HomeMy WebLinkAboutCCMin_05Feb23
CITY OF FALCON HEIGHTS
MINUTES
February 23, 2005
Mayor Gehrz convened the regular City Council meeting at 7:00 PM.
PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb
and Peter Lindstrom
Also present: City Administrator Heather Worthington and Public Works
Director Greg Hoag
Absent with prior notice: Council member Richard Talbot
COMMUNITY FORUM: There was no commentary from the audience.
PRESENTATIONS: None Scheduled
APPROVAL OF MINUTES: The minutes dated February 9, 2005 were unanimously approved as submitted.
PUBLIC HEARINGS:
Review the provisions of the City’s Small Municipal Separate Sewer Systems (MS4) Permit
and 2004 Annual Report – PowerPoint Presentation by Administrator Worthington
Mayor Gehrz explained, for the benefit of the viewing audience, the protocol followed for
public hearings.
Administrator Worthington gave a PowerPoint presentation about the provisions of the MS4 Permit and the 2004 Annual Report, and it is outlined below.
Overview
Federal Clean Water Act – Amended in 1987 to require implementation of a two-phase comprehensive national program to address storm water runoff
Phase I – Regulated large construction sites, 10 categories of industrial facilities, and major metropolitan MS4s such as Minneapolis and Saint Paul
Phase II – Program was broadened to include smaller construction sites, municipally owned or operated industrial activity, and many more municipalities
The process is overseen by the EPA, and the MPCA
Regulated parties must develop storm water pollution prevention plans
Municipal permits are granted under the Municipal Separate Storm Sewer System or MS4 program
The permit holder is required to submit a Storm Water Pollution Prevention Program (SWPPP) that incorporates best management practices (BMPs) applicable to their MS4
FALCON HEIGHTS CITY COUNCIL MINUTES -2-
February 23, 2005
Review the provisions of the City’s Small Municipal Separate Sewer Systems (MS4) Permit
and 2004 Annual Report – PowerPoint Presentation by Administrator Worthington (continued)
MSR-What is it?
A conveyance or system of conveyances (roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains)
Owned or operated by a state, city, town, borough, county, parish, etc.
Designed or used for collecting or conveying storm water
Which is not a combined sewer; and
Which is not part of a publicly owned treatment works
Mandatory MSRs
MS4s in urbanized areas, as defined by the 2000 Census, are required to obtain an NPDES/SDS storm water permit
Falcon Heights is considered an urbanized MS4 area
The University of Minnesota and the State Fair are considered “non-traditional MS4s”, and are permitted separately
MS4 Permit Requirements
Under the storm water program, MS4s are required to develop and implement a Storm Water Prevention Program (SWPPP). The SWPPP must cover six minimum Control Measures:
Public education and outreach
Public participation/involvement
Illicit discharge, detection and elimination
Construction site runoff control
Post-construction site runoff control
Pollution prevent/good housekeeping
Program Status
The MPCA issued the MS4 General Permits in June, 2002
In July, 2002, the Minnesota Center for Environmental Advocacy filed an appeal of the MPCA’s general permit for MS4s
On May 6, 2003, the Minnesota Court of Appeals issued its decision in the case:
Changes to the Permit
The Court ruled that the use of general permits and best management practices was appropriate, and that the monitoring required in the permit was adequate
The Court called for the opportunity for public comment and public hearing on each permittee’s proposed storm water pollution prevention program
The MPCA is currently revising the MS4 permit requirements, and has instructed MS4s to continue operating under the terms of the current permit
Falcon Heights MS4 Permit
Permit was first applied for in 2003
BMP include:
Public Education and Outreach
Storm water information on City’s web page
Report to City Council
Storm water flyers and utility bill inserts
FALCON HEIGHTS CITY COUNCIL MINUTES -3-
February 23, 2005
Review the provisions of the City’s Small Municipal Separate Sewer Systems (MS4) Permit
and 2004 Annual Report – PowerPoint Presentation by Administrator Worthington (continued)
Annual Public Meeting
Fleet and Building maintenance training program
Community sponsored rain barrel program
Public Involvement and Participation
Follow applicable public notice requirements
Community tip line and e-mail link
2004-08 Education Activity Implementation Program
Illicit Discharge, Detection and Elimination
Program to prevent sanitary sewer system overflow
Park and open space training program
Storm water system maintenance training program
Construction Site Runoff Control
Storm water management ordinance
Storm water infiltration awareness
Construction storm water management plan performance bond
Construction site plan review by City and Watershed District
Post-construction Runoff Control
Storm water infiltration
Construction storm water management plan performance bond
Pollution Prevention and Good Housekeeping
Park and open space training program
Fleet and building maintenance training program
Vehicle maintenance program
Record keeping system
Parking lot and street cleaning
Storm drain system cleaning
De-icing material handling
Progress to Date
Distributed newsletters and flyers to residents regarding storm water runoff, and water quality
Developed a storm sewer map, and completed a storm sewer inventory of the City of Falcon Heights
Implemented the construction site runoff control measures in the City’s Storm Water Management Ordinance
Enforced the construction site runoff measures on the SE Corner, and worked with Kraus Anderson to ensure that runoff from that site was handled appropriately
Applied for and obtained a NPDES permit for the Curtiss Field project, which addressed runoff measures for that work
Inspected 100% of outfalls, and structural pollution control devices, in City right-of-way
Implemented de-icing material controls
Implemented storm drain system cleaning
Reconstructed the Hamline/Hoyt catch basin
Reconstructed the Curtiss Field Pond
Held a meeting with the Capitol Region Watershed District to discuss water quality issues
Partnered with the cities of Roseville and Saint Paul to address cross-community storm water flow issues
Implemented vehicle maintenance program
Implemented fleet and building maintenance training program
FALCON HEIGHTS CITY COUNCIL MINUTES -4-
February 23, 2005
Review the provisions of the City’s Small Municipal Separate Sewer Systems (MS4) Permit
and 2004 Annual Report – PowerPoint Presentation by Administrator Worthington (continued)
2005-2006 Goals
Incorporate a utility billing insert into the 2005 water bills regarding water quality and pollution issues
Implement the community tip-line using the city’s new IP Telephony system
Implement the community sponsored rain barrel program to divert storm water for alternate uses
Implement construction storm water management plan performance bond
Meet with local school officials to discuss ways for students to participate in educational goals
Continue educational flyers and newsletter articles regarding water quality and pollution control measures
Administrator Worthington reminded the viewing audience that if they have any questions about this subject they can visit the City website at ci.falcon-heights.mn.us, or call City Hall
at
651-792-7600.
Mayor Gehrz asked the City Council if they had any comments or questions before she opened the Public Hearing for commentary from the audience.
Council member Kuettel asked if residents or contractors who apply for building permits are educated or reminded of their responsibilities, i.e. no disposal of excess concrete runoff
in the storm sewer system. Administrator Worthington said that if contractors are doing work in the
right-of-way, they are required to obtain a separate permit for that. The City does not do any specific education about dumping in the storm drains but it is something the City could
do. There has not been any dumping of this nature in Falcon Heights in the last few years.
Mayor Gehrz opened the Public Hearing for commentary from the audience. There was no commentary from the audience and the Public Hearing was closed.
Mayor Gehrz said the PowerPoint presentation was very helpful to the City Council and the viewing audience. There may be some additional implementation ideas generated at the March
23 workshop, where there will be representatives from all of the City’s commissions. They will be talking about the resources that each commission has that can help on environmental
quality issues. Interest has been expressed already in using some existing organizations that have environmental expertise to do some additional workshops for residents.
There is nothing that prevents adding implementation strategies.
Administrator Worthington said the City Council can amend the permit in future years. Staff is in the process of writing the report for 2004. In fact, there may be some water quality
issues raised by the PCA, and incorporated in future permits, that the City will need to address. This evening the City is required by the permit to make a public presentation and
hold a public hearing, but there is no Council action required.
FALCON HEIGHTS CITY COUNCIL MINUTES -5-
February 23, 2005
Review the provisions of the City’s Small Municipal Separate Sewer Systems (MS4) Permit
and 2004 Annual Report – PowerPoint Presentation by Administrator Worthington (continued)
Council member Lindstrom asked about the community sponsored rain barrel program. Is it a program already in effect in the metro and can the City simply join it, or will the City have
to create it? Administrator Worthington said that several years ago there was some discussion at the County level about implementing a rain barrel program but it never got off the ground.
The City would probably be blazing some new territory, but it is something the City would do in conjunction with other municipalities. It would be funded entirely through charges for
the actual rain barrels themselves that the City would purchase and sell to residents. It would be a voluntary program.
CONSENT AGENDA:
Lindstrom moved approval of the Consent Agenda, as outlined below. The motion was unanimously approved.
General Disbursements through February 18, 2005: $ 61,475.02
Payroll (02/01/05 – 02/15/05 $ 14,707.93
2. Replacement of 1999 Ford 350 Dump Truck
3. Amendment to Special Revenue Funds 204 and 208 for 2004 Budget
4. Appointment of Prosecuting Attorney for 2005 – Martin Costello, Hughes
and Costello
5. Approval of partial pay estimate #7 to Jay Brothers, Inc., in the amount
of $1,026.00, for the 2004 Curtiss Field Pond Improvements
Consideration of an ordinance regarding cleanup of clandestine drug labs
Administrator Worthington said that municipalities in the metropolitan area are experiencing a rise in small, clandestine methamphetamine labs. These labs can be highly mobile, located
in trailers, garages, and vehicles, and pose significant public health and environmental risks to communities due to the toxic chemicals used in the manufacturing process. Typically,
these chemicals are either poured down the sanitary or storm sewers, or dumped on open ground around the lab site. This causes pollution to soils, groundwater and open water sources
within the watershed. Current State statute addresses the illegal manufacture of methamphetamine and other drugs; however, cities have been strongly advised to adopt ordinances that
establish responsibility with the property owner for cleanup of any toxic substances that result from the manufacture of those drugs. This ordinance will allow the City to assess a
property owner for the cost of cleanup of pollution related to illegal drug manufacturing on their property, if the property owner does not comply with Minnesota Pollution Control Agency’s
requirements for that cleanup. This protects the City’s interests in ensuring that the pollution is abated, and establishes a clear line of responsibility with the property owner.
FALCON HEIGHTS CITY COUNCIL MINUTES -6-
February 23, 2005
Consideration of an ordinance regarding cleanup of clandestine drug labs (continued)
Administrator Worthington utilized the LCD projector to do a PowerPoint presentation
giving an overview of the clandestine lab ordinance being proposed for Council consideration this evening, and the major points are outlined below.
Why have a Clandestine Lab Ordinance?
Who is responsible?
Definitions
Enforcement
Inspection and Declaration
Notice to Other Parties
Site Owner’s Responsibility
Site Owner Costs
City Action and Recovery of Costs
Violation and Penalties
Council member Lamb said that under Section 8-5.08 Site Owner’s Responsibility to Act, Subsection 8-5.08 (b), states the site owner will contract with one or more City-approved environmental
hazard testing and cleaning firms. Does the City have such a list or will the site owner have to find their own and then the City license them? Administrator Worthington
said the City would license any firm that was going to do this kind of work in the City.
Currently, there aren’t any licensed by the City. Council member Lamb commented that if this were to occur, the City would approve and license the firms after the identification.
In response to a question from Council member Lindstrom, Administrator Worthington said that the way business licenses are handled, the licenses are administratively issued to the business
owner, and that can be a contractor. This would be handled the same way. The contractor would need to provide a bond, certificate of insurance and documentation that they were licensed
by the State as a contractor.
Mayor Gehrz asked if the State has a process in place whereby they identify or certify those companies that would have the expertise necessary to handle this type of work. Administrator
Worthington said that on the MPCA website there is an outline of the requisites for becoming a licensed methamphetamine environmental hazard cleanup firm. That could be incorporated
into an amendment of this ordinance if the Council wishes. There is already State statute that covers that. Since this ordinance amendment was originally from Little Canada, she will
check with them to see how they handle that.
Council member Lamb said this ordinance amendment pertains to not just methamphetamine but to any illicit chemical, and he is sure that different firms are certified to handle the different
types of chemical wastes.
FALCON HEIGHTS CITY COUNCIL MINUTES -7-
February 23, 2005
Consideration of an ordinance regarding cleanup of clandestine drug labs (continued)
Council member Kuettel said there are State statutes already in place for illegal chemicals on property right now. There already was a mechanism, but this takes it to another level
so that if a lab is discovered in Falcon Heights the City can make sure the property owner is liable for the cleanup.
Administrator Worthington said this also enables the City, through ordinance, to assess or place a lien against that property or pursue them civilly in court for damages related to the
pollution on that property. Without this ordinance, the City could pursue them but would have much less of a legal backup if there wasn’t an ordinance in place. The City could let
the MPCA take care of it, but if you were living next door to one, you would want to see your municipality take an interest as well and have enforcement power. This does not supersede
any State or Federal laws. To the extent that those laws are more restrictive they would supersede this ordinance.
Council member Lamb said that one of the things that is referenced in the proposed ordinance is the dumping of chemicals on the ground, which apparently is a practice with some of these
labs. Does this cover any contamination of neighboring properties as well? Administrator Worthington said it addresses all affected properties, so if it would migrate or contaminate
a neighboring property, it would apply as well. Council member Lamb asked if the cleanup costs for the neighboring property would fall back on the owner of the original site and Administrator
Worthington said yes.
Council member Lindstrom said that if the City found a lab site yesterday, it could still pursue civil action against the property owner, but what this does is give us some more backbone.
He said he had a question about Section 8-5.07 Inspection and Declaration of Nuisance. Within
48 hours of notification by law enforcement, the City must inspect the site. Knowing that we probably would inspect the site immediately or within 24 hours, what is the advantage of
the
48 hour limitation? Administrator Worthington said her sense is that the 48 hours exists to try and move the process along as quickly as possible, since property rights are being impacted.
If the City condemns the property or declares it a nuisance, the City is limiting access for the property owner. The City has to act with all due speed to ensure the City is not withholding
property rights for an inordinate amount of time. Under Section 8-5.05 Law Enforcement Action, law enforcement authorities can promptly notify the City, issue a temporary declaration
of public health nuisance for the affected site and post a copy of the declaration on the property. This temporary declaration expires after the City inspects the site. The clock
is ticking the moment they bust the lab. Then the City goes into its inspection phase and may need, depending upon the severity of the pollution or contamination on the site, to call
in a third party to help inspect it, like an environmental hazard cleanup firm. The City may need to make those arrangements but she believes this is something that can be done within
the 48 hour time period.
Also, she knows there are provisions in law about seizure and the holding of property. There are time limitations placed on that.
FALCON HEIGHTS CITY COUNCIL MINUTES -8-
February 23, 2005
Consideration of an ordinance regarding cleanup of clandestine drug labs (continued)
Administrator Worthington said that may also by why there is the 48 hour time limit in this section of the ordinance. It is something she can research and bring back to the Council.
Council member Lindstrom asked what would happen if three days went by. What could the City not do? What would happen then? Administrator Worthington said that on a technicality the
City might be tripped up, but the way the ordinance is structured under Section 8-5.05.c.,
it says the temporary declaration expires after the City inspects the site. She doesn’t know what law enforcement’s power is with regard to that temporary declaration. That is something
she can find out. Administrator Worthington said the 48 hour time period could be lengthened. There may be a legal reason it is 48 hours that she is not aware of and she will check
into that. She said she wanted to reassure the community that no illegal drug labs or clandestine drug labs have been found in the City, but passage of this ordinance is necessary to
protect the City’s interests
if one is ever found. Council member Lindstrom said he is comfortable with leaving the time period as is.
Council member Lamb said there is nothing in the ordinance that states how long the inspection has to take. All it says is that within 48 hours the City has to inspect, but it seems
to him that it wouldn’t be unreasonable if the inspection itself took several days, depending upon the extent of whatever has been dumped and identification of the chemicals.
Council member Kuettel said she is more concerned about doing things in a timely manner. She is not afraid of the 48 hours. This is the metro area and it is not as though the City
has to fly someone in from Anchorage. We live in a 24/7 world.
Council member Kuettel said that Section 8-5.07 (1) (a), needed to be corrected to read: a copy of the declaration of public health nuisance and Do Not Enter-Unsafe to Occupy Order.
Mayor Gehrz said that Section 8-5 (3), second sentence, needed to be corrected to read: The City must also mail a copy of the permanent declaration of public health nuisance and a
copy of this section to the following parties at their last known addresses:
Mayor Gehrz said that in the event something like this would happen in an apartment building where tenants in other units would need to be evacuated for a period of time, for their own
health and safety, if they didn’t have family members or a place where they could go there are agencies that can assist them, because it could be very expensive for a family to locate
another place to live.
Administrator Worthington said the Red Cross and Salvation Army have both provided those kinds of services to people displaced by clandestine lab activity. Civilly, there would be some
recourse with the property owner, in addition to their rights as tenants. This ordinance does not address tenant’s rights, but the City would coordinate those activities with those
service providers and bring them in to help people in these situations.
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February 23, 2005
Consideration of an ordinance regarding cleanup of clandestine drug labs (continued)
Council member Lindstrom asked Administrator Worthington to advise people what to watch for if they think their neighbor might be operating a clandestine drug lab.
Administrator Worthington recommended that people pay attention to unusual smells. The chemicals used in the manufacture of methamphetamine are solvents so if residents smell chemicals
they are not accustomed to or that are unusual, that is something to be on the lookout for. Typical drug activity is coming and going at odd hours, a classic sign of drug activity.
Vehicles that residents have never seen before around the neighborhood. A neighbor who uses a lot of different chemicals and containers, maybe putting them out for the trash. Clandestine
drug labs are being found everywhere--in vehicles, mobile labs, fish houses, trailers, sheds, garages and basements. Several months ago a lab was found in Maplewood and none of the
neighbors knew it was there. So, it is not an easy thing to pick up on, but sometimes people do hear, see and smell things that are out of the ordinary. The public’s help is greatly
appreciated. Don’t hesitate to dial 911 if you have information like that.
Mayor Gehrz said this ordinance is not intended to keep people from using methamphetamine. Eighty percent of the meth is imported or already manufactured. This is about responsibility
for mitigating the damages that result to property in the event there is an incident of this kind within Falcon Heights.
Kuettel moved adoption of Ordinance #2005-02 amending Chapter 8 of the Falcon Heights City
Code declaring clandestine drug labs to be a public nuisance, providing for their removal and cleanup and assessing costs against the property owner, as outlined below. The motion was
unanimously approved.
SECTION 1. Chapter 8 of the Falcon Heights City Code is amended by adding Section 5 to provide as follows:
8-5. CLANDESTINE DRUG LAB SITES
8-5.01. Purpose and Intent. The purpose of this chapter is to reduce public exposure to health risks associated with hazardous chemicals or residue from a clandestine drug lab site.
Professional testing and investigations show that chemicals used in the production of illicit drugs can condense, penetrate, and contaminate surfaces, furnishings, and equipment of
surrounding structures. The City Council finds that such sites and the personal property within such sites may contain suspected chemicals and residues that place people, particularly
children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site or being exposed to contaminated personal property.
8-5.02.. Interpretation and Application. The provisions of this chapter must be construed to protect the public health, safety and welfare. When the conditions imposed by this chapter
conflict with comparable provisions imposed by another law, ordinance, statute, or regulation, the regulations that are more restrictive or that impose higher standards will prevail.
FALCON HEIGHTS CITY COUNCIL MINUTES -10-
February 23, 2005
Consideration of an ordinance regarding cleanup of clandestine drug labs (continued)
8-5.03. Definitions. Unless the context clearly indicates otherwise, the words and phrases below are defined for the purpose of this chapter as follows:
(1) “Chemical dump site” means a place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located.
(2) “City” means the City of Falcon Heights.
(3) “Clandestine drug lab operation” means the unlawful manufacture or attempt to manufacture a controlled substance.
(4) “Clandestine drug lab site” or “site” means a place or area where law enforcement personnel have determined that conditions associated with an unlawful clandestine drug lab operation
exits. A clandestine drug lab site may include dwellings, accessory buildings, structures or units, a chemical dump site, a vehicle, boat, trailer, or other appliance.
(5) “Controlled substance” means a drug substance or immediate precursor specified in Minn. Stat. § 152.02, Schedules I through V, and as the same may be amended. The term does not
include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
(6) “Manufacture,” in places other than a pharmacy, includes the production, cultivation, quality control, or standardization, by mechanical, physical, chemical or pharmaceutical means,
and the packing, re-packing, tableting, encapsulating, labeling, re-labeling, or filling of drugs, by any other process.
(7) “Owner” means a person, firm, corporation or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated
with clandestine drug lab site. Unless information is provided to prove otherwise, the owner of real property is deemed to be the property taxpayer of record in the Ramsey County files,
and the owner of a vehicle, boat or trailer is deemed to be the person listed as the owner on the most recent title to the vehicle, boat or trailer.
8-5.04. Declaration of Public Health Nuisance. All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property, adjacent property or other locations,
associated with a clandestine drug lab site are potentially unsafe due to health hazards and are declared to be a public health nuisance.
8-5.05. Law Enforcement Action.
(1) Law enforcement authorities who identify conditions associated with a clandestine drug lab site that may place the public or occupants at risk for exposure to harmful contaminants
and other associated conditions may:
(a) promptly notify the appropriate municipal, child protection, and public health authority, the United States drug enforcement administration, and the site owner about the site
and the conditions found;
(b) treat, store, transport or dispose of all waste generated from the clandestine drug lab operation and found at the site in a manner consistent with the Minnesota Department of
Health and Minnesota Pollution Control Agency Regulations;
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February 23, 2005
Consideration of an ordinance regarding cleanup of clandestine drug labs (continued)
(c) issue a temporary declaration of public health nuisance for the affected site and post a copy of the declaration on all doorway entrances to the site or, in the case of bare land,
in several conspicuous places on the property. This temporary declaration will expire after the city inspects the site and determines the appropriateness of issuing a permanent declaration
of public heath nuisance;
(d) notify all people occupying the site that a temporary declaration of public health nuisance has been issued;
(e) require all people occupying the site to immediately vacate the site, remove all pets from the site, and not return without written authorization from the city;
(f) notify the occupants vacating the site that the personal property at the site may be contaminated with dangerous chemical residue; and
(g) put locks on each doorway entrance to the site to prohibit people from entering the site without authorization.
(2) The notification of the people and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives.
8-5.06. Seizure of Property. When a clandestine drug lab site is inside a vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities must immediately
seize it and not allow it to be transported except to a more secure location. All other requirements of this chapter must be followed as closely as possible given the specific type
of property in which the site is discovered.
8-5.07. Inspection and Declaration of Nuisance.
(1) Within 48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site, the city must inspect the site. The City may then
promptly issue a permanent declaration of public health nuisance and a Do Not Enter-Unsafe to Occupy Order for the affected site to replace the temporary declaration. A copy of the
permanent declaration and order must be posted on all doorway entrances to the site or, in the case of bare land, in several conspicuous places on the property.
(2) Abatement order. After issuing the permanent declaration, the city must send written notice to the site owner ordering abatement of the public health nuisance. The abatement
order must include the following:
(a) a copy of the declaration of public health nuisance and Do Not Enter-Unsafe to Occupy Order;
(b) information about the potentially hazardous condition of the site;
(c) a summary of the site owner’s and occupant’s responsibilities under this chapter; and
(d) information that may help the owner locate appropriate services necessary to abate the public health nuisance.
(3) Notice to other parties. The city must also mail a copy of the permanent declaration of public health nuisance and a copy of this section to the following parties at their last
known addresses:
(a) occupants or residents of the site if known;
(b) neighbors in proximity to the site who may be affected by the conditions found;
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February 23, 2005
Consideration of an ordinance regarding cleanup of clandestine drug labs (continued)
(c) the appropriate enforcement division of the United States drug enforcement administration; and
(d) other city, state and local authorities, such as the City Public Works Department, the Minnesota Pollution Control Agency, the Minnesota Department of Health, and the Department
of Natural Resources, that are known to have public and environmental protection responsibilities applicable to the situation.
(4) Modification or removal of declaration. The city may modify or remove the declaration of public health nuisance after the city receives documentation from a city-approved environmental
hazard testing and cleaning firm stating that the suspected health and safety risks, including those to neighbors and potential occupants, either do not exist or have been sufficiently
abated or corrected to justify amendment or removal of the declaration.
8-5.08. Site Owner’s Responsibility to Act.
(1) Within 10 business days after the abatement order is mailed to the site owner, the owner must accomplish the following;
(a) provide the city, in writing, with:
1) confirmation that all persons and their pets have vacated the site;
2) the names of all children who the owner believes were residing at the site during the time period the clandestine drug lab is suspected to have been at the site; and
3) confirmation that the site will remain vacated and secured until the public health nuisance is completely abated, as required by this chapter.
(b) contract with one or more city-approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current state guidelines:
8-5.07. Inspection and Declaration of Nuisance.
1) a detailed on-site assessment of contamination at the site, including the personal property in the site;
2) soil testing of the site and testing of all property and soil in proximity to the site which the environmental hazard testing and cleaning firm determines may have been affected
by the conditions found at the site;
3) a complete clean-up of the site (including the clean-up or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the structures on the site
and complete clean-up of the demolished site;
4) a complete clean-up, or disposal at an approved dump site, of all personal property in the site that is found to have been affected by the conditions at the site;
5) a complete clean-up of all property and soil in proximity to the site that is found to have been affected by the conditions at the site; and
6) remediation testing and follow-up testing, including testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced to allow safe
human occupancy and use of the site, use of the personal property in it, and use of all property and soil in proximity to the site.
(c) provide the city with the identity of the testing and cleaning firm with which the owner has contracted for abatement of the public health nuisance as required above; and
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February 23, 2005
Consideration of an ordinance regarding cleanup of clandestine drug labs (continued)
(d) sign an agreement with the city establishing a clean-up schedule. The schedule must establish reasonable deadlines for completing all actions required by this chapter for abatement
of the public health nuisance. The city will consider practical limitations and the availability of contractors in approving the clean-up schedule.
(2) The owner must meet all deadlines established in the clean-up schedule. The owner must provide the city with written documentation of the clean-up, including a signed statement
from a city-approved environmental hazard testing and cleaning firm that the site, all personal property in it, and all property and soil in proximity to the site is safe for human occupancy
and use and that the clean-up was conducted in accordance with the most current state guidelines.
8-5.09. Site Owner’s Responsibility for Costs. The site owner is responsible for all costs of dealing with and abating the public health nuisance, including contractor’s fees and
the city’s costs for services performed in connection with the clandestine drug lab site clean up. The city’s costs may include:
(1) posting of the site;
(2) notification of affected parties;
(3) securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site;
(4) expenses related to the recovery of costs, including the special assessment process;
(5) laboratory fees;
(6) clean-up services;
(7) administrative fees;
(8) legal fees; and
(9) other associated costs.
8-5.10. City Action and Recovery of Costs.
(1) If the site owner fails to comply with any of the requirements of this section, the city is authorized to take all reasonable actions necessary to abate the public health nuisance,
including contracting with a city-approved environmental hazard testing and cleaning firm to complete the necessary clean-up. The city is also authorized to provide a copy of the declaration
of public health nuisance to the holders of mortgage or lien interests in the affected site.
(2) If the costs to clean the site or to clean the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the city is authorized
to remove or demolish the site, structure or building and dispose of the personal property in it. These actions must be taken in accordance with the provisions of Minn. Stat. §§ 463.15
through 463.261.
(3) If the city abates the public health nuisance, the city is entitled to recover all of its actual costs, plus an additional 25% of such costs for administrative expense, in addition
to any other legal remedy. The city may recover costs by civil action against the site owner or by assessing the costs against the site as a lien against the property and certifying
the same to Ramsey County for collection in the same manner as ad valorem taxes and special assessments are collected.
8-5.11. Recovery of Costs from Persons Causing Damage. Nothing in this ordinance limits the right of the site owner or the City to recover clean-up costs from the tenant or operators
of the clandestine drug lab.
FALCON HEIGHTS CITY COUNCIL MINUTES -14-
February 23, 2005
Consideration of an ordinance regarding cleanup of clandestine drug labs (continued)
8-5.12. Entry Into or Onto the Site. While a declaration of public health nuisance for a site is in effect and has been posted at the site, no person, other than a law enforcement
officer or a person authorized by the city, is permitted to be inside or on a site.
8-5.13. Removal of Personal Property from the Site. While a declaration of public health nuisance for a site is in effect and has been posted at the site, no personal property may
be removed from the site without prior written consent from the city. Consent to remove personal property may be granted at the reasonable discretion of the city, and only in cases
of hardship after:
(1) a city-approved environmental hazard testing and cleaning firm has advised the city, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all
harmful contamination; and
(2) the owner of the personal property agrees in writing that the owner:
(a) is aware of the danger of using the contaminated property;
(b) will thoroughly clean the property to remove all contamination before the property is used; and
(c) releases and agrees to indemnify the City from all liability to the owner and third parties for injuries or damages alleged to have been caused by the contaminated property.
8-5.14. Violations and Penalties. Any person convicted of violating any provision of this chapter is guilty of a misdemeanor.
SECTION 2. This Ordinance shall take effect and be enforced from and after its passage and publication.
PASSED by the City Council of Falcon Heights this 23rd day of February, 2005.
REPORTS FROM COUNCIL MEMBERS AND INFORMATION AND ANNOUNCEMENTS:
Mayor Gehrz reminded the viewing audience that nominations for the Neal Kwong citizenship award are due on Friday, February 25. If someone knows a young person living in Falcon Heights
who has done outstanding volunteer or service work, get an application from City Hall and nominate them for that award. She said that on Wednesday, February 16, there was a meeting
at City Hall, to which ham radio operators who live in Falcon Heights were invited, to come and talk about how they could assist and work with the City’s Community Emergency Response
Teams (CERT) in any kind of a disaster. Five of the local hams, two CERT trainers and an individual who works with that program at the State level attended the meeting. It was a very
exciting meeting because they had great suggestions about how they could become a part of the City emergency preparedness response planning. They are interested in additional training
for themselves and had good suggestions for how they could be incorporated in the emergency operating response center during a disaster and also out in the neighborhoods with the CERT
teams. One of them donated a radio to City Hall to use in the EOC. The City will be working with them regarding training and will need to put up a $100.00 antenna at City Hall. She
thanked Russell Hobbie, a Falcon Heights resident and a ham radio operator, who took responsibility for getting this group together.
FALCON HEIGHTS CITY COUNCIL MINUTES -15-
February 23, 2005
Administrator Worthington said that February 23 is the one hundredth birthday of Rotary.
The regular City Council meeting was adjourned at 7:55 PM.
Respectfully submitted,
Mary Shea Kodluboy
Deputy Clerk