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HomeMy WebLinkAbout07-14-2004 Council AgendaLITTLE CANADA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JULY 14, 2004 CALL TO ORDER — Regular Meeting — City Council — 7:30 p.m. Roll Call Mayor Mr. Michael 1. Fahey Council Member Mr. Jim LaValle Council Member Mr. Matt Anderson Council Member Mr. Bill Blesener Council Member Mr. Rick Montour City Administrator Mr. Joel Hanson City Attorney Mr. Tom Sweeney City Planner Mr. Steve Grittman Cable TV Producer Mr. Brandon Rickert Deputy Clerk Mrs. Kathy Glanzer APPROVAL OF THE MINUTES June 23, 2004 Regular Council Meeting ANNOUNCEMENTS **This agenda is subject to change by additions and deletions. ** H:AKathyG \Agenda - Hear ings \Agenda.doe AGENDA CITY COUNCIL JULY 14, 2004 PRESENTATIONS Request for Zoning Use Study — Kennedy Arms Company CONSENT AGENDA 2. Approval of the Vouchers Approval of the Renewal of Auto Sales Licenses Acceptance of Easements for Twin Lake Project STAFF & CONSULTANT REPORTS City Attorney 5. Amendment to Animal Ordinance Amendment to Ordinances Relative to License Periods for Car Dealer and Vehicle Repair Licenses City Administrator 7. North Star Estates Storm Shelter 8. Clandestine Drug Lab Ordinance 2 AGENDA CITY COUNCIL JULY 14, 2004 DEPARTMENT REPORTS Economic Development /City Council Public Safety /Gaming Public Works Building /Zoning/Code Enforcement Parks & Recreation 9. Amendment to Code Relative to Prohibition of Fires or Barbecues on Balconies and Patios Adjourn 3 EJ+ 9W4 a- 515 Little Canada Road, Little Canada MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 www.ei.little-canada.mn.us July 8, 2004 Kurt Kennedy Kennedy Arms Company 2526 Rice Street Little Canada, MN 55113 Re: B -3 Zoning Compliance Dear Mr. Kennedy: MAYOR Michael I. Fahey COUNCIL Jim LaValle Matt Anderson Rick Montour Bill Blesener ADNIINIS9 RATOR Joel R. Hanson Pursuant to our discussion today, I have again reviewed the zoning code relative to your proposed establishment of a business at 2526 Rice Street. Based upon your past representations and our discussion today, I believe a summary of this situation can best be defined as follows: • You have most recently represented that projected sales are based on the folio 1. Reloading equipment, dies, and components — 40% 2. Gun ammo, accessories, and cleaning gear — 15% 3. Gun sales of all types (new, used, & consignment) — 15% 4. Tobacco products & accessories — 15% 5. Gun safety classes & certification — 10% 6. Wildlife Art Work — 5% • You have emphasized that the reloading portion of your business is in effect the primary use. • The B -3 zoning code, a copy of which has been provided to you previously, does not indicate that "reloading equipment, dies, and components is a permitted use in the B -3 district. • The combination of reloading, ammo, accessories, and gun sales makes up 70% of your business. • The floor plan layout you previously submitted depicts a substantial area devoted to the display of guns and accessories. (copy attached) • Little Canada Zoning Code Section 901.080 states as follows: Whenever in any zoning district a use is neither specifically permitted or denied, the use shall be considered prohibited. In such case, the City Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to the Zoning Ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development within the City. Therefore, I have no choice but to conclude your proposed business is prohibited under Little Canada's zoning code. As indicated above, you may request that City Council and /or Planning Commission conduct a study to determine if your proposed use is acceptable. To this end, I will schedule you for a presentation before the City Council on July 14th in order that you may make this request. However, you must understand that requesting the study in no way guarantees that the contemplated use will be recommended for approval within any zoning district of the City. In the meantime, you are not authorized to conduct your proposed business within the City of Little Canada. Hanson y Administrator cc: Mayor and City Council Tom Sweeney, City Attorney Steve Grittman, City Planner George Altendorfer, Ramsey County Sheriff's Department Donald and Vivian Coury 2 ced f Yd74, ce 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766-4048 www.ci.little-eanada.mn.us June 9, 2004 Kurt Kennedy Kennedy Arms Company 2526 Rice Street Little Canada, MN 55113 Re: Application for Second Hand Goods Dealers License Dear Mr. Kennedy: MAYOR Michael 1. Fahey COUNCIL Jim LaValle Matt Anderson Rick Montour Bill Blesener ADMINISTRATOR Joel R. Hanson The City of Little Canada is in receipt of your application for Second Hand Goods Dealers License relative to the business you intend to operate at 2526 Rice Street. In reviewing your application materials, it is apparent that the sale of guns is the principle use of this business. As discussed with you on several occasions and as outlined in my April 27, 2004 letter, the City's Zoning Code does not allow the sale of guns as a principle use. Therefore, the business that you are proposing to operate is not allowed under City Codes. As a result, we are unable to process your application for Second Hand Goods Dealers License. Please also be advised that if you proceed to operate a gun store in the City of Little Canada, the City will take immediate legal action against you. Should you wish to discuss this matter further, please contact me at 651- 766 -4040. Sincerely, Hanson City Administrator cc: Mayor and City Council Tom Sweeney, City Attorney Steve Grittman, City Planner George Altendorfer, Ramsey County Sheriff's Department Donald and Vivian Coury 3 515 Little Canada Road, Little Canada, NIN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 www. ci.little- Canada. mn. us April 27, 2004 Kurt Kennedy Kennedy Sports 2526 Rice Street Little Canada, MN 55113 MAYOR Michael I. Fahey COUNCIL Jim LaValle Matt Anderson Rick Montour Bill Blesener ADMINISTRATOR Joel R. Hanson Dear Mr. Kennedy: As you will recall, you initially contacted the City of Little Canada in March requesting to open a gun store at 2526 Rice Street. City staff informed you, at that time, that the City's Zoning Code does not allow the sale of guns as a principal use, but does allow gun sales as an accessory use. Based on that information, you modified your representation of the nature of your business, indicating that your store sold sporting, hunting, and outdoor clothing, tobacco products, and art work, as well as guns with those guns being an accessory part of the business (see your letter attached). In having these discussions with you, staff requested that you submit a site plan reflecting the layout of the store and the space that would be allocated to each of the components of your business. You were also informed that licenses would be required for tobacco sales as well as the sale of any used merchandise such as used guns. To date, that site plan has not been submitted nor have applications for a Tobacco License or Second Hand Goods Dealers license. Please be informed that should any portion of your business consist of the sale of guns or tobacco products, the above site plan is needed by the City for evaluation and the appropriate City licenses must be obtained. Furthermore, should your actual business practices indicate that gun sales are the principal use of the property, the City will have to choice but to seek the closure of your operation. Please be advised that the above requirements are necessary in order to ensure that your business is in compliance with the City's Zoning Code. It is staff's duty to apply the Zoning Code consistently throughout the City of Little Canada. If you have any questions, contact me at 651- 766 -4040. Sincerely, oel :. Hanson city Administrator 4 KENNEDY SPORTS 2526 Rice Street Little Canada, MN 55113 Joel Hanson City Administrator City of Little Canada Kennedy Sports Kurt Kennedy Owner Dear Mr. Hanson Per your request I will outline my business for you. Kennedy Sports will be a retail establishment. Sales will consist of: • Sporting clothing for hunting and fishing — 10% • Footwear for hunting and fishing 10% • Outdoor clothing as needed 15% • Gun safety training classes and certifications — 10% • Reloading hunting supplies 10% • Gun sales all types — 10% • Sporting accessories of all types — 15% • Cigars and Tobacco and accessories —15% • Wildlife art work 5 %. For you information: • All handguns must be locked in a safe at night. • All long guns must be cable locked at night and usually during the day. • A infrared security etc will be in place. • A security system will be installed and connected to the Sheriff Station. • Background checks will be made as required on weapons. • ATF licenses will be secured and already applied for. • All employees will have had a back ground check from State of MN.and FBI I hope this meets with your understanding that I am in full compliance. 5 r 3/4,:m ;,spe-.56-1 - LA-,/ t/L, • 0 • (1:46a. 1 Ci T. i)cos L'.-.4.) 3or-14 Doo2 I 4,G Z gesss;/ .2\i5oac. /iv Zuerett 0 912. "B -3 ", GENERAL BUSINESS DISTRICT 912.010. PURPOSE. The purpose of the "B -3 ", General Business District is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. 912.020. PERMITTED USES. A. All permitted uses in a "B -1" and "B -2" District B. Antique or gift shop C. Amusement places (such as dance halls or roller rinks) D. Animal clinics (with no overnight care) E. Art and school supplies F. Bakery goods and baking of goods for retail sales on the premises. G. Bank, savings and loan, savings credit unions and other financial institutions H. Bicycle sales and repair I. Boat and marine sales (enclosed) J. Books, office supplies or stationary stores K. Bowling alleys L. Candy, ice cream, popcorn, nuts, frozen deserts and soft drinks. M. Camera and photographic supplies N. Carpet, rugs and tile O. Coin and philatelic stores P. Commercial and professional offices Q. Copy service, but not including printing press or newspaper R. Costume, clothes rental S. Delicatessen (take out only) T. Drug store U. Dry cleaning pick -up and laundry pick -up stations including incidental repair, assembly and processing V. Dry goods store W. Electrical appliance stores including incidental repair and assembly, but not fabricating or manufacturing X. Employment agencies Y. Finance companies Z. Florist shop AA. Frozen food store, but not including a locker plant BB. Furniture stores CC. Furriers when conducted only for retail trade on premises DD. Garden supply stores EE. Gift or novelty store FF. Grocery, fruit or vegetable store, but not including sales from moveable, motorized 912 -1 7 vehicles GG. Haberdasheries and ladies ready -to -wear Fill. Hardware II. Hobby store JJ. Ice sales with storage not to exceed five (5) tons KK. Insurance sales, claims and branch offices LL. Jewelry stores and watch repair MM. Leather goods and luggage stores NN. Locksmith 00. Meat market, but not including processing for a locker plant PP. Medical and dental offices and clinics QQ. On -sale and off -sale liquor stores RR. Paint and wallpaper sales SS. Plumbing, television, radio, electrical sales and such repair as are accessoryuse to the retail establishment permitted within this district. TT. Public utility buildings W. Public utility collection offices VV. Public garage WW. Real estate sales XX. Record - music shops YY. Sewing machine sales and service ZZ. Supe market AAA. Shoe repair BBB. Shoe stores CCC. Tailor shops DDD. Theaters, not of the outdoor drive -in type EEE. Toy stores FFF. Travel bureaus, transportation ticket offices GGG. Variety stores and stores of similar nature Hai. Wearing apparel III. Commercial recreation uses (not including establishments serving alcoholic beverages) limited to: a. Bowling alleys b. Dance halls c. Skating d. Theaters (indoor only) e. Sports and health clubs M. Pawnbrokers and Secondhand Goods Dealers. 912.030. PERMITTED ACCESSORY USES A. All permitted accessory uses in a "13-1" District and a "B -2" District. 912 -2 8 912.040. CONDITIONAL USES. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 921 of this Ordinance. A. All conditional uses, subject to the same conditions, as allowed in a "B -l" District, and only the conditional use identified as Section 911.040.A., Drive -In and Convenience Food Establishments, subject to the same conditions, as allowed in a "B -2" District. B. Elderly (Senior Citizen) housing, subject to the same conditions as allowed in an "R- B", Residential Business District. C. Deleted in its entirety per Ord. 415. D. Retail sales combined with related commercial printing facilities, provided that: 1. Noise does not exceed standards as established by the City Code and does not infringe upon neighboring properties. 2. No outside storage occurs on the site. 3. Adequate space is provided for loading facilities which do not disrupt parking or access circulation. 4. Signing for the two activities is in compliance with the limitations of the provisions of this Ordinance. 5. The provisions of Section 921,010, C of this Ordinance are satisfactorily met. E. Rehabilitation Centers 1. All rehabilitation centers must have an active license from the Minnesota Department of Welfare. 2. No overnight facilities are provided for the patron served. Patrons are delivered and removed daily. 3. Adequate off - street parking and access is provided in compliance with Section 903.050 of this Ordinance. 4. The site and related parking and service shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. 912 -3 9 5. All signing and informational or visual communication devices shall be in compliance with Section 903.110 of this Ordinance. 6. The maximum number ofphysically and mentally handicapped adult clients to be served shall be limited to one hundred twenty (120). 7. The provisions of Section 921.010, C of this Ordinance are considered and satisfactorily met. F. Commercial Recreation. Those establishments serving alcoholic beverages, pool hall, bingo, golf, indoor firearms /archery ranges, and amusement centers as a principal use, provided that: 1. If located within a shopping center, the use has its own exclusive exterior access. 2. Any and all applicable local, state and federal laws, permits licenses and operational regulations are complied with. 3. The use is located and developed so as not to create an incompatible operation problem with adjoining and neighboring commercial and/or residential uses. 4. The hours of operation shall be subject to City Council control and change as a means to maintain compatibility of uses and activities. 5. The provisions of Section 921.010, C of this Ordinance are considered and satisfactorily met. G. Office with Automobile Rental, provided that: 1. Storage of rental automobiles shall be accessory to an office located on -site. 2. No more than four (4) rental automobiles may be stored on site at any one time. 3. The parking ofrental automobiles does not take up parking space as required for conformity to this ordinance. 4. The parking area of rental automobiles is fenced and screened from view of neighboring residential uses or if abutting an "R" District in compliance with Section 903.020.G. of this ordinance. 5. The parking area ofrental automobiles is screened from view from the public 912 -4 -10- right -of -way in compliance with Section 903.020.G. of this ordinance. 6. Rental automobile storage area must be paved with concrete or asphalt. 7. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 903.020.I. of this ordinance. 8. The provisions of Section 921.010.C. of this ordinance are considered and satisfactorily met. H. Massage Therapy as a principal or accessory use, provided that: 1. The business receives an appropriate license from the City of Little Canada, and complies with all the requirements of that license. 2. All therapists are licensed in accordance with the requirements of the Municipal Code. 3. The City reserves the right to review the conditional use permit at any time, and may add conditions deemed appropriate by the City Council to ensure compliance with the Comprehensive Plan, City Codes, and applicable regulations. 912.050. LOT REQUIREMENTS AND SETBACKS. The following minimum requirements shall be observed in an "B -3" District subject to additional requirements, exceptions and modifications set forth in this Ordinance. A. Lot Area: B. Lot Width: C. Setbacks: 15,000 square feet 100 feet 1. Front Yards: Not less than forty (40) feet 2. Side Yards: a. Abutting residential property or public right -of -way: 40 feet b. Abutting non - residential property: None 3. Rear Yards: Not less than twenty (20) feet 912.060. BUILDING REQUIREMENTS. A. Height: No structure shall exceed three (3) stories or thirty-six (36) feet, whichever 912 -5 11- is least, except as provided herein. (Amended: Ord. 189, 220, 222, 272, 288, 347, 415, 436, 547) 912 -6 - 1 2 - W � of S9S Wana% MAYOR Michael I. Fahey COUNCIL Jim LaValle Matt Anderson Rick Montour 13111 6lesener 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.ci.little-canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Jessica Jagoe, Code Enforcement Officer DATE: July 9, 2004 RE: Renewal of Auto Sales Licenses License Period — July 1, 2004 through June 30, 2005 Attached are the renewal listings for the 2004 Auto Sales Licenses. City staff recommends approval of these licenses. Note: Valor Enterprises is a 60 Day Extension License. If compliance is not achieved by August 23, 2004, staff will not renew their licenses. ECG% `(JC/YL CL 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766-4048 www.ciAittle-canada.mn.us 2004 AUTO SALES LICENSE RENEWALS AUTO RETAIL SALES LICENSE Best Auto Benchmark Auto Eich Auto Sales Toms Auto Sales Valor Enterprises (60 Day Extension Only) AUTO WHOLESALE LICENSE Rossow, Inc. MAYOR Michael 1. Fahey COUNCIL Jim LaVaile Matt Anderson Rick Montour 8111 Blesener ADMINISTRATOR Joel R. Hanson cee f 94 99,?74 C4anaea 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 www.ci.little- canada.mn.us MEMORANDUM TO: Mayor Fahey and Members of the City Council FROM: Kathy Glanzer, Deputy Clerk DATE: July 9, 2004 RE: Acceptance of Easements for Twin Lake Project MAYOR Michael 1. Fahey COUNCIL Jim LaVaile Matt Anderson Rick Montour Bill I3lesener ADMINISTRATOR Joel R. t- Janson Lee Elfering has obtained Permanent Public Street, Utility and Drainage Easements from property owners along the east /west section of Twin Lake Road (see diagram attached). The piece of right -of- way need abutting 3250 Twin Lake Road is being dedicated as part of the Hamel Estates plat. The dedication of these easements result in a minimum 50 -foot street right - of-way for this segment of roadway. Other segments of Twin Lake Road currently meet the minimum 50 -foot right -of -way standard. Staff recommends acceptance of the easements as proposed and commends Mr. Elfering for his efforts in obtaining them. • -570.62' ' • 8— / / / / 1 / / ? / 1' 1+ 28 3t. _ 150: _ A del Ciq • :1/47); 4 04: 6 li Isil” EU Q 1i6 012 1,,,t 0 icl N _I25' I_ 1 _,.___6040 .1. .4.04' , / ?TWIN 25.' - D 11: - --LT -eile 8 / , 0 ' : tAl / .1 ''' 93 ' ICS. ° Ei ,,y.. ..• 6 R ..0 / / A, - igy.,._9 ; CO / , , ,:-..% ,...r. , • , :T.-0N •tc,. i •-• 0-4 , ; ; ; ,: ,iii7i, i ?„7s--atuzi—, t/ . • h —0 ,„, / / / / / 0 8 z I '4 97.37' 4 00: ; ;., 0 (fis %ea (42 F tO VAC 506 thi us W :. w j30, — '4 m th„ '4 :8 • 7„.5' 85' ' — - — --1?-0ADs tich' • — • ei 63B .4.e. tn.:4 su (.048.59 "•••• 'CZ g 03413' (4228.57'• Into' Su citr 42 71'V ' ' !t 2564' 1971 0' EMT. A tyi 0 C7" 126211 la 270.94' 8 rA" e•t. t ‚° °' 60.9' \ 62.71' eta SCS Wawa% MAYOR Michael L Fahey COUNCIL Jim LaValle Matt Anderson Rick Montour Bill Blesener 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.ci.little-eanada.mn.us MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: July 9,2004 RE: Amendment to Animal Ordinance Attached is an ordinance amendment to Section 1101 of the Municipal Code dealing with animal regulation that was prepared by the City Attorney at staff's direction. This amendment clarifies the code to address a situation whereby a resident has been in control more than three dogs in public that he claims he does not own. While that would be a violation in a residential unit, it could be argued it did not constitute a violation when not at the residence. Documenting the violation at the residence has proven difficult, yet there are many instances outside of the residence where possession of more than three dogs has been witnessed. The resultant complaints include lack of control over the animals along the road right -of -way and defecation problems. Therefore, staff feels an amendment to the code is warranted to gain control over this problem. Staff recommends adoption of the ordinance amendment that results in the following changes to the Municipal code: 1101.050. LICENSE AND REGISTRATION REOUIRED. All dogs over three (3) months of age kept, harbored or maintained within the City shall be licensed and registerecd. Dog licenses shall be issued by the City upon payment of a license fee as established by City Council resolution and such license shall he valid for two (2) years. The applicant shall give the following information on forms provided by the City: owner's name and address, name, breed (if known), color, and sex of the dog. The applicant shall also present proof ofvaccination to the City prior to issuance or renewal of a license. The provisions of this Section shall not be intended to apply to dogs whose owners are visitors temporarily in the City for sixty (60) days or less, to dogs brought into the City for appearance in a dog show, or to "seeing eye" dogs. No person shall keep more than three -(3) clogs or three (3) cats reskienti't'1 dwelling unit within the City of Lit per dwelling unit shall not exceed four (1). ver three (3) months ofage in any e-tet et Section 1101.055 was then added to replace the stricken text. It reads as follows: 1101.055. NUMBER OFANIMALSALLOWED. No person or entity shall own, possess, keep, harbor, or have control of more than three (3,) clogs or three (3) cats over three (3) months of age in the City ofLittle Canada. The total number of animals per dwelling nit shall not exceed, four (4). Thomas M. Sweeney George F. Borer Patrick J. Sweeney Robin D. Tomney Joseph J. Murphy Sweeney, Borer & Sweeney Professional Association Attorneys at Law Blacktern Professional Building 3250 Rice Street St. Paul, MN 55126 July 1, 2004 VIA FACSIMILE & U.S. MAIL Mr. Joel R. Hanson City Administrator City of Little Canada 515 Little Canada Road Little Canada, MN 55117 Re: Amendment of Animal Ordinance Our File No. 10501 Dear Joel: Telephone (651) 222 -2541 Facsimile (651) 223 -5289 As you requested, enclosed please find a proposed Amendment to the City of Little Canada's Animal Ordinance. As we discussed, a new section has been added relative to the number of animals allowed. If you have any questions, or if anything further is necessary, please contact the undersigned. PJS :jnm Enclosure Very truly y i rs, SWEENY, & SWEENEY P icic J. Sweeney 1 CITY OF LITTLE CANADA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1101.050 OF THE MUNICIPAL CODE OF THE CITY OF LITTLE CANADA RELATING TO ANIMAL LICENSE AND REGISTRATION, AND ADDING SECTION 1101.055 TO THE MUNICIPAL CODE OF THE CITY OF LITTLE CANADA RELATING TO THE NUMBER OF ANIMALS ALLOWED THE CITY COUNCIL OF LITTLE CANADA HEREBY ORDAINS AS FOLLOWS: Section 1. 1101.050. LICENSE AND REGISTRATION REQUIRED. All dogs over three (3) months of age kept, harbored or maintained within the City shall be licensed and registered. Dog licenses shall be issued by the City upon payment of a license fee as established by City Council resolution and such license shall be valid for two (2) years. The applicant shall give the following information on forms provided by the City: owner's name and address, name, breed (if known), color, and sex of the dog. The applicant shall also present proof of vaccination to the City prior to issuance or renewal of a license. The provisions of this Section shall not be intended to apply to dogs whose owners are visitors temporarily in the City for sixty (60) days or less, to dogs brought into the City for appearance in a dog show, or to "seeing eye" dogs. Section 2. Section 1101.055 is hereby added to the Municipal Code of the City of Little Canada to read as follows: 1101.055. NUMBER OF ANIMALS ALLOWED. No person or entity shall own, possess, keep, harbor or have control of more than three (3) dogs or three (3) cats over three (3) months of age in the City of Little Canada. The total number of animals per dwelling unit shall not exceed four (4). -2 Section 3. This Ordinance shall take effect and be enforced from and after its passage and publication. PASSED by the City Council of Little Canada this ATTEST: day of , 2004. Michael I. Fahey, Mayor Ayes — Joel R. Hanson, City Administrator Nays - 2 3 Thomas M. Sweeney George P. Borer Patrick J. Sweeney Robin D. Tomney .Joseph J. Murphy Sweeney, Borer & Sweeney Professional Association Attorneys at Law Blacktern Professional Building 3250 Rice Street St. Paul, MN 55126 June 25, 2004 VIA U.S. MAIL AND E -MAIL Mr. Joel R. Hanson City Administrator City of Little Canada 515 Little Canada Road Little Canada, MN 55117 Re: Ordinances Amending Sections 803.020 and 807.050 Our File No. 10501 Dear Joel: JUN 28 Telephone (651) 222 -2541 Facsimile (651) 223-5289 Please find enclosed the originals of two Ordinances providing for issuance of licenses by the City Council for a shorter period than one year relative to car dealer licenses and vehicle repair licenses respectively. Would you please review the enclosed to determine if any additions or deletions would be beneficial. If the enclosed is acceptable, would you please forward the same to the Council for their consideration. If anyone has any questions relative to this matter, please contact me. Very truly yours, SWEENEY, BORER & SWEENEY Thomas M. Sweeney TMS:jnm Enclosures CITY OF LITTLE CANADA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 803.020 OF THE LITTLE CANADA CITY CODE. THE CITY COUNCIL OF LITTLE CANADA HEREBY ORDAINS AS FOLLOWS: Section 1. 803.020. APPLICATION FEE AND LICENSE PERIOD. Application for used car dealers licenses shall be made to the City on a form to be furnished by the City. The fee for such license shall be determined by City Council resolution with the license period commencing July 1 of each year. The license shall be for a term of one year, except that the City Council shall have the authority to issue a license for a period shorter than one year to guarantee compliance with all conditions of the license and with all conditions of the zoning regulations. The license fee for any part of a year shall be the same as for a full year. All applications to engage in a used car business must be submitted by the Administrator to the City Council at its next regular meeting before such license may be issued. Section 2. This Ordinance shall take effect and be enforced from and after its passage and publication. PASSED by the City Council of Little Canada this day of , 2004. ATTEST: Michael I. Fahey, Mayor Ayes- Joel R. Hanson, City Administrator Nayes- 2 CITY OF LITTLE CANADA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 807.050 OF THE LITTLE CANADA CITY CODE. THE CITY COUNCIL OF LITTLE CANADA HEREBY ORDAINS AS FOLLOWS: Section 1. 807.050. APPLICATION. A motor vehicle repair license shall be issued by the City pursuant to an application made by the applicant upon the form to be firmished by the City. The fee for such license shall be established by City Council resolution with the license period commencing July 1 of each year. The license shall be for a term of one year, except that the City Council shall have the authority to issue a license for a period shorter than one year to guarantee compliance with all conditions of the license and with all conditions of the zoning regulations. The license fee for any part of a year shall be the same as for a full year. The application shall contain the name and address of the applicant, the location where the license is to be used and such other information as the City may require for purposes of the administration of this Chapter. Section 2. This Ordinance shall take effect and be enforced from and after its passage and publication. PASSED by the City Council of Little Canada this day of , 2004. ATTEST: Michael I. Fahey, Mayor Ayes- Joel R. Hanson, City Administrator Nayes- 3 MINUTES CITY COUNCIL JUNE 23, 2004 TABULATION OF TRAIL BIDS CITY LICENSES ADJOURN The City Administrator reviewed his report dated June l8, 2004 relative to the tabulation of trail bids, and recommended the rejection of these bids with a rebid of the project in the spring. The Administrator pointed out that clue to a number of issues only two bids were received. The low bid received was substantially over the Park Consultant's estimate. The Administrator felt that through a restructuring of the bid request, the City would be able to get more favorable bids in the spring. The Administrator noted that the City has a grant to cover the cost of a portion of this work. The grant administrator has indicated that they would extend the grant upon receipt of a written request to do so by the City. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION NO. 2004 -6 -139 — REJECTING ALL BIDS RECEIVED FOR 2004 TRAIL WORK BASED ON THE RECOMMENDATION OF THE CITYADMINLSTRATOR AND INSTRUCTING THE ADMINISTRATOR TO SUI311IIT A WRITTEN REQUEST FOR EXTENSION OF THE CITY'S TRAIL GRANT The foregoing resolution was duly seconded by LaValle. Ayes (5) Fahey, LaValle, Montour, Anderson, Blesener. Nays (0). Resolution declared adopted. The City Attorney reported that Chapters 803 and 806 of the City Code provide for annual City licenses. The Council discussed amending the ordinance to provide for shorter license periods in the event the City has the need, i.e. the resolution of code enforcement issues. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION NO. 2004 -6 -140 — ADJOURNING The foregoing resolution was duly seconded by Montour. Ayes (5) LaValle, Montour, Fahey, Blesener, Anderson. Nays (0). Resolution declared adopted. There being no further business, the meeting was adjourned at 9:50 p.m. I 4 �lichael 1. Fahey, Mayor 6/7 P ' ;7d Wana% U MAYOR Michael I. Fahey COUNCIL Jim LaValle Matt Anderson Rick Montour Bill Blesener 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766-4048 Joel R. Hanson www.ci.little-canada.mn.us MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: July 9,2004 RE: North Star Estates Storm Shelter Attached is the bid tabulation for the North Star Estates Storm Shelter project. The low bidder is Specialty Construction of Stillwater at a price of $122,110. The only concern I have in awarding this bid is the total cost of the project will exceed the total of the $95,000 of grant funds plus the $34,500 deposited by the owners of NSE once we add in the design, project management, and city administration costs. I am still awaiting a more accurate estimate from the engineer as to the revised budget. Once I receive this information, I will forward a letter to the owner's of NSE and ask for an additional cash deposit to ensure adequate fiends to complete the job. Therefore, I recommend awarding the NSE Storm Shelter contract to Specialty Construction, subject to receipt of an additional deposit from the owner's of NSE to ensure enough fimds are readily available to complete the job. 817410J LITTLE CANADA - NORTH STAR ESTATES STORM SHELTER Bid Date: Wednesday, June 30, 2004 @ 10 am Company Name BID BOND TOTAL BID Broadview Builders 5382 Lexington Ave N Shoreview MN 55126 PH: 651.248.3522 FAX: 651.340.3300 Creative Curb 64358 - 375th Street Wakins, MN 55389 PH: 320 - 764 -5334 FAX: Forest Lake Contracting PH: 651.464.4500 14777 Lake Or FAX: 651.464.4722 V/ 56, 555 -C ) Forest Lake MN 55025 Gen Con PH: 952.492.1111 424 North Broadway St FAX: 952.492.7780 ✓ 22 $ i,2. Go Jordan MN 55352 Gladstone PH: 651.771.4990 1315 Frost Ave FAX: 651.771.0450 ✓ SZ , S60 . CC St Paul MN 55109 Hunerberg Construction PH: 763.553.0062 13705 26th Ave M #100 FAX: 763.553.0089 ✓ )24 CC Minneapolis MN 55441 J.S. Cates Construction, Inc. PH: 763- 478 -8961 2400 Cates Racnh Drive FAX: 763 - 478 -8794 / V ) -\ . , A\c, , C Hamel, MN 55340 King Electric PH: 763.780.8859 FAX: 763.571.7422 Lloyd's Construction Services, Inc. PH: 952 - 746 -5832 7207 W. 128th Street FAX: Savage, MN 55378 Lund Martin PH: 3023 Randolph St NE FAX: . 17)3, ‘14. CCU Minneapolis MN 55418 Merrimac Construction PH: 763.434.6857 18651 Buchanan St NE FAX: 763.434.6568 East Bethel MN 55011 Specialty Construction PH: 651.430.0711 1725 Tower Dr W #160 FAX: 651.430.0807 ,/ \ 7 2, \ \ C . , GC? Stillwater MN 55082 817410.1- Little Canada Northstar Estates n ti 0/T S it Wlrnaa6 MAYOR Michael 1. Fahey COUNCIL Jim LaValle Mali Anderson Rick Montour Bill Blesener 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.ci.little-eanada.mn.us MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Joel Hanson, City Administrator DATE: July 9,2004 RE: Clandestine Drug Lab Nuisance Ordinance At an earlier meeting, the City Council indicated an interest in preparing an ordinance to address the public nuisance associated with clandestine drug labs. Council Member Anderson asked that any ordinance brought forth limit the definition of manufacturer to drug labs as well as limit the approach the City takes to truly address public safety issues. After reviewing various examples (New Brighton, St. Cloud, and Vadnais Heights), I believe we should have additional discussion as to the Council's goals for this ordinance. Based on the results of this discussion, I feel the City Attorney's office should then complete the drafting of this ordinance. 4/E4," end /• 17 -17 Article 5. Cleanup of Clandestine Drug Lab Sites and Chemical Dump Sites Sec. 17 -70. Definitions. The definitions in this Section shall apply when these words and phrases are used in this Article. (1) Child. Any person less than 18 years of age. (2) Chemical Dumpsite. Any place or area where chemicals or other waste materials have been located. (3) Clandestine drug lab. The unlawful manufacture or attempt to manufacture controlled substances. (4) Clandestine drug lab site. Any place or area where law enforcement has determined that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site includes any dwellings, accessory structures, a chemical dump site, a vehicle, boat, trailer or other similar appliance or any other area or location. (5) Controlled substance. Any drug, substance or immediate precursor in Schedules I through V of Minnesota Statutes § 152.02. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. (6) Owner. Any person, firm, corporation, or other entity who owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site or chemical dump site. (7) Public Health Nuisance. A nuisance as defined under Section 17 -2 of the New Brighton City Code or under Minn. Stat. § 145A.02, subd. 17. Sec. 17 -71. Purpose and Intent. The purpose of this Article is to protect the public health, safety and welfare and to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab or chemical dumpsite may exist. The City Council finds that such sites may contain hazardous chemicals, substances, or residues that place people, particularly children or adults of child- bearing age, at risk of exposure through inhabiting or visiting the site or using or being exposed to contaminated personal property. Sec. 17 -72. Declaration of Property As a Public Health Nuisance. (1) Any property containing a clandestine drug lab or chemical dumpsite will be declared a public health nuisance. (2) No person may occupy, enter or allow occupancy or entrance to property declared a public health nuisance under this Section until such declaration is vacated or modified to allow occupancy. 17 -18 Sec. 17 -73. Law Enforcement Notice to Other Authorities. Upon identification of a clandestine drug lab site or chemical dumpsite deemed to place neighbors, visiting public, or present and future occupants of the affected property at risk for exposure to harmful contaminants and other associated conditions, law enforcement officials will notify the City Sanitarian and other appropriate municipal, child protection, and public health authorities of the property location, property owner if known, and conditions found. Sec. 17 -74. Seizure of Property. (1) If a clandestine drug lab or chemical dump site is located inside a vehicle, boat, trailer, or other form of moveable personal property, law enforcement authorities may immediately seize such property and transport it to a more secure location. (2) Personal property may not be removed from a clandestine drug lab site or a chemical dump site without the prior consent from the City Sanitarian. Sec. 17 -75. Action by City Sanitarian. (1) Upon notification by law enforcement authorities, the City Sanitarian or other appropriate municipal or public health authority will issue a Declaration of Public Health Nuisance for the 2 affected property and post a copy of the Declaration at all probable entrances to the dwelling or property. (2) Removal of the posted Declaration of Public Health Nuisance by anyone other than the City Sanitarian, law enforcement authorities, or their designees, is prohibited. (3) The City Sanitarian will also attempt to notify the following parties of the Declaration of Public Health Nuisance: A. Owner of the property; B. Occupants of the property; C. Neighbors at probable risk; D. The City of New Brighton Department of Public Safety; and E. Other state and local authorities, such as the Minnesota Pollution Control Agency and the Minnesota Department of Public Health, which are known to have public and environmental protection responsibilities applicable to the situation. (4) Any rental license issued by the City for the property is immediately suspended upon issuance of the Declaration of Public Health Nuisance. Such license will be reinstated only after full compliance with an abatement order. (5) After issuance of the Declaration of Public Health Nuisance, the City Sanitarian will issue an order to the property owner to abate the public health nuisance. The abatement order will include the following: A. A copy of the Declaration of Public Health Nuisance; B. An order to immediately vacate those portions of the property, including building or structure interiors, which may place the occupants or visitors at risk. C. Notification of suspension of the rental license, if applicable; and D. A summary of the owner's and occupant's responsibilities. 17 -19 Sec. 17 -76. Responsibilities of Owner. (1) Upon receipt of an abatement order, the property owner must, at the owner's expense: A. Properly secure and post the perimeter of any contaminated areas on the property in an effort to avoid exposure to unsuspecting parties; B. Promptly contract with appropriate environmental testing and cleaning firms to conduct on -site assessment, complete cleanup and remediation testing, including periodic follow -up testing to assure that the health risks are sufficiently reduced to allow safe human occupancy of the property and structures located on the property; C. Regularly notify the City of actions taken and reach agreement with the City on the cleanup schedule; and D. Provide written documentation to the City of the cleanup process, including a signed, written statement that the property is safe for human occupancy and that the cleanup was conducted in accordance with Minnesota Department of Health guidelines. (2) The property may not be re- occupied or used in any manner until the City has obtained the written statement in paragraph (1)(D) and has confirmed that the property has been cleaned in accordance with the guidelines established by the Minnesota Department of Health. Sec. 17 -77. Owner's Responsibility for Costs. The owner is responsible for all costs associated with nuisance abatement and cleanup of the clandestine drug lab site or chemical dumpsite, including, but not limited to, costs for: (1) Emergency Response; (2) Posting and physical security of the site; (3) Notification of affected parties; (4) Expenses related to the recovery of costs, including the assessment process; (5) Laboratory Fees; (6) Cleanup services; 3- (7) Administrative fees; and (8) Other associated costs. Sec. 17 -78. City Authority to Initiate Cleanup and Recovery of Costs. (1) If, within 10 days after service of notice of the Declaration of Public Health Nuisance, the City is unable to locate the property owner or the property owner fails to arrange appropriate assessment and cleanup, the City Sanitarian is authorized to proceed in a prompt manner to initiate the on -site assessment and cleanup. (2) The City may abate the nuisance by removing any hazardous structure, building, or otherwise, in accordance with Minnesota Statutes Chapter 463, Chapter 17 of the New Brighton City Code or by any other means provided under law. (3) If the City abates the public health nuisance, it may recover all costs associated with such abatement. In addition to any other legal remedy, the City may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special tax against the property in the manner that taxes and special assessments are certified and collected pursuant to Minnesota Statutes § 429.101 and Section 17 -10 of the New Brighton City Code, (Ord. No. 717 3/23/04) 4 Code of Ordinances Section 1015:00 (1977) C 0 1 Page 1 of 3 Section 1015 Clandestine Drug Lab Sites and Chemical Dumpsites iection 1015:00 Purpose. The purpose of this Section is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine lab site or associated dumpsite may exist. The City Council finds that such sites may contain hazardous chemicals substances or residues tereof that place people, particularly children or adults of child- bearing age, at risk of exposure through inhabiting or isiting the site, now and in the future. Section 1015:10 Interpretation and Application. Subd. 1. The provisions of this ordinance shall be interpreted and applied as the minimum requirements necessary to protect public health safety and welfare. Subd. 2. Where the conditions imposed by and provision of this ordinance are either more restrictive or less restrictive than comparable provisions imposed by any other law ordinance statute, resolution, or regulation of any kind the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Subd. 3. Should any court of competent jurisdiction declare any section or subpart of the Section to be invalid, such decision shall not affect the validity of the Section as a whole or any part thereof other than the provision declared invalid. Section 1015:15 Definitions. The following terms or words shall be interpreted as follows: Subd. 1. Child shall mean any person less than 18 years of age. Subd. 2. Chemical dumpsite shall mean any place or area where chemicals or other waste materials used in a clandestine drug lab have been located. Subd. 3. Clandestine drug lab shall mean the unlawful manufacture or attempt to manufacture controlled substances. Subd. 4. Clandestine drug lab site shall mean any place or area where law enforcement has determined tha conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site may include dwellings, accessory building, accessory structures, vehicle, a chemical dumpsite or any land. Subd. 5. Controlled substance shall mean a drug, substance or immediate precursor in Schedules I through V of Minn. Statutes 152.02. The term shall not include distilled spirits, wine malt beverages intoxicating li uors or tobacco. Subd. 6. Household hazardous wastes shall mean waste generated from a clandestine drug lab. Such wastes shall be treated stored transported or disposed of in a manner consistent with the Minnesota Department of Health and Minnesota pollution Control Agency rules and regulations. Section 1015:15, Subd. 7 (1977) Subd. 7. Manufacture, in places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of drugs. Subd. 8. Owner shall mean any person, firm or corporation who owns, in whole or in part, the land, buildings, structures or vehicle associated with a clandestine drug lab site or chemical dumpsite. Subd. 9. Public Health Nuisance shall mean all dwelling_s accessory structures and buildings adjucent property - 5 - Code of Ordinances Page 2 of ?, or vehicle associated with a clandestine drug lab site or chemical dumpsite are potentially unsafe due to health hazards and shall be considered a public health nuisance. Section 1015:20. Declaration of a Property as a Public Health Nuisance. If law enforcement or a chemical assess determines the existence of a clandestine drug lab site or chemical dumpsite the property shall be declared a Health Nuisance. Subd.1. Notice to Other Authorities. The law enforcement authority or other agency requesting a chemical assessment that identifies conditions associated with a clandestine drug lab site or chemical dumpsite must promptly notify the appropriate child protection agency if children are or have been present, the St. Cloud Fire . Department Hazmat /Chemical Assessment Team and the City of St. Cloud Health and Inspections Department of the property location, property owner if known and conditions found. Subd. 2. The Health and Inspections Department shall promptly post the property as a Public Health Nuisance ai all probable entrances to the building, structure or property. Removal of the posting by anyone other than the Health and Inspections Department or law enforcement authority is prohibited. Subd. 3. Occupancy Prohibited. Upon the issuance of a notice of a Public Health Nuisance and posting, all occupants of such building or structure shall immediately vacate the premises. No person shall occupy, enter or allow occupancy or entrance to a building or structure declared a public health nuisance until such declaration is vacated or modified to allow occupancy. Subd. 4. The Health and Inspection Department is authorized to modify the conditions or remove the notice of a Public Health Nuisance. Subd. 5. Modifications or removal of the notice of a Public Health Nuisance shall occur only after documentation from a qualified environmental hazard testing and cleaning firm, stating that the heath and safety risks including those to neighbors and potential dwelling occupants are sufficiently abated or corrected to allow safe occupancy of the dwelling. Section 1015:25. Notice of Public Health Nuisance to Concerned Parties. The Health and Inspections Depart; shall notify the owner of the property by mail in addition to the following parties: Section 1015:25, Subd, 1 Subd. 1. Occupants of the property. Subd. 2. Neighbors at probable risk. (1977) Subd. 3. Other state and local authorities if appropriate, such as the Minnesota Pollution Control Agency and the Minnesota Department of Health, which are known to have public and environmental protection responsibilities to the situation. Section 1015:30. Property Owner's Responsibility to Act. Within ten days of receiving the notice of Public Health Nuisance, the owner and /or occupant shall act to accomplish the following: Subd. I. Notify the Health and Inspections Department that the Clandestine Drug Lab Site has been and will remain vacated and secured until the Health and Inspections Department acts to remove the Notice of Public Health Nuisance. Subd. 2. Contract with one or more acceptable environmental hazard testing and cleaning firms (acceptable firms are those that have provided the Health and Inspections Department assurance of appropriate equipment, .`.' procedures, and staff) to accomplish the following: a. Conduct a detailed onsite assessment. b. Determine the extent of contamination, c. Carry out and /or direct remediation operations. d. Perfonn and /or direct follow -up sampling and testing. -6- Code of Ordinances Page 3 of 3 e. Determine that the risks are sufficiently reduced, according to Minnesota Department of Health guidelines, to allow renewed occupancy of the Clandestine Drug Lab Site. on 1015:35 Property Owner's Responsibility for Costs and the City of St. Cloud Costs. Subd. 1. Consistent with Minnesota Statutes Chapter 145A the property owner shall be responsible for: a. Private contractor's fees, cleanup, remediation, and testing of the Clandestine Drug Lab Site, and; b. The City of St. Cloud's fees and costs of administering notices, enforcing vacating, cleanup, remediation, and testing of the Clandestine Drug Lab Site. Subd. 2. Nothing in this ordinance is intended to limit the property owners, occupants, or the City of St. Cloud's right to recover costs, referenced in this section, from persons contributing to the contamination, such as the operators of the Clandestine Drug Lab and /or other lawful sources. Section 1015:35, Subd. 3 (1977) Subd. 3 The City of St. Cloud's administrative and enforcement services, referenced in Subd. I, b. of this Section include but are not limited to, the following: a. Posting the site. b. Notification of concerned parties. c. Remediation services. d. Laboratory fees. e. Expenses related to the recovery of cost, including the property assessment process. f. Administrative fees g. Other services associated with assessing, vacating, and remediation of the property. ,n 1015:40. Recovery of Public Costs Subd. 1. if, after service of the notice of a Public Health Nuisance, the property owner fails to arrange appropriate assessment and cleanup within 10 days, the Health and Inspections Department is authorized to proceed in a prompt manner to initiate the on -site assessment and cleanup. Subd. 2. If the Health and Inspections Department is unable to locate the property owner within 10 days of the notice of Public Health Nuisance, The Health and Inspections Department is authorized to proceed in a promp manner to initiate the on -site assessment and cleanup. Subd. 3. The Health and Inspections Department may abate the nuisance by removing any hazardous structure, building or condition, in accordance with Minnesota Statute Chapter 463. Subd. 4. If the City of St. Cloud abates the Public Health Nuisance, in addition to any other legal remedy, the City of St. Cloud shall be entitled to recover all costs. The City of St. Cloud may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special tax against the property in the manner that taxes and special assessments are certified and collected. action 1015:45. Violations and Penalties. Any person violating any provision of .iection 1015 is guilty of a misdemeanor. 7 1 1 VA o v,1 C CITY OF V ADNAIS HEIGHTS ORDINANCE NO. Jb AN ORDINANCE DECLARING CLANDESTINE DRUG LABS TO BE A PtiBLIC NLUISANCE, PROVIDING FOR THEIR REMOVAL AND CLEAN -UP AND ASSESSING COSTS AGAINST THE PROPERTY OWNER, AND \e17 TEE CITY CODE BY ADDING CHAPTER 188 The City of Vadnais Heights does hereby ordain: I. The City Code of Vadnais Heights is amended by adding Chapter 188 to read as follows: 188. CLANDESTII'IE DRUG LAB SITES 188.010. Purpose and Intent. The purpose of this section is to reduce public exposure to health risks associated with hazardous 1 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 tiltfinds that such sites, and the personal propertywithin 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 1 personal property. 188.020. Interpretation and Application. The provisions of this section must be construed to protect the public health, safety and welfare. When the conditions imposed by this section conflict with comparable provisions imposed by another la.w, ordinance, statute, or regulation, the regulations that are more restrictive or that impose higher standards will prevail. 188.030. Definitions, Unless the context clearly Lndicates otherwise, the words and phrases below are defined for the purpose of this section 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. "City" means the city o adnais Heights. (3) „Clandestine dug lab operation" means the unlawful manufacture or attempt TO manufacture a controlled substance. (4) "Clandestine drub: lab site" or "site" means a place or area where law enforcement personnel have deter -pined that conditions associated with an unlawful clandestine drug lab operation exist. A clandestine drug lab site .-nay include dwellings, accessory buildings, structures or units, a chemical clump site, a ve'n cie, boat, trailer, or other appliance. (5) "Controlled substance" means a drug, substance or immediate precursor specified in Minn. Stat. § 52.02, Schedules 1 through V, as may be amended. The tern 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 phaiuraceutical means, and the packing, re- packing, tabieting, encapsulating, labeling, re- labeling, or filling of drugs. (7) "Owns" means a person, Ei:u, 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 a clandestine drug lab site. Unless infoiuiation 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. 188.040. 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. 188,050. 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: (ai Promptly notify the city code enforcement officer; county child protection division, the United States drue enforcement administration, and the site owner about the site and the conditions found: CD) treat, store, transport or dispose of all waste generated from the clandestine drag lab operation and found at the site in a manner consistent with the Minnesota debarment of health and Minnesota pollution control regulations: 9 1 (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 Ithe city code enforcement officer inspects the site and determines the appropriateness of issuing a permanent declaration of public health nuisance; (d) notify all people occupying the site that a temporary declaration of public health nuisance has been issued; 1 1 1 1 1 1 1• 1 1 1 (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 code enforcement officer; (0 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. 188.060. Seizure of Property. When a clandestine drug Iab 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 section rnust be followed as closely as possible given the specific type of property in which the site is discovered. 188.070. Inspection and Declaration of Nuisance. (1) W ithin 48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site, the city code enforcement officer must inspect the site. Such officer may then promptly issue a permanent declaration of public health nuisance and a Do Not Winter- Unsafe to Occupy Order for the affected site to replace the temporary declaration. A copy of the peuuanent declaration and order must be posted on all doorway enhances 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 code enforcement officer 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 - isL;nsafe to ()coup,/ Order; - 1 0 - 4 -7 - (0) see^.on; and information about the a summary of the site potentially 1,n :dons condition of the site; owner's and occupant's responsibilities under this (d) information that may help the owner locate appropriate services necessary to abate the nbile health nuisance P - L....`..,,ti.�,,. n essary (3) Notice to other parties. The code enforcement officer 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 imown; (b) neighbors in proximity to the site who may be reasonably affected by the (c) the appropriate enforcement division of the united States drug enforcement administr ation; and conditions found; (d) other city, state and local authorities, such as the city public works department, the state pollution control agency, the state department of health, and the department of natural resources, that are known to have public and protection responsibilities applicable to the situation. (4) Modification or removal of declaration. The city code enforcement officer may modify or remove the declaration of public health nuisance after the code enforcement officer receives documentation from a city - approved environmental hazard testing and _ 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 justi or removal of the declaration. J ry amendment 183.080. Site Owner's Responsibiiiry to pct. (1) Within 10 business days alter the abatement order is mailed to the site owner, the owner must accomplish the following: (a) provide the city code enforcement officer, in writing, with: 1) confirmation that all persons and their pets have vacated the sire; the site dun the time 2) the names of ail c;;iidren who period the clandestine owner believes were the residing at - he c.andestine snag lab is suspected ro have been at the site; and Tubiic _;exit f; cor 'r— .,anon :her the sire sumo„ is ompie_ abated as - ^tire„ 11 remain ;acared and seared antii `he s seouon. 1 1 1 1 r 1 Co) contract with one or more city - approved environmental hazard testing ^i °an fit- Uni.s io conduct the following work in accordance with the most current state gui deletes. d 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 a complete clean -up of the demolished site; personal property in the) site that i found to have been afS ect d by the approved and t ons atpthe site; all 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 testin.g, 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, the personal property in it, and all property and soil in proximity to the site. (c) provide the city code enforceiilent officer 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 (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 section 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 code enforcement officer written documentatin of the lean-up, including a signed statement from a city - approved environmental hazard testing a.ndccleaning Ern that the site, all personal property in it, and all property and soil in proximity to the site is most current state guidelisafe for human occupancy and use and that the clean -up was conducted in accordance with the nes. - 1 2 - 9 188.090- Site Owner's ner'S R °SDORSibL1T'.' 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 nte, Stine 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) process; expenses related to the recovery of costs, including the special assessment (5) laboratory fees; (6) clean-up services; (7) administrative fees; (8) legal fees; and (9) other associated costs. 188.100. City Action and Recovery of Costs. (1) If the site owner fails to comply with any of the requirements of this section, the city code enforcement officer is authorized to take all re, public health nuisance inciud n reasonable actions necessary to abate the and cleaning firm to conduct the work outlined section 846.036 i v ro authorized to provide nmental hazard testing P ide a copy of the declaration of public health nuisance. Such order is also mortgage or lien inter gists in the affected site. ante co the holders of (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 he site or the personal property, the to remove or demolish the site, structure or building and dispose of the person& in it. These a _ P he city is 463. h s actions must be taken in accordance with the provisions of i�fin*t, S atl Ch c uai costs plus :he city abates the public health nuisance, the a capon to additional 25% or such costs for str tive and dllegal to recover se in d �� any O - 0 9i., .OZ administrative ail oI 1ts }' Ther :e -� The G':1_'71S 321`, ' add-it -1 or Ov ny g31 . edy, e city may recover t civil ct X11 .againar . e -seine the costs against 2.7e Sit°, . OV O05 s Oh :r e y a against t as a lien sg� seer, :he orooc— ' and =ri: hi.e aim :g the - 1 3 - - 0 1 1 1 1 1 1 -.0 It same to Ramsey County for collection in the sarne manner as ad valorem taxes and special assessments. 188.110. Recovery of Casts 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. 188.120. 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. 188.130. 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 code enforcement officer. Consent to remove personal property may be granted at the reasonable discretion of the code enforcement officer, 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. - 1 4 - Little Canada sire Department, Inc. 325 Little Canada Road East Office: (651) 766 -4057 Little Canada, Minnesota 55117 Fax: (651) 766 -4092 MEMORANDUM TO: Mayor Fahey & Members of the City Council FROM: Jim Morelan, Fire Chief DATE: June 29, 2004 RE: Little Canada Municipal Code, Section 602 Prohibition of Fires or Barbecues on Balconies or Patios Attached is a proposed amendment to Little Canada's Municipal Code regarding the prohibition of fires or barbecues on balconies or patios. This amendment changes our current code to make it consistent with the 2003 Minnesota State Fire Code that was adopted by the Council in February 2004. The Building Official, Fire Marshal and I have reviewed the proposed amendment and recommend its approval. CITY OF LITTLE CANADA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 602 OF THE LITTLE CANADA MUNICIPAL CODE RELATING TO PROHIBITION OF CERTAIN OPEN FIRES ON BALCONIES. The City Council of the City of Little Canada hereby ordains: Section 1. Section 602 is hereby replaced in its entirety with the following: 602.010. DECLARATION OF POLICY. On February 11, 2004, the Little Canada City Council adopted the 2003 Minnesota State Fire Code including Appendix "H" relating to the prohibition of fires or barbecues on balconies or patios. The purpose of this appendix is to prevent tragedies from occurring as a result of such activities. 602.020. OPEN FLAME PROHIBITED. In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet of the structure. 602.030. FUEL STORAGE PROHIBITED. No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 602.010. 602.040. EXCEPTIONS. Listed electric or gas -fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the Fire Chief. Page 1 of 2 Section 2. This Ordinance shall take effect and be in full force from and after its passage and publication. Adopted this day of , 2004. ATTEST: Joel R. Hanson, City Administrator Michael I. Fahey, Mayor Ayes: Nays: Page2of2