HomeMy WebLinkAboutCCAgen_14 March12CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
March 14, 2012
A. CALL TO ORDER:
B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____
LONG ____ MERCER-TAYLOR ____
FISCHER ____
C. PRESENTATIONS:
1. St. Anthony Police Department Annual Report
D. APPROVAL OF MINUTES: February 8, 2012
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through 2/28/2012: $229,902.19
Payroll through 2/29/2012: $31,491.71
2. City License Renewal
3. Approval of City Hall Roof Replacement bid
4. Acceptance of Source Comics and Games Donation
5. Sanitary Sewer Cleaning Program
6. Reestablishment of City’s Precinct Boundaries
G: POLICY ITEMS:
1. Tobacco Ordinance Amendment
2. Coal Tar Sealant Ordinance
H. INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM:
J. ADJOURNMENT:
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
February 8, 2012
A. CALL TO ORDER:
B. ROLL CALL: LINDSTROM _X_ HARRIS _X_ GOSLINE _ab_
LONG _X_ MERCER-TAYLOR _X_
FISCHER _X_
C. PRESENTATIONS:
D. APPROVAL OF MINUTES: January 25, 2012 Approved
E. PUBLIC HEARINGS:
F. CONSENT AGENDA: Motion Chuck Long Approval 4-0
1. General Disbursements through 2/1/2012: $40,876.29
Payroll through 1/31/2012: $14,337.24
2. City License Renewal
3. Approval of Subordination Agreements (3) Associated With Falcon Heights Town
Square-Senior Apartments LLC
4. Public Works Equipment Purchases
5. Authorization for the City of Falcon Heights to submit a grant application to the
DNR for a “2010 to 2014 Community Forest Bonding Grant.”
G: POLICY ITEMS:
1.
H. INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM:
J. ADJOURNMENT: 7:20pm
St. Anthony Police DepartmentFalcon Heights2011
AnnualReport
Falcon Heights Part I Crimes0
2
2 115
89
7
0
0
0
32
17
85
6
0
0102030405060708090
MurderRapeRobberyAgg AsltBurglaryTheftMV TheftArson
Murder
00
Rape
20
Robbery
23
Agg Aslt
12
Burglary
1517
Theft
8985
MV Theft
76
Arson
0020102011
Falcon Heights Part II Crimes8
16
0
4
9
0
3
4
9
2
5
7
0
9
02468
10121416
AssaultsProperty DamageForgeryDOCLiquorWeaponsDrugs
Assaults
84
Property Damage
169
Forgery
02
DOC
45
Liquor
97
Weapons
00
Drugs
392010
2011
Other Calls/Incidents of Interest2112
2064
2905
0
50010001500200025003000
200920102011
200920102011
*NOTE: The large increase in calls for service is due to our new computer systems which generates service calls for citations as well.
Patrol Review•
1,647 citations issued for moving violation
•
243 citations issued for non-moving violations
•
638 arrests
•
2 Officers received Certificate of Appreciation from Ramsey County Safe & Sober for extraordinary efforts
Investigation Review
•
Total Criminal Cases
194
•
Total Cases Cleared
98
•
Total Cases Cleared by Arrest 70
•
Total Cases Cleared by Other 28
•
CLEARANCE RATE 50%
Education Summary
•
The Police Department completed 1432.5 hours of training (excluding SWAT and WMD); Training included:–
Active Shooter
–
New ECitation System
–
EMS
–
Taser
–
Use of Force
–
Investigation Protocols
–
Leadership Training
–
Data Master (Breath Testing)
Police Reserves
•
12 Reserve Officers at Year End
•
2475 Donated Hours–
510 of these were for community events
•
Revamped Field Training
Crime Prevention
•
Minnesota Night to Unite – attended 9 block parties
•
Visit/checks to after school activities
•
Pinewood Derby
Crime Prevention
•
Special Olympics Law Enforcement Torch Run
•
“Shop with a Cop”
St. Anthony Police DepartmentFalcon Heights2011
AnnualReport
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
Meeting Date March 14, 2012
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through 2/28/2012: $229,902.19
Payroll through 2/29/2012: $31,491.71
Budget Impact
Attachment(s) General Disbursements and Payroll
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve general
disbursements and payroll.
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
Meeting Date March 14, 2012
Agenda Item Consent F2
Attachment
Submitted By Michelle Tesser, Assistant to the City
Administrator
The City That Soars!
Item City License Applications
Description
The following individuals have applied for a Municipal License for 2012. Staff has
received the necessary documents for licensure.
1. Butler Vacuum
2. Essential Sessions Studios LLC
3. James Kernik, DDS
4. Premier Health
5. Hamline Hoyt Service
6. Videfi Corp DBA Curves
The following individuals have applied for a Tree Trimming License for 2012.
Staff has received the necessary documents for licensure.
1. A-1 Walsh
2. Premium Tree Protection
The following individuals have applied for a Mechanical License for 2012. Staff
has received the necessary documents for licensure.
1. West Air Inc
2. Affordable Comfort Mechanical DBA Apollo Heating
3. Adam’s On-Time Plumbing & Water Heaters, LLC
4. K.B. Service Co.
5. Joel Smith Heating & Air Conditioning Inc.
The following individuals have applied for a General Contractor’s License for
2012. Staff has received the necessary documents for licensure.
1. Chan’s Consulting, LLC
Budget Impact
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the 2012 City
License Applications
REQUEST FOR COUNCIL ACTION
Meeting Date March 14, 2012
Agenda Item Consent F3
Attachment Contractors bids and publication
Submitted
By
Tim Pittman, Director of Parks/Public Works
and Roland Olson, Finance Director
Families, Fields and Fair
Item
Approval of City Hall Roof Replacement bid
Budget Amendment and Transfer of Funds to fund roof repair
Description The city hall roof was installed in 1982, since that time there have been several
repairs to the roof. The roof is not in good shape and it only makes sense to replace
it before moving a head with the solar panel project. Staff and council have
discussed the issue and agreed to contract Roof Spec Inc. to design and advertise for
roofing contractors to bid on the removal and replacement of a new roof on the city
hall, fire department and public works department. An advertisement was
published in the local paper, eight ( 8) contractors came to the pre-bid meeting that
was held on February 20, 2012. Sealed bids were due on February 24, 2012 by 2:00
pm. Six (6) bids were received and came in as follows:
Central Roofing $149,460.00
Commercial Roofing $154,500.00
McPhillips Bros. Roofing $159,670.00
Palmer West Const. $162,900.00
Peterson Bros. $174,900.00
John A. Dalsin & Son $177,826.00
Roof Spec Inc. reviewed the bid with Mr. Steve Johnson of Central Roofing on
February 27, 2012. Roof Spec Inc. confirmed bid numbers and recommends that
Central Roofing be awarded the contract.
When the 2012 budget was being prepared in 2011, a budget estimate of the roof
repair cost was obtained based on the going rate at that time from the roof
contractor currently conducting ongoing repairs to the city hall roof. This estimate
was based off of replacing the existing roof system, which is old and outdated. The
new bids reflect an improved roofing system. The original estimate of $130,000 was
used to prepare the budget. The original amount of $130,000 was to be transferred
from the Infrastructure Fund (419) to the Parks and Public Works Capital Fund
(403) to fund this repair. The bid(s) received were $20,000 over the original
estimated cost of $130,000 due to the current going rate as well as the budgeted
number being an estimate of final bid costs. Staff recommends a budget
amendment increase of $20,000 to the original budgeted transfer amount from the
Infrastructure Fund (419) to the Parks and Public Works Capital Fund (403) to fund
this increase.
The specific accounts affected are as follows:
Infrastructure fund (419)
419-4419-97000 increase $20,000, new budget amount would be $150,000.
Parks and Public Works Capital (403)
403-000-39200 increase $20,000, new budget amount would be $150,000.
In summary, the transfer amount from the Infrastructure Fund (419) to the Parks
and Public Works Capital Fund (403) would then be a total of $150,000 instead of
the originally budgeted amount of $130,000.
Budget Impact Money has been allocated in the 5 year CIP for the 2012 budget in the amount of
$130,000. Budget amendment and transfer would increase this amount to $150,000.
Attachment(s) Bids and publication in local paper.
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve a contract with
Central Roofing in the amount of $149,460.00.
Staff recommends amending the budget and transfer amount for the transfer from
the Infrastructure Fund (419) to the Parks and Public Works Capital Fund (403) by
an increase of $20,000. The total budget transfer would then total $150,000.
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
Meeting Date March 14, 2012
Agenda Item Consent F4
Attachment
Submitted By Michelle Tesser, Assistant to the City
Administrator
The City That Soars!
Item Acceptance of Source Comics and Games Donation
Description
Last year, the city held its first Movie in the Park event. This was a four year goal of
the Parks Commission. This event was funded solely by Source Comics and Games.
Again this year, the Source has provided a $500.00 donation to cover the licensing
expense of the movie and rental of the movie equipment. The Movie in the Park
event is scheduled for Friday, June 15th
at Community Park starting at dusk. New
this year, the event will also allow residents/non-residents to camp at our
Community Park on Friday, June 15th
. Reservations for camping will be required.
The movie shown will be the PG animated movie The Muppets.
Budget Impact None
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the $500.00
donation for the Movie in the Park event.
REQUEST FOR COUNCIL ACTION
Meeting Date March 14, 2012
Agenda Item Consent F5
Attachment Contractors’ quotes
Submitted By Tim Pittman, Director of Public Works
and Parks
Families, Fields and Fair
Item
Description
Sanitary Sewer Cleaning Program
Background The City of Falcon Heights started a sanitary sewer cleaning /televising program in
2007. This is a rotating program every 3 years. Half of the sanitary sewer system
was cleaned in 2008, the other half in 2009 followed by cleaning and televising the
complete system in 2010. This year is the second half of the second rotation to be
cleaned. This program has minimized, if not eliminated sewer backups that can be
costly to the City of Falcon Heights. This program is also recommended by our
liability insurer’s, The League of Minnesota Cities Insurance Trust. Quotes were
received for the 2012 cleaning program by the following companies.
American Environmental LLC $11,212.48
Visu-Sewer Inc. $18,485.44
Midwest Trenchless Technologies Inc. $11,818.56
Infratech Inc. $19,394.56
Budget Impact Monies have been allocated in the Sanitary Sewer Fund (601) for 2012 in the amount
of $18,000.00.
Attachment(s) Four quotes from companies.
Action(s)
Requested
Staff recommends that the City of Falcon Heights City Council approve the
agreement with American Environmental, LLC for the amount of $11,212.48.
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
Meeting Date March 14, 2012
Agenda Item Consent F6
Attachment Resolution 12-04
Submitted By Michelle Tesser, Assistant to the City
Administrator
The City That Soars!
Item Reestablishing the Precinct Boundaries
Description
Every ten years after the release of census information and legislative districts have
been redrawn, cities are required by Minn. Stat. § 204B.14, subd 3 to reexamine their
precinct boundaries and polling locations no later than 19 weeks before the 2012
state primary. Cities are required to pass a resolution to change the election precinct
boundaries and/or change election polling location or cities have the option to
reestablish the existing precinct boundaries. Since the population in Falcon Heights
has decreased city staff feels that the existing precinct boundaries and polling
locations will be sufficient for the next ten years.
Budget Impact None
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the reestablishment
of the precinct boundaries and maintain the polling locations.
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
March 14, 2012
No. 12-04
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A RESOLUTION TO REESTABLISH PRECINICT BOUNDARIES
CITY OF FALCON HEIGHTS
WHEREAS, new legislative district boundaries were established on February 21, 2012;
and,
WHEREAS, Minn. Stat. § 204B.14, subd 3 requires each city to reestablish its precinct
boundaries no later than 19 weeks before the 2012 state primary; and,
WHEREAS, the changes in the legislative district boundaries will not require any
adjustments to the existing precinct boundaries.
THEREFORE BE IT RESOLVED, the City Council of the City of Falcon Heights
hereby reestablishes the current precinct boundaries, effective on August 14, 2012; and,
BE IT FURTHER RESOLVED, that the city clerk be instructed to send notice of this
act to the Ramsey County Elections Office and the Minnesota secretary of state; and,
BE IT FURTHER RESOLVED, that the city clerk be instructed to post a notice of this
act.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________
Peter Lindstrom, Mayor
March 14, 2012
LINDSTROM ____ In Favor Attested by: ________________________
GOSLINE Bart Fischer
HARRIS ____ Against City Administrator
LONG March 14, 2012
MERCER-TAYLOR
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
Meeting Date March 14, 2012
Agenda Item Policy G1
Attachment Draft Tobacco Ordinance
Amendment 12-01
Hookah Fact Sheet
New Product Fact Sheet
Submitted By Michelle Tesser, Assistant to the City
Administrator
The City That Soars!
Item Tobacco Ordinance Amendment
Description
Ramsey Tobacco Coalition recently contacted the city about updating our tobacco
ordinance. The coalition asked that we specifically look at adopting new tobacco
product definition and prohibit sampling of tobacco products. Other cities that have
recently adopted the new provisions are: St. Anthony, White Bear Township,
Mounds View, St. Cloud, Golden Valley, Hopkins, Roseville and Little Canada.
Staff has drafted the new ordinance language which is attached.
Budget Impact None
Attachment(s) Draft Tobacco Ordinance Amendment 12-01
Hookah Fact Sheet
New Product Fact Sheet
Action(s)
Requested
Staff recommends that the Falcon Heights City Council adopt the amended Tobacco
Ordinance 12-01.
ORDINANCE NO. 12-01
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE FALCON HEIGHTS CITY CODE
CONCERNING TOBACCO
THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS:
SECTION 1: Section 14-292 of the Falcon Heights City Code is amended to
provide:
Purpose and Intent: Because the City recognizes that many persons under the age of 18
years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco-
related devices, and nicotine or lobelia delivery devices, and the sales, possession, and
use are violations of both state and federal laws; and because studies, which the City
hereby accepts and adopts, have shown that most smokers begin smoking before they
have reached the age of 18 years and that those persons who reach the age of 18 years
without having started smoking are significantly less likely to begin smoking; and
because smoking has been shown to be the cause of several serious health problems
which subsequently place a financial burden on all levels of government; this ordinance
shall be intended to regulate the sale, possession and use of tobacco, tobacco products,
tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of
enforcing and furthering existing laws, to protect minors against the serious effects
associated with the illegal use of tobacco, tobacco products, tobacco-related devices, and
nicotine or lobelia delivery devices, and to further the official public policy of the state in
regard to preventing young people from starting to smoke as stated in M.S. § 144.391, as
it may be amended from time to time.
SECTION 2: Section 14-293 of the Falcon Heights City Code is amended to
provide:
Definitions: Except as may otherwise be provided or clearly implied by context, all
terms shall be given their commonly accepted definitions. For the purpose of this chapter,
the following definitions shall apply unless the context clearly indicates or requires a
different meaning:
(1) Compliance Checks. The system the City uses to investigate and ensure that
those authorized to sell tobacco, tobacco products, tobacco-related devices, and
nicotine or lobelia delivery devices are following and complying with the
requirements of this ordinance. Compliance checks shall involve the use of
1
minors as authorized by this ordinance. Compliance checks shall also mean the
use of minors who attempt to purchase tobacco, tobacco products, tobacco-related
devices, or nicotine or lobelia delivery devices for educational, research and
training purposes as authorized by state and federal laws. Compliance checks
may also be conducted by other units of government for the purpose of enforcing
appropriate federal, state or local laws and regulations relating to tobacco, tobacco
products, tobacco-related devices, and nicotine or lobelia delivery devices.
(2) Individually Packaged. The practice of selling any tobacco or tobacco product
wrapped individually for sale. Individually wrapped tobacco and tobacco
products shall include but not be limited to single cigarette packs, single bags or
cans of loose tobacco in any form, and single cans or other packaging of snuff or
chewing tobacco. Cartons or other packaging containing more than a single pack
or other container as described in this definition shall not be considered
individually packaged.
(3) Indoor Area. All space between a floor and a ceiling that is bounded by walls,
doorways, or windows, whether open or closed, covering more than 50 percent of
the combined surface area of the vertical planes constituting the perimeter of the
area. A wall includes any retractable divider, garage door, or other physical
barrier, whether temporary or permanent.
(4) Loosies. The common term used to refer to a single or individually packaged
cigarette or any other tobacco product that has been removed from its packaging
and sold individually. The term “loosies” does not include individual cigars with
a retail price, before any sales taxes, of more than $2.00 per cigar.
(5) Minor. Any natural person who has not yet reached the age of 18 years.
(6) Moveable Place of Business. Any form of business operated out of a truck, van,
automobile or other type of vehicle or transportable shelter and not a fixed
address store front or other permanent type of structure authorized for sales
transactions.
(7) Nicotine or Lobelia Delivery Devices. Any product containing or delivering
nicotine or lobelia intended for human consumption, or any part of such a
product, that is not tobacco as defined in this section, not including any product
that has been approved or otherwise certified for legal sale by the United States
Food and Drug Administration for tobacco use cessation, harm reduction, or for
other medical purposes, and is being marketed and sold solely for that approved
purpose.
(8) Retail Establishment. Any place of business where tobacco, tobacco products,
tobacco-related devices, or nicotine or lobelia delivery devices are available for
sale to the general public. The phrase shall include but not be limited to grocery
stores, convenience stores, restaurants, and drug stores.
2
(9) Sale. Any transfer of goods for money, trade, barter or other consideration.
(10) Self-Service Merchandising. Open displays of tobacco, tobacco products,
tobacco-related devices, or nicotine or lobelia delivery devices in any manner
where any person shall have access to the tobacco, tobacco products, tobacco-
related devices, or nicotine or lobelia delivery devices, without the assistance or
intervention of the licensee or the licensee's employee. The assistance or
intervention shall entail the actual physical exchange of the tobacco, tobacco
product, tobacco-related device, or nicotine or lobelia delivery device between the
customer and the licensee or employee. Self-service sales are interpreted as being
any sale where there is not an actual physical exchange of the product between the
clerk and the customer.
(11) Smoking. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette,
pipe, or any other lighted or heated tobacco or plant product. Smoking also
includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or
heated tobacco or plant product intended for inhalation.
(12) Tobacco or Tobacco Products. Tobacco and tobacco products includes cigarettes
and any product containing, made, or derived from tobacco that is intended for
human consumption, whether chewed, smoked, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means, or any component, part, or
accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated,
plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour;
cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts;
refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
forms of tobacco. Tobacco excludes any tobacco product that has been approved
by the United States Food and Drug Administration for sale as a tobacco cessation
product, as a tobacco dependence product, or for other medical purposes, and is
being marketed and sold solely for such an approved purpose.
(13) Tobacco-Related Devices. Tobacco-related devices include any tobacco product
as well as a pipe, rolling papers, ashtray, or other device intentionally designed or
intended to be used in a manner which enables the chewing, sniffing or smoking
of tobacco or tobacco products.
(14) Vending Machine. Any mechanical, electric or electronic, or other type of device
which dispenses tobacco, tobacco products or tobacco-related devices upon the
insertion of money, tokens or other form of payment directly into the machine by
the person seeking to purchase the tobacco, tobacco product or tobacco-related
device.
SECTION 3: Section 14-294 of the Falcon Heights City Code is amended to
provide:
3
Sec. 14-294. License.
(1) License required. No person shall sell or offer to sell any tobacco, tobacco
products, tobacco-related device, or nicotine or lobelia delivery device without
first having obtained a license to do so from the City.
(2) Application. An application for a license to sell tobacco, tobacco products,
tobacco-related devices, or nicotine or lobelia delivery devices shall be made on a
form provided by the City. The application shall contain the full name of the
applicant, the applicant's residential and business addresses and telephone
numbers, the name of the business for which the license is sought, and any
additional information the City deems necessary. Upon receipt of a completed
application, the City Administrator shall forward the application to the City
Council for action at its next regularly scheduled City Council meeting. If the
City Administrator shall determine that an application is incomplete, he or she
shall return the application to the applicant with notice of the information
necessary to make the application complete.
(3) Action. The City Council may either approve or deny the license, or it may delay
action for a reasonable period of time as necessary to complete any investigation
of the application or the applicant it deems necessary. If the City Council shall
approve the license, the City Administrator shall issue the license to the applicant.
If the City Council denies the license, notice of the denial shall be given to the
applicant along with notice of the applicant's right to appeal the City Council's
decision.
(4) Term. The license is effective from January 1st to December 31st of each year.
(5) Revocation or suspension. Any license issued under this section may be revoked
or suspended as provided in Section 14-297.
(6) Transfers. All licenses issued under this Chapter shall be valid only on the
premises for which the license was issued and only for the person to whom the
license was issued. No transfer of any license to another location or person shall
be valid without the prior approval of the City Council.
(7) Moveable place of business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this
section.
(8) Display. All licenses shall be posted and displayed in plain view of the general
public on the licensed premise.
(9) Renewals. The renewal of a license issued under this section shall be handled in
the same manner as the original application.
4
(10) Issuance as a privilege and not a right. The issuance of a license issued under this
section shall be considered a privilege and not an absolute right of the applicant
and shall not entitle the holder to an automatic renewal of the license.
(11) Smoking. Smoking shall not be permitted and no person shall smoke within the
indoor area of any retail establishment with a tobacco license. Smoking for the
purposes of sampling tobacco and tobacco related products is prohibited.
SECTION 4 Section 14-295 of the Falcon Heights City Code is amended to
provide:
Sec. 14-295. License Restrictions.
It shall be a violation of this Chapter for any person to sell or offer to sell any tobacco,
tobacco product, tobacco-related device, or nicotine or lobelia delivery device:
(1) To any person under the age of 18 years.
(2) By means of any type of vending machine.
(3) By means of self-service methods whereby the customer does not need to a make
a verbal or written request to an employee of the licensed premise in order to
receive the tobacco, tobacco product, tobacco-related device, or nicotine or
lobelia delivery device and whereby the there is not a physical exchange of the
tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery
device between the licensee, or the licensee's employee, and the customer.
(4) By means of loosies as defined in Section 14-293.
(5) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other deleterious, hallucinogenic, toxic or controlled substances
except nicotine and other substances found naturally in tobacco or added as part
of an otherwise lawful manufacturing process. It is not the intention of this
provision to ban the sale of lawfully manufactured cigarettes or other tobacco
products.
(6) By any other means, to any other person, on in any other manner or form
prohibited by federal, state or other local law, ordinance provision, or other
regulation.
SECTION 5. Effective Date: This ordinance shall take effect from and after its
passage.
5
6
ADOPTED this ______ day of ____________, 2012, by the City Council of
Falcon Heights, Minnesota.
CITY OF FALCON HEIGHTS
BY: ____________________________
Peter Lindstrom, Mayor
ATTEST:
___________________________________
Bart Fischer, City Administrator/Clerk
Is hookah smoking prohibited indoors?
The Minnesota Clean Indoor Air Act (MCIAA) prohibits smoking in
almost all indoor spaces. However, the MCIAA has an exemption
for sampling of tobacco in tobacco shops. Hookah lounges are
exploiting this loophole in the MCIAA by claiming the tobacco shop
exemption. Local communities can chose to prohibit all sampling
of tobacco. An ordinance prohibiting all sampling of tobacco would
prohibit any tobacco shop or hookah lounge from allowing any
smoking of tobacco on premises.
Association for Nonsmokers-Minnesota • 651.646.3005 • www.ansrmn.org
Popular tattoo artist and
t-shirt designer Ed Hardy now
manufactures hookah pipes
and hookah accessories
(shisha tobacco and coals)— a
sure sign that hookah smoking
is growing in popularity with the
young adult/college student
population. The hookah
pictured above is an Ed Hardy
design.
How does hookah smoking compare to cigarette smoking?
Hookah smokers inhale as much smoke from a typical hookah
session as a cigarette smoker would inhale from 100-200 cigarettes.
- Typical cigarette: 500-600 mL of inhaled smoke
- Typical hookah session: 90,000 mL of inhaled smoke
In a hookah, charcoal or wood cinders are used to burn the tobacco.
This method adds health risks as burning charcoal and wood cinders
release CO and heavy metals. To make matters worse, many
hookah lounges in the U.S. use “quick lighting” charcoal which
releases more CO than traditional charcoal.
Hookah tobacco is burned using
charcoal or wood embers. This
method of burning releases CO
and heavy metals.
Sources:
1. American Lung Association.
2. World Health Organization.
3. Centers for Disease Control and
Prevention.
4. Cobb, L, et al. Am J Health
Behavior 2010;34(3):275-285
Does hookah pose a fire risk?
Hookah tobacco is heated using red hot coals or embers. These
coals are often kept in an open indoor fire pit, which is a fire
hazard.
How do hookah “lounges” work?
Hookah is usually smoked in a social setting. Hookah lounges or
bars are run much like a café. Customers sit down and order a flavor
of hookah tobacco from a menu. The hookah pipe is then prepared
and “served” to the customers, who smoke the hookah on site. A
typical hookah session lasts between 30-90 minutes.
8/23/2011 This publication has been made possible by funding from the Minnesota Department of Health’s Tobacco
Prevention and Control Program through its Tobacco-Free Communities grant program.
Newsletter Date
Volume 1, Issue 1
New Tobacco Products
2395 University Avenue W • Suite 310 • St. Paul • MN • 55114 • 651.646.3005
Camel Dissolvable Tobacco Products
RJ Reynolds began test-marketing dissolvable tobacco products in
early 2009. These products dissolve when placed in the mouth,
releasing nicotine. Users do no need to spit when using this prod-
uct. Three varieties of dissolvable tobacco will eventually be avail-
able nationwide:
• Camel Orbs
— Two styles: Fresh and Mild
— 15 orbs per package
— Lasts about 10 to 15 minutes; 1 milligram of nicotine each
• Camel Sticks
— One style: Mellow
— 10 sticks per package
— Lasts about 20-30 minutes; 3.1 milligrams of nicotine each
• Camel Strips
— One style: Fresh
— 20 strips per package
— Lasts about 2-3 minutes; 0.6 milligrams of nicotine each
The average smoker takes in 1 milligram of nicotine per cigarette.
So, the sticks pack quite a dose of nicotine. Currently, these prod-
ucts are being test-marketed. It is unclear when these products will
hit Minnesota.
Camel Dissolvable Tobacco Products
Source:
http://tobaccoproducts.org/index.php/Camel_Sticks,_Camel_Orbs_and_
Camel_Strips <9/30/09>
Camel Snus
Camel Snus is a smokeless, spitless tobacco product. Small
pouches filled with tobacco are placed between the gum and lip
where nicotine can be absorbed.
Market-testing on Snus began in select cities in April, 2006.
Market-testing in Minneapolis and St. Paul began in May, 2008.
Snus was released Nationwide in 2009.
Snus is currently sold in 15 pouch tins (see picture). Each pouch
delivers 2.4 milligrams of nicotine. Snus is available in the following
flavors: Frost, Mellow, Robust, and Winterchill.
RJ Reynolds markets Snus as “Pleasure for Whenever”— suggesting
that the product can be discreetly used where other tobacco
products can’t.
Snus is currently available in only two flavors: Frost and Mellow.
Pictured are Snus tins and the tobacco pouches found inside.
Source: http://tobaccoproducts.org/index.php/Camel_Snus#_note-0
<9/30/09>
2395 University Avenue W • Suite 310 • St. Paul • MN • 55114 • 651.646.3005
Camel Crush
Camel Crush is a “customizable” cigarette. There is a
small blue bead in the filter that a smoker can squeeze to
release menthol flavoring into the cigarette. In this way,
smokers can switch from a regular cigarette to a menthol
cigarette with the simple squeeze of the filter.
Menthol cigarettes are most popular with youth and Afri-
can Americans.
Source:
http://www.tobaccoproducts.org/index.php/Camel_Crush
<9/30/09>
Camel Crush Package
Up close view of menthol
bead found in Camel Crush
filters
Little Filtered Cigars
These little “cigars” are really just cheap ciga-
rettes. They look and feel like cigarettes with one
exception, they have a small amount of tobacco in
the rolling paper. They are, therefore, able to be
called cigars and can avoid cigarette taxes. As a
result, these products are extremely cheap
($1.59-$2.50 per pack) compared to approxi-
mately $6 per pack for cigarettes. These prod-
ucts are likely appealing to youth and low-income
as these groups are price sensitive.
Remington Filter Cigars in Full
Flavor
Remington ad found at a St. Paul, MN
store in July, 2009. Notice the similarity to
the famous Obama promotional poster.
02/02/2011
E-Cigarettes
E-cigarettes are electronic nicotine delivery
devices. These devices do not contain any
tobacco. Users inhale a nicotine infused vapor.
Not much is known about the health impact of
these devices. A number of companies
manufacture e-cigarettes.
As of 2010, Minnesota law prohibits the sale of e-
cigarettes to minors.
E-cigarette user exhaling nicotine
vapor.
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
Meeting Date March 14, 2012
Agenda Item Policy G2
Attachment Draft Ordinance 12-02
Coal Based Publication
Submitted By Deborah Jones, Staff Liaison to the
Environment Commission
The City That Soars!
Item Coal Tar Sealant Ordinance
Description The Falcon Heights Environment Commission recommends adoption of an
ordinance regulating products for the sealing of driveways within the City of Falcon
Heights, in order to protect, restore, and preserve the quality of its water.
The United States Geological Service has recognized coal tar based pavement
sealants as a significant source of polycyclic aromatic hydrocarbon (PAH)
contamination in urban areas. According to the U.S. Environmental Protection
Agency (2009), PAHs are of environmental concern because several are toxic,
carcinogenic, mutagenic, and/or teratogenic (causing birth defects) to aquatic life,
and seven are probable human carcinogens. PAHs are introduced into the
environment when sealant is worn off paved surfaces by rain, friction from tires,
foot traffic – anything that causes wear to the surface.
Although coal-tar based sealants are no longer widely found in stores, they are still
available, often marketed door-to-door by driveway contractors, according to the
City of Roseville's staff report, May, 2011.
Asphalt-based sealants are derived from petroleum and are not known to pose the
risk of PAH contamination.
The draft presented here is based on a model ordinance from the League of
Minnesota Cities. Other local communities, including White Bear Lake, Maplewood
and Roseville, have adopted similar ordinances. This ordinance is consistent with
the objectives of the City of Falcon Heights Water Resource Management Plan.
Budget Impact None
Attachment(s)
Draft Ordinance 12-02 regulating products for the sealing of driveway.
"Coal-Tar-Based Pavement Sealcoat, Polycyclic Aromatic Hydrocarbons (PAHs),
and Environmental Health," a publication of the U.S. Geological Survey
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve Ordinance 12-02.
ORDINANCE NO. 12-02
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE FALCON HEIGHTS CITY CODE
REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS
THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS:
Section 1. Chapter 22 of the Falcon Heights City Code is amended by adding Article IV
to read:
Article IV - REGULATION OF COAL TAR-BASED SEALER PRODUCTS
22-55 PURPOSE. The City of Falcon Heights understands that lakes, rivers, streams
and other bodies of water are natural assets which enhance the environmental,
recreational, cultural and economic resources and contribute to the general health and
welfare of the community. The use of sealers on asphalt driveways is a common
practice. However, scientific studies on the use of driveway sealers have demonstrated
a relationship between stormwater runoff and certain health and environmental
concerns. The purpose of this code section is to regulate the use of sealer products
within the City of Falcon Heights, in order to protect, restore, and preserve the quality of
its waters.
22-56 DEFINITIONS. For the purpose of this code section, the following definitions
shall apply unless the context clearly indicates or requires a different meaning:
ASPHALT-BASED SEALER. A petroleum-based sealer material that is commonly used
on driveways, parking lots, and other surfaces and which does not contain coal tar.
COAL TAR. A byproduct of the process used to refine coal.
COAL TAR-BASED SEALER. A sealer material containing coal tar and is for use on
an asphalt or concrete surface, including a driveway or parking area.
MPCA. The Minnesota Pollution Control Agency.
161009v01
RNK:11/16/2011
1
PAHs. Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during
the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar
and believed harmful to humans, fish, and other aquatic life.
UNDILUTED COAL TAR-BASED SEALER. A sealer material containing coal tar that
has not been mixed with asphalt and which is commonly used on driveways, parking
lots and other surfaces.
22-57 USE OF COAL TAR-BASED SEALER PROHIBITED.
A. No person shall apply any coal tar-based sealer to any driveway, parking lot, or
other surface within the City.
B. No person shall contract with any commercial sealer product applicator, residential
or commercial developer, or any other person for the application of any coal tar-based
sealer to any driveway, parking lot, or other surface within the City.
C. No commercial sealer product applicator, residential or commercial developer, or
other similar individual or organization shall direct any employee, independent
contractor, volunteer, or other person to apply any coal tar-based sealer to any
driveway, parking lot, or other surface within the City. A person who owns property on
which a coal tar-based sealer is used is presumed to have used a coal tar-based sealer
in violation of this section.
22-58 ASPHALT-BASED SEALCOAT PRODUCTS. The provisions of this code
section shall only apply to use of coal tar-based sealer in the City and shall not affect
the use of asphalt-based sealer products within the City.
22-59 EXEMPTION. Upon the express written approval from both the City and the
MPCA, a person conducting bona fide research on the effects of undiluted coal tar-
based sealer products or PAHs on the environment shall be exempt from the
prohibitions provided in Section 3.
Section 2. This ordinance is effective immediately upon its passage and publication.
161009v01
RNK:11/16/2011
2
161009v01
RNK:11/16/2011
3
ADOPTED this ______ day of ____________, 2012, by the City Council of Falcon
Heights, Minnesota.
CITY OF FALCON HEIGHTS
BY: ______________________________
Peter Lindstrom, Mayor
ATTEST:
___________________________________
Bart Fischer, City Administrator/Clerk
U.S. Department of the Interior
U.S. Geological Survey
Fact Sheet 2011–3010
February 2011
Coal-Tar-Based Pavement Sealcoat, Polycyclic Aromatic
Hydrocarbons (PAHs), and Environmental Health
Printed on recycled paper
Key Findings
• Dust from pavement with coal-tar-based sealcoat has greatly elevated PAH concentrations compared to
dust from unsealed pavement.
• Coal-tar-based sealcoat is the largest source of PAH contamination to 40 urban lakes studied, accounting
for one-half of all PAH inputs.
• Coal-tar-based sealcoat use is the primary cause of upward trends in PAHs, since the 1960s, in urban lake
sediment.
• Residences adjacent to parking lots with coal-tar-based sealcoat have PAH concentrations in house dust
that are 25 times higher than those in house dust in residences adjacent to parking lots without coal-tar-
based sealcoat.
• PAHs move from a sealcoated surface into our environment by many mechanisms: storm runoff, adhesion
to tires, wind, foot traffic, and volatilization.
Studies by the U.S. Geological Survey (USGS) have identified coal-tar-based sealcoat—the black, viscous
liquid sprayed or painted on asphalt pavement such as parking lots—as a major source of polycyclic aromatic
hydrocarbon (PAH) contamination in urban areas for large parts of the Nation. Several PAHs are suspected
human carcinogens and are toxic to aquatic life.
Sealcoat is the black, viscous liquid sprayed or painted on the asphalt pavement of many parking lots, driveways, and playgrounds.
Asphalt
Tracking
Adhesion
Volatilization
Wind
Runoff
Sealant
Original graphic courtesy of Aaron Hicks, City of Austin, Texas.
How does Sealcoat get from Driveways
and Parking Lots into Streams and
Lakes, Homes, and the Air?
Friction from vehicle tires abrades pavement
sealcoat into small particles. These particles are
washed off pavement by rain and carried down storm
drains and into streams. Other sealcoat particles
adhere to vehicle tires and are transported to other
surfaces, blown offsite by wind, or tracked indoors
on the soles of shoes. Some of the PAHs in sealcoat
volatilize (evaporate), which is why sealed parking
lots and driveways frequently give off a “mothball”
smell. Sealcoat wear is visible in high traffic areas
within a few months after application, and sealcoat
manufacturers recommend reapplication every 2 to
4 years.
Gray asphalt pavement shows through where sealcoat has worn off the driveway of an apartment complex.
What are Sealcoat, PAHs, and Coal
Tar?
Pavement sealcoat (also called sealant) is a
black liquid that is sprayed or painted on some
asphalt pavement. It is marketed as protecting
and beautifying the underlying pavement, and is
used commercially and by homeowners across
the Nation. It is applied to parking lots associated
with commercial businesses, apartment and
condominium complexes, churches, schools, and
business parks, to residential driveways, and even
to some playgrounds. Most sealcoat products have
a coal-tar-pitch or asphalt (oil) base. Coal-tar-based
sealcoat is commonly used in the central, southern,
and eastern United States, and asphalt-based
sealcoat is commonly used in the western United
States.
PAHs are a group of chemical compounds that
form whenever anything with a carbon base is
burned, from wood and gasoline to cigarettes and
meat. PAHs also are in objects and materials, such
as automobile tires and coal tar, the production
of which involves the heating of carbon-based
materials. PAHs are of environmental concern
because several are toxic, carcinogenic, mutagenic,
and/or teratogenic (causing birth defects) to aquatic
life, and seven are probable human carcinogens
(U.S. Environmental Protection Agency, 2009).
Coal tar is a byproduct of the coking of coal for
the steel industry and coal-tar pitch is the residue
remaining after the distillation of coal tar. Coal-tar
pitch is 50 percent or more PAHs by weight and
is known to cause cancer in humans (International
Agency for Research on Cancer, 1980). Coal-
tar-based sealcoat products typically are 20 to 35
percent coal-tar pitch. Product analyses indicate
that coal-tar-based sealcoat products contain about
1,000 times more PAHs than sealcoat products with
an asphalt base (City of Austin, 2005).
Runoff from sealcoated pavement (black surface) enters storm
drains that lead to local streams. Drain grate (inset) is marked
“DUMP NO WASTE” and “DRAINS TO WATERWAYS.”
Does product type really matter? PAH concentra-
tions in the coal-tar-based sealcoat product are about
1,000 times higher than in the asphalt-based product
(more than 50,000 milligrams per kilogram [mg/kg]
in coal-tar-based products and 50 mg/kg in asphalt-
based products [City of Austin, 2005]). Anecdotal
reports, such as Web sites, blogs, and comments
by industry representatives, indicate that the coal-
tar-based product is used predominantly east of the
Continental Divide and the asphalt-based product is
used predominantly west of the Continental Divide.
During 2007–08, the USGS swept dust from seal-
coated and unsealcoated parking lots in nine cities
across the United States and analyzed the dust for
PAHs. For six cities in the central and eastern United
States, the median PAH concentration in dust from
sealcoated parking lots was 2,200 mg/kg, about 1,000
times higher than in dust from sealcoated parking
lots in the western United States, where the median
concentration was 2.1 mg/kg. Although both product
types are available nationally, these results confirm
the regional difference in use patterns (Van Metre and
others, 2009).
PAHs are increasing in urban lakes across the
United States. To better understand why this might
be happening, USGS scientists collected sedi-
ment cores from 40 lakes in cities from Anchorage,
Alaska, to Orlando, Florida, analyzed the cores for
PAHs, and determined the contribution of PAHs from
many different sources by using a chemical mass-
balance model. The model is based on differences in
the chemical “fingerprint” of PAHs from each source.
Coal-tar-based sealcoat accounted for one-half of all
PAHs in the lakes, on average, while vehicle-related
sources accounted for about one-fourth. Lakes with
a large contribution of PAHs from sealcoat tended
to have high PAH concentrations; in many cases, at
levels that can be harmful to aquatic life. Analysis
of historical trends in PAH sources to 8 of the 40
lakes indicates that sealcoat use is the primary cause
of increases in PAH concentrations since the 1960s.
Identifying where PAHs are coming from is essential
for developing environmental management strategies
(Van Metre and Mahler, 2010).
Concentrations of PAHs in dust swept from sealed parking lots in
central and eastern U.S. cities, where coal-tar-based-sealcoat
use dominates, were about 1,000 times higher than in western
U.S. cities, where asphalt-based-sealcoat use dominates.
Concentrations shown on the map are the sum of 12 PAHs, in
milligrams per kilogram (Van Metre and others, 2009).
The East-West Divide
Regional Product Use Translates to Large Differences in PAH Concentrations
“Fingerprinting” Shows that Coal-Tar Sealant is the Largest Source of PAHs to
Urban Lakes
5.2
<13
2.1
570
3,200
3,400
3,200
1,300
2,000
C
o
n
t
i
n
e
n
t
a
l
Divide
Seattle
Portland
Salt Lake City
Austin
Minneapolis
ChicagoDetroit
Washington, D.C.
New Haven
Coal-tar-based sealcoat (orange symbol) is the largest contributor
to increasing concentrations of PAHs in Lake Killarney, Orlando,
Florida, as determined by chemical fingerprinting. Similar patterns
were seen in lakes across the central and eastern United States
(Van Metre and Mahler, 2010).
0
20
40
60
80
100
19301950197019902010
Coal-tar-based sealcoat
Vehicle-related sources
Wood combustion
TOTAL PAH CONCENTRATION, INMILLIGRAMS PER KILOGRAM
DATE SEDIMENT DEPOSITED
Fuel oil combustion
Coal combustion
House dust is an important source for human
exposure to many contaminants, including PAHs.
This is particularly true for small children, who spend
time on the floor and put their hands and objects into
their mouths. In 2008, the USGS measured PAHs
in house dust from 23 ground-floor apartments and
in dust from the apartment parking lots. Apartments
with parking lots with coal-tar-based sealcoat had
PAH concentrations in house dust that were 25 times
higher, on average, than concentrations in house dust
from apartments with parking lots with other surface
types (concrete, unsealed asphalt, and asphalt-based
sealcoat). PAH concentrations in the dust from the
parking lots with coal-tar-based sealcoat were 530
times higher, on average, than concentrations on the
parking lots with other surface types.
There are no U.S. health-based guidelines for
chronic exposure to PAHs in house dust. The only
existing guideline is for a single PAH—benzo[a]-
pyrene—issued by the German Federal Environment
Agency Indoor Air Hygiene Commission (Hansen
and Volland, 1998). The guideline advises minimiz-
ing exposure to concentrations of benzo[a]pyrene
greater than 10 mg/kg in dust to avoid adverse health
effects. That guideline was exceeded for 4 of the
11 apartments with coal-tar-sealcoated parking lots
and for 1 of the 12 apartments with a parking lot with
a different surface type. Also of concern is expo-
sure to the sealcoated pavement surfaces themselves
through play activities. Dust on some of the seal-
coated parking lots had a concentration of benzo[a]-
pyrene that was more than 50 times higher than the
German guideline.
From Outside to Inside
Coal-Tar Pavement Sealant Linked to PAHs in House Dust
What about other sources of PAHs? Although
tobacco smoking, candle and incense burning, and
barbecue and fireplace use have been suggested to
affect PAH concentrations in house dust, this study
found no relation between any of these, or the many
other factors considered, and PAH concentrations in
the house dust. The presence or absence of coal-tar-
based sealcoat on the apartment complex parking lot
was strongly correlated with PAH concentrations in
house dust; the only other variable that was related to
PAH concentrations in house dust was urban land-use
intensity (the percentage of land near the apartment
dedicated to multifamily residential, commercial,
office, warehouse, or streets) (Mahler and others,
2010).
Photograph obtained from Jupiter Images.
Photograph courtesy of CLEARCorps, Durham, North Carolina.
Apartments with coal-tar-based sealcoat on the parking lot had
much higher concentrations of PAHs, both in indoor dust and
in parking lot dust, than apartments with an unsealed asphalt
or concrete parking lot or with a parking lot with asphalt-based
sealcoat. Concentrations shown are for the sum of the 16 U.S.
Environmental Protection Agency priority pollutant PAHs (Mahler
and others, 2010), in milligrams per kilogram (mg/kg).
9.0 mg/kg
No coal-tar sealcoat
5.1 mg/kg
Coal-tar sealcoat
129 mg/kg
4,760 mg/kg
Our Environment and Us
What are the Concerns?
Some PAHs are toxic to mammals (including
humans), birds, fish, amphibians (such as frogs
and salamanders), and plants. The aquatic inverte-
brates—insects and other small creatures that live in
streams and lakes—are particularly susceptible to
PAH contamination, especially those that live in the
mud where PAHs tend to accumulate. These inver-
tebrates are an important part of the food chain and
are often monitored as indicators of stream quality
(analogous to the “canary in the coal mine” con-
cept). Possible adverse effects of PAHs on aquatic
invertebrates include inhibited reproduction, delayed
emergence, sediment avoidance, and mortality. Pos-
sible adverse effects on fish include fin erosion, liver
abnormalities, cataracts, and immune system impair-
ments. The Probable Effect Concentration (PEC) of
22.8 mg/kg of total PAHs (MacDonald and others,
2000)—a widely used sediment quality guideline
that is the concentration in bed sediment expected to
have harmful effects on bottom-dwelling biota—is
exceeded in one-third of the central and eastern U.S.
urban lakes where PAH sources were studied.
Tumors in brown bullhead catfish from the Anacostia River,
Washington, D.C., are believed to be related to elevated PAH
concentrations (Pinkney and others, 2009). Photograph by A.E.
Pinkney.
When turned over, red
spotted newts that had
been exposed to sediment
contaminated with
coal-tar-based sealcoat
had difficulty righting
themselves (Bommarito
and others, 2010b). Poor
reflexes could result
in decreased survival.
Photograph by Megan
Gibbons, Birmingham-
Southern College.
Skin contact is one way humans can be exposed to PAHs.
Parking lots and driveways with coal-tar-based sealcoat have
concentrations of PAHs hundreds to thousands of times higher
than those with asphalt-based sealcoat or no sealcoat. Photograph
obtained from Corbis Images, Inc.
Human health risk from environmental con-
taminants usually is evaluated in terms of exposure
pathways. For example, people could potentially
be exposed to PAHs in sealcoat through ingestion
of abraded particles from driveways, parking lots,
or play grounds, or through skin contact with the
abraded particles, either directly or by touching toys
or other objects that have been in contact with the
pavement. Inhalation of wind-blown particles and
of fumes that volatilize from sealed parking lots are
other possible pathways. PAHs in streams and lakes
rarely pose a human health risk from contact recre-
ation or drinking water because of their tendency to
attach to sediment rather than to dissolve in water.
Scientific studies have shown a relation between
coal-tar-based pavement sealcoat and harmful effects
on aquatic life.
• Aquatic communities downstream from storm-
water runoff from sealcoated parking lots were
impaired (Scoggins and others, 2007).
• Salamanders and newts exposed to sediment
contaminated with coal-tar-based sealcoat
had stunted growth, difficulty swimming or
righting themselves, and liver problems
(Bommarito and others, 2010a, b).
• Frogs exposed to sediment contaminated
with coal-tar-based sealcoat died, had stunted
growth, or developed more slowly than usual
(Bryer and others, 2006).
FAQ
Q) What is coal tar?
A) Coal tar is a thick, black or brown liquid that is a
byproduct of the carbonization of coal for the steel
industry or the gasification of coal to make coal gas.
Q) What is the difference between crude coal tar,
coal-tar pitch, and “refined” coal tar?
A) Coal-tar pitch is the residue that remains after
various light oils are distilled from crude coal tar for
commercial use. The coal-tar pitch is then separated
(refined) into 12 different viscosities, RT–1 (the most
fluid) through RT–12 (the most viscous). RT–12
is the viscosity used in coal-tar-based pavement
sealcoat.
Q) How can I tell if a product contains coal tar?
A) To determine if the product has a coal-tar base,
look for the Chemical Abstracts Service (CAS)
number 65996–93–2 on the product Material Safety
Data Sheet (MSDS). The words “coal tar,” “refined
coal tar,” “refined tar,” “refined coal-tar pitch,” or
other similar terms may be listed on the MSDS or on
the product container.
Q) Is sealcoat used on roads?
A) Use on roads is extremely rare. Occasionally a
private property, such as a housing development, will
choose to have the roads sealcoated.
Q) Is use of coal-tar-based sealant regulated?
A) Several jurisdictions, including the City of Austin,
Texas, the City of Washington, D.C., Dane County,
Wisconsin, and several suburbs of Minneapolis,
Minnesota, have banned use of coal-tar-based
sealcoat. Similar bans are under consideration in
other jurisdictions.
References
Bommarito, T., Sparling, D.W., and Halbrook, R.S., 2010a,
Toxicity of coal-tar pavement sealants and ultraviolet radia-
tion to Ambystoma Maculatum: Ecotoxicology, v. 19, no. 6,
p. 1,147–1,156.
Bommarito, T., Sparling, D.W., and Halbrook, R.S., 2010b,
Toxicity of coal-tar and asphalt sealants to eastern newts,
Notophthalmus viridescens: Chemosphere, v. 81, no. 2,
p. 187–193.
Bryer, P.J., Elliott, J.N., and Willingham, E.J., 2006, The effects
of coal tar based pavement sealer on amphibian development
and metamorphosis: Ecotoxicology, v. 15, no. 3, p. 241–247.
City of Austin, 2005, PAHs in Austin, Texas, sediments and
coal-tar based pavement sealants: Watershed Protection
Department, 55 p., accessed September 14, 2010, at
http://www.ci.austin.tx.us/watershed/downloads/coaltar_
draft_pah_study.pdf.
Hansen, D., and Volland, G., 1998, Study about the contamina-
tion of PAH in rooms with tar parquetry adhesive: Otto-Graf-
Journal, v. 9, p. 48–60.
International Agency for Research on Cancer, 1980, Coal tars
and coal tar pitches: accessed September 14, 2010, at http://
ntp.niehs.nih.gov/ntp/roc/eleventh/profiles/s048coal.pdf.
MacDonald, D.D., Ingersoll, C.G., and Berger, T.A., 2000,
Development and evaluation of consensus-based sediment
quality guidelines for freshwater ecosystems: Archives
of Environmental Contamination and Toxicology, v. 39,
p. 20–31.
Mahler, B.J., Van Metre, P.C., Wilson, J.T., Musgrove, M.,
Burbank, T.L., Ennis, T.E., and Bashara, T.J., 2010, Coal-tar-
based parking lot sealcoat—An unrecognized source of PAH
to settled house dust: Environmental Science and Technology,
v. 44, p. 894–900.
Pinkney, A.E., Harshbarger, J.C., and Rutter, M.A., 2009,
Tumors in brown bullheads in the Chesapeake Bay water-
shed—Analysis of survey data from 1992 through 2006:
Journal of Aquatic Animal Health, v. 21, p. 71–81.
Scoggins, M., McClintock, N., Gosselink, L., and Bryer, P.,
2007, Occurrence of polycyclic aromatic hydrocarbons below
coal-tar-sealed parking lots and effects on stream benthic
macroinvertebrate communities: Journal of the North Ameri-
can Benthological Society, v. 26, no. 4, p. 694–707.
U.S. Environmental Protection Agency, 2009, Integrated Risk
Information System (IRIS): accessed September 14, 2010, at
http://cfpub.epa.gov/ncea/iris/index.cfm.
Van Metre, P.C., and Mahler, B.J., 2010, Contribution of PAHs
from coal-tar pavement sealcoat and other sources to 40 U.S.
lakes: Science of the Total Environment, v. 409, p. 334–344.
Van Metre, P.C., Mahler, B.J., and Wilson, J.T., 2009, PAHs
underfoot—Contaminated dust from coal-tar sealcoated
pavement is widespread in the United States: Environmental
Science and Technology, v. 43, no. 1, p. 20–25.
Any use of trade, product, or firm names is for descriptive purposes
only and does not imply endorsement by the U.S. Government.
—B.J. Mahler and P.C. Van Metre
For more information on USGS research on PAHs and
coal-tar-based sealcoat go to http://tx.usgs.gov/coring/
allthingssealcoat.html.
Publishing support provided by
Lafayette Publishing Service Center