03/25/2011 - City Council Public Works CommitteeAGENDA
PUBLIC WORKS COMMITTEE MEETING
FRIDAY, MARCH 25, 2011
7:30 A.M.
CONFERENCE ROOMS 2A &B
I. AGENDA ADOPTION
II. PROPERTY MAINTENANCE UPDATE
• Current Property Maintenance Program
• Vacant and Foreclosed Property Program
• Expanded and Proactive Property Maintenance Options
• Residential
• Commercial
• Rental Property Registration or Licensing
III. OTHER BUSINESS
• Gas Pump Signage Update
IV. ADJOURNMENT
PUBLIC WORKS COMMITTEE
March 25, 2011
II. PROPERTY MAINTENANCE UPDATE
ISSUE:
As Eagan has evolved from a rural area to a high growth city to a mature community, the need to
not only set appropriate standards for private development and improvements, but to develop
strategies to maintain them, has grown. At their goals retreat, the City Council reiterated a
proactive approach to residential and commercial property maintenance as one of its goals for
2011 -2012 and, presumably, for the future.
This matter was addressed previously by the Committee in 2007 with direction provided
regarding several sub - topics under the issue. Progress has been made in a number of areas, but
the recession and the need to shift the primary property maintenance focus to the monitoring and
management of vacant and foreclosed properties has postponed further discussion of certain of
these items. While that challenge is ongoing, an interdepartmental Vacant and Foreclosed
Property group has developed systems that have made it more manageable at current levels,
while at the same time improving the City's capacity to deal with poorly maintained properties in
both complaint -based and proactive situations.
The combination of the City Council goal and the outcomes of the Opportunity Cities study
process make it timely to revisit the background, overview the progress to this point and to have
the Committee renew or modify its direction in this policy area.
BACKGROUND:
The attachments provide the background of the Committee's previous discussion and direction in
this regard. The topics in general include:
Current Property Maintenance Program
The current property maintenance program is much the same as was outlined in 2007. The City
has in place exterior building maintenance and yard maintenance standards that apply equally to
residential and commercial property. With the exception of vacant and foreclosed property
monitoring described below and obvious life - safety violations observed in the field, enforcement
remains largely complaint based.
One qualification is that staff has added the 360 degree assessment approach described in 2007,
so that staff investigating a complaint will also observe other properties in the area for similar
deficiencies or violations, so that compliance can be uniformly enforced in a particular area. 360
reviews are also done during investigations of vacant and foreclosed properties.
Another change that has occurred since 2007 is that the City Council approved a reorganization
of Department staffing to reposition the Code Enforcement technician positions to have greater
throughout the community and targeted mailings are distributed to advise them of the City's
standards for property maintenance, to encourage them to make appropriate corrections and to
identify resources, such as the CDA's home improvement loan or energy loan programs, to assist
with making the improvements. After an appropriate period to permit time for repairs to be
made, the communications would be followed by in- person reviews of the properties and, where
deficiencies were still observed, by follow up communications by Code Technicians to set
timelines and expectations for compliance.
In follow up to the Committee's previous direction, staff would propose to consult with the City
of West St. Paul and any other cities that have a similar program to define likely program costs
for future budget consideration.
With respect to commercial property maintenance, staff believes that the standards and tools for
building maintenance are sufficient and the primary decision to be made is whether to apply a
proactive program to commercial properties and residential properties at the same time or to
begin with a residential program and implement a proactive commercial program at a later date.
A portion of the Committee direction that staff has not completed at this time is the investigation
of neighboring community approaches to commercial property maintenance or development of
standards for private commercial aprons, drives, parking lots and sidewalks and clarification of
whether the City has or can have the authority to enter a private property to implement
corrections, if the owner does not bring them into compliance. While the City has the authority
to do certain corrections and bill the owner for the costs, as with weed cutting, removal of trash
or furnishings stored outside and building board ups, we have not yet followed through with the
City Attorney as to whether state law permits physical repairs of private property. We would
request renewed direction to complete that work and provide information back to the Committee
at a future meeting.
Rental Registration or Licensing
The other item that the Committee had previously given preliminary direction to investigate was
rental housing registration or licensing. This topic was also identified as one of the priorities to
be addressed by staff as an outcome of the Opportunity Cities report.
Rental registration would involve a requirement that all owners of rental property, from single
family rental properties to apartment properties, register with the City to provide current
ownership and contact information for a City database. This information would permit staff to
make prompt contact with the responsible owner or manager for public safety or code
compliance issues, but it would not involve fees, interior inspections or a form of permission that
could be conditioned or revoked. It would serve primarily as an information and contact tool,
but a useful and effective one. For the tool to be most effective, it would be important to have
the registration renewed/contact information updated on some rotating basis, perhaps annually or
biennially. A number of second and third ring suburbs including Apple Valley have a
registration requirement and it does not appear that it would be necessary to add staff to
implement this tool.
10
PUBLIC WORKS COMMITTEE
March 27, 2007
III. PROPERTY MAINTENANCE
ISSUE:
As Eagan has evolved from a rural area to a high growth city to a mature community, the need to
not only set appropriate standards for private development and improvements, but to develop
strategies to maintain them, has grown. At their goals retreat, the City Council identified a
proactive approach to residential and commercial property maintenance as one of its goals for
2007 -2008 and, presumably, for the future.
BACKGROUND:
The City has addressed the need for private properties to remain compliant with City Code
requirements throughout its history. The basis of such regulations is clearly in the health, safety
and welfare responsibilities of local government, both to insure a clean, well maintained and safe
environment for the property owner and those that visit the property, but also to maintain general
property values in neighborhoods, to encourage investment and reinvestment in peoples homes
and businesses and to continue to attract strong markets for Eagan properties. Yet another reason
for the City to be concerned about maintenance standards is that conditions that become
prevalent can be viewed as generally acceptable, which may lead to owners gravitating to the
lowest common denominator.
Finally, there is recognized correlation between the presence of code and property maintenance
violations and other inappropriate behaviors, such as criminal activity, that the City attempts to
prevent and control. While there is a range of legitimate reasons why an owner may not be able
to keep their property in immaculate condition, such as age, illness, financial situation, etc., the
presence of violations can also be an indication of general disregard for societal norms. That is
why code enforcement and law enforcement communicate closely and often work in concert to
address problem properties and owners.
In the past, the City's code enforcement activity has been largely complaint based. While there
may be a variety of minor code violations throughout the City, the strategy that staff has
followed has been to focus on those violations that create sufficient concern for a neighbor or
observer to file a complaint. Complainants identities are required to be kept confidential by the
data practices act, so the risk to neighbors for raising concerns is low. The City also makes use
of the City newsletter, website and direct mailings as means of communicating the community
standards for a variety of property maintenance and zoning issues.
That having been said, there are situations in which staff is proactive and does not rely on
complaints to initiate code enforcement including obvious life safety situations (something
blocking traffic site lines), repeat offenses (recreating a non - compliant situation) and high
visibility violations (off -site business signs in rights of way). As with traffic enforcement, staff
01
commercial properties as well. Such standards may relate to buildings and/or to surface issues
such as:
• Parking Lots (structural — potholes, surface deterioration, water quality sweeping, etc)
• Parking Lots (operational - striping, signage, circulation, emergency vehicle access,
etc)
• Sidewalks (structural)
• Perimeter landscaping (safety sight lines, general maintenance, trash cleanup, etc)
• Drainage
• Other?
Finally, while the specifics of enforcement are typically the responsibility of staff, it will be
beneficial for the Committee to discuss the philosophy of enforcement. The discussion may
address questions such as:
• What things should continue to be addressed on a complaint basis?
• What are the priority issues that should be addressed more proactively?
• Are there elements within the typical enforcement process that require refinement or
modification?
• What are the elements of more proactive enforcement — education, partnering with
outside resources (Sentenced to Service crews), 360 degree area assessment, regular
rounds, door to door inspections and/or other elements?
• What are the resource and budget ramifications of more proactive enforcement?
• What other aspects of the issue arise out of this discussion?
ATTACHMENTS:
• Section 10.53 Building and structure safety and appearance regulations.
COMMITTEE RECOMMENDATION OPTIONS:
1. Provide direction relative to current property maintenance Code standards — residential
and commercial.
2. Provide direction relative to potential property maintenance Code standards — residential
and commercial.
3. Provide suggestions and expectations regarding the enforcement process.
4. Provide direction with respect to developing information regarding the appropriate level
of resources to implement the recommended changes.
5. Other:
Public Works Committee Meeting Notes
March 27, 2007
Page 2
FOLLOW UP ON U.S. CLIMATE PROTECTION AGREEMENT
The committee concurred that they do not want to proceed ahead with the entire Cool Cities
program. They expressed concern with the program requirement that a City commission would
need to be established to prepare a climate action plan. They did offer their support for the cause,
and recommended that the City sign on to the Climate Protection Agreement. The committee
also reviewed the list of energy saving measures that the City is currently has in place.
Public Works Committee Recommendation to th Citv Council:
The Committee recommended that Mayor Maguire, at the request of the City Council, sign on to
the U.S. Mayor's Climate Protection Agreement. The committee also recommended that the City
send correspondence to Bruce Goff, who was the resident who requested the City sign on to the
agreement, to inform him of the City's actions regarding the agreement and also to share with
him the energy saving measures that the City currently has in place.
DISCUSS CITY'S PROPERTY MAINTENANC PHILOSOPHY
Community Development Director Hohenstein and City Planner Ridley highlighted the City's
current code enforcement practices, noting that the City's code enforcement philosophy has
historically been complaint- based. They noted that proactive enforcement occurs with respect to
certain types of violations, but that most property violation investigations occur because of
neighbor calls.
The committee and staff discussed the typical complaints that they receive regarding conditions
in residential areas and at local businesses, such as the condition of buildings, disrepair of
parking lots and pot holes often located at the business access points. It was noted that the public
oftentimes does not differentiate between a public road and private parking lot and therefore
expects the City to make repairs. It was noted that the City currently has minimum standards for
initial construction of private drives, sidewalks, parking lots, etc., but the code currently does not
include provisions for enforcement of standards for such surfaces on an ongoing basis.
The committee also discussed their concerns regarding the detrimental effect that a lack of
overall maintenance on residential and business properties can have on both property values as
well as the City's infrastructure systems (e.g. businesses not sweeping their parking lots results
in debris flowing into the City's stormwater system, private fire hydrants not being maintained
and thus not operable for the City's Fire department, or landscaping not being maintained and
thus sightline issues occur when residents try to access public roads). Staff discussed the way in
which the property maintenance (building condition) code has been applied to bring about
corrections of deficiencies in both residential and commercial areas.
The committee discussed how far the City should go in enforcing maintenance of private
property. It was noted that if a more extensive program is implemented, there will be budget
ramifications. There was agreement that the focus of any business code enforcement that is
implemented should be compliance versus punishment. The committee also discussed the issue
Grass Establish and Maintenance In Right -Of -Way. Every property owner shall be responsible for the maintenance of suitable turf grass
from the line of such property nearest to such street to the curb line of such street. (Section 7.08)
Grass Maintenance on Private Property. Vegetation shall not exceed a height of 8" measured from the ground to the tip of each stem, blade,
etc. (Section 10.21)
Noxious Weeds. Plants designated as thistle, purple loosestrife, sow - thistle, field bindweed, etc. Noxious weeds require removal. .(Section
10.21)
Refuse Container Storage and Placement. Garbage / recycling containers shall be stored Inside the dwelling unit or garage, or at a point
behind the front of the dwelling unit or garage. (Section 10.01)
Refuse Deposit & Disposal. It Is unlawful for any person to deposit garbage or other refuse from any source, In any place other than a
licensed solid waste facility or county- designated facility. In residential districts, It Is unlawful to store refuse for more than 1 week. (Section
10.01)
Enclosure of Trash & Recyclables. All trash and recyclable containers stored outside in RL4, LB, NB, GB, CSC, RD, 1 -1, 1 -2, PF, & BP zoning
districts shall be stored within an enclosure that meets specific design requirements. (Section 11.70)
Junk Vehicle l Furniture I Household I Appliances. It is unlawful to park or store any vehicle that is unlicensed, inoperable, or displaying
expired registration tabs; household furnishings or appliances; or parts thereof on any property, unless housed within a lawfully erected building.
(Section 10.51)
Surface Condition. No part of exterior surface shall have deterioration, holes, breaks, or loose or rotting siding. All exterior surfaces shall be
maintained in good condition and wood shall be protected from decay by painting or other protective treatment. (Section 10.53)
.Paint / Finish Condition. Every exterior surface shall be maintained to avoid noticeable deterioration of the finish. No wall or other exterior
surface shall have peeling, cracked, chipped, or otherwise deteriorated finish on or more than 20% of any one surface. (Section 10.63)
Siding 1 Masonry Joints Condition. All siding and masonry joints, Including Joints between the building envelope and the perimeter of
windows, doors, and skylights, shall be maintained weather resistant and water tight. (Section 10.53)
Foundation Walls Condition. All foundation walls shall be maintained so as to prevent the entry of rodents. (Section 10.63)
Roofs & Drainage Condition. Roof structures, including but not limited to; drains, gutters and downspouts, fascia and trim, shall be
maintained in good repair. All roof drainage systems shall be attached securely. (Section 10.53)
Building Projections Conditiore. Chimney, antennae, air vents, and other similar projections shall be structurally sound and in good repair.
Such projections shall be attached securely, where applicable, to an exterior wall or roof. (Section 10.53)
Fence Maintenance & Paint. All exterior fence wood surfaces shall be protected by paint or other protective surface covering or treatment,
which shall be maintained In good repair. No fence section shall have peeling, cracked, chipped or deteriorated surface finish. The fence shall
not be leaning or in the stage of collapse; firmly fastened and anchored. (Section 10.53)
Fence Requirements. Temporary fences are only allowed for 30 days; finished sides facing out; 42" max In front yard, 6' max in rear. 8' max
In business districts. (Section 11.70)
Pool Maintenance I Fence Requirements. All outdoor swimming pools shall be completely enclosed by a 4' tall security fence or wall, located
at least 4' from the edge of the pool, Fence openings to the pool area shall be equipped with self - closing, self - latching, lockable gates that are
non - climbable. (Sections 4 & 11)
Window 1 Door I Light Fixture Condition. Every window, exterior light fixture, skylight, door and frame shall be kept In sound condition; good
repair, weather tight, and shall be maintained free from cracks and holes. (Section 10.53)
Decorative Features Condition. All cornices, moldings, decorative features, lintels, sills, bay or dormer windows, and similar projections shall
be kept in good repair and free from cracks and defects which make them hazardous or unsightly. (Section 10.53)
Stairway & Exterior Safety Conditions. Every exterior stairway, ramp, deck, porch, balcony, etc, shall be kept in sound and good repair,
maintained structurally sound and free of hazardous conditions, anchored and capable of supporting the Imposed loads. (Section 10.53)
Handrails / Guardrails Condition. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and
shall be maintained in sound and good repair and free from hazardous conditions. (Section 10.53)
Building Numbers Required. The City of Eagan requires that the owner or occupant of any building fronting upon any street shall place and
maintain on the front of the building the property building number assigned by the City in a contrasting color. Residential = 4 ", Single -Story
Commercial = 12 "., Two -Story Commercial = 18 ", Three -Story or more Commercial = 24 ". Address or tenant names are required on multi- tenant
rear access doors. (Section 2.78)
I G \:Building InspectlonsWORMS