Loading...
HomeMy WebLinkAboutResolution - 2013-47 - Ordering Repair of Hazardous Condidtions - 11157 Bluestem Lane - 05/07/2013 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013-47 RESOLUTION ORDERING THE REPAIR OR REMOVAL OF HAZARDOUS CONDITIONS LOCATED AT 11157 BLUESTEM LANE, EDEN PRAIRIE, MINNESOTA WHEREAS, pursuant to Minn. Stat. §§ 463.15 and 463.261, the City Council of Eden Prairie finds the property and building located at 11157 Bluestein Lane, Eden Prairie, Minnesota (the "Property")to be a hazardous building for the following reasons: I. The Property contains a steep slope approximately 70 feet in height which extends from south of the residence on the Property to Purgatory Creek. 2. The slope is subject to erosion and has experienced significant failures due to the following contributing factors: a. The natural slope has an angle greater than 2:1 that is conducive to slope erosion and instability. b. The presence of groundwater within the slope saturates and weakens the soil, thus creating instability issues. c. The collection of water from roof drains directed at the slope continue to saturate the slope and cause erosion, which then leads to slope instability. d. The lack of vegetation accelerates slope instability as the roots have a tendency to hold and reinforce the slope. 3. The slope failures pose a risk of instability to the Property and the residence on the Property. 4. Continued slope failures and erosion will increase sediment loading to Purgatory Creek resulting in increased turbidity and reduced water quality. 5. A factor of safety of 1.0 indicates that slope stresses are equal and therefore the risk of failure is high. Recommended minimum factors of safety for stability is 1.5 for structures. 6. In March 2012, the results of analysis by Braun Inter-tec identified the then current factor of safety for various points on the Property as follows: a. Slope below retaining wall: 1.0 b. Slope with respect to retaining wall/yard: 1.2 C. Slope with respect to deck foundation: 1.2 d. Slope with respect to residence: 1.4 7. In May 2013, another analysis of the slope was performed by Wenck Associates. The results of the analysis identified a deterioration of the factor of safety of the slope for various points on the Property as follows: a. Slope with respect to retaining wall/yard: 0.9— 1.0 b. Slope with respect to deck foundation: 0.9— 1.0 C. Slope with respect to residence: 1.2 8. The condition of the slope constitutes a hazard to the Property, including the residence and land below the slope. Inaction to stop, slow, or prevent further slope failure may result in a catastrophic failure of the retaining wall/yard, deck foundation and/or residence. WHEREAS, the conditions listed above are more fully documented in the Geotechnical Evaluation Report prepared by Braun Intertec dated March 7, 2012, and the Geotechnical Evaluation — Slope Stabilization 11157 Blue Stem Lane report of Wenck Associates of May 2013, copies of which are attached to this resolution as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA,AS FOLLOWS: I. That pursuant to the foregoing findings and in accordance with Minn. Stat. §§ 463.15 and 463,261, the council orders the record owners of the above hazardous building or their representatives to make the following corrections on the property at 11157 Blue Stem Lane Eden Prairie, Minnesota: a. All corrections identified in sections 4.0, 4.1, 4.2, 4.3, and 4.4 of Wenck Associates May 2013 Geotechnical Evaluation — Slope Stabilization 11157 Blue Stem Lane report. 2. That the repairs listed above must all be made, or substantially completed, within twenty days after the order is served upon the property owner. The repairs must be completed in compliance with all applicable codes and regulations and done pursuant to proper permits from the city. 3. That a motion for summary enforcement of the order will be made to the District Court of Hennepin County in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in Minn. Stat. § 463.18, which is 20 days. 4. That in accordance with Minn. Stat. § 463.24, the owner or occupant must remove all personal property and/or fixtures that will reasonably interfere with the work within twenty days. If the property and/or fixtures are not removed and the city enforces this order, the city may sell personal property, fixtures, and/or salvage materials at a public auction after three days posted notice. 5. That if the city must take actions to enforce this order, all enforcement costs will be specially assessed against the property and collected in accordance with Minn. Stat. §§ 463.22, 463.21, and 463.161. 6. That the city attorney is authorized to serve this order upon the owner of the premises at 11157 Bluestein Lane, Eden Prairie, Minnesota and all lien-holders of record. 7. That the city attorney is authorized to proceed with the enforcement of this order as provided in Minn. Stat, §§ 463.15 and 463.261. ADOPTED by the City Council of the City of Eden Prairie this 7'h day of May 2013. ATTEST: CY/yy—r a o ru kol rs,V a y o r Ka teen Porta, City Clerk