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HomeMy WebLinkAboutCCAgen_28 March12CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA March 28, 2012 A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ FISCHER ____ C. PRESENTATIONS: 1. Neal Kwong Youth Citizenship Award Presentation 2. CERT Graduation 3. Metropolitan Council/Met Transit Presentation on Snelling Bus Rapid Transit – Charles Carlson D. APPROVAL OF MINUTES: March 14, 2012 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 3/19/2012: $54,704.16 Payroll through 3/15/2012: $13,797.64 2. City License Renewal 3. Gibbs Farm Sidewalk Agreement 4. Beyond the Yellow Ribbon G: POLICY ITEMS: 1. Coal Tar Sealant Ordinance H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: The 2012 Neal Kwong Youth Citizenship Award Recipients  Seth Reasoner  Katherine Allen CERT Graduation Recipient List  Sandra Young  Jon Stamnes  John B. Sagstetter  Jonathan Machler  Yelena Kurdyumov  Lisa Koland  Duane Pulford  Marjan Jahani  Veronica Hill  Steve Goers  Jim Bownik  Rick Ailts CITY 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 _X_ HARRIS _X_ GOSLINE _X_ LONG _ab_ MERCER-TAYLOR _ab_ FISCHER _X_ C. PRESENTATIONS: 1. St. Anthony Police Department Annual Report Presented by Chief John Ohl and Captain Dominic Controneo D. APPROVAL OF MINUTES: February 8, 2012 Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: Keith Gosline Moved Approval 3-0 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 Pam Harris Moved Approved 3-0 2. Coal Tar Sealant Ordinance Tabled H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 8:17pm REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 3/19/2012: $54,704.16 Payroll through 3/15/2012: $13,797.64 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date March 28, 2012 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ 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. Hermes Floral 2. Warner’s Stellian The following individuals have applied for a Mechanical License for 2012. Staff has received the necessary documents for licensure. 1. Drain Pro Plumbing 2. Kline Corp. 3. Champion Plumbing The following individuals have applied for a Tree Trimming License for 2012. Staff has received the necessary documents for licensure. 1. Midwest Tree Experts Budget Impact Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2012 City License Applications Meeting Date March 28, 2012 Agenda Item Consent F2 Attachment Submitted By Jessica Anderson, Office Assistant REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Approve Sidewalk Agreement with Ramsey County Historical Society Description As part of the Northeast Suburban Campus Connector Project- Phase 2, we are constructing sidewalk on the north side of Larpenteur Avenue between Coffman Street and Cleveland Avenue. The sidewalk is in the right of way in front of the Gibbs Farm Museum, a site on the Historic Register. The project is funded through Federal Transportation dollars and is required to have a finding of “no negative impact” on this historic site. We have been working with the State Historic Preservation Office to negotiate an agreement with the Ramsey County Historical Society (RCHS) to achieve this finding. We also need a temporary easement from them to construct the improvements. The attached document details the major points that we have agreed upon. The City Attorney has reviewed the document. The RCHS executive committee approved the agreement at their meeting March 20, 2012. Staff is in the final approval phase of the project and construction is scheduled for this summer. Budget Impact The project is funded by Federal transportation funds. The agreement includes a commitment to pay for RCHS attorney fees, up to $3,000, as well as to install landscaping along the north side of the sidewalk, estimated to cost $12,000. These items will be covered by the Federal grant. Attachment(s) Agreement Action(s) Requested Staff recommends that the council make a motion to approve Sidewalk Agreement with Ramsey County Historical Society and authorize the Mayor and City Administrator to enter into the agreement. Meeting Date March 28, 2012 Agenda Item Consent F3 Attachment Agreement Submitted By Debra Bloom, City Engineer 1180507.1 1 AGREEMENT FOR SIDEWALK CONSTRUCTION THIS AGREEMENT is made on the ______ day of ______________, 2012 between the City of Falcon Heights (“City”) and the Ramsey County Historical Society (“RCHS”). RECITALS A. RCHS owns property located at 2097 and 2129 Larpenteur Avenue (“Property”). The property at 2097 Larpenteur Avenue is on the Minnesota Historic Register. B. The City desires to construct a sidewalk in the Larpenteur Avenue right-of-way adjacent to the Property as a part of the federally funded project known as SW-12-03 Northeast Suburban Campus Connector - Phase 2, S.P. No. 160-091-003 NMTP 6209(117) (“Project”). C. The City and RCHS have come to an agreement on how to minimize the impacts of the Project on the Property and desire to memorialize the conditions precedent to completing the Project. NOW THEREFORE, in consideration of their mutual covenants, the parties agree as follows: 1. Sidewalk Construction: The City agrees as follows: a. Plans. The City will construct the sidewalk in accordance with the attached Exhibit A Option 4. b. Sidewalk width. The sidewalk will be constructed at a 6 foot width in front of the Property. It will be constructed directly behind the existing curb with no grass boulevard. c. Sidewalk color. The sidewalk will be standard concrete colored with a clear sealant to minimize the appearance of the new walk in front of the Property. d. Tree removal. The City will remove the trees shown on the attached Exhibit A including removal of all stumps. e. Fence. The City will remove the existing split rail fence in front of 2097 Larpenteur Avenue. The City will install a new two rail split rail cedar fence as a part of the Project. The new two rail cedar fence will be installed in the same location as the current fence and will be of the same width and height of the existing fence. f. Retaining wall. There will be no retaining wall in front of the 2097 property. There will be a retaining wall in front of 2129 Larpenteur Avenue as set forth in Exhibit A. The retaining wall will be constructed of field stone boulders and will have a maximum height of 2.5 feet. g. Planting plan. The City will work with RCHS on a planting plan for the land from the sidewalk to 15 feet north of the sidewalk. This plan will consist of native plant species. The layout and species list will be coordinated with RCHS prior to installation. A preliminary planting plan is attached as Exhibit B. Any 1180507.1 2 revisions to the preliminary planting plan are subject to the review and approval of RCHS. The landscaping will be bid as a part of the Project. The City shall complete the landscaping no later than June 15, 2013. Notwithstanding the foregoing, the City shall endeavor to complete the landscaping by November 1, 2012. 2. Easement. RCHS will grant the City a temporary easement to perform the work on its property, which temporary easement shall terminate on November 13, 2013. The easement is attached hereto as Exhibit C. The City shall repair any damage to RCHS’ property arising out of the use of the easement area by the City, its agents or contractors. 3. Cost. The construction of the Project, as detailed above, and the City’s maintenance, repair and replacement obligations set forth herein will be paid for entirely by the City at no cost to RCHS. 4. Ownership and Maintenance. The ownership of the constructed Project infrastructure will be as follows: a. Sidewalk. The concrete sidewalk will be owned, maintained and repaired by the City. Maintenance includes, but is not limited to, snow removal, removal of debris, and replacement of damaged panels. b. Retaining wall. The boulder retaining wall will be owned, maintained, repaired and replaced by the City. Maintenance includes, but is not limited to periodic weeding and repair. c. Landscaping. Any landscaping installed as a part of the Project will be maintained by RCHS once the Project warranty period is over. For the purposes of this paragraph, the project warranty period shall be until November 1, 2013. d. Fence. The split rail fence will be owned and maintained by RCHS. Maintenance includes staining, removal and replacement of damaged sections. 5. Closure of Sidewalk. The City agrees to post signs closing the sidewalk for twenty-four (24) hours at such times as RCHS sprays the apple blossoms on the trees on the Property each year. RCHS will provide at least twenty-four (24) hours notice prior to any necessary sidewalk closure. 6. Attorneys’ Fees. The City agrees to pay up to Three Thousand Dollars ($3,000) of any attorneys’ fees incurred by RCHS in connection with the preparation and negotiation of this Agreement. 7. Authority. The Mayor and City Administrator of the City of Falcon Heights represent and warrant that the Falcon Heights City Council has approved this Agreement and the City’s obligations under this Agreement and that the Mayor and City Administrator are authorized to sign this Agreement on behalf of the City. The Mayor and City Administrator further represent and warrant that upon execution by the City and RCHS this Agreement shall be a binding obligation of the City enforceable in accordance with its terms. 1180507.1 3 8. Indemnification. Subject to the limitations, immunities and defenses in Minnesota Statute Chapter 466, the City shall indemnify and hold RCHS harmless from any and all losses and liabilities, and all damages, expenses, costs, and fees, including reasonable attorneys’ fees, arising out of or related to this Agreement or the City’s use of the easement area. CITY OF FALCON HEIGHTS Dated: ________________, 2012. Mayor City Administrator RAMSEY COUNTY HISTORICAL SOCIETY Dated: ________________, 2012. Its Its CITY OF FALCON HEIGHTS 7.51530 GIBBS FARM GIBBS FARM LARPENTEUR AVENUE GIBBS FARM EASEMENT AQUISITION OPTION 4 CLEVELAND AVENUE 6' WIDE ATTACHED CONCRETE SIDEWALK 2' WIDE BOULDER RETAINING WALL SLOPE LIMITS 3' WIDE 2' WIDE LARPENTEUR AVENUE GIBBS FARM 3' WIDE SLOPE LIMITS TEMPORARY EASEMENT (1866 SF) REMOVE TREE OR SHRUB 6' WIDE ATTACHED CONCRETE SIDEWALK EXISTING CROSSWALK/ NO PARKING SIGN EXISTING POWER POLE EXISTING GIBBS FARM SIGN EXISTING COUNTY ROAD 30/ NO PARKING SIGN EXISTING SPEED LIMIT/ NO PARKING SIGN EXISTING METAL POLE 4' WIDE 8' WIDE 5' WIDE REMOVE EXISTING WOOD RAIL FENCE INSTALL NEW WOOD RAIL FENCE REMOVE EXISTING WOOD RAIL FENCE INSTALL NEW WOOD RAIL FENCE CITY OF FALCON HEIGHTS 7.51530 GIBBS FARM LARPENTEUR AVENUE GIBBS FARM PLANTING PLAN CLEVELAND AVENUE 6' WIDE ATTACHED CONCRETE SIDEWALKBOULDER RETAINING WALL 15' WIDE LARPENTEUR AVENUE 6' WIDE ATTACHED CONCRETE SIDEWALK REMOVE EXISTING WOOD RAIL FENCE INSTALL NEW WOOD RAIL FENCE REMOVE EXISTING WOOD RAIL FENCE INSTALL NEW WOOD RAIL FENCE PROPOSED TREE (T)PROPOSED SHRUB (M) 15' WIDE PROPOSED TREE (M)PROPOSED SHRUB (S) EXISTING SIGN EXISTING SIGN NATIVE SEEDING AND PLUGS GIBBS FARM Trees and Shrubs: Tree SpeciesSizeHgtQty Alleghany serviceberry Amelanchier laevis15 galT3 Hackberry Celtis occidentalis15 galT3 Iron woodostrya virginiana15 galT3 Pagoda dogwood cornus alternifolia 10 gal T 2 Quaking aspen populus tremulioides10 galT5 American plum prunus americana5 galM7 Total23 ShurbSpeciesSizeHgtQty Downy arrow-wood viburnum rafinesquianum5 galM5 Highbush cranberry viburnum trilobum2 to 3 galM4 Black chokeberry aronia melancarpa2 to 3 galM6 Gray dogwood cornus racemosa2 to 3 galM8 Slaghom sumac rhus typhine2 to 3 galM4 Bush honeysucklediervilla lonicera1 galS3 Prairie roseroasa arkansana1 galS8 Meadow roserosa blanda1 galS8 Total46 5. Height ranges are given for reference, and they refer to the maximum mature height of each species. Tall (T) > 12 ft, Medium (M) < 12ft and > 4 ft, and Short (S) <4 ft. I. Container grown trees and shrubs will be planted in designated areas of the project. 2. The trees and shrubs will be mulched individually with shredded bark mulch and watered at the time of planting. 3. Recommended sizes are given for each species. Some adjustments in the sizing may be recommended at the time of planting based on current availability. 4. Recommended quantities are given for each species. Some substitutions from within this plant list may be recommended at the time of planting based on current availability. Seed and Seeding: 2. Once the soil has been prepared, the grass seed will be hand broadcast throughout the project area. 3. A raking will follow to incorporate the seed into the soil. 4. The seed mixes shall consist of the following species and amounts: Grasses Species Lbs/ project area Kalm's bromebromus kalmii0.5 Side oats grama bouteloua curtipendula0.5 Blue gramabouteloua gracilis0.25 Bottlebrush grasselymus hystrix0.15 Silky wild rye elymus villosus0.15 Little bluestemschizachyrium scoparium0.5 2.05 White prairie clover petalostemum candidum0.25 Purple prairie cloverpetalostemum purpureum0.75 Black-eyed Susanrudbeckia hirta0.5 Hoary vervainverbena stricta0.25 Golden alexanderzizia aurea0.25 Total 2 I. Seeding dates shall be in the spring or summer before August lOth or in the fall between September 20th and freeze-up. Plants and Planting: 3. Plant spacing will be approximately 24" on center. 4. A combination of 300 4" pots and 600 plugs will be planted. Full/Part Sun WildflowersSpecies Prairie onion Allium stellatum ThimhJewcedanemone cylindrica Pussy toesantennaria neglecta Butterfly weed asclepias tuberosa Azure asteraster oolentagiensis Northern bedstrawgalium boreale Wild geraniumgeranium maculatum Prairie smoke geum triflorum Alum-root heuchera richardsonii Rough blazing star liatris aspera Showy pensternon penstemon grandifloris Purple prairie cloverpetalostemum purpureum Prairie phloxphlox pilosa Prairie roserosa arkansana Black-eyed Susanrudbeckia hirta Prairie violet viola pedatifida Heart-leaved Alexander zizia aptera Full/Part Sun Grasses and Sedges Big bluestem andropogon gerardii Side oats grama bouteloua curtipendula June grasskoeleria macrantha Little bluestem schizachyrium scoparium Prairie dropseedsporobolus heterolepis Shade Wildflowers Columbine aquilegia canadensis American sp ikenardaralia racemosa Jack-in-the-pulpit arisaema triphyllum Wild gingerAsa rtum canadense Spring beauty claytonia virginica Wi ld geraniumgeranium maculatum False lily of the valleymaianthemum canadense Woodland phlox phlox divaricata Solomon's seals polygonatum biflorum Wood blue-eyed grass sisyrinchium montanum Star flowered solomon 's seal smilacina stellata False solomon's sealsmilacina racemosa Early meadow rue thalictrum dioicum Yellow violet viola puescens Shade Grasses and Sedges Pennsylvania sedgecarex pensylvanica Wood sedgecarex rosea Sprengcl's sedge carex sprengelii Bottlebrush grass elymus hystrix 1. Plants will be installed in single species clusters of 3-9 plants. At least 12 species from the following lists should be used. 2. 60% of the overall quantity of plants will be grasses or sedges, and 40% will be wildflowers. Page 1 of 3 1179199.1 GRANT OF TEMPORARY CONSTRUCTION EASEMENT ____________________________, a _______________ Corporation, “Grantors”, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF FALCON HEIGHTS, a body corporate and politic under the laws of Minnesota, the Grantee, hereinafter referred to as the “City”, its successors and assigns, a temporary construction easement over, across, on, under, and through the land situated in the CITY OF FALCON HEIGHTS, State of Minnesota, as legally described on the attached Exhibit A. TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and assigns, commencing on June 15, 2012 and expiring November 13, 2013 together with the right of ingress to and egress from the temporary easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining a sidewalk, retaining wall and landscaping, at the will of the City, its successors and assigns. Grantors hereby grant the uses herein specified, without divesting themselves of the right to use and enjoy the above described temporary easement premises, subject only to the right of the City to use the same for the purposes herein expressed. The City, its agents and assigns, will restore the described property to the condition that existed prior to construction. The above named Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easements to the City; Page 2 of 3 1179199.1 that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. The City agrees that it will not record this document in the real estate records of Ramsey County without the prior written consent of Grantors. IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this ____ day of _______________, 2012 GRANTOR: By:________________________________ By:________________________________ Its:________________________________ Its:________________________________ STATE OF _____________ ) ) ss. CITY OF ____________ ) This instrument was acknowledged before me on ____ day of ___________, 2012by and , the __________________________ and _________________________ of ______________________, a _____________ Corporation, on behalf of the corporation. ___________________________________ NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: City of Falcon Heights 2770 Larpenteur Avenue Falcon Heights, Mn 55113 651-792-7042 Page 3 of 3 1179199.1 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT The south 15 feet of the following described property: Parcel A The West 140 feet of the East 606.69 feet of the South 350.56 feet of the Southeast Quarter of Section 17, Township 29, Range 23, and the West 104 feet of the East 710.69 feet of the South 266 feet and the North 5 feet of the South 355.56 feet of the West 140 feet of the East 606.69 feet of the Southeast Quarter of Section 17, Township 29, Range 23; Except land taken for road as shown in Final Certificate filed September 14, 1978, as document No. 2016519 Parcel B All that part of the Southeast Quarter of the Southeast Quarter of Section 17, Township 29 N, Range 23 W, lying within and bounded by the following described lines, to-wit: On the East by the East line of said Section 17; on the South by the South line of said Section 17; on the West by a line drawn parallel to and distant 466.69 feet West of the East line of said Section 17; and on the North by a line drawn parallel to and distant 561.5 feet South of the North line of the Southeast Quarter of the Southeast Quarter of said Section 17. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Beyond the Yellow Ribbon Description Recently, a number of the suburban communities in Ramsey County have passed resolutions of support for the efforts of a County-wide group that is taking the steps and making the effort to become a Beyond the Yellow Ribbon Community. The Beyond the Yellow Ribbon program has been formed to assist local military family members and military residents with a community network of support including access to information and services to assist them during the deployment cycle. The suburban Ramsey County Beyond the Yellow Ribbon group has asked that Falcon Heights also pass a resolution of support. Budget Impact None Attachment(s) Resolution 12-05 Action(s) Requested Staff recommends that the Falcon Heights City Council approve the attached Resolution Supporting the Efforts of the suburban Ramsey County-wide group in Becoming a Beyond the Yellow Ribbon Community Resolution 12-05. Meeting Date March 28, 2012 Agenda Item Consent F4 Attachment Resolution 12-05 Submitted By Bart Fischer, City Administrator CITY OF FALCON HEIGHTS COUNCIL RESOLUTION March 28, 2012 No. 12-05 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION SUPPORTING THE EFFORTS OF BECOMING A BEYOND THE YELLOW RIBBON COMMUNITY CITY OF FALCON HEIGHTS WHEREAS, Many families support their military service members who are serving in the United States and overseas to protect the values and freedom enjoyed by the citizens of the United States of America, and; WHEREAS, a Beyond the Yellow Ribbon Community Group has been formed in an effort to assist connecting local military family members with a community network of support that is understood and trusted by military families, where military residents and their families are recognized and can access information and services to assist them during the deployment cycle and is sustainable for future military families as deployment becomes necessary, and; WHEREAS, this Beyond the Yellow Ribbon Community Group will build on the existing strength of our community and organizations by continuing to support awareness and addressing the needs of spouses and children throughout the deployment, deployment-reintegration process and through extended periods after homecoming in ways to lessen their burden while a family member is deployed or is impacted by their service to community and country, and; WHEREAS, We believe the effects of deployment do not end when the soldier returns home and the family is reunited; this process takes months for some families and years for others; We believe the ultimate vision of the community is to offer support to military families and honor them in our midst, and; WHEREAS, the City Council of the City of Falcon Heights and the Beyond the Yellow Ribbon Community Group encourage key groups of the community service members and their families to be proactive and work in harmony to develop a program which empowers community synchronization of effort and build an enduring and sustainable network of support. NOW THEREFORE BE IT RESOLVED, on behalf of our residents, the City Council of Falcon Heights is proud to recognize, appreciate and say Thank You to our military members and their families for their service sacrifices and in all they do. AND, BE IT FURTHER RESOLVED, that the residents and the City Council of the City of Falcon Heights do fully support the efforts of the Beyond the Yellow Ribbon Community Group to support our military members and their families while defending the democratic values of the United States of America. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom, Mayor March 28, 2012 LINDSTROM ____ In Favor Attested by: ________________________ GOSLINE Bart Fischer HARRIS ____ Against City Administrator LONG March 28, 2012 MERCER-TAYLOR REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Coal Tar Sealant Ordinance-Tabled from 3/14/12 City Council Meeting 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. At the 3/14/12 City Council Meeting, Council elected to table this Ordinance in an effort to gain a better understanding of the economic effects this Ordinance change might have on the residents of Falcon Heights. Staff research indicated a number of variables between the costs associated with coal tar and asphalt based sealants depending on the quality of the sealant, the size of the driveway, etc. It is staff’s opinion that the price difference between the two sealants is not significant. In addition, one of the largest commercial driveway sealers in the nation, Eagan based Jet Black, has announced they will no longer be carrying coal tar based sealants. 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 Meeting Date March 28, 2012 Agenda Item Policy G1 Attachment Draft Ordinance 12-02 Coal Based Publication Submitted By Deborah Jones, Staff Liaison to the Environment Commission & Bart Fischer, City Administrator 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. 161009v01 RNK:11/16/2011 1 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 2 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 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