ety, this case will spawn litigation left and right," warns Environmental De- fense Fund counsel Jim Tripp. And what, aside from taxpayers, will be victimized? Natural wetlands, hill- sides, flood plains and coastal areas, says Israel Stollman, head of the American Planning Association. Plus, he notes, urban areas in need of historic preservation. Even though the court didn't attack traditional zoning for health or safe- ty, the decision seems certain to cast a "big chill" across councils or plan- ning boards considering any delays or conditions on real estate projects. The decision shifts significant clout to one of America's richest, most powerful forces — the real-estate de- velopment industry, with its battal- ions of well -paid attorneys, campaign slush funds and insistence on devel- oping American metropolitan areas out to the farthest horizons, as if there were no tomorrow. Who stands for a less congested and polluted future? A few public -interest groups, some government officials. But their cumulative power pales be- side that of the real-estate industry so favored now by the courts. The Los Angeles case, says Prince- ton, N.J., Mayor Barbara Boggs Sig- mund, marches in precisely the wrong direction. She calls it one of the court's "most misguided deci- sions since its 19th-century rulings proclaiming child labor laws a viola- tion of the Fifth Amendment, be- cause they interfered with the full use of somebody's property." The 18th-century landowners who wrote the Constitution lived in times when the natural environment seemed inexhaustible — indeed a wilderness "to be conquered." The possibility of a continent choked with sprawl development and con- gested traffic arteries, its wetlands and open spaces under mounting at- tack, was unknown. Across the 50 states now, a political constituency for growth controls is just starting to jell. Today's onslaught of development, with the attendant pollution and traffic horrors, is a mounting concern for millions. But the court, instead of broadening its vision, seemed content to sidestep the emerging issue: How can a soci- ety that has always held private -prop- erty rights near sacrosanct put limits and constraints on those rights? Not because property rights are unimpor- tant, but because the right of all citi- zens to a less congested, less polluted, quality environment is more impor- tant. There were classes of Americans — blacks, child laborers. others — who suffered generations of ruined lives waiting for the Supreme Court to broaden its vision of appropriate jus- tice. The genius of the American sys- tem was that such rights were, in time, secured. But today, the vision of a better tom - morrow fades. If we pave over the open spaces around our cities, run concrete canyons through our moun- tains, demolish the historic structures that are our link to a rather delicate, short national past, the loss may be irrevocable. Zoning ruled legal in restrictii By Lesley Oelsner New York Times Service Washington, D.C. A sharply divided supreme court ruled Thursday that it is constitu- tional for cities to use zoning ordi- nances, backed by criminal penal- ties, to try to restrict the prolifera- tion of movie theaters that show sexually oriented films. The decision sharply contrasts with the broad protection of sexually re- lated, materials that the court tradi- tionally has found to be required by the First Amendment's guaran- tee of free speech. It appears to allow a new level of government regulation of speech, beyond that, it also may signal a new majority on the court on such issues. Specifically, the court upheld 5 to 4 — with John Paul Stevens, the court's newest justice, writing the opinion — a Detroit ordinance that provides that an "adult theater" may not be located within 1,000 feet of any two other "regulated uses," including adult theaters as well as adult bookstores, bars and hotels. In addition, the adult theater may not be located within 500 feet of a residential area. A theater is an "adult" establish- ment under the ordinances, if it presents "material distinguished or characterized by an emphasis on matter" that depicts certain "speci- fied sexual activities" or "specified anatomical areas" spelled out in the ordinance. The ordinance had been challenged as unconstitutional by the opera- tors of two adult motion picture theaters. The first court that heard their challenge upheld the ordi- nance, but the next court, the Court of Appeals for the Sixth Circuit, struck it down. The appeals court found that the ordinance violated the equal -pro- tection guarantee of the Constitu- tion because it treated the "adult" businesses differently than others, without an adequate showing that the different treatment was justi- fied. It said that the material in question was presumptively pro- tected by the First Amendment and that, when First Amendment rights are at stake, the measure must be shown to be both necessary and to have only incidental effect on pro- tected rights. Justice Stevens rejected this rea- s o n i n g. He said, among other things: "The city's interest in attempting to preserve the quality of urban life is one that must be accorded high respect. Moreover, the city must be allowed a reasonable opportunity to experiment with solutions to ad- mittedly serious problems." Justice Stevens was joined by Chief Justice Warren Burger and Justices Byron White and William Rehnquist. Justice Lewis Powell joined parts of the opinion and con- curred in the judgment. (The Minneapolis City Council's Community Development Commit- tee decided this week to study the possibility of creating such a dis- trict in Minneapolis.) The ruling produced two dissents —by Justices Potter Stewart and Harry Blackmun, each signed by the other, and also signed by Jus- tices William Brennan and Thur- good Marshall. Justice Stewart — whose dissent was one of the strongest in this term, accusing the majority of "a drastic departure" from earlier law — gave his dissent added emphasis by reading aloud from it in court after Justice Stevens announced the decision. Usually, only authors of the majority opinions summarize their holdings. Although there were other issues —Justice Blackmun's dissent con- centrated on vagueness, for in- stance —the crux of the dispute was the majority's approval of reg- ulation based on the content of speech. Justice Stevens, in his opinion, said: "Few of us would march our sons and daughters off to war to preserve the citizen's right to see 'specified sexual activities' exhibit- ed in the theaters of our choice. Even though the First Amendment protects communication in this area from total suppression, we hold that the state may legitimate- ly use the content of these materi- als as the basis for placing them in a different classification from other motion pictures." Justice Stewart expressed shock at this remark. "If the guarantees of the First Amendment were reserved for ex- pression that more than a 'few of us' would take up arms to defend, then the right of free expression would be defined and circum- scribed by current popular opin- ion," Justice Stewart wrote. "The guarantees of the Bill of Rights were designed to protect against I precisely such majoritarian limita- ng adult theaters tions on individual liberty." Justice Stewart also noted the con- trast between yesterday's ruling and one the court issued in its last term. In that case, involving the city of Jacksonville, Fla., the court had held that a city could not make it a public nuisance for a drive-in theater to show films containing nudity if the screen were visible from a public street or place. Justice Powell, in a separate opin- Minneapolis Tribune Fri., June 25,1976 5A ion, disagreed that the Detroit and the Jacksonville ordinances were similar, saying the Detroit ordi- nance, unlike Jacksonville's, affect- ed expression "only incidentally and sought to further interests "wholly unrelated to the regulation of expression." DA OTA . lJ Minnesota's Largest Rural Weekly Single Copy 30C FARMII' Eagan settles case with Mak'n Magic By JUDY STRACHAN Staff Writer EAGAN--The city of Eagan has reached a tentative settlement with Robin Geiger, the owner of Mak'n Magic, over the payment of legal fees associated with the city's fight to stop Geiger from operating his drug paraphernalia shop at Co. Rd. 30 and Cedar Ave. According to Brad Smith, a law associate in the city attorney's office, the settlement has not yet been signed by all the parties in- volved, therefore it is still tentative, but the city will pay Geiger $22,750 of his legal fees in exchange for an agreement from Geiger than he will not sell or assist others to sell drug paraphernalia in Eagan. Also, said Smith, the agreement includes a waiver by Geiger of other damages claimed against the city and its residents. Included in the agreement is a statement that the city will waive the right to appeal the payment of the legal fees. Sept. 9, U.S. District Court Judge Donold Alsop granted Geiger's motion that the city of Eagan should be held Liable for his attorney's fees in his court battle to keep his shop open in Eagan. The 8th circuit court upheld Geiger's contention that the Eagan drug paraphernalia ordinance was unconstitutionally vague. Smith has a new drug paraphernalia ordinance written for the city which follows the model drug paraphernalia act, but the city has not passed it yet, while awaiting the outcome of the present court case. "The model ordinance has been upheld in four district courts so far," said Smith, "but it hasn't been to a circuit court level as yet. The 8th circuit endorsed the model act in the Geiger case," said Smith, "so that's encouraging." "We hope to get this case wrapped up very soon," said Smith. According to Greg Rothnen, the attorney for Geiger, "Geiger is happy with the settlement." Rothnen said that Mak'n Magic has been closed for several months while Geiger has been on vaca- tion, but he did not know whether Geiger would re -open the store, since he has agreed not to sell drug -related paraphernalia in Eagan. Geiger could not be reached for comment. Need Investigator To the Editor: The Eagan City Council is in the midst of its budget session. Each department head has sub- mitted its 1980 budget request for what they feel is necessary to meet the needs of the city. Police Chief Martin DesLauriers had requested two new officers and two new trainees. The majority of the council, in their first review of the chief's request, indicated that they would prefer to keep the police force at the present number. Chief DesLauriers resubmitted a request of one new officer at the beginning of 1980, one midway and one more next fall. Chief DesLauriers stated that the would like to create a new posi- tion of investigator specifically for narcotics and juvenile in- vestigation. This decision to create this new position came after a number of people from Eagan, City At- torney Hauge, Chief DesLauriers, Councilmember Wachter and myself attended a meeting called by St. Paul's councilmember Ron Maddox to discuss drug problems. Elected officials from surrounding cities including St. Paul and Min- neapolis, State Legislators, and representatives from the At- torney General's office were pre- sent. The message came across loud and clear that one of the more ef- fective ways of dealing with the drug problem is sufficient under- cover investigative personnel, i.e., trying to get at the source of the problem rather than waiting until the crime is committed. It also came across very clear that the drug problem is growing rapidly and is now becoming a problem in our lower school grades. Councilmember Maddox told of a St. Paul school where they found drugs strapped to the leg of one third grader. Eagan councilmembers have expressed a goal of reducing next year's city real estate tax below this year's. No one will argue against that. However, in the case of the police budget, not to make some increase in personnel would be penny wise and dollar foolish. The people of Eagan have united together in a way rarely seen to combat the drug problem after the drug paraphernalia shop opened. People have volunteered many hours to picket Mak'n Magic. There is general agreement that drug parapher- nalia is only part of the problem and that education and getting at the drug source and education are of greater importance. It is a great credit to the people of Eagan that they have gone on the offensive against the drug problem and it has given courage to people all over the country. In my opinion, a necessary part of the offensive is beefing up our police department, especially in narcotics investigation. To hire and equip each in- vestigator will take about $22,000 or about one dollar per capita. If each of us is not willing to spend that extra dollar now we will spend it many times over later on in ever increasing costs of drug rehabilitation, robberies, rapes, and far more important, an ever increasing number of families who will go through the tragic ex- perience of seeing some member's life ruined through drug additcion. It is my belief we can beef up our police department without in- creasing your city's share of your real estate tax and there may be a slight reduction. I believe, as your mayor, that I have an obligation to bring this matter to you. I have always been an ad- vocate of government for and by the people, even though this right is being eroded from us by the legislature and Congress through metro -regional government. You can become part of the budget process by calling or writing the Eagan coun- cilmembers and expressing your opinion on the matter. You will have to make your views known within a week or so as the council will be adopting the budget soon. Sincerciy LEO MUI,:'HY 111-10 City Council agrees to re-examine ion -conforming use ordinance $y BRENDA HAUGEN Though the relationship be- tween the Eagan City Council and the city's Small Business Association ($BA) hasn't al- ways •peen smooth, better Fpmmunication seems to have helped the two turn the corner. John Young of the SBA !:banked the council Feb. 6 for the improvements in commu- nication as well as cooperation Qn development signage issues. "It's really been overwhelm- ing, especially this year," Young said of improvements. "Your efforts and hard work are starting to show." In an effort to continue to jpprovc Young presented other sugges- tions put tcgether by the SBA. Among teem was a re-exami- nation of the nor -conforming use issue. According to a letter from Alan Martintson, president of the local SBA, the non- conformint, use ordinance was approved last year with no pub- lic input a: the Advisory Plan- ning Cot emission or City Council ieetings, and the SBA has problems with the pew ordinance. Under the ordi- nance, if a building that is presently a non -conforming use is destroy.:d or damaged, it must be built to a conforming use if rebuilding occurs, Mayor the relatiops6ipvt 'rpm Eger! said. PETER SCHROCK'S FAMILY SWIM SCHOOL "Learning to Swim Well, An Asset for Life` Babies to Adults 68606225 EA.GAN ENROLL NOW FOR SPRING & SUM ER SESSIONS According to Council Mem- ber Shawn Hunter, this is a good time to re-examine the issue, because the city can look back over the last year and see if ,any problems with ,tbe ordinance arose. The City Council unani- mously approved referring the issue back to the Advisory Planning Commission for more study. Young also asked the city to send the agendas for workshops of the City Council, Advisory Planning Commission and Economic Development Com- mission to the SBA. The coun- cil agreed to the request. . But the council said no to Young's request for copies of the draft minutes to these meetings. According to Hunter, the draft minutes sometimes contain inaccuracies that are later corrected by the council. Egan agreed, , saying the agendas are the most important thing to have. If there's an is- sue important to the SBA, someone can attend the meet- ing or listen to the meetings on tape, Hunter added. ...K.w:. +...R� ....a SAO la City Council agrees to re-examine nor -conforming use ordinance fly BRENDA HAUGEN Though the relationship be- tween the Eagan City Council and the city's Small Business Association (SBA) hasn't al- ways keen smooth, better ppmmunication seems to have helped the two turn the corner. John Young of the SBA Tanked the council Feb. 6 for the improvements in commu- nication as well as cooperation gn development signage issues. "It's really been overwhelm- ing, especially this year," Young said of improvements. :Your efforts and hard work are darting to show." In an effort to continue to i}nprov& the relatioRshipt Young pre:.ented other sugges- tions put tcgether by the SBA. Among them was a re-exami- nation of the non -conforming use issue. Accordin;; to a letter from Alan Martinson, president of the local SBA, the non- conforming, use ordinance was approved last year with no pub- lic input a. the Advisory Plan- ning Commission or City Council meetings, and the SBA has problems with the pew ordinance. Under the ordi- nance,' if a building that is presently a non -conforming use is destroy.;d or damaged, it roust be built to a conforming use if rebuilding occurs, Mayor TPm gga1 said. PETER SCHROCK'S FAMILY SWIM SCHOOL "Learning to Swim Well, An Asset for Life' • Babies to Adults 6864225 EA.GAN ENROLL NOW FOR SPRING U SUMMER SESSIONS According to Council. Mem- ber Shawn Hunter, this is a good time to re-examine the issue, because the city can look back over the last year and see if ,any problems with the ordinance arose. The City Council unani- mously approved referring the issue back to the Advisory Planning Commission for more study. Young also asked the city to send the agendas for workshops of the City Council, Advisory Planning Commission and Economic Development Com- mission to the SBA. The coun- cil agreed to the request. But the council said no to Young's request for copies of the draft minutes to these meetings. According to Hunter, the draft minutes sometimes contain inaccuracies that are later corrected by the council. Egan agreed, saying the agendas are the most important thing to have. If there's an is- sue important to the SBA, someone can attend the meet- ing or listen to the meetings on tape, Hunter added. Group Offers To Help Eagan Pay Legal Costs For Drug Ordinance By 4UDY STRACHAN aff Writer EAGAN -- The Eagan city council again addressed the issue of its drug ordinance at the coun- cil meeting Tuesday, June 3. At the council meeting April 15, the city attorney's office was directed to revise Ordinance 71 to meet the issues raised by the judge's ruling in the Eighth District Court of Appeals decision regarding the ordinance and Mak'n Magic vs. the city of Eagan. It was the feeling of the council that an ordinance could be writ- ten which would stand up in court and would be enforceable. The ordinance. entitled An Or- dinance Prohibiting the Posses- sion, Manufacture, Sale, Delivery and Advertisement of Drug Paraphernalia,' has been written by the attorney's office. City Attorney Paul Hauge recom- mended to the council that it not act on the ordinance at the meeting in order to allow more time for input from other municipalities. Council member Ted Wachter then moved to continue the item indefinitely. That motion passed unanimously.. Hauge then informed the coun- cil that the city has received an offer from a group of business people and industrial citizens who would like to contribute money to a fund-raising cam- paign to pay for legal expenses in redrafting the ordinance, upholding the ordinance. or any other expenses related to the en- forcement of the ordinance, and past and future legal fees. Martin and Vern Colon, representing a group of Eagan business people, told the council that "business people were upset over the court ruling and would like to help the city rid the area of that type of business. N of business. We decided to get involved and help get it done. We hope to have a steam shovel effect. Nothing is going to stop us." Council member Tom Egan asked hauge if the city would maintain custody of the fund and set the terms of the tend. Colon noted that his group would solicit the funds in a private venture and that the city would have use of the funds at its discretion. "We just want you to know that you have the en- couragement and support of the (See Drug Ordinance, Page 1SA) On The Inside ... • • ✓ Business 3B Business Service Directory 15B "'Church 9B "Classified Ads ..11-14B ✓ Court News 14A ✓ Family 2B ✓ Form 1 OB ✓ Food -Entertainment 6A ✓ Obituaries 4A ✓ Police News 3A ',Proceedings 13A "Public Notices ..12-13A "Senior Citizens 5A ✓ School 4-8B "Sports 7-9A,11 A DRUG ORDINANCE (Continued from Front Page) city," said Colon. Wachter suggested that the city draw up guidelines for use of the funds. Council member Jim Smith thanked the group and noted that "the city will take all the help we can get." John McCall, representing Economics Laboratories, asked the council if the guidelines would be available to all interested par- ties soon. City Administrator Tom Hedges said he would write up the guidelines and have them available very soon. At that point, Robin Geiger, the owner of Mak'n Magic, arrived at the council meeting and asked if he could "go on record stating that you owe me one already. If you want to re -write the or- dinance, that's ok, but that one will be illegal too and I fully in- tend to fight this one too. Your bill will just go up and up and up," said Geiger. "I've already been harassed enough, I think, but if you write another one, I'll fight it. All you're going to do is raise the amount of damages you owe me. It's going to cost you," he said. Geiger then announced that "if you want a settlement. I'll drop everything and leave town." Mayor Bea Blomquist asked Geiger "are you offering the city a bribe?" "No," said Geiger, "I offered you a settlement." Council member Mark Yarran- to said to Blomquist, "He's baiting you Bea, the hearing is closed." "OK," said Geiger. "I'm just warning you." At that point the council took a break and the parties lett the council chambers. 3wilwelb City Council agrees to re-examine non -conforming use ordinance By BRENDA HAUGEN Though the relationship be- tween the Eagan City Council and the city's Small Business Association (SBA) hasn't al- ways been smooth, better communication seems to have helped the two turn the corner. John Young of the SBA thanked the council Feb. 6 for the improvements in commu- nication as well as cooperation on development signage issues. "It's really been overwhelm- ing, especially this year," Young said of improvements. "Your efforts and hard work are starting to show." In an effort to continue to improve the relationship, Young presented other sugges- tions put together by the SBA. Among them was a re-exami- nation of the non -conforming use issue. According to a letter from Alan Martinson, president of the local SBA, the non- conforming use ordinance was approved last year with no pub- lic input at the Advisory Plan- ning Commission or City Council meetings, and the SBA has problems with the new ordinance. Under the ordi- nance, if a building that is presently a non -conforming use is destroyed or damaged, it must be built to a conforming use if rebuilding occurs, Mayor Tom Egan said. PETER SCHROCK'S FAMILY SWIM SCHOOL "Learning to Swim Well, An Asset for Life" Babies to Adults 686-6225 EAGAN ENROLL NOW FOR SPRING & SUMMER SESSIONS According to Council Mem- ber Shawn Hunter, this is a good time to re-examine the issue, because the city can look back over the last year and see if any problems with the ordinance arose. The City Council unani- mously approved referring the issue back to the Advisory Planning Commission for more study. Young also asked the city to send the agendas for workshops of the City Council, Advisory Planning Commission and Economic Development Com- mission to the SBA. The coun- cil agreed to the request. But the council said no to Young's request for copies of the draft minutes to these meetings. According to Hunter, the draft minutes sometimes contain inaccuracies that are later corrected by the council. Egan agreed, saying the agendas are the most important thing to have. If there's an is- sue important to the SBA, someone can attend the meet- ing or listen to the meetings on tape, Hunter added. 3-I -f� Eagan considering tree preservation ordinance The city of Eagan Advisory Planning Commission is seek- ing public comment on a pro- posed tree preservation ordi- nance. A public hearing is scheduled for 7 p.m. Feb. 27 at the Eagan Municipal Center, 3830 Pilot Knob Road. The proposed ordinance would replace a similar tree preservation policy that has been in effect on a trial basis for the last year. This policy requires that developers and commercial or residential builders, preserve or replace a specific percentage of the trees and foliage existing on a prop- erty prior to grading or con- struction. Because the policy has been effective, the city is now considering making it a formal ordinance with legally required compliance. The pro- posed ordinance also includes some refinements to the cur- rent policy, such as permitting cash payment when on -site tree replacement is not physi- cally feasible. After considering public in- put, the Advisory Planning Commission will send its rec- ommendation on the proposed ordinance to the City Council for consideration and final de- cision. For more information, call the Eagan Forestry division at 681-4300. • City requests five more liquor licenses By BRENDA HAUGEN Opus' Eagan Promenade De- velopment north of Town Cen- tre has prompted the city to request five more liquor li- censes from the state Legisla- ture, despite the concerns of a local businessman. At present, the city has five on -sale liquor licenses avail- able, two of which are desig- nated for hotels in the current city code, said City Adminis- trator Tom Hedges. Opus is anticipating the need for five liquor licenses for its restaurants in the Eagan Promenade development. Council Member Shawn (See Licenses, p.8A) i Licenses (Continued from front page) Hunter said Opus asked the city to reserve five licenses for them, but the council declined because it wouldn't be fair to everyone else. "We're not treating Opus dif- ferently from anyone else," he said at the Feb. 6 council meeting. According to Mayor Tom Egan, the council would be doing a disservice to the city if it were to give all its remain- ing licenses to Opus and not have any left for other devel- opments. But local businessman Al Baker said he's concerned about applying to the Legisla- ture for more liquor licenses. With 16 liquor licenses already out and another five in reserve, the need for another five li- censes is questionable, he said, adding the city doesn't want to oversaturate the mar- ket. Council Member Sandra Masin said she's concerned about Opus asking for five liq- uor licenses and having none Left for anyone else. According to Baker, other cities, such as Edina, do just fine with no liquor licenses. He added he doesn't believe Opus would pull its development if it didn't get the licenses. Regardless, the council unanimously approved the re- quest for five more licenses from the Legislature. Accord- ing to Hedges, Rep. Tim Pawlenty is preparing the spe- cial legislation. 3-il-96 letters Reasons exist for denial of comprehensive guide plan amendment regarding golf course To the editor: I oppose the application to amend the Eagan comprehen- sive guide plan for Carriage Hills Golf Course. The facts disclose that no sufficient ra- tionale supports the applica- tion, while at least two reasons support denial. First, the golf course is valu- able open space and an inte- t gral part of the city's recrea- o tion system. In fact, the Eagan Park System Plan says the city needs two 18-hole facilities and should be taking steps to g reserve area for a third course, estimated to cost between $7 million and $12 million to build. Second, without the golf course, the square mile delim- ited by Yankee Doodle and Wescott roads to the north and south, and Elrene Road and Lexington Avenue to the east and west, would be packed with residential development, with only about 40 acre& of open space to serve the thou- sands of residents within that square mile. Of those 40 acres, more than half are occupied by the Woodland Elementary School complex. Some have suggested that denial of the application would constitute an unconstitutional "taking" of property. This sug- gestion, quite simply, is erro- neous. Mr. Smith himself requested the current public facilities designation in 1962. Further- more, he took no steps to change that designation, even though it was abundantly clear by 1984 that the property sur- rounding the golf course was being zoned for residential de- velopment. He could have at that time applied for an amendment to the comprehen- sive guide plan and then ob- tained a conditional use permit to operate the golf course. In- stead, he chose to do nothing. Meanwhile, adjoining land- owners were purchasing their property in actual reliance on the fact that Mr. Smith was using the property for a golf course, and in constructive re- liance on the public facilities designation in the comprehen- sive guide plan. Mr. Smith's delay in seeking to change that classification inevitably preju- diced the owners of nearby properties. That fact alone is sufficient to bar any taking claim. In short, the application should be denied. This action is legally justified and does not expose the city to liability. JOHN S. BLOOMQUIST Eagan Attention Derr � (or/%el/ y # of pages being sent + cover. [ _11 city oFacigan FAX TRANSMITTAL Office # (612) 454-8100 Fax # (612) 454-8363 To: Fax# Company v (�_ �( taxt(Ci f CITY OF EAGAN 3830 PILOT NOB ROAD EAGAN, MINNESOTA 55122 DATE / d _161 TIME RE: These are being transmitted as checked below: For Approval For your Use As Requested For Review & Comment Rer arks : Signed: Please Reply QI,Q0)L. No Reply Necessary THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY / city of acigan FAX TRANSMITTAL Office # (612) 454-8100 Fax # (612) 454-8363 To: Fax# Company Attention 0/7C/ / zrC//A/G # of pages being sent + cover. CITY OP EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 DATE / 9,0 T1ME RE: These are being transmitted as checked below: Remarks: For Approval For your Use As Requested For Review & Comment Please Reply Signed: G3e, /uloit No Reply Necessary THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN RE-EXAMINES SNOWMOBILE ORDINANCE For Immediate Release January 2, 1990 Contact: Ken Vraa Eagan Parks & Recreation Dept. 454-8100 Existing ordinances governing the use of snowmobiles within the city limits of Eagan are currently being studied for possible changes. At a December City Council meeting, the Council directed City staff to review current snowmobile operation ordinances to make sure they are compatible with the many changes taking place in Eagan. To assist City staff in this review, a public informational meeting for the purpose of accepting public comment will be held on Wednesday, January 17, 1990 at 7:00 p.m. at Eagan City Hall. According to Eagan's Director of Parks and Recreation, Ken Vraa, the pace of development taking place in Eagan has made travel by snowmobile much more difficult around the City. We're facing a serious safety issue for snowmobiles and motorists alike. What used to be wide-open areas for snowmobile enthusiasts are occupied with homes and businesses. What's more, the numerous new streets have made snowmobile travel much more difficult which has raised safety concerns. The increased urbanization of Eagan has precluded much of the available land for snowmobiling in addition to making it more hazardous. (more) City of Eagan Snowmobile Release Page Two Vraa also stated the City recognizes snowmobiling as a popular outdoor winter activity, and while the City wants to preserve snowmobiling as a recreational sport, the City also has a responsibility to help make it safe "The options range all the way from leaving the ordinance as it currently exists to placing a total ban on snowmobile operations within the City except for use on private property. If the latter becomes the case, snowmobile enthusiasts must trailer to various sites that allow snowmobiling. Hours of operation could also become an issue," Vraa said. Currently, snowmobile operation is prohibited in City parks and on school property. Snowmobiles may be operated on City streets only if the snowmobiles have a definite destination. The County prohibits snowmobiles on county roads and also prohibits snowmobiles to cross any county road. However, snowmobiles may operate on the outside slope of a ditch adjacent to a county road and may be operated on private property. Vraa said a number of changes to the snowmobile ordinance will be discussed at the meeting on January 17 and the general public is invited to attend and give their input. (more) City of Eagan Snowmobile Release Page Three "Any changes will probably be reviewed by the Advisory Park and Recreation Commission and the Advisory Planning Commission before being sent to the City Council for final action. We hope to have any changes enacted by spring. Admittedly, the changeswill probably not affect snowmobiling for this year but we wanted to have the issue discussed during the snowmobile season when public interest is highest. It is difficult to solicit public comment for snowmobile ordinance changes during the summer months," Vraa concluded. - 30 - Business owners upset over new sign rules Ordinance changed last year, but many businesses are just now feeling the impact by Erin Johnson the process. THISWEEK NEWSPAPERS The Eagan City Council placed a moratorium on a revised ordinance regulating business signs after many in the business community pro- tested the new rules. The ordinance was amend- ed last year because the coun- cil wanted to establish consis- tency and avoid the cluttered look that a proliferation of business signs has produced in some other communities. Proposed changes to the ordinance were well publi- cized, said Eagan City Ad- ministrator Tom Hedges, but only a handful of businesses, including the Northern Dako- ta County Chambers of Com- merce (NDC), participated in "The city made an effort to get the word out from the beginning, and we tried to get the word out to our members," said Ruthe Batulis, president of NDC. "But I think the full measure of understand- ing didn't happen until code enforcement, which was really just an education campaign." While no citations have been given — the city wanted to first make businesses aware of the changes, Hedges said — angry business owners filled the room at a recent council workshop to protest the or- dinance, specifically the new rules about window signs. One business owner called them "punitive." See Signs, 15A i Signs/from 1 A "They're unfair, expensive, and anti -business," he said. Window signs were largely unregulated before the ordi- nance was amended. Now they are limited to no more than 25 percent coverage, and they are prohibited in the area four to six feet from the ground to the window. Batulis said there are sever- al schools of thought among business owners when it comes to window signage. "Some businesses believe they own the space they're in and shouldn't be subject to regulations, and others under- stand the ongoing aesthetic approach to what businesses in a community look like," she said. "But most businesses feel they must be visible from the street and the consumer must know what their product is. I think that's the core of this is- sue." A large number of busi- nesses found themselves out of compliance with the new rules and were faced with tearing down and replacing signage, she said. And many business owners consider the prohib- ited four- to six-foot "line of site" area to be prime advertis- ing space. But signs in that area also present a safety issue, said Mayor Pat Geagan, Eagan's former chief of police. When that part of the win- dow is kept clear, he said, "it's easier for law enforcement to look inside when they're out at night." The council agreed to place a 60-day moratorium on en- forcement and formed a task force to re-examine the ordi- nance. The task force, made up of representatives from the city council, planning commis- sion, city staff and business- es, will hold its first meeting April 4. Geagan said he thinks the group is up to the challenge of balancing the needs of busi- nesses with the needs of the community. "I think the task force is made up of a good mix from the business community, so I think they can work it out," he said. Erin Johnson is at eagan. thisweek@ecm-inc.com. Eagan streets now up for adoption by Erin Johnson TFIISWEEK NEWSPAPERS The city of Eagan has decided to put some of its streets up for adoption — sort of. The Eagan City Council di- rected city staff members to move forward with an "Adopt -A - Street" program at its March 14 workshop. "We've received some re- quests from residents wanting to know if we had an adopt -a - street program, because Dakota County has one and some of our neighboring communities have one, as well," said Director of Public Works Tom Colbert. "It's another opportunity to provide community involvement for our citizens." See Streets, 18A Photo by Erin Johnson Portions of Silver Bell and Blackhawk roads are available for adoption through the city's new Adopt -A -Street program. Streets/from 1A Adopt -A -Street is a public ser- vice program for volunteers who are interested in cleaning up Ea- gan's streets and thoroughfares. Citizens, community groups, churches or businesses who par- ticipate in the program are asked to pick up litter on both sides of their adopted street. Volunteers must commit to picking up litter three times a year for a minimum of two years. The program not only provides a volunteer opportunity for resi- dents, it may help save tax dollars. According to the city, cleaning up litter is expensive. City mainte- nance staff and seasonal workers pick up litter year round as resourc- es allow, but keeping up with litter is still a challenge. The primary benefit of the Adopt -A -Street program is that the city would have an organized effort to keep streets clean and up to com- munity standards, Colbert said. "(Volunteers) can also be our eyes and ears for what needs to be picked up, such as larger items and hazardous items;" he said. "We're not going to make them pick up a sofa or anything hazardous. We'll bring our crews in to take care of those things?' Streets are available on a first - come, first -serve basis. Signs an- nouncing the adoption are optional and can be purchased from the city. The city will provide safety vests, trash bags and traffic advance warn- ing signs for free, and will remove filled trash bags from the roadside. For more information, call Nancy Bailey or Kurt Schlegel at (651)675-5300. Erin Johnson is at eagan. thisweek @ ecm-inc. com. .r%VII • .6." ?tv) I Do New property upkeep rules give Eagan more leverage • Complaints will trigger warnings to • pffending owners AMX SHERMAN STAFF WRITER The city of Eagan will soon have mete power to go after owners of problem properties and force them to; clean up the exterior of their hbnoes and yards. On Tuesday, the City Council tu$imously approved new restric- tions regarding property upkeep, which will go into effect in about a month. The goal of the rules is to maintain the appearance of neigh- borhoods. The restrictions cover exterior building features, foundation walls, weeds, fences, large vehicle parking as well as trash and firewood stor- age. Many are common-sense rules, such • as wood stacks can't be rat - infested, while a few are more unusual, such as the finished side of the fence must face outward. The council's decision is good news for residents who are frus- trated after living near eyesores. One Eagan resident said he lives across the street from "a dump" with peeling paint and an unkempt lawn. At one time, there were dead muskrats in the swimming pool, he said. City inspectors won't scour neigh- borhoods in search of violators, but will respond to complaints. If warn- ing letters fail to get landowners to fix problems, the city could take violators to court. The same proce- dure will apply to enforcing restric- tions on the size, number and loca- tion of accessory structures includ- ing ., garages. sheds and detached and gazebos, which the council also approved Tuesday. The council had an amusing dis- cussion about a proposed rule to require that the color of sheds and garages match the color of the home. Council Member Bea Blomquist questioned how the color of a structure could affect health, safety or welfare, unless of course the color could make someone crazy. That comment sparked some giggles by her peers. PROPERTIES CONTINUED ON 2B ► DETAILS Citizens with complaints regarding residential property upkeep and accessory structures can call a new code enforcement hot line at (651) 365-8143, which will be operational by the end of next week. Gran( Hibbi InCI F Redv Roc' St. C Wit Eau Mac Rhir La Cc ,rn Tot Se M PROPERTIES v CONTINUED FROM 1B Meanwhile, Mayor Pat Awada came to the defense of little red sheds and Council Member Peggy Carlson pondered the right to paint polka dots on her garage. "Where are we going over the fine line of people's rights to have taste of their own?" Carlson asked. Of course Carlson said she would prefer that owners of white homes paint their garages white rather than purple, but questioned if she should have the authority to require that. Perhaps the issue isn't legislat- ing good or bad taste, suggested Council Member Paul Bakken, but requiring homeowners' to be con- sistent in their taste. Eventually the council decided to scrap the requirement for homes and acces- sory structures to match in color, which means citizens' rights to paint their sheds any color of the rainbow has been preserved. Amy Sherman, who covers Eagan, Inver Grove Heights and Rosemount, can be reached at ashemian@ pioneerpress.com or (651) 228-2174. r�ouncil to discuss rules for problem properties (6/20/2000) Page 1 of 2 ?tit) Yle.m "2-0 o <ADVERTISEMENT:: VELUM PAGES ■ FIND A CAR NI FIND A CAREER ■ FIND A HOME Published: Tuesday, June 20. 2000 STORY OPTIONS ■ E-mail to a friend • Print this article PioneerPlanet: front News Business • Sports • Entertainment/Just Go �• Livin s Tech f Water Cooler ✓ Special Reports • Classified Ads • Site index EAGAN Council to discuss rules for problem properties • Plan addresses exterior condition, vehicles, sheds AMY SHERMAN STAFF WRITER If you're tired of looking at that half -painted home on the block with rotting siding, trash heaped on the lawn and a crumbling garage, some help is in sight. Tonight, the Eagan City Council will discuss creating new rules regarding property maintenance and accessory structures such as garages and sheds. The goal is to address problems that degrade neighborhoods and harm property values. The meeting starts at 6:30 p.m. The property maintenance ordinance addresses the exterior condition of homes, large -vehicle parking, and trash and firewood storage, among other issues. Proposed rules about accessory structures include that the building must be the same color as the house and can't exceed 1,100 square feet or 16 feet in height. Residents who have complained for years about a property in the 2900 block of Pilot Knob Road hope the ordinance brings their troubles to an end. The house has a dilapidated garage, desperately needs a paint job and parts of the roof sometimes fly off. "I hope they get that house into shape, make it look habitable," said Jeff Mayer, who lives next door. "Right now it looks like the Addams family home." http://www.pioneerplanet.com/news/mtc_docs/022836.htm 6/20/00 Council to discuss rules for problem properties (6/20/2000) Page 2 of 2 • Help News Archives Feedback Back to Top If the ordinance is approved, inspectors would check out properties when they receive complaints. If offenders don't comply with the ordinance after receiving warning letters from the city, the cases could go to court, where residents would face a maximum penalty of 90 days in jail and a $700 fine. Amy Sherman, who covers Eagan, Inver Grove Heights and Rosemount, can be reached at ashermanc pioneerpress.com or (651) 228-2174. 2000 PioneerPlanet / St. Paul (Minnesota) Pioneer Press - All Rights Reserved copyright information http://www.pioneerplanet.com/news/mtc_docs/022836.htm 6/20/00 Jun.29. 2000 7:27AM THE WALLACE GROUP EAGAN ^c.2256 P. 6/6 SOUTH Panel approves looser parking ruis hew restrictions would affect RVs, =, tanowmob i ies, boats AMY SHERMAN STAFF WRUTER Many Eagan liens still dislike suggest- ed"restrictions • n'recreational tticle park - although t' rules are tngre lenient than an earlier proposal. About 60 FOR MORE To see a copy of the restrictions, go to www.city- ofeagan .com or pick up a copy at the Eagan Municipal Center, 3830 Pilot Knob Road. residents attended a meeting Tues- day where the Advisory Planning etirnmission gave the thumbs -up On' the restrictions, which will ripply to boats, campers, snowmo- biles and other recreational vehi- cles: That's about half the number oT esidents who attended a meet - this spring to protest the origi- nal proposal. In response to criti- cism from residents at that meet- ing, the commission loosened the rifles, =T-he restrictions won't become :law unless they are passed by the amity Council. On July 18, the coun- Al will decide whether to approve A . �r the following: • Maximum of three recreation- al vehicles on a single family lot, no more than one may be 20 feet or more in length • L a.,.� and rear yards, vehi- cles must be at least five feet from lot line and screened ■ No more than two vehicles less than 20 feet or one vehicle 20 feet or longer may be parked on a driveway or hard surface in a front yard • Vehicles can't be within 15 feet of the road City inspectors won't search for violators but will respond to com- plaints. Rather than allow any person in the city to complain about a vehicle, citizens suggested only allowing neighbors to call about violations, Critics also said that the 5-feet- from-the-lot-line rule is unfair to those who have narrow side yards. Some homeowners have put down a pad nn a narrow side yard to provide a place to park a vehicle. City staff will explore whether in those instances residents could be exempt from the rule. Residents argued that the city had not received enough com- plaints to warrant new restric- tions. Last year, the city received 50 complaints about vehicles — including automobiles and recre- ational vehicles — that requi: inspections. Additionally, thi were an estimated 80 calls ab recreational vehicles that did ; require any action because 1 concerns did not appear to code violations, Senior Planr. Mike Ridley said. Eagan currently has a fi restrictions on the books affecti recreational vehicles, but the pi posed rules are more extensi and clarify how to store the vel cles outdoors. The purpose of t new restrictions is to maintain t. appearance of neighborhoods ai protect property values. Resident John Boentges said an interview that he - want to live next to a yard wi. junky vehicles, but he works hai to maintain his yard and the fent around his trailer. "I think they't almost kind of penalizing ever, body for the few violators the they have," he said. If letters from the city don prompt offenders to fix the prof !ern, the cases could go to cour where violators could face a maxi mum penalty of 90 days in jai and a $700 fine. Amy Sherman, who covers Eagan, Inver Grove Heights and Rosemount, cen be reached at ashermane ploneerpress.00m or (651) 228-2174. METRO/REGIONAL BRIEFING Armed' training ST. PAUL Mayoral aide named tel t.n, 6514523504 -> CITY OF EAGAN ,TEL-6516814612 06/29'00 08:19 II III Eagan t o appeal ,Cedar Grove- decision • City Council approves budget amendment, dog ordinance change GRANT BOELTER • SUN NEWSPAPERS question, this summer. The city had until June 18 to file a petition for an appeal. The Eagan City Council is asking the In other news from the June 16 highest -court in the state to review a meeting: approved an amend lower court's decision that concluded the • ment toh the council Zap generalvdfund oiler- cityused eminent domain improperly. s atthg budget by reducing both revenues The 'icDevilopment us the:votcityed and expenditures by $592,000. The coun- y, unanimously Economic Development Authority, Tuesday, June cil approved the change due to an expect - Al , unanimously Minnesotaat a meetinged uch as to; to�vie the`econ made Courthfees, perm and other charges,sand an ' Minnesota oreofsA n by unallotment of state aid in the form of Minnesota Court of of Appeals issued May 19; The Court ofAppeals overturned a Market by Gov Tim Pawlenty. Credit Dakota County Court decision that said (MVHC) bye made the unallotment t for the city acted properly in using eminent SIC the mal the day of the meeting, but had sug domain to take, three: Properties inr . Cedar Grove district for redevelopment. The city has been acquiring property , in the district since 2002 and has since I moved forward with the firstphase of redevelopment plans, which includes apartments, a senior housing complex and a hotel. However, the owners of, Competition Engines, Larson Automotive and U-Haul in the district have continued to fight the legality of the taking of their businesses. The council will have hearings on spe- cific portions of Phase I of the project, which doesn't include the properties in Bested as early as December that M would not be available. The city had pre- viously expected to receive more than $900,000 in2009 through the credit. In all, it's estimated that about $1.3 mil - COUNCIL: TO NEXT PAGE 5 Linc ,rc Xt - 06`— 25 - LOCI 9 In the Community, With the Community, For the Community Delta moving to Minneapolis — for now GRANT BOELTER • SUN NEWSPAPERS What was once the bustling head- quarters of one of the world's largest airlines has been reduced to a real estate listing in Eagan. Delta Air Lines, which has merged with the Eagan -based Northwest Airlines, recently announced plans to employees to move all operations from the company's cor- porate headquarters from Eagan to Minneapolis. The headquarters will be tem- porarily relocated at a building leased by the Atlanta -based airline near the Minneapolis - St. Paul International Airport. "We're in the process now of consolidat- ing," said Delta spokesperson Anthony Black. "We're evaluating all of our options." Black said the airline expects to vacate the Eagan campus by the end of • the year. Eagan City Administrator Tom Hedges said representatives from Delta have told city officials that they plan to sell the building. "They wanted to let us know that they they're engaging a real estate company. It's not a surprise," said Hedges. "They've always made it known that the corporate headquarters was probably going to be scaled back and eventually non-existent." Hedges estimated the -facility was home to 1,000 workers at one time„ but has been scaled back since the merger. Delta also has a data center and flight school in Eagan and the company has said in the past there are no plans to close or relocate- those facilities. While losing the jobs hurts, Hedges said the city is looking at the relocation as an opportunity to attract another large employer to Eagan. "We think that campus has a tremen- dous visibility and is in a great office park," he said. "I think it would be very user-friendly" With a generic office layout, Hedges said the building should have a good amount of versatility for a future tenant. He gave the example of Ecolab having to do major conversions to its office park after buying the facility from Cray Research. While the location has worked well for Ecolab, Hedges said it would like- ly be much easier for the company who moves into the former Northwest head- quarters to tailor the building to its needs. However, due to the nature of large real estate transactions and the econo- my, Hedges said it might be a while before the building has a new occupant. "I think there's some lead time to find that right person," he said. "It's more than you trying to sell your house." Council FROM PREVIOUS PAGE lion less than expected will be coming to the city in 2009. The city will address some of the deficit by reallocating $710,000 to the general fund from its capital improvement fund. Another $592,000 will come from reductions in staff and programs. The city won't fill four vacant posi- tions - two police officers, one crime analyst and one building maintenance manager. It is expected that the city will also reduce the parks and recreations staff by one full-time position. " The city also expects to make up $135,000 in personnel reductions that have yet to be decided. The city is expecting that $268,000 will be made up through cheaper fuel prices than anticipated and other reductions in expenditures. "This budget cutting stuff and get- ting back to the basics is not easy, espe- cially when dealing with people," said Mayor Mike Maguire about the process. • The city received its 2008 Comprehensive Annual Financial Report, which was prepared by Kern, DeWenter, Viere, Ltd. The city's fund balance dipped by about $780,000 in 2008 due to shortfalls ir projected revenues and loss of state aid The city also had about $200,000 morE than expected in expenditures. The city is slightly below its desired fund balance level of 40 percent to 45 percent of the total general fund, as the fund balance was at 37.5 percent at the end of 2008, Despite the operating loss, the city still received a clean opinion - the best possi- ble - on its financial statements. Matt Mayer, representing KDV, said the city was not alone in having an operating loss in the past year, and many factors that led to the loss were beyond the city's control. "It was definitely a challenging year in '08," said Mayer. "In general, I think the administration did quite a good job of executing the budget as it was laid out. That's what fund balances are for." • The council approved an ordinance amendment that would allow the city to collect a $1,000 deposit if an owner of a dangerous dog decided to appeal that designation. In successful appeals, the owner would recoup the entire deposit. In unsuccessful ones, the owner would pay for the cost of a hearing frotti'"the. deposit and receive a refund on the rest. The hearing cost may not exceed $1,000. Mowing ordinance gets second looK Eagan revisits lawn rules in light of earth -friendly trends by Erin Johnson THISWEEK NEWSPAPERS The city of Eagan is re-examin- ing its mowing ordinance as more and more businesses and the city itself — embrace the trend of low - maintenance lawns. Current rules call for established lawns to remain below 8 inches in height. While there are separate provi- sions for prairie restoration areas, some of Eagan's corporate citizens are looking at another low -mainte- nance option for their large proper- ties. The ordinance doesn't address this growing trend, which allows longer grass that only needs to be mowed once or twice a year. That not only saves money, it cuts down on fuel and chemicals and benefits water conservation, said Eagan's Director of Commu- nity Development Jon Hohenstein. "Encouraging longer plants and deeper roots is good for surface wa- ter and water retention," he said. Longer roots are better able to absorb surface water, which in turn creates less runoff, he said. The city itself has scaled back lawn maintenance in portions of its parks for years, looking at alterna- ii.ti hit l liir''1 PO( �ci!!Ih Eh/ al II( PhOIo by KICK VlhborI The city of Eagan's lawn mowing ordinance doesn't address a growing trend of longer grass for low - maintenance lawns like that at Lockheed Martin that only need to be mowed once or twice a year. tives to mowing for less active areas. While ball fields are mowed weekly, areas such as hillsides go months without maintenance. Now companies such as Lockheed Martin, 'Unisys and Del- ta Airlines are all looking at making such a change. The city encourages this type of plan and wants to .make sure its or- dinance doesn't stand in the way. But due to the visibility of the corpora- tions' campuses, it wants to make sure there are some guidelines. "It's important that it be a prop- erty that's less maintained, rather than not maintained at all," Hohen- stein said. The city is looking at whether to allow lawn management plans to be determined on a case -by -case basis, or whether it should establish more specific, city-wide standards, Ho- henstein said. Staff has been researching how other cities approach the issue and will present the findings to the City Council this fall. The city has also been working with Lockheed Martin, which has a corporate goal of virtually elimi- nating water runoff from its Eagan campus. Plans include adding pervious surfaces to its parking lots, adding rain gardens and leaving portions of its site unmowed. Erin Johnson is at eagan. thisweek@ecm-inc.com. — — --seam i� ---- — --- — — kA L6 c12 o' - ice City Council amends guidelines for posting signs by Erin Johnson Staff Writer The Eagan City Council amended an ordinance regulat- ing the placement of signs around the city at its Aug. 21 meeting, an amendment that created strong disagreement among council members. The ordinance formerly allowed signs to be placed 10 feet from the curb on city streets, said Mayor Pat Awada. The ordinance now pro- hibits signs from being posted on any city street in Eagan. Signs are, however, still political signs have just been plastered all over every street in Eagan and there were a lot ofcom- laints.' p allowed on county roads. While the ordinance applies to all types of signs, the impe- tus for the amendment was campaign signs, Awada said. "In past years, political signs have just been plastered all over every street in Eagan Mayor Pat Awada and there were a lot of com- plaints," she said. Awada said that Eagan has had a very ' liberal policy regarding signs and now it's more in line with the guide- lines of cities like Apple Valley. The amendment, which^ �+a� The amendment, was originally on the council's agenda in February, has been debated extensively among council members, Awada said. Opinions ranged from Council Member Peggy Carlson who wanted more restrictions to Council Member Paul Bakken who thought it was a free -speech issue and should not be restricted at all, she said. "This issue has been going on for several years, actually," Awada said. "We essentially crafted a compromise that we could all support." CP c f_Yrb �r b�� no Gs - uoo campaign Eagan's liberal n sign rules lead to sign overload p g by Dan Gearino ing campaign signs, but she has council. The policy is fairly lib- There are also county and have no signs because the right - Staff Writer been unable to even get a sec- eral, with just the following state rules regarding campaign of -way is less than 18 feet ond, much less a majority. few restrictions: signs are pro- signs. The county requires that before hitting private property. Drivers through Eagan can Carlson said that the 2000 hibited on any street curb and signs on the right-of-way of Burnsville has a more tell that the Sept. 12 City election season could be the trail or sidewalk; in areas with county highways be 30 feet restrictive policy than Eagan Council primary is approaching worst yet as far .as signage no curb or sidewalk, signs must from the curb. The state bars' and Apple Valley, allowing no because of the growing glut of goes. be 10 feet away from the curb; signs on utility poles, trees or signs in public rights -of -way. campaign signs in public "One candidate has already and signs cannot create any painting or drawing on rocks or The only public spaces in come up with 200 signs and visual obstruction or safety natural features. which signs are allowed are now everyone else feels like hazard. Apple Valley has a policy specifically selected by the they need to catch up," she said. The policy also states that similar to Eagan's with one City Council and are often The City Council most there will be no prohibition of crucial difference — signs on parks. Almost all signs in recently revised its campaign campaign signs on public prop- public property must be 18 feet Burnsville are on the lawns of sign policy in August 1998, erty and no limit to the number from the curb instead of 10. private residential and commer- before Carlson was on the of signs per parcel. This means that many streets See Signs, 4A rights -of -way. Already, candidates seem to be dueling for the best sight - lines at key intersections. Eagan City Council Member Peggy Carlson has tried to get the council to discuss restrict- Signs/Continued - cial businesses. Mendota Heights is signifi- cantly more restrictive than any of its neighbors. No signs are allowed on public property and signs on private property are limited in number and size. Each single-family home may only have one sign, which must be at most two square feet in area. Multifamily dwellings may have one sign for every six dwelling units. Carlson said she doesn't want sign restrictions like Mendota Heights, but rather a few minor changes such as lim- iting 100 total signs per candi- date; allow,ing one sign per candidate at major intersec- tions; and designating only one corner of intersections for signs. _ Other council members chose not to support campaign sign restrictions this year for a variety of reasons, the most common being the feeling that the restrictions should be part of a larger ordinance about' either signs in general or elec- tions in general. W V II -zy-moo Council agrees to limit signs by Dan Gearino Staff Writer There will likely be dramati- cally fewer election signs in Eagan in the future as the City Council took a decisive step toward limiting the signs to just a handful of designated areas. The council's action Tuesday was to direct the city attorney to prepare an amendment to the city's sign ordinance. While the current ordinance allows nearly unlimited signs in public rights of way, the amended ordinance will limit candidates to one sign each in eight designated areas. The ordinance amendment will not become official until the City Council votes on the specif- ic language of the amendment as prepared by the city attorney, something that will occur in January. The amended sign ordinance will include a provision that it will come up for review in 2004 after the next general election. During the 2000 election sea- son, many citizens, city officials and candidates complained of a sign glut, as hundreds of signs were jammed into most public rights of way. The public hearing to discuss election signs didn't begin until 10:30 p.m., after nearly two See Signs, 12A Signs/Continued hours of emotional public comment about the proposed Dodd Road upgrade (see relat- ed story). Perhaps because of the late hour, only three citi- zens were present to speak on the sign issue. Cyndee Fields, a council member -elect, didn't mince words describing the signs. "I hate them," she said. "They make our city ugly." Michael Vincent, a past council candidate, said the emphasis onsigns gives advantages to well -funded can- didates who will purchase hun- dreds of the expensive signs and crown out lesser -funded candidates. Council Member Peggy Carlson said candidates spend too much time, energy and money on signs, and then citi- zens are forced to look at them for months. "If you live in Eagan, 25 percent of your life is spent looking at these signs," she said. The city's amended ordi- nance will be similar to Burnsville's, where signs are only allowed in areas designat- ed by the City Council. sLLn D - Zoe 2A Apple Valley/Rosemount, Eagan Swi.CurrenWVednesday, Sept. 20, 2000 Awada: No conflict of interest in sign vote By Joshua Nichols Sun Newspapers Despite concerns raised by Eagan OPEn, City Attorney James Sheldon said Mayor Pat Awada did not have a conflict of interest when voting last month to schedule a meeting on campaign signs. The Eagan City Council voted unani- mously last month to schedule a Nov 21 public meeting to discuss the possibility of limiting where campaign signs can be displayed. Awada owns the Eagan -based compa- ny Capital Companies Inc., which has a division that sells signs nationwide. Members of Eagan OPEn (Eagan Or- ganization for Process Enlightenment) claimed Awada should have mentioned she owned the company before taking part in the vote. The group also raised concerns over Awada voting to institute a primary and her company selling cam- paign materials for the June community center vote. However, in a memo to the city, Sheldon wrote that it can never be considered a conflict of interest when a council member schedules a public discussion on an issue over which the council has authority. Awada defended not mentioning her connection with Capitol Companies, say- ing she did not see any conflict of interest Awada owns the Eagan -based company Capital Companies Inc., which has a division that sells signs nationwide. in her vote. "All I was doing was voting to schedule a public hearing," Awada said. "There was also no conflict because there was no exclusive benefit to me whatsoever." Awada also said that if the council votes to limit where campaign signs can be located, it would be more likely to hurt her business than help it. City Council candidates Duey Bendt, Cyndee Fields and Shawn Hunter bought signs from Awada's company. Sheldon backed up Awada's explana- tion in his memo, saying that it also can- not be conflict of interest unless the vote would affect Awada's company more than any other company that sells signs. Awada said the Nov 21 discussion will be about whether to limit where signs can be placed. The city has no authority to restrict the number of signs, she said. She said she plans to vote on a possible sign ordi- nance, adding that she supports restrict- ing where signs can be located. "I support the idea fully," she said. "I think it's clear that there are too many signs in some public areas in Eagan. We cannot restrict signs on private property, but if we can do so on public property, I'm all for it." The council brought up the issue in Au- gust but decided to hold off on voting to change the rules until after this fall's elec- tions. Eagan OPEn has asked Common Cause of Minnesota to review the August vote and whether it was unethical for Awada's company to sell signs to a group supporting the $15.3 million central park referendum. Awada dismissed the accusations as personal attacks. "This is just another example of nega- tive attacks that come out of certain groups of people in Eagan," she said. "I think the people are tired of that and want to see it stop." EAGAN uo ? '01- 0 Mayor denies vote a conflict of interest Mayor Pat Awada's business sells election signs. Eagan OPEn says she should have dis- closed that before voting last month to postpone dis- cussion of sign restrictions until after the election. Signs business required disclosure, watchdog says AMY SHERMAN STAFF WRITER Eagan OPEnhas accused Mayor Pat Awada of failing to disclose a conflict of interest in a to _regarding signs. The governor ent watchdog group (whose name stands for Pagan Organization for Pro- cess Enlightenment) said Awada should have disclosed that her business sells election signs before voting in August to delay discussion of sign restrictions until after the election. The council unanimously voted fir the delay. Awada denied she had a conflict of interest when Council Member Sandra Masin, who is seen as a friend to Eagan OPEn, suggested she did at Tuesday's council meeting. The city attorney is now researching the matter. Susan Widmar, spokeswoman for Eagan OPEn, said this is not a matter of law but ethics, which is why the group has asked ethi- cal -government advocate Common Cause of Minnesota to investigate. Common Cause will discuss Sept. 16 whether .to pursue the matter, said executive director Bruce Miller. Council Member Bea Blomquist, a frequent critic of the mayor, is on the board but would not be. allowed tp vote on this issue, Miller said. Com- mon Cause, which usually focuses on state and federal issues, is in the process of forming a chapter in Eagan as well as other cities. Awada characterized the accusations as one in a series of attacks by a small group. "I have always had very high ethical stan- dards," she said. It doesn't appear that the mayor had a con- flict of interest under state law, said Jeanne Olson, executive director of the state's Cam- paign Finance and Public Disclosure Board. For the mayor to have a conflict of interest, the issue would have to have a greater impact on her business than on anyone else who owns a similar business, Olson said. The mayor submits her statement of economic interest to the city, not this state board. Three of the seven candidates in the council election, Duey Bendt, Shawn Hunter and Cyndee Fields, bought signs from Awada's company, Capitol Signs, a division of Capitol Cos. Eagan OPEn also questioned whether it was unethical for Awada's company to sell signs to a group backing the central park referen- dum, which narrowly passed in June. Eagan can't spend city funds to support or oppose a referendum, although it can spend money to publicize that there is going to be one, said Holly Duffy, assistant city administra- tor. But there is no problem with the mayor's company selling signs to a group, she said. Duke Addicks, special counsel with the League of Minnesota Cities, agreed that it was not a conflict for the mayor. Addicks writes a handbook for cities that includes laws pertaining to city government. Amy Sherman, who covers Eagan, Inver Grove Heights and Rosemount, can be reached at asherman@ ploneerpress.com or (651) 228-2174. Last week, Eagan City Council Member Sandy Masin questioned whether Mayor Pat Awada had a conflict of interest in voting Aug. 15 to schedule a public hearing regarding the issue of a sign ordinance. In response to Masin's question, City Attorney James Sheldon TA,OU)12 - ©q - - e-c uo City attorne • Y Awada does conflict of not have interest regarding • by Dan Gearino g g signs Staff Writer investigated the situation and Fiel determined that there wasds. conflict. no Masin inquired about the potential conflict at the Sept. 5 City Council meeting. Awada's business, Capital Signs, a division of Capital Companies, produced cam- paign signs for City Council candidates Shawn Hunter, Duey Bendt and Cyndee Sheldon said that questions of conflict of interest are inevitable when elected offi- cials have outside careers, but that he has rarely seen a case of actual conflict. Sheldon said, "The cry seems to be that anybody who has a business interest can't vote on anything," a sentiment which he believes is inaccurate. Council members question enforcement of sign ordinance by Dan Gearino Staff Writer The city of Eagan's sign ordinance is the most liberal among its immediate neigh- bors, but that doesn't stop political candidates from breaking the rules. In Eagan, campaign signs can be placed in any public right of way as long as they are more than 10 feet away from the curb. Most cities des- ignate specific areas for signs or specify a larger setback. Because of Eagan's liberal sign ordinance, candidates purchase hundreds of signs and place them along seem- ingly every street in town, cre- ating what many citizens believe is an unattractive sign glut. One of the few prohibi- tions in Eagan's ordinance is that signs may not be placed on fences, but a drive down major streets, such as Lexington Avenue, shows that this rule has been broken dozens of times. "We have an enforcement problem," said Eagan City Council Member Paul Bakken at the Sept. 19 council meet- ing. At the meeting, Council Member Peggy Carlson brought up the rampant post- ing of signs on fences, which led to Bakken's comment. "We've got one or two can- didates who think they're above the law," Bakken said. At the Aug. 15 City Council meeting, the council See Signs, 14A Signs/Continued unanimously approved schedul- ing a public hearing for Nov. 21 to discuss potential changes to the sign ordinance. Despite his support for scheduling the hear- ing, Bakken is skeptical about the benefits of changing the ordinance, concerned abut enforcement and limiting candi- dates' free speech. Because signs on fences are on private property, the city does not have the authority to remove them. Instead, according to City Attorney Mike Dougherty, city staff must send property owners a letter informing them that they are in violation of the ordinance and give a reasonable amount of time to remove the signs. When candidates filed to run for City Council, they were given a flier outlining the city sign ordinance. • While some signs have been illegally placed, others are have been illegally removed. There is a difference of opinion as to whether the removal is political- ly motivated. "There is so much vandalism with these signs," said Council Member Bea Blomquist at the Sept. 19 meeting. "There is a lot of anger in this community." Carlson believes that the missing signs are most likely removed by youth who have no opinion about the political races. basil/ -won City Council's decision a sign of things to come Ordinance would limit campaign signs on public property to certain areas By Joshua Nichols Sun Newspapers Fall colors may take on a slightly different hue for the next election season in Eagan. The City Council hopes that limiting the placement of cam- paign signs on public property in certain areas will help allevi- ate some of the complaints City Hall has been receiving. "I hate these signs and it's not that I am against freedom of speech, because I'm not," Coun- cilmember Peggy Carlson said. "I'm in favor of some control be- cause it's a safety issue and it's also an issue of leveling the playing field in the game of pol- itics." The council voted 4-0 (Coun- cilmember Paul Bakken was ab- sent) Nov. 21 to direct city attor- ney Mike Dougherty to prepare an amendment to the city's sign ordinance that would limit cam- paign signs on public property to eight designated areas spread evenly throughout the city. The direction provided by the council would allow candidates to place one sign each in two designated areas within each quadrant of the city. The city conducted an elec- tion sign survey in May to re- view how other communities deal with the issue. Of the five other cities included in the sur- vey, Apple Valley, Bloomington, Burnsville, Lakeville and Min- netonka, none of them allowed campaign signs in public rights of way. Eagan does. The council's decision to limit campaign signs on public prop- 12A Apple Valley/Rosemount,Eagan Sun•Current/Wednesday, Nov. 29, 2000 Signs From Page 1A "I hate them," Fields said. "They make our city dirty. They make Eagan, such a green city, look just ugly. Let's make Eagan, the beautiful city it is, stay that way during elections." Michael Vincent, an Eagan resident who has also -run for council, agreed with. Fields that the signs should be limited on public property. Vincent said the cost of producing the signs and the important role they play in campaigns, gives an advantage to certain candidates. "The cost is phenomenal and it bars people who are representative of our community from running for office," he said. When it comes to controlling cam- paign signs, there are certain aspects that are out of the city's hands. The state sets the maximum for sign size, 4 foot by 8 foot, and the date at which signs can first be displayed, Aug. 1. However, Dougherty said the city can regulate signs when it comes to stan- dards for "time, place and manner." Since the city cannot segregate campaign signs from other signage, such restrictions must be applied to all signage in the city, he said. Senior planner Mike Ridley said that over the 2000 election season Eagan's code enforcement division received sev- eral calls from residents and candidates confused over where signs can be dis- played. In addition, for each complaint call to the city, code enforcement staff spent a lot of time following up on the issue. Each complaint had to be filed, then staff had to go out to see whether or not the sign violated city ordinances. In cases erty to certain areas echoes Burnsville's ordinance, which offers designated areas in parks and on city -owned property for campaign signs. Several members of the audi- ence spoke to the council about their feelings regarding the campaign signs, including two residents who have run for pub- lic office. Cyndee Fields, who has run for District 196 Board of Education and was elected in November to the Eagan City Council, said the signs are a blight on the city. SIGNS: To Page 12A where the sign was in violation, staff called the candidate and asked that the sign be removed. If the sign was still there after a certain number of days, the city removed the sign and stored it for the candidate. "We had other code enforcements not being pursued because staff was so busy with sign enforcement," Ridley said. Over the -course of the 2000 election campaign, the city removed and stored close to 400 campaign signs. Considering the city's size and the lim- itations on patrolling the entire city for sign violation, some signs displayed im- properly were left up in some areas while they were taken down in others, City Ad- ministrator Tom Hedges said. "With so much area we had to rely on citizen complaints or what our own staff found," Hedges said. "That might make it appear like the city is supporting one candidate over another and we want to avoid that." www.mnSun.corn Councilmember Bea Blomquist said she supported going a step further and banning campaign signs from all public property. "There's no doubt I have never had anybody tell me, `Isn't it nice how many signs are out there?'" Blomquist said. "I think we need to get them out of the right of way because they don't belong there. They also don't belong in our parks. Our parks are beautiful and we don't need signs messing them up." Council members agreed to have Dougherty place a four-year sunset clause in the amendment so that any or- dinance amendment would be revisited after the next presidential election. "I don't see anything wrong in seeing how it works and then if it doesn't work, we get rid of it," Carlson said. The 'council tentatively set its Tues- day, Jan. 16, meeting as the time to re- view and make a decision on the amend- ment. Aug.29. 2001 12:21PM THE WALLACE GROUP MNSUN - News Vo.7976 P. 3/5 http:/!mnsui.comistory.asp7city=Eagan&story=73355 SUJ.!. Itcyrillopers e ect a Town —171 0.:;•Local`'Ne7W COtrimugity, Public Safety t.'Seiia'rs_ .Obitt erles,.. 1;e a s I: ,ElectIteVNI; New�21*�`r o'506ttl'News"„ Spor'fe;.Briefs Ev.;ents/S666* HorneArchlirev Busiriess;,t,�'. Nero , .Class"ieds FinanP dew. Horoscope '= 1114 rketOrInl '.Place NetF Directoryi NuttitibnC� alc er:i W contact Us'.' Hbw tQK:'„ Advertise "'`. Jobe At Surf` Sun'Slots i Sei4ivr Fo' usiti�,. ..•r„ IgAroirqiiriticteiloneg • Duk buk Dzi ' 'Whiz BanQ.Dsys Local l ForecaBtWednesday, Aug. 29, 2001 click Here 9 0 QODfl Cagerseg Eagan Council limits signs on city property NA (Created 8/29/01 8:54:37 AM) The Eagan City Council approved an ordinance amendment that will eliminate most signs, including election signs, from city -owned property, The council unanimously approved the amendment during its Aug. 21 meeting. The amendment restricts the placement of "non -governmental" signs In public right of way, parks and facilities. Governmental signs Include those signs "placed, erected or maintained by a governmental entity or ageee for identification of or directions to a public facility or street or for traffic control." The ordinance does alllow signs in the right of way If they are residential name signs attached to mailboxes, private lampposts or similar items. No other non -governmental signs are allowed on public property, including utility poles, under the amendment. The ordinance still allows for signs to be placed along county and state roads, which includes most of the major roads in Eagan, Including Pilot Knob, Yankee Doodle, Cliff, Lone Oak and Dlffley roads and Lexington Avenue. In other business, the City Council agreed to change the city's Capital Improvement Plan to allow the city to take advantage of state funding for upgrading Highway 149. "Trunk Highway 149 Is becoming an overly congested rural highway and this will address that problem," Public Works Director Tom Colbert said. "The CIP plan originally called for an upgrade to a two-lane divided roadway with signalization at Wescott Road. The change will provide for a four -lane divided roadway with the signalizatlon." That change allows the city to seek additional funding that could provide $5 million if the city provides $500,000 toward the project. 1 ofl 08/29/2001 10:14 AM Rules considered on RVs, boats stored at home (4/13/2000) Page 1 of 3 =AF)VF.IR I ISHN i> THE DISTINCTIVE LODGES OF MINNESOTA WELCOME YOU TO... STORY OPTIONS ▪ E-mail to a friend ▪ Print this article PioneerPlanet: front i• News Business Sports • Entertainment/Just Go • Living Tech Water Cooler • Special Reports • Classified Ads Published: Thursday, April 13, 2000 If You Go . WHAT: Public hearing about a proposed ordinance restricting parking of recreational vehicles . WHEN: 6:30 p.m. tonight . WHERE: Eagan Municipal Center, 3830 Pilot Knob Road For more information: To view a copy of draft ordinances for recreational vehicle storage, property maintenance and accessory structures go to www.cityofeag an.com or call planner Bob Kirmis at (651) 681-4696. EAGAN Rules considered on RVs, boats stored at home • New proposals would require privacy screens City views ordinance on home storage of RVs, boats AMY SHERMAN STAFF WRITER When Tarsia Harra sees Eagan homes with recreational vehicles parked in plain view, she tends to think those are "lower class neighborhoods." "It brings down the tone of the neighborhood, so to speak," Harra said. The Eagan resident supports a proposed ordinance to restrict recreational vehicle parking, which includes boats, campers and snowmobiles. Not only is it aesthetically unpleasing to Harra, but she thinks the vehicles negatively affect property values. Residents should put their vehicles in storage, she said. But it's inconvenient to store boats off -site year round, said Ted LeVin, a resident who keeps two boats in his driveway. In a state that emphasizes recreation, residents should have the right to park a couple of recreational vehicles in their driveways. Any restrictions should have been created before the city developed. http://www.pioneerplanet.com/news/mtc_docs/013251.htm 4/13/2000 Rules considered on RVs, boats stored at home (4/13/2000) Page 2 of 3 "I hate to see something like this become a seed of division in the neighborhood," he said. Those who agree with Harra or LeVin can speak up tonight at a 6:30 p.m. Advisory Planning Commission meeting at the Eagan Municipal Center. Under the city's current code, recreational vehicles and trailers can be parked in garages, on driveways, or on the grass along the side or behind homes. Vehicles can be parked within 15 feet of a paved road for three days. The purpose of that rule is to allow residents to load or unload vehicles, but not keep them there permanently. That rule will remain the same if the new ordinance passes. Under the proposed rules, residents won't be allowed to park these vehicles in front or side yards or in driveways abutting streets. The vehicles can't be parked on streets either. Instead, citizens who don't park the vehicles in their garages will have to park them on the side or back of their homes, screened with a solid fence or plantings so they're mostly shielded from neighbors' view. That provision may be waived by the city with written consent from neighbors. The vehicles also must be at least five feet from the property line. If offenders don't comply with the ordinance after receiving warning letters from the city, the cases could go to court, where residents would face a maximum penalty of 90 days in jail and a $700 fine. Eagan inspectors will not seek out violators but respond to complaints. City staff previously said that the city did not track the number of complaints received about these vehicles in the past because the city had few rules restricting parking. Upon further research, Senior Planner Mike Ridley found that during the past six months, the city has received about 80 complaints about vehicle parking. More than half related to automobiles, which are covered in a different part of the city code, while the other calls included complaints about recreational vehicles. However, the city has not recorded all of the complaints about recreational vehicles, but only those that could be addressed by the city code. For example, if a resident called to complain that the neighbor's boat in-between their homes wasn't screened, staff may not have recorded that complaint because there is no rule requiring screening. If the new ordinance passes, boat owners will have to screen their boats. http://www.pioneerplanet.com/news/mtc_docs/013251.htm 4/13/2000 MaY.17. 2000 4:47PM THE WALLACE GROUP MNSUN • News �o.1942 P. 19/22 littp;; innsun.coin'story.asp?city-Eagan&story=371f Nil -Wet a Town i•� 71 EduditiOn Calendar C nrcn '� is ppubiicSafet iliSenicrs q ituaries 5...................'?::al:YYa:V;a3LLLL iiiip lriii" natp cli! !!Hart Around Uc, RSprtng'Homes uGolf Guide Locai,;R,uainesses IILiWL i4I1! 1 �,,�+4.,1 l!,II `ill i� 4- j 3 El 314 Wit 01018414411VtilNi 004 Ott* Local ForecastWednesday, May. 17, 2000 Click Hero i,l'111111111"11'.Ill?#Iii11111 31: %Al i EAGAN Planning Commission works out new RV ordinance details By Joshua Nichols Sun Newspapers (Created 5/ 17!00 2.07:43 PM) Aiming for a compromise acceptable to residents who want restrictions placed on RV storage in single family residential areas and those residents who oppose such restrictions, the Eagan Advisory Planning Commission worked out new wording May 11. Residents would be allowed to store in front of their home (on a paved or gravel surface) a maximum of two RVs that are each less than 20 feet in length OR one RV that is more than 20 feet in length. Unlike the older wording, no screening would be required for storing RVs it the driveway A maximum of three RV's is allowed outside storage on the total property. Past ordinances allowed for a!I three RV's to be stored in front of the house with no restrictions on the number parked behind the house, "Our role is to address the concerns of residents who feel the storage of RVs is obtrusive," said Commissioner Jerry Segal. "Obviously if a big camper is parked In a driveway, it's not going to just go away and the neighbors are not going to like it We just need to find some kind of compromise." The new wording, ironed out during a May 11 workshop meeting, does away with an earlier proposal requiring screening for RV storage in driveways and the sides of yards. Under the city's ordinances, recreational vehicles include boats, campers, snowmobiles and trailers. Like the previous proposal, the new wording would prohibit parking RVs on the front lawn of a property. "What seems to be the general consensus from all that we have heard is that people don't park them on their front yards anyway, so they wouldn't be opposed to prohibiting that," said commission Chairperson Carta Heyl. EI 1 ii 1i1111: i33+i 1 TRe PNerSeller 45 atelier carer $24.95 1 of 3 6514523504 -> CITY OF EAGAN ,TEL'6516814612 05:17,2000 4:48 P1+ 05/17'00 17:40 May.17, 2000 4:48PM THE WALLACE GROUP MNSUN - News No.1942 P. 20/22 bttp: 'mnsun.coin%story,asp?city—Eagan&storyi371( Segal said he wanted the parking surface for driveway storage compactible with the language laid out for off-street parking in city ordinances, something the new wording does. "My main concern was to keep the yards neat and make it so it doesn't bother the neighbors," said Greg Steininger, "I don't think we were being realistic with the screening requirement I just want something that keeps the junky ones from being a problem in neighborhoods. A well maintained RV looks better than a fence or a tarp." Instead, screening will only be required for RVs being stored In the back yards of property where It can be seen from abutting properties. For those RVs, at least 50 percent of the vehicle's visibility must be screened through either fencing or plants from abutting properties, including property separated by a public right of way such as a street. In addition, RVs stored outside must be set back 15 feet from any road surface, something only allowed for up to 72 hours for loading and unloading under the current ordinance. In its original form, the ordinance proposal drew sharp criticism from residents, with 120 showing up at an April 13 commission meeting, Following the public comment, the commission voted unanimously to put off a decision pending further review. As part of that, the city allowed residents to provide their feedback on the ordinance and make comments and suggestions through its Web site. According to senior planner Mike Ridley, 91 residents responding on the Web site were against the ordinance, 47 were for it and 12 were undecided. Heyl said the ordinance came from complaints from residents that the city doesn't have anything on the books now to address problems associated with RV storage. "We felt we needed to get something on the books to deal with it," she said. Heyl said the city has not kept track of the number of complaints it has received regarding storage of recreational vehicles because it did not have an ordinance to address it. However, Ridley said that based on his research the city has received 8Q complaints regarding vehicle parking over the past six months. Although roughly half of those dealt with automobiles, the other half concerned recreational vehicles, he said, The city would not proactively inspect the community to ensure that residents comply with the ordinance, Heyl said Instead, the city would respond to residents' complaints. The commissioners acknowledged that making everybody happy with the ordinance wording Is nearly impossible. "We can't really solve the problem of pleasing everybody completely," Heyl said Al!"we can do is ask ourselves is this a happy medium? Is that going to make everyone happy? No. Is that going to hurt some people? Perhaps, but we need to find a compromise." The wording for tine new ordinance will be available at the commission's May 23 meeting. The public hearing will most likely be set for the Jure 27 meeting. The commission will make its recommendation to the City Council, which has the final say on the ordinance amendment. 2 of 3 6514523504 05i17/20004:48 P11 _> CITY OF EAGAN ,TEL=6516814612 05/17'00 17:41 Jun,29. 2000 8:59AM THE WALLACE GROUP MNSUN - News No.2265 P. 4 http:r,nmsun.cons story, asp'lcity=Eagan&stoy=3930! ewspaiwrsi 111111111 LSelect a'iown ; • 11 Local News EINNow- uwf pI9 Local Sports UMW N Ei; Business News t3usines NN f Contact Info. Iggicatts Front Page Hc'me Page Spin To WIn! Special Sections dg33i 41`i'' jg J7 t'x.,4I nva antnity tie*,, .eMu i 44111 Local News Local Forecast Thursday, Jun. 22, 2000 • Click Here Planning Commission to take more input R-v storage By Joshua Nichols Sun Newspapers (Created 6/21:00 1:46:28 PM) If the turnout from the last Eagan Advisory Planning Commission public hearing on a proposed RV storage amendment is any prediction, the city is going to have to rent some more storage space of its own, In its original form, the ordinance proposal drew sharp criticism from residents, with 120 showing up at an April 13 commission meeting. That meeting was standing room only, with residents standing in the back of the room and out of the meeting room Into the lobby. IiI€ Following that public hearing, the commission voted unanimously to put off a decision pending further review. The newest public hearing Is set for 6:30 p.m. Tuesday, June 27 in the council chambers at the Eagan Municipal Center, 3830 Pilot Knob Road. Aiming for a compromise acceptable to residents who want restrictions placed on RV storage in single family residential areas and those residents who oppose such restrictions, the Eagan Advisory PlAnninn r;nmmission worked out new wording May 11. Residents would be allowed to store in front of their home (on a paved or gravel surface) a maximum of two RVs that are each less than 20 feet in length or one RV that is more than 20 feet In length. Unlike the older wording, no screening would be required for storing RVs In the driveway. A maximum of three RV's is allowed outside storage on the total property. Under the city's ordinances, recreational vehicles include boats, campers, snowmobiles and trailers. Past ordinances allowed for all three RV's to be stored in front of the house with no restrictions on the number parked behind the house, Like the previous proposal, the new wording would prohibit parking RVs on the front lawn of a property. Click Here I ri orrnation 1 of 2 6514523504 06/22/2000 10:26 AM _> CITY OF EAGAN ,TEL=6516814612 06/29'00 09:52 Jun.29. 2000 9:00AM MNSUN - News THE WALLACE GROUP No.2265 P. 5 http: tnnsun.com'story.asp?citv-Eagan&story=3930 It;a Local Sue•,, Search The Web Powatmd _Q:: kk�a�33i��li�lli • Screening will be required for RVs being stored In back and side yards where It can be seen from abutting properties, For those RVs, at least 50 percent of the vehicle's visibility must be screened through either fencing or plants from abutting properties, including property separated by a public right of way such as a street, To meet that requirement, the screening must run along the entire length of the vehicle visible to abutting properties, The screening requirement also applies to all sides of the vehicle, meaning that screening In the form of a gate would be necessary for many properties. In addition, RVs stored outside must be set back 15 feet from any road surface, something only allowed for up to 72 hours for loading and unloading under the current ordinance. The clty would r the community to ensure that residents comply with the ordinance, Instead, the city would respond to residents' complaints. The commission will make its recommendation to the City Council, which is tentatively scheduled to discuss the recommendation at its Tuesday, July 18 meeting. What: Eagan Advisory Planning Commission public hearing in RV storage ordinance When: 6:30 p.m. Tuesday, June 27 Where: Eagan Municipal Center, 3830 Pilot Knob Road Information. 651-681-4685 h 2 o1.2 6514523504 _> CITY OF EkvkN ,TEL=6516814612 06.22; 2000 10:26 AM 06/29'00 09:53 11)10o SOUTH SUBURBAN CIE {l NG Vi ty committee roc- • ,day a partnership anty and West St. r center. development corn- ed replacing the Ire County Park le that would be a i I y for park nse and v The site overlooks 1-4 sensors meet at nitary in West St_ o ersbip between the m city is subject to v ement. The plan ca county board com- z aril 18_ F WOW, S rAFF milt lit median, called a uld not interfere e's plans, said v� 3dministrator Bob 0 \ Q0 said that option -N ce Apple Valley venting them from r" ito Garden View 160th. That's an Louis said, that 4ghborhood would se porker option but still possible, W arts' concerns. o is planning a traf- o dnate the level of o alignment would OOlen View, Kelley o y 10 neighborhood llow residents to at the project and n city officials, he EAGAN SAINT PAUL PIONEER PRESS Rules considered on RVs, boats stored at home • New proposals would require privacy screens AMY SHERMAN sTArf WRITER When Tarsia Harra sees Fagan homes with recreational vehicles parked in plain view, she tends to think those are "lower class neigh- borhoods." "It brings down the tone of the neighborhood, so to speak," Barra said The Fagan resident supports a proposed ordinance to restrict recreational vehicle parking, which includes boats, campers and snowmobiles. Not only is it aes- thetically unpleasing to Marra, but she thinks the vehicles negatively affect property values. Residents should pat their vehicles in stor- age, she said. But it's inconvenient to store boats off -site year round, said Ted LeVin, a resident who keeps two boats in his driveway_ In a state that emphasizes recreation, resi- dents should have the right to park a couple of recreational vehi- cles in their driveways. Any restrictions should have been cre- ated before the city developed. "I hate to see something like this become a seed of division in the neighborhood," he said. Those who agree with Harra or LeVin can speak up tonight at a 6:30 p.m. Advisory Planning Conn - mission meeting at the Eagan Municipal Center. Under the city's current code, recreational vehicles and traders can be parked in garages, on driveways, or on the grass along the side or behind homes. Vehicles can be parked within 15 feet of a paved road for three days. The purpose of that rule is to allow residents to load or unload vehicles, but not keep them there permanently. That rule will remain the same if the new ordi- nance passes. Under the proposed rules, resi- dents won't be allowed to park these vehicles in front or side yards or in driveways abutting streets. The vehicles can't be parked an streets either. Instead, cities who don't park the vehicles in tbeir garages will have to park them on the side or back of their homes, screened with a solid fence or plantings so they're mostly shielded from neighbors' view. That provision may be waived by the city with written consent from neighbors. The vehicles also must be at least five feet from the property line. If offenders don't comply with the ordinance after receiving warning letters from the city, the IF YOU GO • WHAT: Public hearing about a proposed ordinance restricting parking of recreational vehicles • WHEN: 6:30 p.n. tonight • WHERE: Eagan Municipal Cen- ter, 3830 Pilot Knob Road For more information: To view a copy of draft ordinances for recreational vehicle storage, property maintenance and acces- sory structures go to www. cityofeagan.com or call planner Bob Kirmis at (651) 681-4696. cases could go to court, where res- idents would face a maximum penalty of 90 days in jail and a $700 fine. Fagan inspectors will not seek out violators but respond to complaints. City staff previously said that the city did not track the number of complaints received about these vehicles in the past because the city had few rules restricting Parking - Upon further research, Senior Planner Mike Ridley found that daring the past six months, the city has received about 80 com- plaints about vehicle parking. More than half related to automo- biles, which are covered in a dif- ferent part of the city code, while the other calls included complaints about recreational vehicles_ However, the city has not recorded all of the complaints about recreational vehicles, but only those that could be addressed by the city code. For example, if a resident called to complain that the neigh- bor's boat in-between their homes wasn't screened, staff may not have recorded that complaint because there is no rule requiring screening. If the new ordinance passes, boat owners will have to screen their boats. For more than a year, the plan- ning commission has worked on ordinances about recreational vehicle storage, property mainte- nance and accessory structures such as detached garages and sheds_ The vehicle storage ordinance. has generated the most interest among citizens so far. The city's goal is to go beyond issues that affect health and safety and address problems that degrade - neighborhoods and negatively affect property values. The commission will eventually . make a recommendation to the City Council about the ordinances. - Amy Sherman, who covers Eagan, Inver Grove Weights and Rosemount. can be reached at asi►em►an@ puxieerpness..com or (651) 228 21 Rt. )tographer will be on Ridge, take a picture ay dawns among the s, and have the image ectronically on the individual messages. rested in sending one at www.me3.org . In the organization plans .rticipants informed ,rtant energy -related ;, also president of the iation, a $100 million 3 environmental foun- 's an important func- ;rth Day does for the ital movement is it and environmentalists," . "What's important t reaches out to every- 3n be reached at rpress.com or (651) 228- plans include the realignment of iJ: Yt:zILLA EAGAN Residents have say in vehicle storage rules • Post your ideas on city's Web site AMY SHERMAN STAFF WRITER Eagan resi- dents with opin- ions about pro- posed parking restrictions for recreational vehicles can have their say on the city's Web site. The online poll is not meant to be sci- entific; the goal is to offer resi- dents a way to give feedback, said Holly Duffy, assistant to the city administrator. If residents vote overwhelmingly against the rules, that doesn't mean the city will toss them in the trash bin, but city leaders will take the input into consideration. The controversial ordinance amendment would require owners of boats, campers, snowmobiles ONLINE POLL Go to www. cityofeagan. com/ CommDev /Storage.htm to participate in the poll. Residents without computers can go to the Wescott Library. For library hours call (651) 688- 1500. and other recreational vehicles to park the vehicles on the side or rear of homes screened from the view of neighboring properties. More than 100 residents turned out at a recent Advisory Planning Commission meeting about the parking restrictions; only one spoke in favor of the proposed rules. One resident suggested that the city set up an online poll — something the city has never done before. To participate in the poll go to www.cityofeagan.com/Com- mDev/Storage.htm Poll participants can vote for or against the regulation, or say that they are unsure or need more information. The poll includes space for comments as well as a way to request additional informa- tion. Two people had responded to the poll as of Thursday afternoon, but the poll had only been on the Web site for 1 1 days. Residents without computers can log on at the Wescott Library. Residents in favor of the ordi- nance say recreational vehicles hurt the appearance of neighbor- hoods and bring down property values. Recreational vehicle own- ers say they have a right to park their vehicles on their properties. PENN CYCLE'S 43rd Anniversary Bike Sale The amendment would require boats, campers, snowmobiles and other recreational vehicles to be parked on the side or rear of homes screened from the view of neigh- boring properties. and many don't have space in their side or back yards_or garages. They argue that storage is inconvenient and expensive. ;A check of four outdoor storage places in Eagan and nearby cities turned up prices between $30 and $72 a month, depending upon the size of the space. The planning commission plans to revise the ordinance after hear- ing residents' suggestions and complaints. Residents can learn about any proposed changes to the ordinance at a meeting on May 23. The City Council will have the final say on the ordinance. Amy Sherman, who covers Eagan, Inver Grove Heights and Rosemount, can be reached at asherman@ pioneerpress.com or (651) 228-2174. ileOWDL EAGAN November 21, 2001 Andy Blenkush/Sun Newspapers lbove, crowds Tined up early for the 5 p.m. showing of the new Harry Potter movie at the Regal The- iter in Eagan on Nov. 16. Below, early ticket sales kept lines down at the theater. Oh, Harty! Movie brings story to life for Harry Potter fans 3y James Lockwood ;on Newspapers The Dursleys would be appalled. "Hello," said the voice on the other line of the elephone Friday. "Thanks for calling Regal ;inemas, home of Harry Potter." Not only is Regal Cinemas in Eagan as far rom Privet Drive — the address of the Dursleys, mardians of Harry Potter — as it could be, but vhy would they claim Harry Potter, anyway? "Everybody kind of identifies with Harry, no natter how old you are," said Cynthia Weishap- )le, an Eau Claire, Wis., resident who was in the ['win Cities for a convention. She was seeing the film with her 25-year-old laughter. "Harry Potter and the Sorcerer's Stone," the long-awaited film version of the book by the same name, opened Friday, Nov. 16, to sell -out crowds. The showings at many of the theaters around the southern suburbs sold out days in advance. "This [film] went on sale a week -and -a -half ago," said Connie Jungwirth, assistant manag- er of the Regal Cinemas in Eagan. "That is pret- ty unusual." HARRY: To Page 20A INDEX Opinion Page GA Let It Be Known...Page t8A Worship Directoryy..Page 19A Calendar Page 21 A Sports - Page 22A Classifieds Page 26A Eagan not going to clear way City Council votes down most of School District 196's requests for plowing additional sidewalks By Merrily Helgeson and Joshua Nichols Sun Newspapers The passing of the levy refer- endum in School District 196 means Eagan won't be plowing as many sidewalks for the dis- trict as originally expected. During a Nov. 13 workshop, the Eagan City Council decided not to plow most of the sidewalk routes it had originally agreed to clear for students walking to school in District 196. "This really would have been of such a short duration that we shouldn't go ahead with it," Councilmember Peggy Carlson said. "My fear is that once peo- ple get used to it, they will say, `Well, you did it last year, why aren't you doing -it now."' The district originally made requests last- summer for the city to add an additional 14 side- walk routes to its trail mainten- tance program. That request came as the district cut back its bus service as part of a budget reduction ef- fort. Tony Taschner, School Dis- trict 196 communications coor- dinator, said concerns about children walking to school in the snow had been expressed when the school board was consider- ing the budget cuts that would put 7,000 students off school buses. SIDEWALKS: To Page 16A 5 It' 2i-100I Sidewalks From Page 1A The district's stance has been that clearing of sidewalks and walkways "is a it responsibility, not a school district www.mnSun.com are cleared after roads have been opened, and in a major snowstorm that can take up to three days. If children face a choice between walk- ing in the road or negotiating snowdrifts, "hopefully, parents would give them a ride," said Tom Hansen, Burnsville deputy city manager fonor wouldhave "That's what my parents c y responsibility," Taschner said. done."A le Valley Public Works Director "If a student is not eligible for bus pP transportation, we're not saying that Neal Heuer said the responsibility for student has to walk to school," Taschner clearing city sidewalks is that of home - said. "They could get a ride with their owners, who have 48 hours after a snow - parents, or carpool with somebody else." storm to clear their sidewalk. District 196 School Superintendent "One thing we'll be looking at is to see John Haro has pledged to have district thatresidents ents do o clear l ar them in a timely bus service restored by Jan. 2, the day The " Hueagan Cad. Council to students return from the holiday break. two routes the schooloncdistrict decided had The City Council approved the keep changes requested by the school district originally requested. Those routes are ini June.go Altogether, epresentedadditional an addition- andNorthvi North Ridgee ive between Wescott Road Park Road and Lexington plowing routes represented on al $42,265 in the city's annual mainte- Point Parkway between Lexington Av- nance budget, said Public Works Director enue and The oHst�ho two additional routes lton Road. ' Tom Colbert. The routes don't meet any of the trite- will be $2,054. All the other school dis- ria the city uses in planning its trail trict requested routes originally ap- maintenance program, Mayor Pat Awada proved by the council were removed from said. Instead, they were approved be- the maintenance schedule. cause the district requested them. In addition, the council added the "They don't d. "We a ted onour riteria at south side sidewalk on Cliff Road be- thesebe- tween Ches Mar Drive and Lexington Av- causec," Awada sai enue t the maintenance program. That of the bus route elimination. They will represent an additional cost -only met the school district's criteria." portion City Administrator Tom Hedges said of $1,78 2. decision came following a that with upcoming holidays, there are re - only That four full weeks of school before Jan. quest from a resident in that neighbor- 2. With the recenttwmildttheer, it areagets a council. The south side hood at a Nov. 8 gsession with the sidewalk will be bea a week oral .completed with the current Cliff Road large snowfall.not up- "Even if we wanted to go ahead with grade that listening session, t. council it, it would be tough to get it done for two m three more," Hedges then nIt sends a ot have to con- needo it tors also said community understand its trail maintenance any more," H g comes second to plowing streets. fusing message to the community." program Officials in other cities in the large 196 Because snow is thrown onto the side - he side - school district say they either pa hs for walks ave a walks cannott beurring reet done plowing, ntil after street head start on clearing snowy p lowing is completed. - school children or don't anticipate prob-pl owing lems.Because of that, there was no te guaran- Rosemount is expecting delivery with-e the sidewalks. would be clearwada in in days of a new high-speed snowplow time for the school -day anyway, Y, A bought specifically to clear sidewalks said. quickly. Shannon Parkway, 145th Street ret proceed e City witthe idecided. it best to not and Chippendale Avenue, the "We are going po get into more trouble major streets used by walking students, all can be cleared before school starts, if we decide to go ahead and then stop it," Awada said -- In Burnsville, sidewalks near schools that way. Burt. &UAL OS - co www.mnSun.com Source of nuisance calls -could pickup tab New ordinance sets $250 fee for repeat nuisance calls to police By Joshua Nichols Sun Newspapers Eagan residents who have frequent visits from police due to nuisance com- plaints, such as barking dogs or noisy parties, could receive a $250 charge from the police for their service. The Eagan City Council approved a new ordinance during its May 15 meeting that will apply the fee to residences and businesses that generate more than three nuisance complaints within 365 days. Eagan Police Chief Kent Therkelsen said the ordinance will apply to noise complaints, prostitution, weapons com- plaints, curfew violations, drugs, disor- derly conduct and animal complaints. Calls for medical assistance, to report being the victim of a crime, or to report traffic problems won't be included in the ordinance, he said. The ordinance also wouldn't affect restaurants calling in about curfew vio- lators or apartment owners working to Ex problems with tenants leading to the nuisance calls. In the latter case, police would likely bill the tenant for the ser- "We 1l . want the confidence of the com- munity in the Police Department that we can respond to the problems in the city and solve them," Therkelsen said. The aim of the ordinance change is not to discourage people from reporting prob- lems or to raise revenue for the Police De- partment, Therkelsen said. Instead, the ordinance is intended to help cut down on the andount- of time police officers spend dealing with nuisance calls when their time could be better spent elsewhere. "It's important to emphasize our goal here is problem solving, not revenue rais- ing," Therkelsen said. "This is merely a way to hopefully convince people that are causing problems to correct their behav- ior." The ordinance stems from an effort by the council as part of its strategic plan adopted in January to establish a charge for repeat service calls to the police. The specific objective stated the council would seek to "establish fees for address- es that create undue drain on police re- sources by habitual or chronic neighbor- hood disturbances." Council members voted unanimously. to pass the ordinance. that "This reinforces Eagan's position we expect people to behave themselves," said Councilmember Paul Bakken. "This is a way for residents to share the burden of the costs for having created a dispro- portionate demand for service." Therkelsen told the council that cur- rently 32 houses could be cited under the ordinance. Police were called to one house 42 times over the last year for various nuisance complaints, Therkelsen said. A property owner or a tenant would re- ceive a letter warning them about the problem before they would have to pay the fee. In addition, the ordinance allows COUNCIL: To Page 10A www.mnSun.com rCurrenUWednesday, May 23, 2001 Council From Page 6A for anyone who is charged the fee to re- quest a hearing. However,_ before_ that fee can be im- posed, the nuisance calls must be ob- served and confirmed by a police officer or animal control officer and must be of a "same or similar kind." Those parts of the ordinance provide protection for residents who have neigh- bors seeking to harass them by making false phone calls to the police. In other business: The council approved Eagan's stage of the extension of Yankee Doodle Road to Highway 55, part of a larger effort with Inver Grove Heights to extend the road through to Highway 3. The project stems from a 1995 agree- ment between the two cities, Dakota County and MnDOT to complete a corri- dor study to evaluate the need of extend- ing Yankee Doodle into Inver Grove Heights. The new road will be four lanes with an 18-foot-wide raised median and 8- foot-wide shoulders: The road will in- clude t arils on,both sides with a 15-foot boulevard between the road and the traiL:WI iipDefect)'will remove -approxi- matdl3r,H9QD•'eet) ofi.Foaii that ,hasbeen constiaibtecUeast :of Highway .149: The road, which isnot up to the standards of the new: road, will he replaced tomatch the new road. The project will include construction of a water main, • sanitary sewer : and storm sewer along the road. The project will cost $2.68 million, $383,064 coming front city funds: The remaining funds would come from $944,476 of property as- sessments- and $1.35 million of Dakota County contributions. The project is the first stage of the en- tire effort.. The second, stage will, con- struct Yankee DoodleR6ad west froth' Highway 3 in Inver. Grove Heights and the third stage involves the construction of an interchange at Highway 55. Inver Grove Heights is going through a similar planning process and will have a public hearing on the project later. this month. Tiffany Dagon of Short Elliot Hen- drickson Inc., the engineering firm that completed the project's feasibility study, said the project is necessary to relieve traffic levels at the intersection of Yan- kee Doodle Road and Highway 149. The nearest east -west roads providing access are Lone Oak Road one mile north orYankee Doodle and County Road 42 seven miles south, she said. "This is long overdue for the commu- nity," Awada said. "This is needed in the area and it will really help alleviate traf- fic levels on 149." Plans for the project are scheduled for completion in 2002, with construction be- ginning in the spring of 2003. The first stage is estimated to be completed by No- vember 2003, with the entire project fin- ished by July 2004. The council also approved locations for ANOMS monitoringtowers in Eagan. The towers, which measure air- port noise are tentatively set for .four lo- cations under the future flight path from the new north/south runway set for a 2003 opening. Those locations are: 3477 St. Charles Place, 3.957 Turquoise Circle, 2100 Garnet Lane and 4399 Woodgate , Lane. N. The towers are planned for right'of way areas along the roads. The towers are 15-to-18-foot tall poles supplied and maintained by the Metro- politan Airports Commission (MAC). There are currently four towers in Eagan, atAvalon and Vilas, McKee and First Street, Chapel and Wren, and Jurdy Road near LeMay Lake. The new loca- 'Neighb'ors usually consider it ► . a privilege to have them.': [noise towers] in their neighborhood because then they know the noise level in their neighborhood is being collected.' —City Administrator Tom Hedges tions were suggested by MAC staff and passed on to the council on the recom- mendation of the Eagan Airport Rela- tions Commission. Assistant City Administrator Jamie Verbrugge said the city will seek permis- sion from property owners to place the towers in the recommended areas. • If property owners don't want the towers in those locations, alternate loca- tions have been planned for the towers. Although Verbrugge said the city will not fight over •the.•placement Of the tow- ers if residents -appose the recommended locations, city. officials., doubted that would become aiproblent. . "Neighbors iisually consider it a Privi- lege to have-theinin their neighborhood because then :they know the noise level in their -neighborhoad. is being collected," Hedges said .' Verbrugge said it's important to' have the towers in placebefore the new -run- way opens because it will allow for a "base line" of noise • data to be collected that can be compared to noise levels once the runway is open. SGUYL U7 - - 2_00o RV proposal motors way to council APC changes screen requirement, provides for possibility of grandfather clause By Joshua Nichols Sun Newspapers A revision to the proposed recreational vehicle storage or- dinance would eliminate a screening requirement for views of an RV facing the road. The Eagan Advisory Plan- ning Commission sent the pro- posed ordinance amendment re- garding single-family residen- tial areas on to the City Council June 27. The biggest change to the or- dinance amendment limits the screening requirement for stor- ing RVs in side or back yards to only those views visible from "contiguous" properties, where- as the former wording provided for screening from all "abutting" properties. Commissioners made the changed following a June 27 public hearing. Contiguous properties are considered those properties that touch one another, while abut- ting properties include proper- ties on the other side of roads and streets. The screening requirement calls for screening for at least 50 percent of the vehicle's visibility and all the vehicle's length. The screening can be accomplished through fencing or plants. Residents can have the screen- ing requirement waived if their neighbors with contiguous prop- erty provide written consent. Under the city ordinances, recreational vehicles include boats, campers, snowmobiles and trailers. ORDINANCE: To Page 10A w.i uu,pi,,ai ana see the pain ana suicer ing she had to got through ando," esaid.know there's nothing they canIn the end, Caylin died surrounded by Ordinance "" Io. tournament or To register for the golf buffet, contact Dianna Lilla at 651-702- 4366. From Page 1A Commissioners voted unanimouslyto also direct city staff to look into whether property owners who have invested money into some sort of storage area that would violate the 5-foot property setback could be covered by a grandfather clause or if indi- vidual variances would be necessary. "I guess I feel if there is nrequired 5f eet tt there, then they shouldn't be meet that requirement," Commissioner Meg Tilley said. "If it is not there, there is nothing that can be done about it." Lee Weidenhaft was one of several the Eagan residents who suggested grandfather clause at the June 27 meet- ing. Weidenhaft said he had a concrete pad alongside his house to store his RV. However, with limited space 10 fn his neigh - his borhood', his house is onlyfro tos property line, making it imposs store his RV on the pad and comply_with the 5-foot setback. "There are a lot of older areas in the city like the Cedar Grove area where the hous- es are set closer together," he said. "I think a grandfather clause needs to be considered because putting re- quirement that in the ordinance those of us who dis- crimination. It punishes have lived here longer in older at newer be- cause we don't have the space h areas do." ORDINANCE: To next page \°bq.:" - D?;goo RV storage rules to go before council by Dan Gearino Staff Writer After months of citizen input, the Eagan Advisory Planning Commission (APC) approved an ordinance that reg- ulates the storage of recreation- al vehicles (RVs). The approval, which occurred at the end of a June 27 public hearing, means that the amendment will now be for- warded to the City Council to be discussed, and likely voted on, at the July 18 meeting. There have been several APC public hearings on the amend- ment. At the April 13 hearing, over 100 residents were in the audience, most to voice their opinion that the storage rules would be too restrictive. In the time since, the amend- ment has been revised to take into account the concerns expressed at the public hearings. Judging from the compara- tively light attendance of 50 to 60 residents at the June 27 hear- ing, most RV owners are satis- fied with the amendment. In the original version of the See RV, 22A RV/Continued amendment, parking an RV in a front driveway was prohibited. In the revised version, residents may park two class I RVs (20 feet or less in length) or one class II RV (20 feet or more in length) in the front driveway. An RV parked in a driveway must be at least 15 feet away from a roadway. There were almost no changes regarding parking in a side yard and backyard. RVs can be parked in a side yard or backyard as long as they are on a hard surface and at least five feet from a lot line. Also, RVs in a side yard or backyard must be at least 50 percent screened from view from abutting proper- ties. This screening can be fenc- ing, shrubbery or an accessory building. The only change to the amendment as a result of the June 27 hearing is, a clarification of "hard surface." According to the amendment, RVs in a side yard or backyard must be parked on a hard surface. Several RV owners questioned whether gravel constituted a hardurface so the APC decided to add language defining a hard surface as concrete or gravel. Wayne Riley, a boat owner who helped drum up opposition to the amendment, was unsatis- fied with the June 27 hearing. "I think a lot of folks were pleased with the front driveway compromise, but there are still roblems- with. side yard and ackyard screening," he said. According to the amend- ment, homeowners can get per- mission from their neighbors4tti` waive the screening require- ment. Riley said he feels that the screening requirement is too restrictive and would allow one neighboring property, no matter how far away the RV is actually parked, to require expensive screening. Bob Kirmis of the Eagan planning staff said that the reduced attendance at the June 27 hearing indicates that the APC has responded to citizens' concerns. He said that the amendment was needed so that the city has Iegal backing to respond to problem properties. However, he said that the city would like- ly only respond to complaints from neighbors, so the police won't be patrolling residential streets looking for violators. The RV storage amendment is by far the most controversial of three ordinance amendments that the APC has been dis- cussing for months. The other two, relating to accessory build- ings and property maintenance, were approved by the City Council June 20. S t,uk, 0-1 - D 3- a D O 10A Apple Valley/Rosemount, Eagan Sun•CurrentNNednesday, July 5, 2000 Ordinance From previous page Commissioner Jerry Segal said he is opposed to having any waivers or grand- father clauses in the ordinance. Segal said since his property is not big enough to store his boat, he is forced to rent a garage to store it off site. "If a resident has no place to store it on their property, I see no need for a waiver or a grandfather clause," Segal said. "In that case they should have to find some- place else to store it." Any decision on how long residents would have to come into compliance with the ordinance amendments before they go into effect will be decided by the City Council when it considers the proposal July 18, commission Chairperson Carla Heyl said. The final proposal keeps a limit on the number and kind of recreational vehicles that can be stored outside on a property. That wording calls for no more than three recreational vehicles stored outside on a property, with no more than one of those being a "class II" vehicle, more than 20 feet in length. In addition, parking on the front lawn of a property is prohibited. The ordinance amendment also places a limit on the number and class of RVs that can be stored in a driveway area. Whereas there are currently no limits to such storage, the amendment places lim- its on what can be stored on the driveway or "an adjacent hard surface area or gravel area with a defined boundary." Residents would be allowed to store no more than two RVs less than 20 feet in length and no more than one RV more than 20 feet in length in their driveways. In addition, RVs stored outside on property must be set back 15 feet on the driveway from any road surface. Heyl explained that the 15-foot set- back was selected partly because that is the city right of way in most areas, and it was selected also as a safety issue. The setback would help to ensure that drivers can see approaching traffic and pedestrians far enough ahead on curving streets. Any resident who cannot meet the re- quirement because of their driveway length would have to request a variance from the City Council, she said. In its original form, the ordinance pro- posal drew sharp criticism from residents; 120 showed up at an April 13 commission meeting, most of them to express concerns about the proposal. Following that public comment, the commission voted unanimously to put off a decision on the ordinance until it could be further reviewed. www.mnSun.com Eagan resident Debbie Senst said the new restrictions would force her family to move to another community. "We moved to Eagan because it was one of the communities that did not have regulations regarding motor homes," Senst said. Heyl said the ordinance came from complaints from residents that the city doesn't have anything on the books now to address problems associated with RV storage problems. The city would not proactively inspect the community to ensure that residents comply with the ordinance, Heyl said. In- stead, the city would respond to com- plaints brought up by residents. Eagan resident Wayne Riley and other residents voiced their concerns that an Eagan resident driving through a differ- ent neighborhood might decide to file complaints on residents storing their RVs improperly. EAGAN July 26, 2000 INDEX Opinion Page 4A Worship Directory..Page 24A Let It Be Known...Page 25A Calendar Page 27A Sports Page 28A Classifieds Page 1B City Council declines to vote on RV ordinance Status left in air after council can't agree on when to further discuss it By Joshua Nichols Sun Newspapers It appears Eagan residents adamantly opposed to a pro- posed amendment dictating how RVs can be stored in yards may have won their fight. The Eagan City Council could not agree during its July 18 meeting whether to bring the ordinance back to the council at a later meeting. The ordinance was before the council for its first public hearing at the coun- cil level. Previous public hearings be- fore the city's Advisory Plan- ning Commission (APC) on the proposed amendment affecting recreational vehicles, which in- clude boats, campers, snowmo- biles and trailers, were met with high turnouts of residents opposed to the changes. Although the council could decide to take up the ordinance at another time, the council members said they would likely not approve it as it is written. As she dealt with flood dam- ages the week before the meet- ing, Mayor Pat Awada said she would rather see the vote on the ordinance delayed. She recom- mended during the meeting that the council go ahead with the public input portion of the meeting, but delay an official vote on the ordinance. ORDINANCE: To Page 11A Ordinance From Page 1A During the meeting, council members said they sympathize with the concerns raised by residents, such as the expense involved in erecting fences or planting bushes to screen RVs and the hardship placed on residents with smaller lots in meeting setback requirements. "The solution is worse than the prob- lem," Councilmember Sandra Masin summed up her argument at one point during the meeting. The Advisory Planning Commission began looking at possible amendments to city ordinances in 1998 at the recom- mendation of the City Council, said APC Chairperson Carla Heyl. Since the city does not have any codes dealing with RV storage on the books, it had no way to deal with complaints corning in from the public, she said. Under the city's current codes, recre- ational vehicles can be parked in Lott oAr oft o1 zoea garages, on driveways, or alongside or be- hind houses. Codes allow for residents to park their RVs within 15 feet of a paved road for up to 72 hours to allow for un- loading and loading. After the unveiling of the proposed amendments, calling for certain setbacks from adjoining properties and streets, limiting where and how many RVs could be stored on a residential property and requiring screening in some instances, the APC responded to residents' con- cerns by making several changes. The ordinance sent on to the City Council during the APC's June 27 meet- ing, cut back on the screening require- ment, calling for screening of RVs parked in side and back yards only when they could be seen from contiguous properties instead of abutting properties. Contiguous properties are considered those properties that touch one another, while abutting properties include prop- erties on the other side of roads and streets. The screening requirement called for screening for at least 50 percent of the vehicle's visibility and all the vehicle's ,NAppl6.Valley/RnsetnOUhti.Eagan SOn• a bntMednesday,'JUIji,26,A2000 :11A length. The screening can be accom- plished through fencing or plants. Eagan resident Royce Tyre has ap- peared before the APC to voice his con- cerns over the proposed amendment and how it affects the storage of a canoe he keeps near a pond in his backyard. Because he feels the screening re- quirement would be too costly for his canoe, he has since moved it to his drive- way to protest the proposed ordinance. He also posted a sign on his canoe read- ing, "Eagan Encourages Storage on Dri- veways." "Although I think it looks worse in the driveway, I am saving a considerable amount of money while complying with the APC's wishes," he said. Another portion of the RV ordinance that drew the ire of residents, was the re- quirement that RVs must be set back five feet from property lines. It also set a 15-foot setback require- ment from a public street for RVs stored in driveways. Although more than a 100 residents attended each of the public hearings con- ducted by the APC, less than 10 showed up for the public hearing portion of the City Council's meeting. Council. members also agreed with concerned residents that the city has not adequately documented enough com- plaints in the past to prove the need for the ordinance. According to senior planner Mike Ri- dley, around 50 complaints regarding ve- hicles, which includes automobiles and recreational vehicles, were reported to the city last year. Most of the complaints regarding stor- age of recreational vehicles were not kept track of because they city does not have specific ordinances to address it. However, Ridley said that based on his research the city has received 80 com- plaints regarding vehicle parking over the six-month period ending in April. Al- though roughly half of those dealt with automobiles, the other half concerned recreational vehicles, he said. During the June 27 meeting, resi- dents criticized the city for not keeping track of complaints regarding recre- ational vehicle storage since the debate over the issue began. 5 C Cviil More say sought on RV storage Proposed changes to ordinance brought out big crowd at previous hearing By Joshua Nichols Sun Newspapers If the turnout from the last Eagan Advisory Planning Com- mission public hearing on a pro- posed RV storage amendment is any prediction, the city is going to have to rent some more stor- age space of its own. In its original form, the ordi- nance proposal drew sharp criti- cism from residents, with 120 showing up at an April 13 com- mission meeting. That meeting was standing room only, with residents standing in the back of the room and out of the meeting room into the lobby. Following that public hear- ing, the commission voted unan- imously to put off a decision pending further review. The newest public hearing is set for 6:30 p.m. Tuesday, June 27 in the council chambers at the Eagan Municipal Center. Aiming for a compromise ac- ceptable to residents who want restrictions placed on RV stor- age in single family residential areas and those residents who oppose such restrictions, the Eagan Advisory Planning Com- mission worked out new word- ing May 11. RV: To Page 17A RV: More comments sought From Page 1A Residents would be allowed to store in front of their home (on a paved or gravel surface) a maximum of two RVs that are each less than 20 feet in length or one RV that is more than 20 feet in length. Un- like the older wording, no screening would be required for storing RVs in the driveway. A maximum of three RV's is allowed outside storage on the total property. Under the city's ordinances, recreational vehicles include boats, campers, snow- mobiles and trailers. Past ordinances allowed for all three RV's to be stored in front of the house with no restrictions on the number parked behind the house. Like the previ- ous proposal, the new wording would pro- hibit parking RVs on the front lawn of a property. Screening will be required for RVs being stored in back and side yards where it can be seen from abutting prop- erties. For those RVs, at least 50 percent of the vehicle's visibility must be screened through either fencing or plants from abutting properties, including prop- erty separated by a public right of way such as a street. To meet that requirement, the screen- ing must run along the entire length of the vehicle visible to abutting properties. The screening requirement also applies to all sides of the vehicle, meaning that screening in the form of a gate would be necessary for many properties. In addition, RVs stored outside must be set back 15 feet from any road surface, something only allowed for up to 72 hours for loading and unloading under the cur- rent ordinance. The city would not proactively inspect the community to ensure that residents comply with the ordinance. Instead, the city would respond to residents' com- plaints. The commission will make its recom- mendation to the City Council, which is tentatively scheduled to discuss the rec- ommendation at its Tuesday, July 18 meeting. ik)0L 06-2�+1� City of Eagan gets added power to enforceproperty erty maintenance standards p "(The unoccupied property) needs paint, the grass needs to be mowed and the swimming pool water is black," Cooper said. Cooper has lived in his cur- rent home for 35 years and has seen his neighbors come and go with varying levels of attention to maintaining their property. Nobody spoke against the property maintenance amend - See Ordinance, 14A by Dan Gearino Staff Writer Bob Cooper looks out the window of his Highview Avenue home to see the high grass and chipping paint of a house in his neighborhood. He and his neighbors have com- plained to the city before, but until the June 20 Eagan City Council meeting, the property wasn't violating any city ordi- nances. Thanks to the council's approval of a property mainte- nance ordinance amendment that evening, the city of Eagan now has the legal authority to uphold basic standards of pre- sentability. The home that Cooper com- plained about is currently unoc- cupied while the estate of the recently deceased owner is set- tled, he said. Ordinance/Continued ment and the council approved it 5-0. Now, if grass is not mowed below a certain length or refuse is strewn within sight of neigh- bors, the city may warn the offending property owner. If the situation is not remedied, city workers may do whatever work is necessary to comply with the ordinance, then bill the home- owner. The property maintenance ordinance amendment was the least controversial of three ordi- nance amendments that the Advisory Planning Commission (APC) has been working on for months. The other two relate to accessory building requirements and recreational vehicle (RV) storage. Shortly after the property maintenance vote, the council discussed and unanimously approved the accessory building amendment. The accessory building requirements drew several nega- tive citizen comments, mostly about restrictions on firewood storage. The amendment bars residents from stacking fire- wood against a home. This is because the warmth of a home next to the shelter of the wood attracts rodents, said Mike Ridley of the city Planning Department. The draft of the amendment stated that an accessory building of more than 120 square feet must be the same color as the house, even if the accessory building is a shed or detached garage. After council discus- sion, the same -color rule was deleted. "Since when do we tell peo- ple what color to paint their houses?" asked Council Member Peggy Carlson. The council will discuss the RV storage amendment at its July 5 meeting. It wasn't ready for the June 20 meeting because of last-minute revisions by the APC in response to considerable citizen concern that the amend- ment was too restrictive. The original draft of the amendment barred the parking of an RV in a front driveway. The current draft allows the parking of one RV in a front dri- veway. This and other changes have satisfied most RV owners who initially objected to the amendment. The final APC public hearing about the RV storage amend- ment will be June 27 at 6:30 p.m. at the Eagan Municipal Center. u &- Q - ,1 ' 10d0 RV ordinance amendment is revised but some residents still not satisfied by Dan Gearino Staff Writer The Eagan Advisory Planning Commission (APC) voted May 11 to make changes to the recreational vehicle -stor- age amendment which they have been considering for sever- al months. The changes were made after the original version of the amendment drew heated criti- cism from RV owners at an April 13 public hearing. The original amendment pro- hibited parking an RV in a front yard or driveway. The new ver- sion allows two class I RVs (20 feet or less in length) or one class II RV (20 feet or more in length) in the driveway, but not in the front yard. RVs parked in a driveway must be more than 15 feet away from a roadway. In both versions, RVs may be parked in a side yard or back yard as long as they are on a hard surface and are five feet or -more from a lot line. In both versions, RV owners must provide screening with fencing or shrubbery to keep 50 percent of the vehicle out of view of abutting properties See RV, 12A RV/Continued unless the owners of the abut- ting properties issue written consent to waive the provision. Bob Kirmis of the Eagan planning staff said that he believes the changes will satisfy the residents who were dis- pleased with the original amendment. The City Council directed the APC to look into an amend- ment several months ago after the city received many calls complaining about vehicles parked in a manner that was per- ceived as a blight on the neigh- borhood. Brenda Wilde has a small camper that she parks in her front driveway. She was so dis- pleased with the original amendment that she and several other RV owners produced fliers and went door-to-door to orga- nize opposition. Under the revised amendment, she could leave her camper exactly as it is. "I'm happy that the commis- sion decided to make changes, but the changes didn't go far enough," Wilde said. Wilde said she believes resi- dents should be able to park wherever they want in their yard as long as the area is kept neat and clean. Wayne Riley, who helped Wilde with the fliers and owns a small boat that he stores in a wraparound driveway, agreed that the APC didn't go far enough. "It's a token effort," he said. Under both the original and revised amendment Riley would have to move his boat because it is within five feet of a lot line. The APC will hold a public hearing June 27 to take citizen comment on the revised amend- ment. The hearing will take place at 6:30 p.m. in the council chambers at the Eagan Municipal Center. If the APC doesn't make any other major changes, the City Council will likely consider the amendment sometime in July. VICKI GOWLER Managing Editor STEVEN DORNFELD Associate Editorial Editor BERNARD H. RIDDER JR. Chairman Emeritus We welcome your letters. Make them exclusive to us. On e-mail or print letters. provide a full signature. city of residence and (for venfication) your address and daytime phone. Preference goes to letters under 225 words. All letters are subject to editing. Direct questions to (651) 228-5545. Eagan grapples with vehicle ordinance Parking should be restricted e only thing constant in u. life is change. It hap- 't:iens to business, politics, sports and to cities. Eagan is no exception. Currently, there are rules on what type of trees you rcan plant in your back yard, but there are NO regulations about what you can park on your front lawn. On my street alone there are three campers, tone filth -wheel trailer, one boat and one monster truck. Eagan has no homes that I am aware of that are zoned for storage. When we moved here six years ago, there were none. This problem not only creates an eyesore for the neighborhood, but lowers property values. t And the dilemma transcends housing and _-incomes. First, most homes in Eagan were not built with the parking and storage of any vehicles in mind, other than two cars. Second, at what point does it become appropriate and necessary to ''store boats and snowmobiles at your home? „When does a homeowner's right to own these •I recreational toys start, and when does it end -,concerning where to STORE them when not in �'ltse? Finally. look at what the cities of Bloomington and St. Louis Park have done. They have enact- ed tough new standards to eliminate these vehi- cles. Property values have gone up, and the aes- ,_ thetics of the cities have improved greatly. To be sure, there are times when a person needs to get the vehicle ready at his home. I have nothing against a couple of days at home • to prepare for use, provided it is not stored at the home permanently. Homeowners will no doubt say that govern- ' ment is intruding on their property rights. We ' have free speech in this country, and that doesn't mean you can yell "fire" in a theater. You have the rights and responsibilities of `homeownership. This doesn't mean you are 4'allowed to park a 30-foot fifth -wheel trailer next to your home in Eagan. Under current regula- r lions, you are allowed to do so. • There are no right answers in this racy, only 'intelligent choices. I trust the planning commis- sion will make the tough choice and allow the „ change to the ordinance to proceed. MICHAEL TREJO GUEST COLUMNIST c. E-mail Trejo. of Eagan, at mlket98210@email.msn.com . Property rights: nuisance and privilege If you own a recre- ational vehicle, should you be enti- tled to park it or store it anywhere and any way you want to on your own property? Or should local governments — to prevent nui- sances or eyesores and to encourage safe- ty — be able to limit or restrict your options? Eagan is wrestling with those ques- tions now, as reflected in the debate on this page today about whether a proposed ordinance should be enacted to regulate storage of recreational vehicles. But Eagan is not alone in trying to sort out competing claims and assertion of rights. For example, St. Louis Park enacted a comprehensive 7-page ordinance on stor- age of commercial and recreational vehi- cles in 1998. Woodbury decided last year to continue enforcing an ordinance, now 15 years old, that prohibits residents from keeping recreational vehicles more than 24 feet long on their property. LaCrosse, Wis., Burnsville, Bloomington, Brooklyn Center and Minnetonka also have grappled with these questions, or have laws on the books. In St. Louis Park, the ordinance has "removed the clutter from in front of houses," said Scott Moore, zoning admin- istrator, thereby enhancing safety, reduc- ing nuisances and minimizing eyesores. Maplewood took a look at the St. Louis Park ordinance last year, "but we couldn't get a consensus" about doing RONALD D. CLARK EDITORIAL PAGE EDITOR anything, said Melinda Coleman, commu- nity development director. "It is a tough issue. There are so many opinions. It comes down to private rights vs. peace and order." With three new members, the Maplewood City Council will take another look at the need for an ordinance this year, beginning with a City Council/man- ager workshop May 8, Coleman added. In St. Paul, zoning manager Wendy Lane says residents can store recreational vehicles in their back yards, or in side or front yards if they have sufficient space beyond what is required for setbacks. The city does not force owners to put in plantings to screen the vehicles. Write Clark at rclark@pioneerpress.com or at the Pioneer Press. 345 Cedar St., St. Paul. Minn. 55101. For copies of ordinance: Eagan residents can get a copy of the proposed ordinance atwww.cltyotea- gan.com or by calling Bob Kirmis at (651) 681-4696. Residents can offer input by emailing bkirmis@cityofea- gan.com or sending a letter to Bob Kirmis, City of Eagan, 3830 Pilot Knob Rd., Eagan, MN 55122. To participate in a nonscientific poll about the pro- posed rules. go to , www.cityofeagan.com/CommDev/Sto rage.htm . Residents without comput- ers can use the computers at the Wescott Library. Call (651)688-1500 for hours. RV not driveway `junk' After 10 BRENDA WILDE years of GUEST dreaming and COLUMNIST planning. my husband and I took a deep breath and purchased a pop-up camper this spring to use for family vacations. We have three children who love to camp. My husband and I both grew up taking camping vacations. It never crossed our minds that it would be a problem to park the trailer on our driveway for the sum- mer. After all, we have seen other campers and boats parked on or next to driveways the past 13 years that we have lived in Eagan, and it never offended us to see them parked there. When hearing of the pro- posed ordinances that the Advisory Planning Commission had come up with regarding vehicle stor- age, we reacted with disbe- lief and panic as to how we could comply with them. It turns out that we can't. We live on a fairly typical Eagan lot (the size approved by the city before the house was built). Ours happens to be pie -shaped with very small side yards which are hilly. The Advisory Planning Commission (APC) propos- es that RVs can only be parked in side or backyards and, even then, need to be completely screened with a privacy fence or plantings. I guess if we had the trailer lifted to the back with a helicopter, we could comply. Anyone with a boat or trailer knows these proposals are impossible to comply with and way too restrictive. The vehicle storage proposal strikes at the heart of our personal freedom to own property. Do any of us truly want the city telling us what is OK to park on our drive- ways? We need to differentiate between people storing excessive junk and broken-down RVs, and those who park a well -kept RV that they are using regularly. I've noticed that the RV owners often have the more well -maintained houses and yards. We spend a lot of money and time on our RVs and keep them up. Of course, there will always be exceptions to this, but I trust the APC can write an ordinance that deals with the junk while allowing personal freedom. The camper is in excellent condi- tion, I paid taxes to the state for it and the state has already licensed it and approved it to drive along pub- lic roads. What looks good to people is such a subjective thing, anyway. I may not care for all the boring taupe -colored houses that I see everywhere in Eagan_ Accordingto Mike Ridley, senior planner for the city, the proposal was written in response to some complaints about RV parking. Perhaps to represent my interests, if I could get 40 people to call in complaints about taupe houses, the APC would write a proposal restricting them. The logic is the same. The other common statement is that RVs parked around decrease proper- ty values. I have yet to see any proof of this. I know first-hand that my property has only increased in value in the past 13 years and there have been RVs parked in my neigh- borhood for all of those years. I could only wish for a decreased property value to lower my taxes_ Housesin my neighborhood have sold before "For Sale" signs have even been put up. Most of us already use good judgment about what we park and where. Don't write a law that restricts everyone because there may be few who abuse their rights. Some of us have to park them where we do as it is the only place possible for us. All of our rights are important, not just the rights of a few anonymous com- plainers. E-mail Wilde, of Eagan, at Bbwildeeaol.com.