HomeMy WebLinkAboutCCAgenda_05Mar9i•
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
March 9, 2005
A• CALL TO ORDER: 7:00 PM
B. ROLL CALL: GEHRZ KUETTEL LAMB
LINDSTROM TALBOT
WORTHINGTON SHEA KODLUBOY
ATTORNEY ENGINEER
C• COMMUNITY FORUM:
D. PRESENTATIONS: None Scheduled
• ~"t~ E. APPROVAL OF MINUTES: February 23
2005
, TAB 1
F• PUBLIC HEARINGS: None Scheduled
G. CONSENT AGENDA:
~~'~ iq
`~0 1. General Disbursements through March 2, 2005:
$ 47
928
45
,
.
Payroll (02/15/05 - 02/28/05)
$ 11,877.32 TAB 2
H. POLICY AGENDA:
a,`a~ 1. Consideration of an interim use permit for a farmer's market at 2025 West
~g Larpenteur Avenue
aZ q 2. Authorization for staff to solicit bids for the purchase of a fire pumper
3. Appointment of Dan Johnson-Power
d G TAB 4
3 D s an
reg Hoag as Deputy Emergency
Managers
4. Step increase and title change for Public Works Director TAB 5
TAB 6
I• REPORTS FROM COUNCIL MEMBERS:
J. INFORMATION AND ANNOUNCEMENTS:
K. ADJOURNMENT
•
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 Munici ap 1 Separate Sewer Systems (MS4, Permit
and 2004 Annual Report - PowerPomt 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
February 23, 2005 _2_
Review the provisions of the City's Small Munici ap 1 Separate Sewer Systems (MS4) Permit
and 2004 Annual Report - PowerPotnt Presentation by Administrator Worthington (continued)
MSR-What is its
- 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
February 23, 2005
-3-
Review the rovisions of the Cit 's Small Munici al Se arate Sewer S stems 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
3
FALCON HEIGHTS CITY COUNCIL MINUTES
February 23, 2005 -4-
Review the rovisions of the Cit 's Small Munici al Se crate Sewer S stems 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 (MS41 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.
1. 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 re arding cleanup of clandestine tiru 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.
S
•
FALCON HEIGHTS CITY COUNCIL MINUTES _6_
February 23, 2005
Consideration of an ordinance re ardin cleanup of clandestine dru 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.
6
FALCON HEIGHTS CITY COUNCIL MINUTES _7_
February 23, 2005
Consideration of an ordinance re ag rdin cleanup of clandestine dru 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.
7
• FALCON HEIGHTS CITY COUNCIL MINUTES _g_
February 23, 2005
Consideration of an ordinance re ardin cleanup of clandestine dru 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-S.OS.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.
8
• FALCON HEIGHTS CITY COUNCIL MINUTES _g_
February 23, 2005
Consideration of an ordinance re ardin cleanup of clandestine dru lg abs (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.
9
•
FALCON HEIGHTS CITY COUNCIL MINUTES -10-
February 23, 2005
Consideration of an ordinance re ag rdin cleanup of clandestine dru l~(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;
10
• FALCON HEIGHTS CITY COUNCIL MINUTES -11-
February 23, 2005
Consideration of an ordinance re~ardin~ cleanup of clandestine dru 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 maybe
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;
FALCON HEIGHTS CITY COUNCIL MINUTES _12_
February 23, 2005
Consideration of an ordinance re arding cleanup of clandestine dru 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 acity-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
~a
FALCON HEIGHTS CITY COUN _
CIL MINUTES 13-
February 23, 2005
Consideration of an ordinance re ag rding cleanup of clandestine dru labs (continued)
(d) sign an agreement with the city establishing aclean-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 acity-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.
(l) 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 acity-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
additiona125% 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 Causin 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.
~3
FALCON HEIGHTS CITY COUNCIL MINUTES -14-
February 23, 2005
Consideration of an ordinance re ardin 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 Pr~ertv 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) acity-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.
14
. FALCON HEIGHTS CITY COUNCIL MINUTES
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
.J
-15-
IS
r~
CONSENT Gl
3/9/05
ITEM: Disbursements and Payroll
SUBMITTED BY: Roland O.Olson, Finance Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary
1. General Disbursements through March 2, 2005: $ 47,928.45
2. Payroll (02/15/05-02/28/05) $ 11,877.32
•
•
ATTACHMENTS:
• General Disbursements on pages ~~
• Payroll on page ~°
ACTION REQUESTED:
• Approval
16
DATE 03/02/05 TIME 03:45 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1
AP PROVAL OF BILLS
PERIOD ENDING: 03-2-OS
QfECK # VENDOR NAME DESCRIPTION DEPT. AMOUNT
HAMLINE UNVERSITY MCMA EXEC TNG INSTITUTE ADMINIST 1,150 .00
*** TOTAL FOR DEPT 12 1,150 .00
ASSOC. GOVT ACCOUNTANTS 2005 MEMBERSHIP FINANCE 95 .00
*** TOTAL FOR DEPT 13 95 .00
GTS LAND USE WORKSHOP EXPS PLANNING 697 .52
*** TOTAL FOR DEPT 17 697 .52
CITY OF ST ANTHONY MARCH 2005 POLICE SVGS POLICE 39,743. 31
*** TOTAL FOR DEPT 22 39,743 .31
CITY OF ST PAUL FUEL FIRE FIG 16. 49
FIRE MARSHALS ASSOC OF MN 2005 MEMBERSHIP FIRE FIG 45. 00
FIRE EQUIPMENT SPECIALTIE PGI HOODS FIRE FIG 139. 58
GALLS INCORPORATED ADULT BVM W/HANDLE FIRE FIG 54. 51
*** TOTAL FOR DEPT 24 255 .58
HAR MAR LOCK & SVC CTR FIRE DOOR LOCK REPAIR CITY HAL 159. 50
*** TOTAL FOR DEPT 31 159 .50
CITY OF ST PAUL FUEL STREETS 173. 59
*** TOTAL FOR DEPT 32 173 .59
CITY OF ST PAUL FUEL PARK & R 25. 00
*** TOTAL FOR DEPT 41 25. 00
GEHRZ, SUE REIMB CERT SUPPLIES CCC/CERT 17. 53
*** TOTAL FOR DEPT 54 17. 53
CITY OF ST PAUL FUEL SANITARY 25. 00
*** TOTAL FOR DEPT 75 25. 00
CITY OF ST PAUL FUEL STORM DR 25. 00
*** TOTAL FOR DEPT 76 25. 00
*** TOTAL FOR BANK 00 42,367. 03
DEBORAH JONES MILEAGE REIMB:DEB JONES -------- 172. 16
*** TOTAL FOR DEPT 00 172. 16
LILLZE SUBURBAN NEWSPAPER 2/22 HRNG MS4 PERMIT LEGISLAT 12. 26
*** TOTAL FOR DEPT 11 12. 26
AMERICAN OFFICE PRODUCTS NOTARY STAMP ADMINIST 97. 48
PERA FEB 28TH PERA ADMINIST 1,416. 60
*** TOTAL FOR DEPT 12 1,514. 08
CITIZENS LEAGUE 2005 PUBLIC AFFAIRS DIRC COMMUNIC 17. 00
NEXTEL COMMUNICATION S,INC CELL PHONE COMMUNIC 15. 92
*** TOTAL FOR DEPT 16 32. 92
MN NCPERS LIFE INSUR ANCE MAR/OS INSURANCE JONES PLANNING 16. 00
i7
DATE 03/02/05 TIME 03:45 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 2
APPROVAL OF BILLS
PERIOD ENDING: 03-2-OS
CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
------ - ----------- - ------------ -------------------- - -- -------- ------- - --
*** TOTAL FOR DEPT 17
1~f
J
16.00
CASH PLASTIC BAGS 4 CERT KITS EMERGENC 2 .44
*** TOTAL FOR DEPT 21 2 .44
AMERIPRIDE LINEN&APPAREL LINEN CLEANING FIRE FIG 56 .76
AMERICAN OFFICE PRODUCTS LETTERHEAD FIRE FIG 202 .35
AMERICAN OFFICE PRODUCTS PRINTER INK FIRE FIG 197 .18
MINNESOTA CONWAY FIRE EXTINGUISHER RECHRG FIRE FIG 62 .73
ANOKA-HENNEPIN TECH COLLE EMT CLASS GRIFFITH FIRE FIG 840 .41
*** TOTAL FOR DEPT 24 1,359 .43
ALLEGRA PRINT & IMAGING BUSINESS CARDS: JACK CITY HAL 99. 46
HOAG, GREG FEBRUARY MILEGE CITY HAL 37. 67
BOARD OF WATER COMMISSNRS S.S. CITY HAL 11. 69
BOARD OF WATER COMMISSNRS WATER CITY HAL 16. 22
HOME DEPOT CRC/GECF SHELVING SUPPLIES CITY HAL 64. 08
HOME DEPOT CRC/GECF WOOD FOR BASEMENT SHELFS CITY HAL 38. 50
HOME DEPOT CRC/GECF DISPLAY CASE WOOD CITY HAL 20. 32
HOME DEPOT CRC/GECF CITY HALL SUPPLIES CITY HAL 40. 30
NEXTEL COMMUNICATIONS,INC CELL PHONE CITY HAL 38. 44
NEXTEL COMMUNICATIONS,INC CELL PHONE CITY HAL 38. 04
NEXTEL COMMUNICATIONS,INC CELL PHONE CITY HAL 83. 01
*** TOTAL FOR DEPT 31 487. 73
BOYER FORD TRUCKS, INC. DIAGNOSTIC ON 1 TON TRK STREETS 175. 47
CASH WIPER BLADES FOR TRUCK STREETS 18. 06
CASH MUFFLER CLAMP FOR TRK STREETS 1. 90
*** TOTAL FOR DEPT 32 195. 43
BOARD OF WATER COMMISSNRS S.S PARK & R 23. 38
BOARD OF WATER COhII~7ISSNRS WATER PARK & R 27. 57
CASH DISPOSAL DISHWASHER PARK PARK & R 16. 00
QWEST PHONE PARK & R 110. 78
*** TOTAL FOR DEPT 41 177. 73
CASH FIRST AID KITS FOR RECRE PARK PRO 16. 17
*** TOTAL FOR DEPT 50 16. 17
*** TOTAL FOR BANK O1 3,986. 35
METROPOLITAN AREA MANAGE- MAMA LUNCHEON EXPS ADMINIST 18. 00
*** TOTAL FOR DEPT 12 18. 00
CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 53. 64
CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 46. 93
*** TOTAL FOR DEPT 31 100. 57
HOWARD GREEN COMPANY FH GENERAL SVGS ENGINEER 1,456. 50
*** TOTAL FOR DEPT 33 1,456. 50
is
DATE 03/02/05 TIME 03:45 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 3
APPROVAL OF BILLS
PERIOD ENDING: 03-2-05
~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
*** TOTAL FOR BANK 10 1,575.07
*** GRAND TOTAL *** 47,928.45
•
19
PERIOD END DATE 02/28/05 **FILE NOT UPDATED** PAGE 1
SYSTEM DATE 02/25/05
C H E C K R E G I S T E R
CHECK CHECK EMPLOYEE NAME CHECK CHECK
TYPE DATE NUMBER NUMBER AMOUNT
COM 2 25 OS 6 SUSAN GEHRZ 50382 5.57
COM 2 25 OS 12 LAURA A. KUETTEL 50383 277 .05
COM 2 25 OS 13 PETER C. LINDSTROM 50384 277 .05
COM 2 25 OS 14 RICHARD P TALBOT JR 50385 7 .05
COM 2 25 OS 15 ROBERT E LAMB 50386 277 .05
COM 2 25 OS 34 CLEMENT KURHAJETZ 50387 288. 54
COM 2 25 OS 42 MICHAEL D CLARKIN 50388 108. 52
COM 2 25 OS 66 ALFRED HERNANDEZ 50389 55. 41
COM 2 25 OS 74 MARK J ALLEN 50390 138. 52
COM 2 25 OS 85 DANIEL S JOHNSON-POWERS 50391 54. 64
COM 2 25 OS 91 RICHARD H HINRICHS 50392 38. 64
COM 2 25 OS 1003 HEATHER WORTHINGTON 50395 1655. 17
COM 2 25 OS 1007 PATRICIA PHILLIPS 50396 489. 85
COM 2 25 OS 1015 GREGORY R. HOAG 50397 1626. 58
COM 2 25 OS 1030 MARY A. KODLUBOY 50398 1402. 45
COM 2 25 OS 1033 DAVE TRETSVEN 50399 1218. 52
COM 2 25 OS 1035 JOSEPH J. AUGER SR 50400 103. 56
COM 2 25 OS 1038 DEBORAH K JONES 50401 1232. 88
COM 2 25 OS 1136 ROLAND 0 OLSON 50402 1535. 62
COM 2 25 OS 1137 MARK C. HANSMEIER 50403 222. 56
COM 2 25 OS 1143 COLIN B CALLAHAN 50404 296. 82
COM 2 25 OS 2058 PAULA L. BRYANT 50405 116. 36
COM 2 25 OS 2070 ANDREW W. FRASER 50406 21. 01
COM 2 25 OS 2071 ERIC M. FLAHAVE 50407 427. 90
COMPUTER CHECKS 11877.32
MANUAL CHECKS .00
NOTICES OF DEPOSIT .00
****TOTALS**** 11877.32
ao
POLICY Hl
3/9/05
ITEM: Consideration of an amended interim use permit for a farmer's
market at 2025 West Larpenteur Avenue
SUBMITTED BY: Heather Worthington
REVIEWED BY: The Planning Commission
Deb Jones, Planning and Zoning Coordinator
Roger Knutson, City Attorney
EXPLANATION:
Summary: At their regular February 22°d meeting, the Planning Commission held a public
hearing to reconsider the Interim Use Permit for the Farmer's Market located at Twin City
Co-ops Federal Credit Union (TCCFCU).
Two residents testified that they had concerns regarding trash blowing into their yards, and
trucks parked near the Farmer's Market site around 6:00-6:30 a.m. with engines idling parked on
the cul-de-sac on Prior Avenue. They were also very effusive in their praise for the Farmer's
Market, and emphasized that they very much enjoyed having it in the community.
The Planning Commission had an in-depth conversation regarding their concerns, and Cindy
Hartley, of TCCFCU said that they will allow access to its south parking lot for vendors arriving
before the 6:30 set-up time. Vendors who arrive before 6:30 a.m. must park in the south parking
lot (Larpenteur side). In addition, they will monitor the trash issue closely to ensure that this
problem is addressed. The city will enforce its parking restrictions on Prior Avenue as well.
Further, the Planning Commission voted to add the following provision:
The Property Owner will allow access to its south parking lot for vendors arriving before
the 6:30 set-up time. Vendors who arrive before 6:30 a.m. must park in the south parking
lot (Larpenteur side).
This provision addressed the two resident's concerns, and they were amenable to the IUP going
forward as amended.
ATTACHMENTS:
• Planning Commission staff report, 2/22/05, on pages --~~
• Amended IUP-~f!o~r the Farmer's Market at 2025 West Larpenteur Avenue
on pages '9i~y_~-1-_
. POLICY Hl
3/9/05
Consideration of an amended interim use permit for a farmer's market at 2025 West
Larpenteur Avenue (continued)
ACTION REQUESTED:
• Affirm Planning Commission's recommendation, and approve the amended IUP for
the Farmer's Market at 2025 West Larpenteur Avenue, including the additional
provision regarding vendor access appended by the Planning Commission
C]
as
• Planning Commission
2/22/05
ITEM: Interim Use Permit for the Twin Cities Co-ops Federal Credit Union
SUBMITTED BY: Deborah Jones, Planning and Zoning Coordinator
REVIEWED BY: Heather Worthington, City Administrator
Roger Knutson, City Attorney
EXPLANATION:
Summary: For the last two summers, a Farmer's Market has been in operation in the north
parking lot of Twin City Cooperative Federal Credit Union at 2025 W. Larpenteur Avenue in
Falcon Heights. The market has been open Tuesday mornings, 8:00 a.m. to noon, from June
through October. The existence of the market is allowed under an Interim Use Permit (IUP) that
was first issued in 2003 and reissued in 2004, after changes were made to the City Code in 2003
to include this interim use in the B2 zone. Both of these permits were valid for one year.
The Farmer's Market has become a popular and highly valued asset to the community. Response
has been overwhelmingly positive during both seasons. Residents have expressed much
appreciation for the way the market has been conducted and for the excellent supervision and
stewardship provided by the property owner TCCU.
In 2004, the IUP was changed to adjust the parking requirements in response to the experience of
the first season. Traffic flow in and out of the parking lot was streamlined, and provisions were
made to facilitate east-bound exit from Prior Avenue onto Larpenteur. According to
observations by both City Staff and TCCU personnel, the traffic and parking changes worked
well.
Proposed changes to the IUP in 2005: This year three changes are proposed to the Interim Use
Permit for the Farmer's Market:
1. Staff recommends that the new permit become open ended rather than limited to one year.
The new permit would be good as long as Twin City Co-op owns and occupies the property
and all other permit conditions are met. After two successful years Staff finds that the Co-op
has done an excellent job hosting this community asset. Extending the time of the IUP will
save the expense and time of renewing the permit annually while the Co-op occupies the site,
while avoiding possible unanticipated consequences of amending the City Code yet again to
make this a conditional use, available to future owners or occupants of the property.
2. The Market would begin in May instead of June to give the vendors an opportunity to offer
perennials and bedding plants at the appropriate season. This change is requested by the
Market management.
• 3. Sales would be allowed to begin at 7:30 a.m. instead of 8:00 to give commuters the
opportunity to shop before they go to work.
a3
• 3. (continued) There have been many requests for this chan e both from F
g , alcon Heights
residents and from people employed at the University. It must be emphasized that this will
not mean that vendors will arrive earlier than they have in the past. In 2003 and 2004
vendors were usually ready to go by 7:30 a.m. and simply waited until the opening bell at
8:00. There will be no change to vendor arrival and set-up times.
~y
• CITY OF FALCON HE/GHTS
RAMSEY COUNTY, MINNESOTA
INTERIM USE PERMIT
~ . Permit. Subject to the terms and conditions set forth herein, the City of
Falcon Heights ("City") hereby grants an Interim Use Permit ("IUP") to allow a Farmer's
Market at Twin Cities Cooperative Federal Credit Union, 2025 W. Larpenteur Avenue,
Falcon Heights operated by the St. Paul Farmer's Market.
2~ Subiect Property. The IUP is for that certain real property located in
Ramsey County, Minnesota, commonly referred to as 2025 W. Larpenteur
Avenue, Falcon Heights, MN and legally described as follows:
The South 765 feet of the parcel of land which consists of the West 20
acres of the East half of the Southwest Quarter and the East 15 acres of
the West half of the Southwest Quarter, all in Section 16, Township 29,
Range 23 of Ramsey County, Minnesota; except the East 131 feet of the
South 186 feet of said West 20 acres and except the West 60 feet of said
East 15 acres (subject to roads and easements)
And
Except the South 765 feet of the part East of the West 60 feet and except
the South 522 feet of the West 60 feet of the following described tract:
The South 15 acres of West 20 acres of the East half of the Southwest
Quarter and the East 15 acres of the West half of the Southwest Quarter
(subject to roads and easements) in Section 16, Township 29, Range 23
of Ramsey County, Minnesota
3. Conditions. The IUP is granted subject to the following conditions:
• Market may only be open to the public between the hours of 7:30 a.m.
and Noon local time on Tuesdays.
• Set-up will begin no earlier than 6:30 a.m., and the market must be
taken down and all vendors must have vacated the Location no later
than 1:30 p.m. local time.
^ There may not be any sales prior to 7:30 a.m.
^ There may not be more than 60 selling stalls.
•
• The Farmer's Market may be held on the Property during the months of
May through October.
^ The vendors may not occu
py more than 75 parking places at the
Location, for selling stalls and parking.
• No fewer than 181 parking spaces must be available at the Location
for customer parking.
^ Property owner must provide at least 160 parking spaces for its
employees during the hours of the Farmer' Market, either at the
Location or another location to be specified.
^ Vendors are responsible for leaving the area clean when they leave.
^ The Location and all adjoining land must be free of any trash or debris
which results from the Market or is reasonably attributed to the Market.
^ Vendors will sell only what they grow or produce themselves.
^ Items for sale will be limited to fruit, vegetables, flowers and decorative
plants, bedding plants, meat and dairy products, honey, baked goods,
salsa, jams, preserves and similar products, all of which shall be
subject to and must comply with applicable local, state and federal
health and safety and food rules, regulations and laws and the rules of
the St. Paul Farmer's Market. '
• No sound amplification devices may be used during the Farmer's
Market by the Market or by vendors.
• The Property Owner's Director of Facilities will be the managing agent
responsible for the conduct of the vendors in compliance with the
conditions of the Interim Use Permit.
• Use of the Location must be pursuant to a written agreement between
the owner of the Location and the St. Paul Farmer's Market
^ The owner of the Location must make the St. Paul Farmer's Market
aware of this Permit and require the St. Paul Farmer's Market to comply
with all applicable terms and conditions of this Permit.
^ The owner of the Location shall be obligated to make sure that a policy
or policies of insurance of the proper type, kind and amount are in place
to cover any injuries or damages to individuals and property which may
occur at, during or as a result of the operation of the Market at this
Location.
• Reasonable and a p
ppro riate measures must be taken to prevent
unreasonable disturbance to adjacent properties, such as trash or debris
finding its way onto the adjacent properties, and not being removed, or
customers of the Market crossing over adjacent properties without
permission of the owner.
^ The owner of the location shall take reasonable and a
measures to ensure that the St. Paul Farmer's Market does not disturb
adjacent property owners with excessive noise.
~~
•
4. Termination of Permit. The Permit shall terminate upon the occurrence
of any of the following events, whichever first occurs.
a. Sale of the Subject Property or any part thereof.
b. A lease of the Subject Property, or any part thereof, if Twin Cities
Cooperative Federal Credit Union is no longer a primary tenant of
the Subject Property.
c. Violation of any of the conditions set forth herein.
d. A change in the zoning ordinance which no longer allows the use.
5. Recording. This permit may be recorded against the title to the subject
property.
Dated: .2005.
CITY OF FALCON HEIGHTS
By:
ATTEST: Susan L. Gehrz, Mayor
Heather M. Worthington, City Administrator/Clerk
Landowner:
The terms and conditions of this Interim Use Permit are agreed to and accepted as of
the date set forth below:
Dated:
2005.
By: Cindy Hartley, Director of Facilities
a~
•
ITEM:
SUBMITTED BY:
EXPLANATION:
POLICY H2
3/9/05
Authorization for staff to solicit bids for the purchase of a fire pumper
Clem Kurhajetz, Fire Chief
Heather Worthington, City Administrator
Summary: Staff is seeking authorization to implement a process for solicitin bids f
fire pumper. g or a new
This truck is programmed in the 2005 Capital Improvement Budget, and will re lace t
p he 1973
LaFrance pumper that the city currently owns, and rebuilt in 1991. The transmission
vehicle is no longer reliable, and its "in-service" hours have been severely limited in t n that
year.
he last
Staff will prepare bid documents, bid notifications, and utilize a competitive biddin r
defined in state statute. This process will commence in mid-March, and we ho e t brincess as
back to the Council for consideration in late April. p g bids
ACTION REQUESTED:
• Authorize staff to solicit bids for the purchase of a fire pumper
~g
POLICY H3
3/9/05
ITEM: Appointment of Dan Johnson-Powers and Greg Hoag as Deputy
Emergency Managers
SUBMITTED BY: Heather Worthington, City Administrator
Clem Kurhajetz, Fire Chief
EXPLANATION:
Summary: By city council direction, the city administrator serves as the city's emergency
management director.
It is prudent to appoint two staff members to serve as deputy emergency managers in the event
that the city administrator is not present for an emergency, or is incapacitated and cannot serve in
that function.
Greg Hoag is the city's Public Works Director, and also serves as a Fire Captain with the
Roseville Fire Department. Greg brings 15 years of experience in first response as a firefighter,
and has considerable emergency management skills. Greg also brings expertise of public works
functions, and their role in emergency response.
Dan Johnson-Powers is a Fire Captain with the Falcon Heights Fire Department, the city's
primary CERT trainer, and is pursuing certification in emergency management through the State
of Minnesota. Dan has assisted the city in planning and executing emergency drills and
exercises, and serves as a liaison to county and state agencies that are interested in CERT
planning.
These two have agreed to serve in this role as part of their regular staff duties with the city. In
the event of an emergency, they will be compensated for their time per city policy.
ACTION REQUESTED:
• Appoint Greg Hoag and Dan Johnson-Powers as Deputy Emergency Managers for the
City of Falcon Heights
POLICY H4
3/9/05
ITEM: Step increase and title change for Greg Hoag, Director of Public
Works
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Greg Hoag has completed his six-month employment probation with the city, and
has had excellent performance during this period.
Greg has become an integral member of our management team here at the city, and his
exemplary performance has been invaluable to the city's residents, employees, and business and
institutional property owners.
Greg has shown excellent judgment, a strong work ethic, and a willingness to take on new duties
and responsibilities as needed.
At this time, I am recommending a 5% step increase for Greg, and a title change to Director of
Parks and Public Works to better reflect his job duties and responsibilities.
ACTION REQUESTED:
• Approval of step increase and title change for Greg Hoag
3a