City Council - 06/01/2004 - Workshop APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY,JUNE 1, 2004 CITY CENTER
5:00—6:25 PM,HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and
Philip Young
CITY STAFF:
City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen,Public Works
Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development
Director Janet Jeremiah, City Attorney Ric Rosow, and Recorder Lorene McWaters
I. EXTERIOR MAINTENANCE BUILDING CODE
Kevin Schmieg,Manager of Building Inspections, distributed a draft proposed exterior
building maintenance ordinance. Schmieg said City codes have historically been
reactive; however, even though currently there are not serious blight problems in the
community, the City wants to be proactive for all types of properties. Schmieg said he
believes the proactive development of maintenance codes will decrease the risk of blight;
decrease the concentration of crime in certain neighborhoods; help achieve future gains in
the quality of buildings; and help to maintain property values. Schmieg noted that
neighborhood often set their own standards, and if even one building is allowed to fall
into disrepair, surrounding occupants begin to let their buildings go. Schmieg said the
proposed building maintenance ordinance is the City's attempt to supercede
neighborhood standards.
Schmieg said the age at which buildings regain rapid deterioration without proper
maintenance is approximately 25 years. He noted that 90 of housing complaints in rental
units are from buildings over 25 years old. The average age of single family home in
Eden Prairie is 20 years; and the average age of our rental housing is 17.5 years.
The progression of codes Schmieg envisions for building maintenance is as follows:
• Rental housing codes
• Exterior maintenance code
• Rental housing licensure
• "Truth in Housing"Point of Sale
• Change of Occupancy and/or Conditional Use Permits
Council Workshop Minutes
June 1, 2004
Page 2
The goal of a exterior building maintenance code would be to require the maintenance of
buildings, fences, and other structures so that their physical condition does not detract
from the surrounding neighborhood.
Schmieg said there are typically several different types of building maintenance code
violators, and they need to be handled differently. The types of violators typically seen
include:
• Those that choose not to maintain property(lifestyle choices)
• Those that do not realize timely repairs are needed (procrastinators)
• Those that do not realize that lack of repairs are an issue(social/cultural)
• Those that do not have the wherewithal either physical,mental or financial to make
repairs
For violators who fall into the first three categories, the enforcement process would be as
follows:
• Identify defects and issue orders
• Make the owner aware of assistance programs
• Allow the owner reasonable time to make repairs with consideration for seasonal
weather conditions
• Issue citations to those who ignore correction orders
For violators who do not have the wherewithal to make needed repairs, loan programs
and social service assistance will be utilized. The City will use establish contacts with a
variety of groups, including churches, boy and girl scout troops, and organizations like
Habitat for Humanities.
Mayor Tyra-Lukens asked if the City anticipates any resistance in getting a building
maintenance code accepted. Schinieg said he does not anticipate difficulty since most
buildings in the City are still in good condition. Schmieg said the building code can be
used to address buildings that may come to the attention of the City through other
avenues, such as party houses, abandoned residences, or buildings damaged by fire.
Councilmember Mosman asked when an ordinance can be passed. Rosow said his office
needs to flesh out the enforcement areas a bit, then it can be brought back to Council for
action.
Tyra-Lukens asked if a fine is sufficient penalty to alter the behavior of violators. Rosow
said that although enforcement is initially pursued through civil action, cases can be
criminally prosecuted as a last resort.
Councilmember Butcher said the timing for this type of ordinance is good, since Eden
Prairie's housing stock is aging. She said passage of a code is clearly the right thing for
the Council to do.
Council Workshop Minutes
June 1,2004
Page 3
II. OPEN FORUM
Dale Johnson said he recently purchased a house on Valley Road in Eden Prairie. He is
concerned because the City does not maintain the last 200 feet of the road leading to his
house. In addition,he is concerned about drainage coming off of Hilltop Road that is
causing erosion and has created a huge crater in one neighbor's yard. He said he has
been told by the City that he is responsible for bringing the road up to grade. He said the
City has indicated they would plow an improved road,but it is his responsibility to
maintain it. He wants to know why he must pay for the upgrade when there are neighbors
bordering the road on both sides and there is other traffic on the road, either from people
who are lost or are just coming back to check out the area.
Mayor Tyra-Lukens asked Gene Dietz to share any background information he has on
Valley Road. Dietz said the final 200 feet of Valley Road is, in fact, considered part of
the driveway on Mr. Johnson's property even though part of it is in the right-of-way.
Therefore, upkeep of it is the homeowner's responsibility. Dietz said the City had
offered the previous homeowner the opportunity to have the City provide the labor to
upgrade the road if the homeowner paid for the materials and use of equipment. At that
time,Dietz estimated the cost to upgrade that portion of the road was $2,000.
Dietz pointed out that utilities and sewers have not been installed in this area yet. He said
the time is probably right to do a public works project in the area; however, Council has
had a precedent of requiring a petition signed by 50% of residents before they will order a
feasibility study. He noted Council does have the ability to initiate a project by a 4/5ths
vote. Dietz said that in his opinion this area does need an improvement project to
upgrade it to urban standards. He warned that even if a feasibility study is conducted, a
project could not be initiated until next spring.
Dietz said that although there are other properties adjacent to the 200' feet of road Mr.
Johnson is concerned about; Johnson's property is the only one with access to that
portion of the road. Dietz said there is a 12"culvert on Hilltop Road,but that it is no
longer adequate. He said a storm sewer system directed toward the creek is needed.
Dietz said this is a much bigger issue than just Mr. Johnson's portion of Valley Road.
Mayor Tyra-Lukens said it appears to be an issue of whether or not the area residents
want road and sewer improvements. Dietz added that the drainage damage is also a
safety issue as well.
Another area resident told Council he noticed that the rate of erosion increased noticeably
after Riley Creek Ridge was built. Tyra-Lukens asked Dietz to investigate this issue.
Dietz said he would look into the matter and added that staff will be happy to meet with
neighborhood residents and provide information on how to get a petitioning process
started.
Council Workshop Minutes
June 1,2004
Page 4
M. OPEN PODIUM
Jeff Strate said he was concerned about Council Agenda Item VI E, which addresses
three tax forfeit parcels of land. Strate said he spoke with Stu Fox and learned that one of
the parcels is at the end of Michele Lane in the Edenvale area. Fox indicated that the City
can't use it as a park area because it adjoins a property that maybe developed. Strate
said that if this was an outlot that was set aside in the 70s, it shouldn't be disposed of.
Strate asked Council to pull this item from the agenda since there will still be time for
Hennepin County to consider it for auction next fall.
IV. ADJOURNMENT