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Home My WebLink About2003-06-03 P & Z Agenda r tervif{e 'Lstab{L<iiuf 1857 PLANNING AND ZONING COMMITTEE MEETING AGENDA TUESDAY, JUNE 3, 2003 ) 1\ 6:30 p.m. . . ~ I' ~0 ~ \)~ V CALL TO ORDER " JjJ" '~J ~ '\ . I \ .;; I k .""yU ~ '" ," " 1. RoD CaD . {Y' #:~v>V~V PUBLIC HEARING (S) / \.' / " :-7:?t- "..r: Mr. Rick Carlson Request for Rezone from R-l to R-2 (PUD), Lot Iv Combination, Preliminary Plat & Comprehensive Plan Amendment I ,J) Advancing the Development StaginglDate for Anticipated Development ~ I 'V ; (MUSA) from 2006 & 2011 to 2003 Associated with the Proposed Hunters )1&'1 I -' f / Crossing 2nd Addition Phase I & II Subdivisions ,n n tt ;.\Y" I U ,Op ~ V Ordinance #31 - Providing for Licensing and Bonding of Individuals, Firms, l~~ I if' . I \ V / Corp., Contractors and Subcontractors \P' 1 . ~l \&. Ordinance #49 - Noise (Old language in Red & n~~.,anguage in Blue 1 ,0\J underlined) ()Jf~ 1~~" p.o<!c iJiJb't..rl(e,v -q 4. Ordinance #76 - Adopting the ~innesota State B i1ding Code . Q./ /' ,.' : llL APPEARANCES ~ l:vJ~/ /.Azr.Ja. - \J>>j ~(LN" 1 L II. IV. OLD BUSINESS V. NEW BUSINESS VL DISCUSSION ITEMS VII. CONSIDERA nON OF MINUTES 1. May 6, 2003 Planning and Zoning Meeting Minutes ,~~/'~ VIII. ADJOURNMENT / ~,\~ . . STATE OF MINNESOTA COUNTY OF ANOKA \09 ~\\IJ\ n ~ ;; '~l~' -1(v1.~~"V~ 'EstaG{isfiei 1857 CITY OF CENTERVILLE NOTICE OF PUBliC HEARING RE-ZONE FROM R-l (RURAL RESIDENTIAL) to R-2 (SINGLE FAMILY RESIDENTIAL) PLANNED UNIT DEVELOPMENT (PUD), LOT COMBINATION, PRELIMINARY PLAT & COMPREHENSIVE PLAN AMENDMENT ADVANCING THE DEVELOPMENT STAGING/DA TE FOR ANTICIPATED DEVELOPMENT (MUSA) FROM 2006 & 2011 TO 2003 ASSOCIATED WITH THE PROPOSED HUNTERS CROSSING 2ND ADDITION PHASE I & II SUBDMSIONS NOTICE IS HEREBY GIVEN, that the Plaoning & Zoning Commission and the City Council of the City of Centerville will consider Mr. Richard S. Carlson's request to Re- Zone, Lot Combination, Preliminary Plat and Advancing the Development StaginglMUSA from 2006 & 2011 to 2003 associated with the proposed Hunters Crossing 2nd Addition Phase I & II Subdivisions. The meetings will be held on Tuesday, June 3,2003 & Wednesday, June 11, 2003 commencing at 6:30 p.m. or shortly thereafter. The meetings will be held in Council Chambers at City Hall, 1880 Main Street. A Public Hearing for Re-Zone, Lot Combination and Preliminary Plat was held at the Planning and Zoning Commission on May 6, 2003 and the Commission recommended approval of the Lot Combination and Preliminary Plat to City Council. No action was taken on the Re-Zone request at this Public Hearing: A Public Hearing for Re-Zone, Lot Combination and Preliminary Plat was held at the City Council meeting on May 14, 2003 and action was taken to continue the public hearing until June 25, 2003 at their regularly scheduled meeting. Mr. Carlson has signed a 60 day waiver allowing the City additional time to consider the above stated matters. All persons interested are invited to attend and to be heard orally or in writing. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional information. If you desire, you may e-mail: ksvkes@centervillemn.com L ____ . or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centerviIlemn.com. City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received prior to 4:00 p.m., May 30,2003. May 15, 2003 Teresa Bender, City Clerk Published in the Quad Community Press May 20 and May 27, 2003 . I I I I I , I I 1 I -- .. ' IS .;--. ..{l....~. .'. ~~W"-"' , . . .' ;- 2006 .... ^.._....,..,..,.,~ -_.,..,~ ..,,""~~, .~ ''"";"'---.,~_.- 2011 i ~~--"""""-""~'.. ._.~~.~.........~ "",..",,,...-,,,,. 1_ ,4'0"6\ ( riiWIG'Q3 , \ f ..<,----!.~5-/ ervi[[e 'EstaDll.sli..1M? 1880!MPinStTUt . Ctnteroitlt, 'M!J{ 55038 Mr. Walter Prachar or Current Owner 6756 Centerville Road Centarville, MN 55038 'J,5..P{)'t,7f>GE ,~ 2f(a> t -~.,-';"~n fl? 7' " ;i&-,:o..< 1-, U.V . ~ ; ,I Hi-,,;::P ,5,;.)' " /'-C\C?'. /0 0'\ ( M~Y16'03 ) ;' \'" t'" ./" --~,_/ ctervi[[e 'DtnEfdwf 1M? 188{) !Mdin.Strat . Cenltrvi!k!M9I[ 55038 Mr. Richard S. Carlson or Current Owner 6813 Centerville Road Cenlerville, MN 55038 U'S.P03TAGE: *1 ""~1/,.; ~ ,9' "/ A~' 7'. '* ~~TE: :.:~ . i f ~/-~)G" ('~",160J 0) '. ./ ",L~/ ervi[[e 'EstaDll.sliea1M? 1880 MainStrut . Onteruilli!,:a.&( 55038 Mr. & Mrs. rhomas Wilharber or Current Owner 6849 Centerville Road Centerville, MN 55038 *':Jw "S.?t.'St:.Gl:~1 "''''''fi'O n ' 7 > $."J;: ,} J :- I~ "CT€" ~2 '/ i ... - - - "-~~-.h~Z;;;:;[ci;~g;;~~:~~-iIt::3Y~::2&';;:&~~:o~~~:~::;;;:,:=,/:. /'-\:,;-2'" /'0 0\ , , \ M~r16'o.3 1 i. I \ < , ",""/ '-.....- tervi[[e 'Estab(U!iu{ 1M? 18809v(ainSfTEet . Ctttttrvilk, M9( 55038 J.E. Schwartz or Current Owner 6882 CenterviUe Road Centerville, MN 55038 .:;", u,S'POSl!',GF.,!-'/ ;:'~ff0 :; ''':';'''IJ 0 7 7 ' ; 24( .J I . ~I , ;1 !-1i~F.;n:" Hi'l ill f '~l /~G...>.. ~-<', o. ( f!~Y16'[J3 ) \J "- "..1 -.......:...:.. . 1880 MainStrtet _ CenurviIk. 'M!J.l55038 Mr. & Mrs. Kenneth Vanderbeek or Current Owner 6892 Centerville Road Centerville, MN 55036 US.POS:;j,ll.lE "'I ""'~.~0 1'< y,1J",0 U' 3 7 : ~ -b<.h - - ;\ ~f.l,l;;i'ER ~~21~1 ; 1:lil. iW T~~~:~%:i<-i;;",~~~~' ~G-'" (""6'03) ~~/ ,,: tervi{{e 'EsUWftifiu 1ffi7 1880'MainStrut _ Cmteroifh, 'M!Ji. 55038 Current Owner 6903 Centerville Road Centerville, MN 55038 !l.S,POSTAGE *1 ~fI~ *) j:"">,,0 0 3 7 - " @=h .' I .!I H 1~;::,ER ,~, 14' ;,; (~-U-G?\ W,'i'15'03 ) \ " '-'.:C,/ 1880 <MainStTUt - Cmtlroifh, 'M!J{ 55038 Current Owner 6851 Beaver Pond Way Centerville, MN 55036 \!.S.PGS,>I(;E ","'?j'l ~rj~~o 0 7 '7 , ~ ,J/. Hi"'.'!;;?l /G~ (11i50}O) "----..:,~/ 1880 ~ain.Strtet - Centl1T1iIk, 9ofJ{ 55038 Current Owner 6857 Beaver Pond Way Centerville, MN 55036 lJ,S.P1.lSTI<G::;: * ~;:T:1L ~ ;&;~O 0.3 7 : ~ ~., >< " iHif:'lE:> ~5::1"'_1 /\.r-;::.~"',,- /<, ' ., 0\ , )' \ 1~!;Y1G'03 \'-l..2"::.lrJ tervi![e 'EstafiUfw[ _ 1880 S\!ainStreet .. C~ntuvifft, 9of!J{ 55038 CUrrent Owner 6865 Beaver Pond Way Centervilla, MN 55Q38 ""'f'@) UZ.I'OSTl\GE ~l '~$ti<:~00"7' ;j 7~..{.j '"I . H ~_~ ETEfl 1 S" t 1.1 1 '" .;-~=Ii&';:'!:HN;~';:<f:;;:'~.1lZ':;;:':~':':';;'; ";:)(;", /j, 0\ ('I<I.J16'0.J) -,.:.:...:1....../ erviCCe 18809>lainStrut " CrntervUk, 'M?l. 55038 Current Owner 6868 Beaver Pond Way Centerville, MN 55038 ~".' !ls.r-m:::n.r.E ':l"1 --:f"!':") 'It j,~~On37: ; "''<1, '. $1 Hr,oiCTf., ,'d;1: '" f/~J-iJ" (0 0 ( WJ16'03~ \ J "'''' / ------" erviC[e 1880 MllinStn~t .. CrnUT'fIi{[" 9of!J{ 55038 Current Owner 6871 Beaver Pond Way CenteNiJle, MN 55038 I.JSP'JS,i;G" Nj ;J?~ :; 'f- '<<".0 n -, '7 ' ",I 0...( ",J f' ;; ;.1 1\.1[;:,(," ,<;;:1~ I ;" /'\,IG'-' /<'- 0\ 1 MMI6'[)3 ) ~ J \'<..,:...::.....-/ terviC(e 'Esta6fisli.ei 1&57 1880 UainStreet .. Centovif(e, 9If9{ 55038 Mr. & Mrs. Hector Gaeta or Current Owner 6874 Beaver Pond Way CentelVille, MN 55038 ~f.4FJ) U.S-1'OSTAG€ tj :;gJ"('.O 0 j" 7 : ~,' .:::..v.,._ ' '" H'.'=:,T~, ~<;~1<i' ;! ,=;;. tervi[[e 'Esta6&fi.a 11157 18S0MainStrUt . C~r1t1:rVi&, 9.fjI[ 550J8 1880 !Main Strut . CmUroilk, M'J{.. 55038 1880 MainStrut . CtttterviUe, 941( 55038 Current Owner 6879 Beaver Pond Way Centerville, MN 55038 / -'~jG~" ;..{, o\. 1\' ) HA\'lC'OJ . " / ~/ ~j,S.PM',l.J,GE */ ~ * ...,'.1;"><':' ~o n 7 '1 . ~, '~b ,-,.J/'"ZI fip,:,:TE2 j;,7"41 ;q Purmort Homes or Current Owner 6880 Beaver Pond Way Centerville. MN 55038 /'0-~ /0 0 ( '''''6'03 1 "'1", \",,</J --...-- \:.S.P{lSTt.GE *1 :>f.J;1) ; -''"'''''0 n ' 7' . -;::J;:...,j L.j . "I -:1~~r.:T!?;i' ::21<11 t .-/;j--0~ /,t' I), ( W:{1S'iJj ) \ I \,.!..~_/ \1.S.\"t,sTi:.t;<: "'1 ~~?)-, . ; ;t:.-(~~ 0 \1 :'~ 7 : ~_ 1 "'A~ --'f [,1 ~,,;:::,,? j ~'.! 14' . ~l 1880 ~Strut . CenttnJiIk, !!tf':!rl55038 L Current Owner 6883 Beaver Pond Way Centerville, MN 55038 Current Owner 6884 Beaver Pond Way Centerville, MN 55038 ('0'\1 G '~\ (, ",il6'03 ) "'''-!.!.:!:-/- l:.~.MSl',~GE .,. ;:tJJ2 ~ 2t",~OD 3 7: Z ~'- d, . :., Hi-i!ol'i."i'11SZI/.j ,- 1880 !Main.StmJ; . Centt.roifh.. 'M9{ 55038 Current Owner 6887 Beaver Pond Way Centerville, MN 55038 /\JC--", ( ":~{JW1fj'l13 0\) \ I '. _t.~;._..../ 18809>1ainStrut. CtnttroifU,'M9{55038 Current Owner 6888 Beaver Pond ':Nay Centerville, MN 55038 tervi{{e 1:sta6Iisfi,. 1857 1880 9lain Street. Centmlifft, '}.fJ( 55038 Current Owner 6891 Beaver Pond Way Centerville, MN 55038 Jf:P"Sf.M;E *1 :'f:~ ~ J,Y', '"""0 0 ' 7 : ~I ~:s^..f, .J <, " '~'.';:-1F~ . ~ 1,,' * =-~:n'Z'~:i""~';'j:::~"f;D;;'t,~_~'~""'<iZ~ /,(ciC\ { fiAf15'LlJ ) \ / '--L:.':>./ (is.('",iSTAGE "'1 ~tB~L ~ \:Y't'.~O 0 "7 '1 - '" ::/j:.,...( ,,) I ' : H !,'",TER 15~1~ ~ :! .,...-;j-c,-...... /,:- c~\ ( ',[\1)5'03 ) \ l \..---.!.:.,~~':--/' 'f~,.;;J';';O:' ~II " " liME,!::!, '.~ ',~1 ~ 1880 9d<l-in.Struf . CmturJi[[e, '1If'J{ 55038 CUrrent Owner 6872 Deer Court CentervilJa, MN 55038 ....;.,.,-"-=.-.._-~,-."-,.. - ,-//iJ~G>"""~ (.)-' 0\ 1 n,~Y 1 ()' 03 1 \ i \<.:,~'-'_/ >~ -~"~'.. ~~ ~~'';''~';j;;~~~;;' ""frp~"., ll.: P[,fiTM" gi -," <e""n 'J 7 '7 . ~j :;:;$; / U ( ",' ','I' -'-Y~.b .v ;;. i-I.',~TE:;; '..i1 "" tervif{e 'EsbJ!iisnd1E57 .,-~.... f/IJ G',"" /V' 0' ( [';'<.':'15'03 ) ~",->/ 1880 MainStrut . Cenurvifk, tJd'!J( 55038 Current OWner 6873 Deer Court Centerville. MN 55038 _ U,$,p(\!';r",GE *\ ~?;~2. ~':l -'~:Jf'O '" 7 ' *..1 ~,,,\, . U..J! . ~ ,!tl HW:;:n"p F~r" ",j ervi{{e 'EsbJ!iisnd 1S57 ",--~- /",; U G-d\ { ;.f"~"6'(,3 )' \ "'" J "'''~(.~>..;/ 1880 MainStfUt. CelUerrJiIk,!M!J>{. SSOJ8 Mr. & Mrs. Dave Berkowitz or Current Owner 6877 Deer Court Centerville, MN 55038 " iJ:O,H.lST$E-rr1 ~-t@ ~' "')_?"~""Ill' 7 7. "'I 2:'Al U U.J ";~ :!C.'i."!,:,, ::Ol~: ;;j /"'-~,) 6""-, u. n\ ('lihYlC'Oj' ) ........._~ ~ >'-'~/ 1680 UainStrttt .. Centtroi/k, ~ 55038 Current Owner 6878 Deer Court Centerville, MN 55038 terviI{e 'Es~11J57 ,."....;'j'l;.'...... I.~'., 0\ .' ,. ( lii,i'lo'O} I \ j \,~.~,'. '-<,.// 1880 Mai1IStrut .. Cmtervi/k, M!Jr.f. 55038 Current Owner 6881 Deer Court Centervllle, MN 55038 ",,:CoB) :"s_l'ijSrP.'~E: 'j0CY"U 0 7 '7 " &1~'...b .,). " Ii "::y~~q ',J ),J1 ~, ~_"J"l''!!:!I:.~,,"-r;',~i:'i;Iii~':::;:;;:;;' '],~.rf:STAGE' t,J 5~~n '7 r7. $1 &. ( U O,~, / . ,I k, :.:/ Hi!EiC!; j;,2l,11 '" tervi[[e 'EstaE{;,&,{ 1857 /.~.j"G"", f0 0\ ( '''1'16'''' \ \ ,'ill 'U.J ) \ .' "'-',l..'--'-o.// 1880!Mafn$tr'ett 010 Centt:rvilk, ~ 55038 Current Owner 6882 Deer Court Centerville, MN 55038 ,.'---0'[;.... " 6' (''''"6'03 ) "'L~yJ 1880 :MllinStrut 0 Cen~nJi{(e, <Jvf!J{ 55038 CUrrent Owner 6B85 Deer Court Centerville, MN 55038 'J.G.P~)~,MH2 "'I ~~ n7 .; go,,? 0 c,o 7 ' :1 . "',,--- ."" ''! d ,. .._ ,I'." ,~~., L < -" -==."~";::-';;~=1'~-""'-""':: 11S.P!lSiAGE * *~ > ....;;:2Y\;':~U"u OJ 7 ' ;; @~ . '! * HH~,E~ 10"11\1 ,\ ("'''''\J'-G'~'''''' /-.;:. 0\ ( ,,,,,6'03 I \ I ',:", / "~--_../ 1880!Mian Strut. Cmuntifk, 9.f9{ 55038 Mr. & Mrs, Michael Swanson or Current Owner 6886 Deer Court Centerville, MN 55038 U.':>. i'OSrA:JF: '~I ~f?) ,? ->~"'O n 3 ", ;:1 ~., u,.. I. ~ :'( . ~""-~'-" f{ d...E._, ._, ,,_ . ~, /-'"\J--G~'. /+ 0\ , 1 t MAY1S'O} ) \"..,l~~~,,.../' 1880 'ltfain5trut " CtntnWk, <M!J{ 55038 Current Owner 6890 Deer Court Centerville, MN 55038 -C-~'-""."""'.:2:"~-'~"'''~_> _"""" lJ.'i'.P(':STN..it *1 ;i~~\"" .~J }",]" 0 0.3 7; ::1 HM,;Tf"::~ ~<;;~~1 :1 1880 j,{ainStrut . Ce1fuT'llifle, <M!J( 55038 Current OWner 1608 Hunters Trail CentE:3IVilfe. MN 55038 /U(;-l /~ 0 (::~~ \.!.!:.",..srAGI!-I<j ~~ : ~"'''''O 0 7 7 . * 0';-- .J . ~I i' ~.1'ZTER '~;'4 j Zj tervi[[e 'BtaK"'{'d 1857 le80~StTUt.. CmUT'IIifle, ~ 55038 Current Owner 1616 Hunters Tran Centerville, MN 55038 /\J-~ (( 0\ 1'II~n6'03 ) .....!Il.l / '-.~--- --.._'""':,!..~~~~/ LlS.POST.tG" ~4, X'70 0 77' c&...:, .J. HM:;:iT,,:"~:.j1 1880 9lain Strut.. CenteT'llifle, ~ 55038 Monarch Homes or Current Owner 1624 Hunters Trail Centervi/le, MN 55038 (.<J[J--.'-_'" 10"""'0') \ ""I.t) J \ "'~.J..~.~~~. uSrcSTAGE -:"1 ~:r~) ~ -';-)Y"i;;.C:lO 0 7 ". "I 'Cit;~t 1.0 ! . ~l fO 1,\;::1::" ',,';> 1~ 1 ~'-I tervi[[e 'EstabtislidM57 1880 Mai/r.Street " Cmtervilk, M!J.f.. 55038 Current Owner 1638 Hunters Trail CenterviUe. MN 55038 /1:-0-03) \ 1""15'03 ,-"" / ....-.:..;../ U,S.i'05T,>.Gl; ~~2 ~J:rO D.3 7 : . ," H 1,1. "",<.1" T '; 1 ~.: 1 " ervi[{e 'EstaOfisf"a l8S7 18809d"ainStrut "Cen.urvi/4, 1.f!J{ 55038 188a MtIin.StTut ~ Cerr.ta'!li!k,!M5I( 55038 /\JCJ"\ /^<' 0 f Ili,V16'O-j)' \ . \"'~_:..'.;^f/ Current Owner 1646 Hunters Trail Centerville, MN 55038 (tS.?liST"G~ ""! 1",.iifI!.;?;n n 77 rl 0" Ii U.J . 'I or.;., -I< H~.H:Tl:'" ':;~l.:!l ~I ~.ff'~~~'"'~'--~"""~ZW;:~~"';;;"~::;;""''''~'~~:;:;;;;;:;';~\,:::;;:,,;l~:;:;;;~'-;~;:;;:.: /--:-:--" /',>, \J G"o' I ., \ 1'1.1,\'16'D3 ) \, " '.' /~ ",,:,,~-~....,.. Current Owner 1654 Hunters Trail Centerville, MN 55038 _"""";5) n';.Fi"lS,c\'[iE ~j ~$WY"n() 77' ~I :Z:.,.\,. U l.J . ~ " :~ ,,~r:ltll ,~, 1,li II tervilfe 'EstaOfis!id WS7 188fJ!MainStrett eCen~9A9{55038 1880 !MainStnlet ~ C~ntlrtJi{(e, M'J( 55038 ----..... /;~'U G";) , ' \ \ M~\'16'03 J \" " / ......:.,,_.:/ Mr. & Mrs. Kevin Selander or Current Owner 1662 Hunters Trail Centerville, MN 55038 //;j'c'''~ 'Y.'- 0.. Ii,'". '" )' _,IJi,Y1!i'G3 _ ',,-,,:J.>./ Meadow View Homes or Current Owner 1668 Hunters Trail Centerville, MN 55038 -'Y.:-."~C~'-'>:';;-!i"1!!'-:''' ~:.,.,.;;:_'5! v-s FO'C,Tt;GJ;" ~} .-'8;;"[ "Ii ",'."n C 0 7 ' 'I {i~( u U.0 . t ,,:'~E.H::, "~1~1 ;! iJ.~_rC:::;U,GE irl *! 0.37: iii id K~,C:H:R'G7<1.~ ~n ,/"":j-i;'--,\. /'-;;"- 0\ ,I \ \ Vo,W1G'tl3 ! " ! \."....~L"~.~,,/ 1880 !MainStTUt . Cmuroilk, 'MJ{ 55038 Robbie Construction or Current Owner 1671 Hunters Trail Centerville, MN 55038 U.~.roSTAGE tj ro: -;' 7 . ; u." ,~ , t-j fI'';,,'iTi' ";Ol.;i "'I /'-<j~(:,'", t~ - 0\ t \ fl\i'lS'Q3 ) \ ' '-~~_..,/ 1880 !M4in$trut . Cmuroilk, 'JI{<J.(55038 Mr. & Mrs. Josh Wlaschin or Current Owner 1678 Hunters Trail Centervllle, MN 55038 ._ (l,':>,F(lSr'\(;E:t! ~'i!Js,,'J n'7' ~I @..( l ~.,j - t.. ''.~ltO'cP j;;]~/,i ~l /'~r-(,::-", /z' 0\ ( ;:\'(15'03 ) " ': ,J ..- -...:..;..:..:/ .teroil[e 'Estahl1iiei 1857 1880 MainstrUt . Ctntmlifl~, fM9{ 55038 Current Owner 1681 Hunters Trail Centerville, MN 55038 !,..s'f>05T'W:;:"',! :::;S;W ~ ~+~~~;-~U(l77' ,~ erg,( v,J '~;I " H >.;:;;-;";:;.': '~~1,t1 ;. /;:'\j--(>~ , ' \ ':.\'116'03 ) ~':'-/ 1880 9,(aiJl.Strnt . Ct'/l.ttTlrilTt, 'M'J{ 55038 Current Owner 1686 Hunters Trail Centervilfe, MN 55038 l -.- .".- '~':-~'.'.:-"J?'-'"~.'":",-"~c:---'"- . _""~".__.,.,.."~_ '_'''_._',~__~h'"'___"'_'''_' nS.?OSTAGi: ~'1 '111J!(",O 0 ., '7 ' :1' ~".~" .J f . -;. - -- ,~- < fH~~rf'i" rr;~14~ tr ,/;j' G'~' j<" '0\ f !1~\Yl5'DJ ) \"i::.'-/J ,;tervi{{e ~M51 1880 Mahr.Strut . Cenurvil1i, 'M!J( 55038 Career Homes, Inc, or Current Owner 1689 Hunters Trail Centetville, MN 55038 ,,";j;:'".f,?:;"~ (.'.s. )"\t~r'IGE 1:f 'yv(;PO n 7 7 ' "/ ::?.iA,i, U,J I . : :.;:"..-i:1F3 ":;<'4! ~;l "''''''i'''''-~~~==~:.;'<.=:t-::''~~~-''~'''''~'''~'>"'>::;;;J;;;;;;:;;f,~;~:;/iJ;;,,;;;:r;;:;-;:;;,::,;:.;;.,,;;;;;;;::;.~;:;:...:.::::~; ~'/\J'-[;>" /~ 0\ \ HI,118'03 ) \ f ,,-!'y ervi{{e 'EstnE{;,{;d M51 1830 9.lainStnet . CenteTVilk, ~ 55038 Current Owner 1694 Hunters Trail Cenferville, MN 55038 ~H;,PCSiJ.r,!T .t-,I ::~~ ~. ....~. ""-3<0 Or ., 7 ' * "!ib-,.b .,~.:. k M;,Ti;;: ~"J'<11 ~I tervi{[e CEs<ahtulid M51 /\~i-'G>""'... Ie 0, \ f!,AY18'O] ) ,,~::."/ 1880 ?fain Street. Cenkrvilfe, 'J,{!}.[ 55038 Current Owner 1697 Hunters Traif Centerville, MN 55038 tIS.flCSH$!': ;,1 n77" ~ v.J .",. HiicSTr,1',;,-,:, :1 ,,/\J-~ /..," 0'-, ! "", , \ f,~Y1Q 0,) ) '\'''-L:.~/j' 1880 9lainStreet - Cent.eTTliiIe, ;Jv(oJ.l550J8 Mr. & Mrs. Michael Dunne or Current Owner 6907 Tourville Circle Centerville, MN 55038 J!?~;~'~";'" f * . '1 \,~t.TE.R '~n,J! ,~ erviI{e 'Estafiisfid 185'1 1880 Mai1tStrut . CentuTJil4, 9tfN.. 55038 ,,/'0G~", /,~, 0\. . fi~.Y16'G3 ) '. ! ".,../..!~/ Mr. & Mrs. Lawrence Klecker or Current Owner 6908 Tourville Circle Centerville, MN 55038 ..'_"'P""T.""E *.1 ~""'i2 . :';:~~',?)J(I:':O ~,.;~, ~ g\.~ U ,.) I . ~ >11.1;;:;:" :".'1~~ :~i 1880 MainSmu . eentuVi/k, 9of!J.L 55038 Ms. Dawn Sperry or Current Owner 6913 Tourville Circle Centerville, MN 55038 -'~, /u G, /..(- 0\ (,1-1.\\'16'03) '-...!.::> _. ..-.' , ~~v..,;;;;;= 11.$,P<:'5TX;t; :f;:~ :;t"PO 0 3 7 ' ~.:J, .,' Ii ,.":;::,o-ll '; ~ ~ ~ 41 teroi[{e 'EstaEiUh.a185'1 1880 'lIfain.Strut . C~ntervilfe, 9ttJ{ 55038 Current Owner 1707 Dupre Road Centerville, MN 55038 "'.l:d ___~_. ~.__.='==,; /:;'CI(iJ2 ( jY,!15'i)3 " "" ~..,; jp~Ot'.sO'P035;'G~ f.;j 0"t .,' ~ H ','~:E:l 1"~i41 ;;'1 1880MnJnStrut "CtnUroi!h, 9.f9of. 55038 Current Owner 1715 Dupre Road Centerville, MN 55038 /~~:;~ (J:. 0\ \ i~,W1\j'O,3 ) "~1.~~/''''' Ul:.."'G,;;r.~GE ~0~V~ ;.;;7" 0 'u" 7 . ~,'" J .-1 . H M,,;,f.:R lS2~.! 1 tervi[[e 'Estaf{i.sIiet{J/J57 1880S\lainSuut . C~nWllif[e,:M!J( 55038 Ms. Jill DeVires or Current Owner 1721 Dupre Roed Centerville, MN 55038 "'~0-"G>"" (<1" 0\ \, 1{!,Y1S'0} ) "- t / ".__._~J' .,,,.. .J~ ,"ClS'f."e wI :t-liL ;1 -"7""'n 1],7' , 0.,.{ tJ\ v ~ ," FT-' ,-", ~ '" 18809.fJJ.iJ1.Strut .. Ctrtte.rTIifU, fJI(<J.( 55038 Cuurent Owner 1729 Dupre Road Centerville. MN 55038 /<j,,,,- :'<.' - 0\ ( H,',Y'tG'03 \, \ I "',---:~...--'" ~,l~~ LI:;.m:;T^GE ~l '~"""O 0 '"; . *1 &~~ I _,) . <;- * ;~1,12n, ,21'1 fe, terviC[e 'EstaEfishd J/J57 1880 Main Strut 0 CmtfT'Vi/k, 9tf9o(. 55038 Current Owner 1735 Dupre Road Centerville, MN 55038 ""<')-G"'~:\ /" 0\ \ """-"3 J IV, tlu f ~~.~/ U."'-"\'~T;,,:>!i. ~) 'F~JO n 77" ;:t,,.r, U,,) , . H 1.,:~:'i G; ,': 2 I.~ 1 ~,""'=,.',; 1880 !Main Strut .. Cente1tlifk,:M!J.f. 55038 Current Owner 1741 Dupre Road Centerville, MN 55038 /\)-'0 i~ 0\ ( iMI'16'OJ ) \ j '.... }I',j;"/ ~-_.-- "'S!~)2. !).:;,F.:1STN:;E ~1 'i""~"O 0 7 7 ;1 <0:,,,( J"J ~ * f<1,''=T!'::;''':'141 ""I 1830 !Matn.StfUt -. CeJr.tewiIk,!M9r( 55038 ervi{{e 'Estafiishd JE57 1.880 Main-Strut.. CenttrvifU,'M<J.(. 55038 1880 ~ain Strut.. CenteroUU, '};(?(. 55038 (;:c-'''d\ _ HHiG'Q3 ) , / \.."':_'.~1,-_/ Current Owner 1747 Dupre Road Centerville, MN 55038 :~~~ :'~'Od'3GS~7Ii::.E ~I ~;y.' u! -... ~", "~I f:,;~EP ~::: ;~j ,~ /0;:;'-"-. (/""',:,00')6 ,.,j\I,U '" \ ~::~ Current Owner 1748 Dupre Road Centerville, MN 55038 ~,s. ro.JS~XJf.': wi ~fJ) tl ~'j~?U 0 3 7 : 'I --T,,, . '" * :~ M;:::T<,:C ,.,:"~ 1 ... -,----.., ...- U G "'. ('''"'''''''30') r"" ,,-,I., \ ~'..:.~"~./ Mr. Richard S. Carlson or Current Owner 7671 Central Avenue Fridley, MN 55432 ~~~ :_8_ F\)~~~'G~ m ~:~E':O:l,:,' 11 1.880 ~ain Strut.. CenteroUU, 9>f9{ 55038 L /,,,j'c'~ .{-. 0\ ( 'SII6'03) \ "'-.l ---...:..-..----~ Ground Development 7575 Golden Valley Road, Suite #250 Golden Valley, MN 55427 I~.!.'. P()5T_~"E "'1 ~f%1~ :r ,'6'"';''''0 n ' 7 ' . '^, ( j J '"I ~l~::~TS?' :"':;,:1 ~ " tervi[{e 'Btafiislietf 1557 1880~ainSf1ut. C~nu.r'fIi1le, 'M9( 55038 Ms. Lynn Wallin or Current Owner 6805 Centerville Road Centerville. MN 55038 .L! ,'/0';~>'. /,.('.. 0\ I MAr15'03 ) \ j ,~~ }~"./",/ --' D.S,PO"..!.,:>", ,<<..-fC'm 'VYpn 0 7 7' 22'=1, U ,0 - ,i<,:r:::ri::t;> :;,,'(1 ';;*~-'*""=~~~~-'''''''''''Gl~;;;:~;,~'~~;::',:;;;;:-,; 1880 MainStrut . Cm-urvi1U, 9.f2.(. 55038 '<;-""'(' ~ -.' <.J ~ ;...." 0< , \ \ KAY 1, ,,:),,] \ ',- ! 'N --- Mr. & Mrs. Robert Koran or Current Owner 6759 Centerville Road Centervilfe, MN 55038 ,'o"o"i'11 lJ.s.r...;sTt.cE;1 S;%;l~(t~ 0 r' 3 n . ,; 0"l ), I. "II ,~ C,"I-.'=""""_'<" . "".' ","....., 1880 90fainStrut . Cer>t.mJi{k, 'fttJ( 55038 Mr. Keith Kruger or Current Owner 6719 Centerville Road CenterviUe, MN 55038 /'G---G'~-"" /.~" 0\ I "'{"'.3 'J r;,~ I D L' \ \ .",/ "'<._-> -_=-...."".~.,_...,.2'T-i<t~;ft;;;;,:=;_, IJ.E.PCSTAGl: * ~~;>-- ~ Ji'~7~'n 0.3 7 : Z ~;:, ,.. " ~! t'''F~!;;< ~57111 ". 1880 MainStTut .. Centeroi/k,:M!J{ 55038 Shanagh Boyle or Current Owner 6709 Centerville Road Centerville. MN 55038 ",/G"c"'--,,- '0 0\ (111,1]6'03) '--':_<~., ,,,' ""...,.^~- I .,."., ."".,~,,- '"' ",,"'a\ 1< '9?'.... .. " "~""'n n -,,.,. .; l'U 'I'" @", \J,J.. '~I ~ i.. k :fhi.;,:::11C,"',j' "I 1880 Main Strut. CmtuTJilk, 'M'Jo(. 55038 1/~0-0"--", ( '. 0\ \ ";'\v16'!]3 ) "-. !:~! ~/ '--.. " Mr. Richmond Evans or Current Owner 6716 Centerville Road Centerville, MN 55038 ;""~ \~S.!'OSTME ~l ij:}~O 0.5 7 : d --I ~l H iif.'!E'_';~"/"1 ~l ;teroi{fe 'EsuWiidid 11J57 1880 Main-Strut. CenuruiUe, 'JYf'JV... 55038 (~G} ","1603 ) '''-.! " /' --' Mr. Michael Lee or Current Owner 1746 Dupre Road CentelVille, MN 55038 ~..,.... l~S. Pllsrt\GE :';,) ''';'-, "I ~~~,~ O,~:, . il STATE OF MINNESOTA COUNTY OF ANOKA ~ ~~ ~,~ j~~~' V 'Estajj[ished'1857 CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING RE-ZONE FROM R-l (RURAL RESIDENTIAL) to R-2 (SINGLE FAMILY RESIDENTIAL) PLANNED UNIT DEVELOPMENT (PUD), LOT COMBINATION, PRELIMINARY PLAT & COMPREHENSIVE PLAN AMENDMENT ADVANCING THE DEVELOPMENT STAGING/DATE FOR ANTICIPATED DEVELOPMENT (MUSA) FROM 2006 & 2011 TO 2003 ASSOCIATED WITH THE PROPOSED HUNTERS CROSSING 2ND ADDmON PHASE I & II SUBDIVISIONS NOTICE IS HEREBY GIVEN, that the Planning & Zoning Commission and the City Council of the City of Centerville will consider Mr. Richard S. Carlson's request to Re- Zone, Lot Combination, Preliminary Plat and Advancing the Development StaginglMUSA from 2006 & 2011 to 2003 associated with the proposed Hunters Crossing 2nd Addition Phase I & II Subdivisions. The meetings will be held on Tuesday, June 3, 2003 & Wednesday, June 11, 2003 commencing at 6:30 p.m. or shortly thereafter. The meetings will be held in Council Chambers at City Hall, 1880 Main Street. A Public Hearing for Re-Zone, Lot Combination and Preliminary Plat was held at the Planning and Zoning Commission on May 6, 2003 and the Commission recommended approval of the Lot Combination and Preliminary Plat to City CounciL No action was taken on the Re-Zone request at this Public Hearing. A Public Hearing for Re-Zone, Lot Combination and Preliminary Plat was held at the City Council meeting on May 14, 2003 and action was taken to continue the public hearing until June 25, 2003 at their regularly scheduled meeting. Mr. Carlson has signed a 60 day waiver allowing the City additional time to consider the above stated matters. All persons interested are invited to attend and to be heard orally or in writing. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional information. If you desire, you may e-mail: ksvkesrW.centervillemn.com L or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received prior to 4:00 p.m., May 30,2003. May IS, 2003 Teresa Bender, City Clerk Published in the Quad Community Press May 20 and May 27, 2003 Growth Management Plan Figure 1 ]-C ~- -- f 73TdS! ./ 1-," / ;" '.~ I,." o 0.25 0.5 ~ Miles '1- Hunt:rs CfO~S~ng 2n~-~ddition Low/Medium Density . Wetlands High Density Residential k\:d Floodplain l'_,...~ Commercial - - Proposed Trails Industrial = = Proposed Collel;:tors c:::.../ G' :;;"i : ~:. ", . f'.- , . -:T!:t.:~Y.:::~ Nl Public/Semi-Public '" CityH.ll CBD/Mixed !J,c .. Church City Parks '" Fire Department Regional Park Preserve .. SchooJ <.~_. April 1003 40 I I I Utility Staging! MUSA Additions Figure 12-C ~- ,....- '~'-'--... .";:::] ii' , . , ~(:\ '~~--+- --ri" \ .j~-_._g:. "I '-~ ;~arrlWaI ~',::.: -:I.' g".( C\ j SR-''''::''' \' .-.:-1 "I "'" =,.----., ~",-......(I : !~---;---T A?:...~; y!) JI ~t. l '~-:ll ~! ,c;'~;::-c::l~~L. i._. _J___ "IL._~_Qi1!114__~__. J ~r-.:-T. - ':,,:,- . , 'I' ;/ ~~~Sl" '-:'::':";~:'~;':'::-~0;" I l ..( ~. ' ! ]i I cL -__~-,}C ?",;;//<r .I<t/ ' !.,,~).. ,~ P~~.,/ ~- - ~~"":;:;.':,. :.C -':' '" .. 'y.-:, fY . -,--' Sl o 025 0,5 8 Miles Gl!J;terville .. .. .. -rsmiJl4tri/ U~7 '- ----~-~lan ~mendment 2003-1: MVSA changes I:SSJ 2006-2010 to 2001-2005 MUSA change ~ 2011-2020 to 200 1-2oo5.MUSA change Park/Recreation Areas 200 1-2005 Addition N! .' Resource ~... "SI f . ,t"",';"~1IW'I April 2003 Current MVSA :9<;;<, 1996-2000 Addition XXX :& Wetlands Floodplain 2006-2010 Addition 2011-2020 Addition 43 urviffe 'Estnfi1JIi<rfM5T 1880fMPinStTut . coatrrJi{(e, 'M'1( SS038 Ms, Christy Stark Metropolitan Council Mears Park Centre 230 East Fifth Streat SI. Paul, MN 55101-1626 4"'0G") ( . flAY20'03 \0'~'; - (!S.P'05TN,E ~ ~~ -~ ~:<~O 0.3 7 : ~ f; 'H~EKR ~,~1,j1 '" ervUfe 'Esta6l&id l851 1880 MabtStnel . Crntf1Viik, 9.bf.. 55038 City of Uno Lakes 600 Town Center Parkway tino Lakes, MN 55014-1182 /IJ':)' /<.' . 0 ( HAY"Q'G3 \ .., ".", / -""":""'."",,:..r ....................~=,;. (I.$.f'{l5r,~GE "/r *~ -H ';;1"f;<,n 0' 7 ' ~ g;...r, d ,v - % . H HET,,;~ '<;<j.!-i * 1880 ~ain.Sttut . Centtroil/t., ~ 5'5'038 /0JC---' /" 0\ ~ MA'(2J03 ) "I," ,/ --~." Centennjallndependent School District #12 4707 North Road Circle Pines, MN 55014 1880 '.Main Strut. Cutte.TTJiIU, 9>f9.l.. 55038 Ms. Maureen Devine Division Manager Property Records and Taxation Anoka County Government Center 2100 Third Avenue Anoka, MN 55303 """(\"Go.,,, t" 0, '-. >:,1Z"O] ) "--"'\ ./ _...." t!.S.P<..lSTilGE *,1 ~~ ;; "~'Y'O Q7 7 ' . @,.., .J. t- Hi';;::rc~ -I"."'.!] ,..j ""= iJ.~.POSTAGE '" ~iJl.,."n77' " fi!>,{ lJl..J . {( ,t ~ !'.~2rEr1 1,7 'It 1 '" " .~sentervi[[e ;,~:,>._:_<,-,:~~, ' -., " '",,'c ..., , Lstabl1s!icLl 1,\0, PLANNING AND ZONING STAFF REPORT DATE: June 3, 2003 To: Planning and Zoning Commission RE: Ordinance #31 - Licensing and Bonding of Individuals, Firms, Corporations, Contractors and Subcontractors Doing or Performing Work in the City Of Centerville and Providing Penalties for the Violation Thereof. FROM: Kim Moore-Sykes, City Administrator r:;~ ......................................................................... At the May Planning and Zoning Commission meeting, Ordinance 31 was presented by Staff to the Commissioners for their consideration. It was decided that this ordinance should be repealed because it had not been enforced for several years. This lack of enforcement was due mostly to substantial turn-over in Staff that the City experienced at the same time and the newly hired Staff was not aware of its existence. The City Clerk had started the process for the public hearing when the Mayor indicated that he would like the Planning and Zoning Commission to take another look at this Ordinance. He is particularly concerned that builders, contractors and any other businesses of this type that come to the City to do work for residents may not be licensed with the State as required. The revisions to this ordinance and proposed licensing fees do not pertain to existing Centerville businesses. The annual fee of$25 is being assessed to cover administrative costs such as copying, mailing, filing, processing applications and data entry. Staff is also proposing to list any required State license numbers on City permits. It Was also suggested by Commissioner Killian that having a contractor's license number on a building permit would also help the City recoup any outstanding debt on any of its projects as well. RECOMMENDATION Consider proposed revisions to Ordinance #31. Effective: 8/1/78 City of Centerville Ord. #31 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #31 AN ORDINANCE PROVIDING FOR THE gCENSlNG AND BONDING OF INDIVIDUALS, FIRMS, CORPORATIONS, CONTRACTORS AND SUBCONTRACTORS DOING OR PERFORMING WORK WITHIN THE CITY OF CENTERVlLLE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The City Council of the City ofCenterville, Anoka County, Minnesota., ordains: SECTION 1. That it is deemed in the interest of the public and the residents of the City ofCenterville that any person, firm or corporation who engages in the business of building, construction or related work, within the City of Centerville, as defined at Section 4 of this ordinance, shall first secure a license therefore as provided herein. This ordinance shall not apply to persons, firms or corporations who produce a product within the City of Centerville for use outside of the City of Centerville. Application for said license shall be made to the City Clerk-Treasurer and such license shall be granted upon filing with the City Clerk a bond in the amount of $5,000, conditioned upon compliance with the provisions of City Ordinances and the filing with the City Clerk, certificates evidencing the holding of Public Liability Insurance in the limits of $100,000 per person, $300,000 per accident or bodily injury and $50,000 for property damages and certificates of Worker's Compensation Insurance as required by law. Such insurance policies shall contain provisions that same may not be cancelled without ten (10) days prior written notice thereof being mailed to the City ofCenterville. SECTION 3. The License fee shall be $25 annually. Each license shall expire on the '151 day of January after the same issued and shall not be prorated. The fee herein established may be changed, from time to time, by the City Council, by resolution, a copy of which shall be on file and open for inspection at regular business hours in the office of the City Clerk. SECTION 4.Licenses shall be obtained by every person engaged in the following business es or work in accordance with the applicable ordinances of the City ofCenterville: A. General contractors, including those involved in erection, alteration or repair of structures. B. Masonry, cement work, cement block work, block laying or brick work. C. Heating and ventilating. D. Roofing. E. Plastering, stucco work and sheet rock taping. F. Excavations, including excavation for footings, basements and grading oflots. Page 1 of2 Effective: 8/1/78 City of Centerville Ord. #31 G. Wrecking of structures. H. All rences. I. Asphalt work. Nothing herein sball be construed as preventing any such qualified licensee from performing the work by an employee under his. supervision and control, nor a property owner from performing his own work providing all provisions of the Uniform Building code are adhered to. A license granted to a general contractor sball include the right to perform all of the work included in his general contract. Such license sball included any or all persons performing the work which is classified and listed in Section 4 above, provided that each person performing such work is in the regular employ of such general contractor and qualified as required under state law and the provisions of this Ordinance to perform such work. The general contractor sball be responsible for the quality and completeness of all of the work so performed. SECTION 5. The Ordinance sball not be construed to effect the responsibiIity or liability for any party owning, operating or installing the above described work fur damages to persons or property caused by any defect therein nor sball the City of. Centerville be held as assuming any such liability by reason of the licensing of persons, :firms or corporations engaged in such work. SECTION 6. The City Council may issue a variance hereto, Walvrng the requirements of the Ordinance or any portions thereof in the event of a declared emergency and for such period of time as deemed by the Council to be necessary. SECTION 7. Any license may be revoked for just cause after a public hearing proceeded by ten (10) days written notice to the licensee. SECTION 8. Any person, firm or corporation who sball violate any provision of this Ordinance sball be guilty of a misdemeanor as defined by State Law. SECTION 9. This ordinance will take effect August 1, 1978. Adopted by the City Council of the City ofCenterville on June 14, 1978. Walter Parcher, Mayor Attest: Lu Prachar, Clerk. Page 2 of2 > , STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #76 AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE, THIS ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES, (#4-D) AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH, THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS, OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED. The City Council of the City of Centerville, Minnesota, does ordain: SECTION 1. CODES ADOPTED BY REFERENCE. The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to l6B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Administration, through the Building Codes and Standards Division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. SECTION 2. APPLICATION, ADMINISTRATION AND ENFORCEMENT. The application, administration, and enforcement of the code shall be in accordance with the Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, l6B.62, Subdivision 1, when so established by this ordinance. This code shall be enforced by the Minnesota Certified Building Official designated by the City of Centerville to administer the code (Minnesota Statute l6B.65), Subdivision 1. /-,- , , SECTION 3. PERMITS AND FEES. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, Subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the Schedule Resolution adopted by the City of Centerville on an annual basis (See Attachments). In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. SECTION 4. VIOLATIONS AND PENALTIES. A violation ofthe code is a misdemeanor (Minnesota Statutes 16B.69) and Minnesota Rules, Chapter 1300. SECTION 5. BUILDING CODE OPTIONAL CHAPTERS. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 is hereby adopted as the building code for the City ofCenterville. The code is hereby incorporated in this ordinance as if fully set out herein. a. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. Chapter 1300, Administration of the Minnesota State Building Code; 2. Chapter 1301, Building Official Certification; 3. Chapter 1302, State Building Code Construction Approvals; 4. Chapter 1303, Minnesota Provisions; 5. Chapter 1305, Adoption of the 200 International Building Code 6. Chapter 1306, Special Fire Protection Systems; 7. Chapter 1307, Elevators and Related Devices; 8. Chapter 1309, Adoption of the 2000 International Residential Guide; 9. Chapter 1311, Adoption of the 2002 Guidelines for the Rehabilitation of Existing Buildings; 10. Chapter 1315, Adoption of the 2002 National Electrical Code; 11. Chapter 1325, Solar Energy Systems; 12. Chapter 1330, Fallout Shelters; 13. Chapter 1335, Floodproofing Regulations; 14. Chapter 1341, Minnesota Accessibility Code; 15. Chapter 1346, Adoption of the Minnesota State Mechanical Code; 16. Chapter 1350, Manufactured Homes; 17. Chapter 1360, Prefabricated Structures; 18. Chapter 1361, Industrialized/Modular Buildings; 19. Chapter 1370, Storm Shelters (Manufactured Home Parks); 20. Chapter 4715, Minnesota Plumbing Code; 21. Chapters 7670, 7672, 7674 and 7678, Minnesota Energy Code The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the City of Centerville, Minnesota State Statute 1306, 1306.0020 Subpart 2, and 1306.0030 Item E, Option #1. Adopted by the Centerville City Council this , day ofJune, 2003. Mayor, Terry Sweeney City Clerk, Teresa Bender Published in the Quad Community Press on ervi{{e 1880 Main Street . Centervu(e, :M'J{ 55038 (651) 429.3232 . 'Fa;c (651) 429.8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #03-034 FEE SCHEDULE FOR 2003 This Resolution repeals Resolution #03-002 previously adopted on February 12, 2003 & Resolution #03-015 adopted on March 12, 2003. THE CITY OF CENTERVILLE RESOLVES: Section 1. The following fees for indicated sales, permits and licenses are approved: TITLE FEE Adult Establishment License .... ......... .....................:................ $250.00 Animal At Large Release Fee 1st Violation.................................. ................................. $25.00 2nd Violation................................................................. $50.00 3rd Violation ...................... ..... ....... .............. .................$75.00 Animal License (Dog, Cat, Ferret) Male or Female............................................... ............... $17.00 Neutered or Spayed .......................................................$ 8.50 Kennel License.............................................................. $27.00 Administratively Pro-Rated Antenna Permit Application Fee............ ............ ............ ....... $1,575.00 Assessment Search....,......... ...................................................... $21.00 Bingo Permit............................................................................. $16.00 B 'Idi P . S Exhib' "A" Ul ng enD1ts .................................................... ee It Charitable Gambling: Investigative Fee............................................................ $53 .00 Permit Fee ...................... ......... ......... ......... ...... .......... ....$21.00 Cigarette License...................................................................... $80.00 Comprehensive Plan Amendment......................................... $3, 150.00 Commercial Rubbish Collection License Fee ..........................$260.00 (Exclusive to Commercial and Industrial Businesses) Council Chamber Rental....................................................Group I - No Charge ...................................................... .................................... Group 2 - Voluntary $11.00 ..........................................................................................Group 3 - $26.00 per hour Damage Deposit.. ................ ...................... ..... ........ ................. $210.00 Dance Permit......................................... ................................. $1 05.00 Electrical Permit Fees............................................. See Exhibit "F" Filing Fees............................................................. ................... ..$2.00 Fill Permit ....................................................... ....... See Exhibit "B" Final Grading and Landscaping/Sod Escrow........................ $1,500.00 Gr d. p' - S Exhib' "B" a mg ernnts ..................................................... ee It Liquor Licenses: 3.2 Beer Permit - Special Events ...................................$35.00 plus $5.00 for each add'l day Off-Sale Liquor............. ........... ...... ....... ...... ................ $100.00 Off-Sale Non-Intoxication Liquor................. .,. ....... .......$20.00 On-Sale Liquor...........................................See Exhibit "C" On-Sale 3.2 Liquor. ............. ......... ....... ........................ $250.00 Sunday Liquor License ............................................ .... $200.00 Wine License............................................................... $300.00 Lot Split........... .... ................................ .... ............................... $185.00 plus legal fees Maps and Charts (24" x 36").....................................................$11.00 Mileage Reimbursement........................................... ...... ... .......... $.36 Park Dedication Fees - per dwelling unit Land Dedication. ...................................................... $3,000.00 or 10% of Fair Market Value of all property located in the proposed development, $3,000 (whichever is greater) or 10% of developable land Park Ball Field Use - Per Toumament.....................................$21O.00 Park Facility Usage Fees ........................................See Exhibit "H" Permit Surcharge....................................................See Exhibit "D" Photo Copies.................................................................................$.26 per page (one sided) Plumbing Permits................................................... See Exhibit "E" Preliminary Plat Fee -Filing...................................................$2601Lot or Unit PUD Application Fee ..................... ..... ...... .............. ................ $525.00 Rental Certification ...................................................................$50.00 for 1" unit/$lO.OO per unit thereafter Penalty: $50.00 per day of Non-compliance Research Charge .................................................. ..................... $32.00 half hour minimum ..................................................................................... ............ $53.00 for each hour thereafter Rezoning Requests....... ......................... '" ..................... ...... .... $260.00 plus additional expenses Residential Equivalent Unit............................ ...................... $2,000.00 Right-of-Way Usage Fees ....................................... See Exhibit "f' Sauna(s) or Massage Parlor(s) License (Investigation Fee)...... $250.00 Massage Therapist CertificationlLicense ..............................$75.00 (New) RenewaV Annual.......................................................... '" $50. 00 Sewer Availability Charge (SAC) ........................................ $1,275.00 Sewer Utility Billing (Quarterly) ...............................................$49.00 per unit/lO% late fee Senior Discount........................................................................$46.00 per unit/I 0% late fee Site Plan Review Application.... ............ .................................... $75.00 Special Use Permit ..................................................................$185.00 plus legal & engineering fees Storm Water Area Charge (Developer's Agreement) .01546 per square foot Residential............................... ....... ........................................ $2001Unit Commercial!lndustrial.. ... ... ................. ....... ....................... ... ....... ..$.05 per square foot of building, Parking or impervious surfaces Storm Water Management Fee (quarterly) ..................................$5.00 Tattoo, Body Piercing, Permanent Cosmetic Make-Up, Body Branding and Body Painting Establishment License ............................... $250.00 (New) Transient Sales. .......................... ............................See Exhibit "G" Variance Request (Non-Refundable) ....................................... $185.00 Water Hook Up ................................... ............ ..................... $1,500.00 Water Meter Deposit .............. ................................See Exhibit "H" Water Meter/MIU ................................................................... $290.00 Water Utility Billing ..............................................See Exhibit "If' Section 2. These fees shall become effective on approval by the City Council of the City of Centerville. ADOPTED BY THE CITY COUNCIL OF CENTERVILLE ON . .2003. Terry Sweeney, Mayor ATTEST: Kim Moore-Sykes, City Administrator l______ _ _ _ _ EXHIBIT A BUILDING PERMIT FEES TOTAL VALUATION fEE Basement (Finishing) ................................. $75.00 $1.00 TO $500.00...................................... $29.50 $501.00 TO $2,000.00................................ $29.50 ,....................................................................... $2,001.00 to $25,000.00............................. $86.80 ........................................................................ ......................................................-................. 25,001.00 to $50,000.00........................... $489.30 $50,001.00 to $100,000.00....................... $804.95 .................-.............................................-........ ........................................................................ ........................................................................ $100,001.00 to $500,000.00...................$1,242.45 ....................................... -.....,............... -...-... -'. ........................................................................ $500,001.00 to $1,000,000.00 ................$4,042.45 .....,......,.............................,.............,......,........ $1,000,001.00 and up.............................$7,010.94 ..............,...................,..................................... Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - two (2) hours)................................. 2. Reinspection fees assessed under provisions of Section 305.8............................................................. 3. Inspections for which no fee is specifically indicated.. ......................... .............. .... ........................... , , , L-_________.____.__ __ For the first $500.00 plus $3. 82 for each additional $100.00 or fraction thereof; to and including $2,000.00 For the first $2,000.00 plus $17.50 for each additional $1,000.00, or fraction thereof; to and including $25,000.00 For the first $25,000.00 plus $12.63 for each additional $1,000.00 or fraction thereof; to and including $50,000.00 For the first $50,000.00 plus $8.75 for each additional $1,000.00, or fraction thereof; to and including $100,000.00 For the first $100,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, and including $500,000.00 For the first $500.00 plus $5.94 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 For the first $1,000,000.00 plus $4.56 for each additional $1,000.00, or fraction thereof $58.75 per hour $58.75 per hour $58.75 per hour EXHIBIT B GRADING PERMIT FEES GRADING FEES General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set forth in Table A33-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site the fee shall be based on the volume of excavation or fill, whichever is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the Building Official as set forth in Table A33-B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A33-A GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less ................................................................. No Fee 51 to 100 cubic yards (40 m3 to 76.5 m3)................................................... $35.25 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) ........................................ $55.50 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) ................................ $73.88 10,001 to 100,000 cubic yards (7646.3 to 7645.5 m3) - $73.88 for the first 10,000 cubic yards (7645.5 m3), plus $36.75 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 100,001 to 200,000 cubic yards (7645.6 m3 to 15,291.1 m3) - $404.63 for the first 100,000 cubic yards (7645.5 m3), plus $19.88 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 200,001 cubic yards (15,2912 m3) or more - $603.38 for the first $200,000 cubic yards (15,291.1 m3), plus $10.88 for each additional 10,000 cubic years (7645.5 m3) or fraction thereof. . Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-halfhour)............................................................. $75.75 per hour* *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. L_____ _ _ _ _ EXHIBIT B LANDFILL, GRADING AND EXCAVATING PERMIT FEES (Cont'd) GRADING PERMIT FEES* 50 cubic yards (38.2 mJ) or less ................................................................. $35.25 51 to 100 cubic yards (40 mJ to 76.5 mJ)................................................... $55.50 101 to 1,000 cubic yards (77.2 mJ to 764.6 mJ) - $55.50 for the first 100 cubic yards (76.5 mJ), plus $26.25 for each additional 100 cubic yards (76.5 mJ) or fraction thereof. 1,001 to 10,000 cubic yards (765.3 mJ to 7,645.5 mJ) - $291.75 for the first 1,000 cubic yards (764.6 mJ), plus $21.75 for each additional 1,000 cubic yards (764.6 mJ) or fraction thereof 10,001 to 100,000 cubic yards (7,646.3 mJ to 7,645.5 mJ) - $487.50 for the first 10,000 cubic yards (7,645.5 mJ), plus $99.00 for each additional 10,000 cubic yards (7,645.5 mJ) or fraction thereof 100,001 cubic yards (7,645.6 m3) or more - $1,378.50 for the first 100,000 cubic yards (7,645.5 mJ), plus $54.75 for each additional 10,000 cubic yards (7,645.5 mJ) or fraction thereof. Other Inspections and Fees: 1. Inspections outside ofnormaI business hours..................................$75.75 per hour (minimum charge - two hours) 2. Reinspection fees assessed under provision of Section 108.8.......... $75.75 per hour 3. Inspections for which no fee is specifically indicated...................... $75.75 per hour (minimum charge - one-halfhour) *The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. **Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. l _ _ _ _ _ EXHIBIT C ON-SALE LIQUOR LICESE FEES Based on square footage:................................................................ $0.60 per sq ft for interior ...................................................................................................... $0.30 per sq ft for exterior Minimum: ...................................................................................... $2,500.00 Maximum: . .................................................................................... $4,000.00 EXHIBIT D PERMIT SURCHARGE Subdivision L Computation. To defray the costs of administering sections 16B.59 to 16B.73, a surcharge in imposed on all permits issued by municipalities in connection with the construction of or addition of alteration to buildings and equipment or appurtenances after June 30, 1971, as follows: If the fee for the permit issued is fixed in amount the surcharge is equivalent to one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other permits, the surcharge is as follows: (1) If the valuation of the structure, addition, or alteration is $1,000,000 or less, the surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, or alteration; (2) If the valuation is greater than $1,000,000 the surcharge is $500 plus two-fifths mill (.0004) of the value between $1,000,000 and $2,000,000; (3) If the valuation is greater than $2,000,000 the surcharge is $900 plus three-tenths mill (.0003) of the value between $2,000,000 and $3,000,000; (4) If the valuation is greater than $3,000,000 the surcharge is $1,200 plus one-fifth mill (.0002) of the value between $3,000,000 and $4,000,000; (5) If the valuation is greater than $4,000,000 the surcharge is $1,400 plus one-tenth mill (.0001) of the value between $4,000,000 and $5,000,000; (6) If the valuation exceeds $5,000,000 the surcharge is $1,500 plus one-twentieth mill (.00005) of the value that exceeds $5,000,000. EXHIBIT E PLUMBING AND HEATING PERMITS 1. Plumbing Permits A The charge shall be five dollars ($5.00) (not to exceed $100) for each plumbing fixture, device or connection to the sewer or plumbing system, with a minimum charge of fifteen dollars ($15.00) B. For any alteration, repair or extension to an existing plumbing system, where the work is of such a nature that the permit fee charge cannot be determined from the above schedule, the permit fee shall be thirty dollars ($30.00) first five-hundred dollars ($500.00) or fraction thereof, plus fifteen dollars ($15.00) for each additional five-hundred dollars ($500.00) or fraction thereof of the total market value of such alteration, repair or extension. 2. Mechanical Permits The charge for a residential dwelling shall be twenty dollars ($20.00) for the following: . Main Gas Line Piping . Furance . Air conditioner . Boiler . Air Exchanger . Fireplace . Unit heater . Gas Dryer . Gas Stove . General Sheet Metal . Duct Work . Miscellaneous Mechanical Fixtures . Pool Heater A minimum charge of twenty dollars ($20.00) for fireplaces. The charge for commercial, industrial or institutional building shall be: Two percent (2%) of the total cost oflabor and materials of the heating, Ventilation and air conditioning work to be completed. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees. EXHIBIT F ELECTRICAL FEES A state surcharge of.50 will be assessed/charged for each electrical permit. Individual/separate inspection (installation, replacement, alteration orrepair............... $25.00 Services, generators, feeders to separate structures and other power supply resources: 1. 0 ampere to and including 200 ampere capacity ................................... $30.00 2. Each additional 100 amps or fraction thereof............................. an add'l $8.00 3. For services and circuits operating at over 250 volts (Scheduled fee doubles) Circuits, feeders, feeder taps, or sets of transformer secondary conductors: 1. 0 ampere to and including 30 ampere capacity ....................................... $7.00 2. 31 amps to 100 amps............................................................................ $10.00 ea. 3. Each additional 100 amps.......................................................... an add'l $5.00 One-Family dwelling and each dwelling unit of a two-family dwelling ..................... $110.00 (includes not more than three inspections) Multifamily dwelling, the first 20 units ....................................................................... $50.00 Remaining units............................................................................................... $45.00Iunit Electrical supply for each manufactured home park 10L............................................. $30.00 Recreational vehicle site, electrical supply equipment ................................................. $10.00 ea. Street, parking lot or outdoor area lighting standard~ ..................................................... $5.00 Transformers for light, heat and power.......................................................................... $8.00/unit Each KV A.................................................................. ......................................... $.40 ea. Maximum fee for any transformer ................................................................... $80.00 Transformers and electronic power supplies for electric signs and outline lighting... $7.00 1 st 500 VA ............................................................................................... $.70 ea. Add'!. 100 VA Alarm, communication, remote control and signaling circuits or systems and circuits ofless than 50 volts ..................................................................................................$5.00 {OJ 10 openings ........................................................................................$3.00 ea. Add'IIO openings Minimum fee ................ ......... ........ ...... ........ ....... ............................................. ~OO Swimming pool bonding inspection (each separate inspection).................................... S,,25.QQ (Bonding conductors and connections require an inspection before being concealed) Retrofit modifications to existing lighting fixtures........................................................... $.30/fixture Electrical work commenced without filing the required permit.................................... $70.00 or double the calculated fee, whichever is greater Re-Inspection fee (when inspection is necessary to determine whether the unsafe conditions have been corrected a fee may be assessed in writing by the inspector oL........................... $25.00 When inspections scheduled by the installer are pre-empted, obstructed, prevented or otherwise not able to be completed as scheduled due to circumstances beyond the control of the inspector, a supplemental inspection fee may be assessed in writing by the inspector oL............... $25.00 Transient Projects - Power supply fees as identified above, plus 2 hours ..................... $34.00fhour Each attraction or concession inspection.......................................................... $25.00 For purposes of interpretation of this section and Minnesota Rules, Chapter 3800, the most recently adopted edition of the National Electrical Code shall be prima facie evidence of the definitions, interpretations, and scope of words and terms used. L____ _nn _ _ EXHlBIT G TRANSIENT SALES A The following fees for Transient Sales - Conditional Use Permits are: Application Form ............................................................ $5. 00 Transient Sales License Base Fee ..................................$75.00 B. The following fees are additional time period fees: Per day ........................................................ ............. ..... $1 0.00 Per week........................................................................ $30.00 Per month...................................................................... $60.00 Per year ......_...... .................._............................... ........ $150.00 C. The following fees are to be deducted from the Conditional Use Permit fee if granted: Cost of Application Form ................................................$5.00 D. The fees shall become effective on approval by the City Council of this resolution. EXHIBIT H WATER UTIUTY BILLING Water Pennit Fees Service/Connection......... .......................... ..................... $55.00 Tapping Main . ................ .................... ........................... $50.00 Disconnection Requests................................................. $20.00 Inspections (All) .. .................... ..... ................................. $20.00 Service Charg;es Testing Up to 2" Meters.............................................................$25.00 Up to 3" Meters. ................................... ......................... $30.00 Up to 4" Meters.............................................................$35.oo Up to 6" Meters .............................................................$40.00 Violation Penalties - Shut Off .......................................$25.00 Water Meter Deposit 5/8" Meter ................................ ......... .......................... $290.00 Special and other sizes........................... Cost plus Handling (These Rates are Subject to Tax) Unit Connection Charge - Non-Assessed Properties 7164,7173,7178,7184,7192,7212.7216,7219,7221,7223,7232,7235, 7241 MiIJRoad& 7046, 7081, 7087 & 7095 Brian Drive Residential...................................................... .......... $3,685.00 Non-Residential per REC .........................................$3,685.00 Water Usage Rates ... ........................................................................... ...... + $1.70/1,000 gallons Water System Management Fee/Per Quarter..................$17.oo PenaltylLate Payment ...................................... ................10% of balance Use of Meter & Hydrant .................................................................................... $750.00 Deposit ...................................................................................... $20. 00 Connection Fee ........... .................... ......................................................... $4. 00/1,000 Gallons EXHIBIT I CENTERVILLE PARKS AND RECREATION DEPARTMENT PARK FACILITY USAGE FEES Residents, Non-profit organizations Security Deposit.......................................................... $100.00* Concession Facility Fee ...... ..__.______.____.......__..__.__...........$25.00** Field Rental Fee............. __................. __..... __.............. Waived Lighting Fee .......................__. .......,. ............"................ N/A Key Fee..... __.................. __............... __... ....____........__....__ __ $20.00 ($15.00 refunded when key is returned) Non-resident Security Deposit ..... __""'...' __.................................... ".. $1 00.00* Concession Facility Fee ........... ...__....".......__.__............. $150.00 per tournament Field Rental Fee...............__...__..."....________.........__....__.__$100.00 per field Field Rental Fee..................__... "'" ........__....__............... $200.00 per tournament Lighting Fee ______............__..__....__....__.......__..__...__........... N/A Key Fee...................... __.......... __............ __'"'''''''' __....'" __. $20. 00 ($15.00 refunded when key is returned) *If fields and facilities are left in good condition and if all trash is picked up, the security deposit will be refunded. If these conditions are not met, repairs andlor cleanup costs will be deducted from the security deposit. The security deposit must be submitted with the application. **Per event or per season for youth leagues. CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MAY 6, 2003 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on May 6,2003, at 6:30 p. m. PRESENT: Chairperson Brian Hanson Commissioner Tom Wilharber Commissioner John McLean Commissioner Ray.........D.......e....v..... i..n..... e... ~................... Commissioner JeB].......fi .....;.... KlI<'" ..:> H CommissionerMi,' ...~ :: g1r 'iilliJ;' "(;;,,)/ ' Commissioner Da' lian ABSENT: COUNCIL: Council Member Broussard Vickers STAFF: Ms, Moore-Sykes, City Administrator I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:35 p,m. II. PUBLIC HEARING(S) 1. Mr. Lloyd Drilling Request to Rezone 6939 - 20th Avenue South from B-1 to R-2 Chair Hanson opened the public hearing at 6:36 p.m. Mr. Drilling addressed the Commission and rev!ewed his request. Chair Hanson indicated that residents in the area are concerned that drainage from the development would affect the current pond and cause flooding in the area. Mr. Drilling indicated that drainage for the development would be addressed by the City Engineer and Rice Creek Watershed District. He further commented that he is not allowed to impact adjoining properties with runoff from his development as all runoff must be maintained on the property. Commissioner DeVine asked how many additional parking spaces there would be. Mr. Drilling indicated that the City Code would govern the number of spaces he is required to provide. Page 1 of9 Planning & Zoning Corrunission May 6, 2003 Meeting Minutes Chair Hanson asked what the dollar value of the townhomes would be. Mr. Drilling indicated that it would be difficult for him to build the units for anything less than $189,000 to $225,000. Commissioner McLean commented that there was a concern from a tax base standpoint 1:l1at a commercial development on the property would generate more tax base for the City but the City could be waiting a long time for a commercial development on that site. Ms. Moore-Sykes commented that the tax laws have changed and, with class compression, commercial taxes will decrease and residential will increase making whether it is a commercial development or residential a non-issue. Mr. Drilling estimated that the potential tax base for the City from his development would be approximately $40,000 and agreed that there used to be a large disparity between commercial and residential taxes but that is not happening anymore. Commissioner Klennert Hunt asked whether the value ofthe townhomes would fall under the definition of high-density affordable housing. Ms. Moore-Sykes indicated that the density would qualify but she is not sure on the pricing and would need to research that. Council Liaison Broussard Vickers indicated that Council would not be interested in private roads within the development. Mr. Drilling indicated that the plan could be amended to eliminate the private roads, as this is merely a concept plan. Commissioner DeVine commented that he understood the comments ofresidents wishing to keep any available commercial space zoned that way but, in this case, he feels that rezoning would make sense in this case as the townhomes would be a good buffer between the current residential area and the commercial zone. He further commented that the difference in tax base from residential and commercial is not a consideration with the changes in the tax laws. Council Liaison Broussard Vickers cautioned that allowing this high-density housing would create a situation were there are a lot of homeowners concerned with what happens to the north as the new people will not feel like they are a buffer to the commercial development. . Ms. Moore-Sykes indicated the City had received two written comments on the proposal. The first from Rob and Judy Schaeffer of 1970 Center Street voicing comments in favor of the rezoning and the second from Norma Essex who is concerned that the City keep its commercial property zoned commercial so she does not want the rezone. Commissioner Wilharber asked how many acres the development encompassed and whether there would be an association. Mr. Drilling indicated that the development was approximately three acres and said there would be an association. L Page 2 of9 Planning & Zoning Commission May 6, 2003 Meeting Minutes Commissioner Wilharber indicated he had an issue with only one entrance into the area for emergency purposes. Mr. Drilling agreed and suggested adding an exit onto Center Street. Chair Hanson commented that he did not think this number of homes would make much of an impact on Center Street. Commissioner Wilharber commented that it is amazing how many trips in and out people make. He then said that taking into consideration the greenspace requirements, ponding and size of the property he does not feel that it is possible to have 25 units. Mr. Drilling agreed and said that this is merely a concept plan and it may be necessary to scale back the number of units. Commissioner Wilharber commented that he feels this would be a good fit for the community. He then said that when this was discussed previously there were some that felt that a commercial development would be coming but he feels that is a long time off and this would bring income into the City with the residential taxes. He further commented that the people purchasing the units will need to be made aware of the zoning of the property around them and the potential uses for that property. Commissioner McLean agreed that there is a small negative with the loss of the commercial space but the City could wait a very long time for a commercial development and the townhomes would be a nice buffer while bringing in tax base to the City. Chair Hanson agreed. Motion bv Commissioner DeVine, seconded bv Commissioner McLean to close the public hearinl!:. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 6:55 p.m. Ms. Moore-Sykes indicated that this matter would be on for public hearing at the Council level on June 11, 2003 for the comprehensive plan amendment. 2. Mr. Rick Carlson Request for Lot Combination & Rezone from R-I to R-2 (PUD) & Preliminary Plat (Hunter's Crossing 2nd Addition Chair Hanson opened the public hearing at 6:56 p.m. Mr. Carlson provided an overview of the preliminary plat and indicated that Mr. Wilharber had asked him to furnish sewer and water to the two sites to the north and he may want to ask for approval of an additional lot to the south of Mr. Wilharber for a total of 36 lots. Mr. Carlson indicated it is his intention to build one and two story walk out homes with prices ranging from $350,000 to $500,000. Page 3 of9 Planning & Zoning Commission May 6, 2003 Meeting Minutes Mr. Carlson indicated it is his intention to grade the entire site and put in the pipes, erosion matting, silt fencing and seed the area left for Phase II with City approval. Mr. Carlson indicated that he would be installing underground drain tiling in the rear yards to assist with drainage in the rear yards as he is aware that there have been issues with backyard ponding. Mr. Carlson indicated that there has been confusion with regard to the request of the Park and Recreation Committee and then reviewed the numerous proposals being discussed. He then indicated he is not opposed to the park dedication fees as proposed but would prefer to connect the trail to the Lino Lakes trail as it has been amended rather than run the trail all the way down the St. Paul Waterworks easement. He also indicated he would prefer not to provide a sidewalk from the trail on Dupre Road through the development as he feels it is not necessary to bring residents to the trail in that location. Mr. Carlson indicated that the Park and Recreation Committee had indicated they would like the area to the north that is mostly wetland (south of Mr. Wilharber's property) as a parkland dedication to the City. He then indicated he is concerned with that because of the 4.5 acres only .75 of an acre is dry and with that much water he feels it is a major liability issue for the City. Mr. Carlson indicated he met with Mr. Wilharber who, as an adjacent property owner, should not be left out of the discussions and Mr. Wilharber had asked that a trail not be built in that location as it would run around his house. He further commented that most cities do not want to accept wetland as parkland due to the liability issues. Mr. Carlson indicated he would like to eliminate the dedication of the 4.5 acres and plat through it making those lots larger and transferring the liability of the pond to the homeowner's insurance. He then said he would like to make the connection to the Lino Lakes trail in the new location and provide a connection from the south to that trail. He would also like to eliminate the Dupre Road sidewalk situation. Mr. Carlson commented that sidewalks are not a part of his obligation under the Ordinance and, if required, he would like some consideration for that. Commissioner McLean asked if there were sidewalks in Phase I. Mr. Carlson indicated there were not. Mr. Carlson indicated Lino Lakes investigated the St. Paul Waterworks easement as a trailway but were afraid of the steep banks causing trouble for people falling off them and getting hurt and that is why they purchased an easement and moved the trail location. Commissioner DeVine asked if Mr. Carlson would consider putting the trail access in the south lined up with Shotgun Trail more to the north of the development. Mr. Carlson indicated he was willing to do so but would need to accommodate the wetland. Page 4 of9 Planning & Zoning Commission May 6, 2003 Meeting Minutes Commissioner DeVine indicated he did not think the Dupre Road crossing was necessary as the main trail crosses Centerville Road to the north and another crossing on Centerville Road would be too dangerous. Ms. Moore-Sykes indicated there is a County plan to widen Centerville Road itnd that would add to the danger of crossing in that location. Commissioner DeVine indicated he would like the trail connected to the Lino Lakes trail but does not feel the other options are necessary. He then said that he feels it would not be in the best interest of the City to accept the wetland as parkland due to the liability and a trail in that area is not necessary. Chair Hanson asked whether this was a PUD. Mr. Carlson indicated that it is a PUD due to the frontages being a little less than code requirements. Chair Hanson commented that some of the square footages are also below the R-Z minimum requirements requiring a PUD. Commissioner DeVine commented that the average square footage is 17,500 and that meets the R-5 but he is only going with R-2. Commissioner Wilharber asked whether the wetland currently proposed for parkland would be platted to the lots rather than going to the City. Mr. Carlson indicated he would plat through the wetlands to transfer liability to the owner. Commissioner Wilharber expressed concern with kids playing on the ice as it is about six feet deep and poses a liability issue for the City should a child fall through and be hurt. He then commented that the high ground is only .75 of an acre and the trail would be a trail that went around a small lake with depths of up to six feet and that concerns him from a liability standpoint. He also commented that the trail means more maintenance and expense for the City. Commissioner Wilharber commented that since the trail went in for Hunter's Crossing he had been maintaining it by mowing and snow blowing and it is amazing the amount of trash that people leave on the trail. Commissioner Wilharber indicated the park listed in Phase II, Block Three is an error as it is a wetland not a park. He then indicated there were existing homes and farm buildings shown on Block Four. Mr. Krueger of 6719 Centerville Road indicated that he and Mr. Carlson have a property line issue to be corrected on the southeast comer where it abuts his property as the Page 5 of9 Planning & Zoning Commission May 6, 2003 Meeting Minutes property line actually extends 25 feet further than was originally thought making his driveway on Mr. Carlson's property. Council Liaison Broussard Vickers indicated there is another small structure between 14 and IS that is on the Carlson property and that issue would need to be resolved as well. Ted indicated that when the final plat for Phase II is complete those would be platted as outlots and rectified at that time so there should not be an issue with Phase I approval. Mr. Krueger indiy.'!,t,d he would like water and sewer hookup when it goes into that comer. Ted ~ndicated that when Phase II goes in that matter could be resolved as there are issues to consider such as whether the property is high enough to support the system or if a grinder pump would be necessary. Motion bv Commissioner DeVine, seconded bv Commissioner Lakso to close the public hearinl!. All in favor. Motion carried unanimouslv. Chair Hanson closed the public hearing at 7:29 p.m. Motion bv Commissioner DeVine, seconded bv Commissioner KIennert Hunt to recommend approval of the lot combination, preliminary plat with the chanl!es discussed; no park in the north east corner of the property. no sidewalks alonl! Shotl!un Trail, and the addition of the additional lot in the north east corner. All in favor. Motion carried unanimouslv. Ms. Moore-Sykes indicated the public hearing for the rezoning was closed without action and Council will hold a second public hearing on May 14, 2003 that will be continued to allow time for the public hearings on the Comprehensive Plan amendment. Mr. Carlson asked the Commission to consider allowing the grading for Phase IT at the same time as Phase I to allow him to utilize the fill on the site and put all the required ponds in place. Chair Hanson asked how Mr. Carlson intended to control erosion prior to the build out of Phase II. . Mr. Carlson indicated that in order to start the process he has to go through approval with Rice Creek Watershed District and they are the agency that governs how and what is done to ensure erosion control. Ms. Moore-Sykes indicated that Mr. Carlson would be seeding it and installing erosion mats. Page 6 of9 Planning & Zoning Commission May 6, 2003 Meeting Minutes Mr. Carlson indicated Council could require, as a condition of the developer's agreement a small cash surety to ensure that any erosion issues can be handled but assured the Commission that he intended to take care of business as required. Ted indicated that it is a good idea for the re-vegetated as required by rice creek watershed district and in two years the vegetation will be thick in there. Mr. Carlson explained that the silt fencing left up on his development is because Rice Creek Watershed District requires it until they determine that the vegetation has been reo grown enough to ensure that there will be no erosion. Mr. Krueger asked whether the grading that takes place in Phase II would include sewer and water. Mr. Carlson indicated that only the storm pipes near the ponds would be added at this time. Commissioner Wilharber commented that Mr. Koran would most likely want the same trung. Mr. Carlson indicated that the residents should request to Council that they be included in the feasibility report for Phase II. Commissioner Wilharber indicated that Mr. Carlson has done other developments within the City and has to keep replacing and repairing the fence at Hunter's Crossing in order to meet the requirements of Rice Creek Watershed District. Motion by Commissioner DeVine, seconded by Commissioner Klennert Hunt to recommend approval of the l!radinl! for Phase II and ask that Council consider reQuirinl! surety for the erosion control. All in favor. Motion carried unanimously. III. APPEARANCES None. IV. OLD BUSINESS None. V. NEW BUSINESS 1. Ordinance #31 - Licensing and Bonding of Contractors Motion by Commissioner DeVine. seconded by Commissioner Lakso to repeal Ordinance #31. Commissioner Wilharber indicated that the City adopted this Ordinance to assist with protecting residents from contractors that came to town, took money and disappeared. Page 7 of9 Planning & Zoning Commission May 6, 2003 Meeting Minutes Ms. Moore-Sykes indicated that Staff was not aware of the Ordinance and it is not being followed. Commissioner Klennert Hunt asked how much additional administrative time would be required. Council Liaison Broussard Vickers indicated that the City would need to set the fees high enough to cover the administrative costs. She then said that the state of Minnesota has a licensing process and she would not want to make a contractor go through the process again for the City if they have the required state information. Council Liaison Broussard Vickers commented that part of her feels it is the residents' responsibility to look into contractors and not a City responsibility. VOTE: All in favor. Motion carried nnanimonslv. VII. DISCUSSION ITEMS Commissioner Wilharber asked for an update on the dealings with Mr. Vang. Ms. Moore-Sykes indicated she had not heard anything lately from Mr. Vang and told the Commission that the property owner had sent a letter to the City indicating that he has no intention of selling his property and asking that residents stop calling him with negative feedback. Commissioner Wilharber asked for an update on the storage building. Ms. Moore-Sykes indicated that Mr. V otel had asked if there was anything the City could do to assist the situation with Mr. Rehbein and Mr. Carpenter and, unfortunately, it is a private issue between the landowners. Commissioner Wilharber asked for an update on the kennel. Ms. Moore-Sykes indicated that the kennel owner had found other property and that will not be coming to Centerville. Chair Hanson asked whether anyone had heard anything further about a grocery store. Ms. Moore-Sykes indicated she has heard nothing on grocery stores usually the inquiries are for manufacturing and industrial uses. Commissioner Wilharber commented that the grocery people are usually looking for at least a population of 30,000 to draw from within a certain distance. Council Liaison Broussard Vickers indicated that Columbus Township is building a new Gander Mountain that is 100,000 square feet. Page 8 of9 Planning & Zoning Commission May 6, 2003 Meeting Minutes Ms. Moore-Sykes indicated the City is meeting with Hugo and Lino Lakes on May 15, 2003 at 7:00 p.m. at Hugo City Hall to discuss development and redevelopment within the area. Commissioner Wilharber commented that the ponds were never taken care of to handle the drainage behind Vanderbeeks and Schwartz and he would bet there will be drainage issues with the new homes because the ditch was not cleaned. He then said that most of the trail is under water. Ms. Moore-Sykes indicated the City Engineer and Building Inspector are working on that. VII. CONSIDERATION OF MINUTES 1. April I, 2003. Planning and Zoning Meeting Minutes Motion by Commissioner Wilharber, seconded by Commissioner DeVine to avvroye the minntes of Avril 1, 2003, as amended. All in favor. Motion carried unanimously. Chair Hanson abstained from voting. VIII. ADJOURNMENT Motion bv Commissioner Wilharber, seconded by Commissioner DeVine to adiourn the May 6, 2003 Planninl! Commission meetinl! at 8:04 V.m. Ail in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc Page 9 of9 ORDINANCE #77 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE An Ordinance regulating the Clean-up of Clandestine Drug Lab Sites and Chemical Dump Sites within the City of Centerville, Minnesota and providing for the administration and enforcement ofsuch regulations. The City Council of the City ofCenterville ordains as follows: Section 1. General Provisions. 1. Purpose and Intent. The purpose of this ordinance to reduce public exposure to heath risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or associated dump site may exist. Professional reports, based on assessments, 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 using or being exposed to contaminated personal property. 2. Interpretation and application. In the interpretation and application of this article, the provisions herein shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provision of this ordinance are either more or less restrictive to the public than comparable provisions imposed by any other law, ordinance, staMe, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements on the public shall prevail. Should any court of competent jurisdiction declare any section or subpart of this article to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the provision declared invalid. 3. Fees. Fees for the administration of this ordinance may be established and amended periodically by resolution of the City Council. Page I of9 ~ Section 2. Definitions. For the purposes of this ordinance, the following terms or words shall be interpreted as follows: Child - Shall mean any person less than 18 years of age. Chemical dump site - Shall mean any place or area where chemicals or other waste materials used in a clandestine drub lab operation have been located. City - Shall mean the City of Centerville. Clandestine drug lab site - Shall mean 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 may include dwellings, accessory buildings, accessory structures, a chemical dumpsite, any land or personal property which may include vehicle(s), boat(s), trailer(s), etc. Clandestine drug lab operation - Shall mean the unlawful manufacture or attempt to manufacture a controlled substance. Controlled substance - Shall mean any drug, substance or immediate precursor in Minnesota Statute ~ 152.02 Schedules I.through V together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. Household Hazardous Wastes - Shall mean waste generated from a clandestine drug lab operation. Such wastes shall be treated, stored, transported or disposed of in a marmer consistent with Minnesota Department of Health, Minnesota Pollution Control, and Anoka County Health Department rules and regulations. 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, and the packing, repacking, tableting, encapsulating, labeling, relabeling, or filling or by other process of drugs. Owner - Shall mean any person(s), firm(s), corporation(s) 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 or chemical dump site. Section 3. Declaration of Site and Contents as a 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 or chemical dump site are potentially unsafe due to health hazards and are hereby declared to be a public health nuisance. Page 2 of9 ~ Section 4. Law Enforcement Action. If law enforcement authorities determine the existence of a clandestine drug lab site or chemical dump site, the site, and all personal property therein, shall be declared a public health nuisance. Law enforcement authorities who identify conditions associated with a clandestine drug lab site or chemical dumpsite which may place neighbors, the visiting public, or present and future occupants of the site at risk for exposure to harmful contaminants and other associated conditions are authorized to take the following action: 1. Promptly notify the City Building Official, child protection, public health authorities and the appropriate enforcement division of the drug enforcement administration of the U.S. Justice Department of the location of the site, and the owner if known, of the conditions found; and 2. Treat, store, transport or dispose of all household hazardous waste found at the site in a manner consistent with Minnesota Department of Health, Minnesota Pollution Control and Anoka County Health Department rules and regulations; and 3. 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, post the declaration in several conspicuous places on the property. This temporary declaration of public health nuisance issued by law enforcement shall expire after the City Building Official inspects the site and determines the appropriateness of issuing a permanent declaration of public health nuisance; and 4. Notify all persons occupying the site that a temporary declaration of public health nuisance has been issued; and 5. Require all persons occupying the site to immediately vacate the site, remove all pets from the site, and not return without written authorization from the City Building Official; and 6. Notify all occupants vacating the site that all personal property at the site may be contaminated with dangerous chemical residue; and 7. Put locks on each doorway entrance to the site to prohibit people from entering the site without authorization after all occupants of the site have vacated. The obligation to promptly notify the persons and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives, but only to the extent that public health and child protection responsibilities are not unnecessarily compromised. Page3 of9 L ~ Section 5. Seizure ofPronertv. When the clandestine drug lab site or chemical dump site is inside a vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities shall immediately seize it and not allow it to be transported except to a more secure location. In such circumstances, all other requirements of this ordinance shall be followed as closely as possible given the specific type of property in which the site is discovered. Section 6. Action bv City Buildine Official. 1. Inspection and Declaration of Nuisance. Within 48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site or chemical dump site, the City Building Official shall inspect the site to determine the appropriate scope of a permanent declaration of public health nuisance. Based on the results of the inspection, the City Building Official 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 issued and posted by law enforcement. A copy of the permanent declaration and order shall be posted on all doorway entrances to the site or, in the case of bare land, shall be posted in several conspicuous places on the property. 2. Abatement Order. After the permanent declaration of public health nuisance has been issued and posted, the City Building Official shall send written notice to the site owner ordering abatement of the public health nuisance. The abatement order shall include the following information: a. A copy of the declaration of public health nuisance and Do Not Enter- Unsafe to Occupy Order; and b. Information about the potentially hazardous condition of the site; and c. Notification of suspension of the site's rental license if applicable; and d. A summary of the site owner's and occupant's responsibilities under this ordinance; and e. Information that may help the owner locate appropriate services necessary to abate the public health nuisance. 3. Notice to Concerned Parties. The Building Official shall also mail a copy ofthe permanent declaration of public health nuisance, a copy of this ordinance, and a notification of the suspension of the site's rental licensees, if applicable, to the following concerned parties at their last known address: a. Occupants or residents of the site if the identities of such persons are known; and b. Neighbors in proximity to the site who may be reasonably affected by the conditions found; and c. The City Administrator; and d. The Community Development Director; and Page 4 of9 e. The City Police Department; and f The appropriate enforcement division of the Drug Enforcement Administration of the U.S. Justice Department; and g. Other City, State and Local authorities, such as the city Water Department, the Minnesota Pollution Control Agency, the Minnesota Department of Health, and the Department of Natural Resources which are known to have public and protection responsibilities that are applicable to the situation. 4. Modification or removal of declaration. The City Building Official is authorized to modify or remove the declaration of public health nuisance after the Building Official receives documentation from a City approved environmental hazard testing and cleaning firm stating that the suspected health and safety risks, including those of neighbors and potential dwelling occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration. Section 7. Site Owner's Responsibility to Act Within ten (10) business days of the date the abatement order is mailed to the owner of the site, the owner shall accomplish the following: 1. Provide the City Building Official, City Administrator and City Attorney with written notification: a. That the owner has confirmed that all persons and their pets have vacated the site; and b. Of the name(s) of all children who the owner believes were residing at the site during the time period the clandestine drug lab or chemical dump site is suspected to have been at the site; and c. That the site will remain vacated and secured until the public health nuisance is completely abated as required by this ordinance. 2. Contract with one (1) or more City approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current Minnesota Department of Health guidelines: a. A detailed on-site assessment of the extent of contamination at the site and the contamination of the personal property therein; b. 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; and c. A complete clean up of the site (including, but not limited to, the clean up or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site and complete clean up of the demolished site; and Page 5 of9 d. A complete clean up, or disposal at an approved dump site, of all personal property in the site; and e. A complete clean up of all property and soil in proximity to the site which is found to have been affected by the conditions found at the site; and f. Remediation testing and follow-up testing, including, but not limited to, testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced, according to Minnesota Deparment of Health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein and of all property and soil in proximity to the site. 3. Provide the City Building Official 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 4. Sign an agreement with the City Building Official establishing a clean up schedule. The schedule shall establish reasonable deadlines for completing all actions required by this ordinance for abatement of the public health nuisance. In determining appropriate deadlines, the City Building Official shall consider practical limitations and the availability of contractors in approving the schedule for clean up. The site owner must meet all deadlines established on the clean up schedule. Also, pursuant to the deadlines established by the clean up schedule, the site owner is required to provide the City Building Official with written documentation of the clean up process, including a signed statement from a City approved environmental hazard testing and cleaning firm that the site, all personal property therein 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 Minnesota Department of Health guidelines. Section 8. Site Owner's Responsibility for Costs. The site owner shall be responsible for all costs, including those of the City, of dealing with and abating the public health nuisance, including contractor's fees and the City's costs for services performed in association with the clandestine drug lab site or chemical dump site clean up. The City's cost may also include, but shall not be limited to: 1. Posting of the site; and 2. Notification of affected parties; and 3. Securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site; and 4. Expense related to the recovery of costs, including the assessment process; and 5. Laboratory fees; and 6. Clean up services; and 7. Administrative fees; and Page 6 of9 8. Legal fees; and 9. Other associated costs Section 9. City Action and Recovery of Costs. 1. If the building owner fails to comply with any of the requirements of this ordinance, the City Building Official is authorized to take all reasonable actions necessary to abate the public health nuisance including, but not limited to, contracting with a City approved environmental hazard testing and cleaning firm to conduct the work outlined in Section 7 of this ordinance. The Building Official is also authorized to provide a copy of the declaration of public health nuisance to the lien and/or mortgage holders of the affected site to help assure that persons with interest in the site have access to information about the declaration of public health nuisance. 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/or dispose of the personal property therein. These actions shall be taken in accordance with the provisions of Minnesota Statute Chapter 463 together with any amendments or modifications thereto. 3. If the City abates the public health nuisance, in addition to any other legal remedy, the City shall be entitled to recover all of its out of pocket costs plus an additional 25 percent of such costs for administrative and legal expense. The City may recover costs by civil action against the owner of the site or by assessing such costs as a special charge against the site as taxes and special assessments are certified and collected pursuant to Minnesota Statute 9 429.101 or according to the provisions of Minnesota Statute Chapter 463 together with any amendments or modifications thereto. Section 10. Recovery of Costs from Persons Causinl! Damal!e. No provisions of this ordinance are intended to limit the site owner's, residents' or the City's right to recover costs incurred under tIlls article from either the persons contributing to the public health nuisance, such as the operators of the clandestine drug lab, and/or from other lawful sources. Section 11. Site Owner and Address. When the site is real property and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the property's taxpayer's name and address as that information is maintained by the County Auditor's Office. When the site is a vehicle, boat or trailer and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of Page 70f9 the person on file as the owner on the current or most recent title to the vehicle, boat or trailer. Section 12. Suspension of Residential Rental Certification. Upon issuance of a permanent declaration of public health nuisance, any residential rental certificate issued by the City for the site, or any part thereof, is hereby declared to be immediately suspended pending full compliance with this ordinance. Section 13. Unauthorized Removal ofPostinl!s. It is unlawful for any person, except authorized City personnel, to remove a temporary or permanent declaration of public health nuisance and/or Do Not Enter - Unsafe to Occupy Order from a chemical dump site or a clandestine drug lab site. Section 14. Entry Into or Onto Site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no persons are permitted to be inside the site, or on the site property without prior written consent of the City Building Official or as otherwise authorized by this ordnance. To confirm compliance with this ordinance and to execute their duties under this ordinance, law enforcement officers, the City Building Official, and any persons designated by the Building Official, may enter onto the site property or enter into the site at any time while a declaration of public health nuisance is in effect for the site. Section 15. Removal of Personal Property from the Site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no personal property any be removed from the site without prior written consent from the City Building Official. Consent to remove personal property shall only be granted at the reasonable discretion of the Building Official, 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 ofthe personal property agrees in writing: a. That the owner is aware of the danger of using the contaminated property; and b. That the owner will thoroughly clean the property to remove all contamination prior to the use of the property; and c. That the owner releases and agrees to indemnify the city, its Staff, and the City Council from all liability to the owner and/or third persons for Page 8 of9 illJunes or damages caused, or alleged to have been caused, by the contaminated property. Section 16. Violations and Penalties. Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statute ~ 609.02, Subd. 3. Section 17. Effective Date. The effective date of this Ordinance shall be after its passage and publication according to law. Adopted by the Centerville City Council this Mayor, Terry Sweeney City Clerk Published in the Quad Conununity Press on Page 9 of9 MRY-02-2003 12:21 LEAGUE OF MN CITIES P.02/25 <, 2003 Minnesota Association of City Attorneys Educational Conference and Annual Meeting Particular Problems: Meth Labs Prepared by Robert W. Hatch, Jr. Hatch Law Office, L.L.C. Northfield, Mim1esota MRY-02-2lalil3 12: 21 VI. LERGUE CF I'N C I Tl ES P.03/25 Table of Contents I. Introductioo l! What is Melhampheuine? m. How is Mothalllpbelllmini> Made? A. ~eom B. ProductiOll Process C. Waste. . D. Loeatioo ofMeth Lab. 2 2 2 2 2 lV. Why is MelhamphelllmJn;: Danserous? A. Health Dmgcr. . B. Chemical Contamination Danger C, Danger to Specific People Exposed to Meth Labs D. lnorellSed Crime . . E. Number of Lab SeIzure. Increasing. 2 2 3 3 4 4 v, Cleonup of Contaminated Sites A. Before Cleanup B. Cleanup . C. After Clea.aup 4 5 S 5 Legal Options for Achieving Cleanup of ('9"'''''','''red Sit.. A. No Felletal or Su StallllCS Requiring Cleanup B. Exislini Fedenll, Slale and Local Laws . . . C, City ordinance Requiring Cleanup of Clandestine Drug Lob Site. D. Will City Action R<:quiring Cleanil>g be a eompeonable "Taldng"1 6 6 6 7 9 VI!. Con_ A. B. C. D. E, F. Upon Discovery of a Clandos1ine Dnlg Lab . Reportl:npropet Waste J:Ji.possl or Spillll. . Reporting Mcth Lab$ Discovered in Slate-Licensed Facilities Additional Infcmnatioo, Tnoinins &1. Pl'e$&lllllions Or1lg Lab Cleanup CmnPWClS <'l: Loboratories Broch""'" and other infozmalion , 9 9 9 9 10 II 12 13 Vlll. City ofNorthfield Clandestine Drug lAb Ordinance ~~ 22.20 I throllg.ll22.21S 19 IX. End NoteS . Ii- MAV-eJ2-2003 12: 22 LEAGUE iF MN CITIES P.04/2S PARTICULAR PROBLEMS: METH LABS I. INTRODUCTION There are many issues that a city attorney will encounter in the aftmnath of a meth lab seizure. Common issues that arise include: (1) Is the site safe to re-use or re-occupy after the HaZardous Materials Team removes the meth lab and chemicals? (2) Should the city post the site as lJOIlafe to occupy until it is tested for contamination? (3) What authority can the city rely upon to prohibit entry into the site until after testing is completedl (4) If the site is containinated, who is responsible for cleaning it? (S) If the owner of the site refuses to clean it in a timely manner, can the city clean the site itself? (6) What cleaning procedures will successfully decontaminate the site? (7) Can contaminated personal property in the site be cleaned or must it all be discarded? (8) How can the city confirm that contaminated personal property will be properly cleaned or disposed of and not simply given away to potentially harm others? (9) If the city cleans the site, can the city assess the landowner for the cleaning expense? Determining the proper way to resolve the different issues mentioned above can be difficult and require the investment of a great deal of time. To aid city attol'lleys in dealing with meth-contaminated sites, the following materials provide: (1) Background infonnation regardini methamphetamine labs and wh>' the contamination is dangerous; (2) Discussion ~arding the need for cleanup; (3) Options for achieving cleanup (including the recommendation that cities adopt clandestine drug lab cleanup ordinances); and (4) Contact iofonnation to help resolve particular iuues. It is hoped that these materials will assist the city attorney in dealiDi with future meth lab issues (and other clandestine drug lab matters) in a way that protects the public health while minimizing municipal expense and liability. II. WHAT IS METHAMPHETAMINE? Metharnphcta:rnine (meth) is classified as a controlled substance under both federal and Minnesota state law. I The Minnesota Department ofHea1th descn"bes meth as: A man-made amphetamine, produced and sold illegally in the form of pills, powder or chunks. Meth, like cocaine and other amphetamines, has affects 011 the central nervous system like those of adrenaline. Meth has more prolonged effects than other amphetamines, and is extrelJlely addictive. Similarly, withdrawal from meth is more intense IlIId lenger lasting than withdrawal from cocaine or other amphetamines. Recovery may he complicated by lengthy depl'e$$ion.' L MRY-02-2I'l03 12: 22 LEAGlE OF i"N C IT 1 ES P.0S/25 IlL HOW l:S METHAMPHETAMINE MADE? \ A. Ingredients There are many different ingredients and chemical substances that can be used to make melli. Ingredients used usually include various solvents, cOrrosives, irritants, acids, bases, metals and salts. These ingredients are often obtained from common household product! including (among many other ingredients) cold tablets, paint thinner, camping fuel, iodine, table galt, lithium from batteries, red phosphorus from matches, ether, lye, sulfuric acid, and veterinarian products. J B. Production Process According to the Minnesota Deplll1.ment of Health, "[mJeth 'recipes' are easy Ie obtain :from other cooks and from the Internet.',4 Both the meth production process and the'mixtures produced can be extremely dangerous. Meth production can result in explosions, chemical fires and the release of toxic gasses. "During the manufacturing of methamphetamine, noxious vapors particulate and toxic waste material is prodUced.,,6 '''The vapor is the vehicle. . . by which methamphetamine residue can travel and accumulate on indoor surfaces (walls, floors, ceilings, fUmiture, etc.)'" C. Waste . Even when math labs are seized before they explode or catch fire, the site often remains dangerous to human health. "After a lab has been abandoned or shut down by law enforcement, the property is usually found Ie be contanlinated with hazardO'llS chemicals.,,1 N; discussed above, the noxious vapors created during meth production deposit meth residue on indoor surfaces and can contaminate the entire site. In addition, "[a] minimum of 5 to 7 pounds of chemical waste are produced for each pound of meth manufactured. ,,9 D. LOClltioll of Meth Labs Meth labs have been discovered. in: lQ Homes Apartments Hotel and motel rooms Food service Campgrounds Storage facilities establishments Fields Vacant buildings Moving or stationary vehicles (cars, mobile home trailers, etc.) IV. WHY IS lYIETBAMPHETAMINE DANGEROUS? A. Health Danger Short-term exposure to math labs, chemicals Ill1d byproducts can result in "shortness of breath, cough, chest pain, dizziness, lack of coordination, chemical - 2. MAY-02-2003 12:23 LEAGLE CF m C I TI ES P.06/25 irritation bu.'1lS to skin, eyes, nose and mouth.'" I Death is also a possible re;.-ult.12 Long-teIIll exposure to labs, ch=icals and byproducts can result in "liver and kidney damage, neurological problems and an increased risk of cancer."I) B. Chemical Contamination Danger As discussed above. meth cooking produces solid and liquid wastes that can contaminate a building and its contents, or the groundwater or soil where they are dumped.14 Depending on the location of the drug processing or "coOking" area, the waste disposal area and the ingredient storage area, the following locations may become chemically contaminated: 15 oors o assware Draperies and otha textile products Drains Vent Walls Containers allways Groundwater Adjacent apartments or rooms sinks Chimney , flues Sewer Common areas of multiple dwelling units Ceilings Fumi~ High traffic areas 0 dwelling unit Toilets Soil Storm sew Septic systems Heating and air-conditioning vents in single or multiple unit dwellings C. Danger to Spedfl.c People E)I;posed to Meth Labs Melli labs endanger the health and lives of many people. Besides being an obvious danger to the operators of the lab, the danger extends to all pelSOns who come in contact with the lab or the contaminated matetials from the lab. Examples of people at risk in<:lude: 1. Law Enforcement Officials Who Seize Lab It is not uncommon for law enforcement officers sei;;:ing a lab to be effected by the contamination inside. "In :Minnesota, numerous law enforcement officers and staff from hee.lth, social service and other agencies have collapsed or become m at [clandestine drug] lab sites..... Because of the danger to law enforcClIllcot and others entering meth labs soon after seizure, the MiMesota Pollution Control Agency has J established guidelines for fir$t responders entering a suspected lab.'4 2. Jail and Hospital Staff The health dangers from meth labs are not limited to the lab itself. Because meth residue can contaminate anytlting inside the lab, the cook's clothing can become contaminated. As a result, "(j]ail and hospital staff .. 3.. MAY-02-2003 12:23 LEAGLE OF f'i'l CITIES P.07/25 members have become ill from exposure to meth lab chemicals on the cloq of people living or worlcing at lab sites."" 3. Children Children are particularly wlne:-able to the health effects associated with drug labs becal.1Se they have inttnature organ systems, faster metabolic ntes, wea..lter immune systems, th~ eat more foo(\, (\ripk more 1l."Ilids, breathe more air per pO\ll).d of body weight, and certain behaviors such all crawling, dirt eating, and frequent hand.-to-mouth contact expose them to more hazards.26 "Roughly fifty-percent of Minnesota residences where drug labs have been discovered have also housed ohildren. ~7 Recognizing the special risks to children living in lab environments, "t11.e }'finnesota legislature has recently expanded child neglect and endangennent law to include endangerment through exposure to illegal drug manufacture and sales.".8 4. People Who Move Into Former Lab Sites The Minnesota Department of Health has received reports of persons who have moved into former meth lab 10catiOIll; and have subsequently "suffered chest and respiratory symptoms months after lab chemicals were removed. ,,29 ''Even at low levels, exposures.for long periods bWple living in a former lab site could result in serious health effects.' D. Increased Crime Clandestine drug labs, such a:l mcthan1.phetamine labs, "have been associated with increalled crime in the =\Il).ding community, including domestic abl1$e, theft and child endangerment.',31 E. Number of Lab Seizures Increasmg Less than fifty meth labs were seized in Minnesota in 1998. Since that time, the number of meth labs found each yw has been steadily increasing. In 200 1, Minnesota officials discovered an average of almost one lab per day, or about 350 during the calendar year.32 V. CLEANlJP OF CONTAMINATED SITES To assist cities, counties and the state ill determining how to adequately clean methamphetamine conr".,..;nAlad sites, the Minnesota Department oHtealth has published a mlUlual entitled: "General Cleanup Guidelines for Clandestine Drug Labs. ..33 A clandestine drug lab is a general term referring to any "collection of materials and ingredients used to manufacture illegal drugs. Methamphetamine is the drug most commonly made in Minnesota labs.'i34 other illegal drup produced in clandestine labs include: LSD, PCP, Ecstasy (MDAlMDPP) and others. -4- MRY-02-2003 12: 24 LERGLE CF m CITIES P.08/25 The cleanup requirements for a particular site will be based on the chemicals found, the production processes used, and how long the lab was active. Depending on the severity of the contamination, the following cleanup activities may Deed to be conducted;36 A. Before Cleanup Before cleanup begins, officials should first conduct a pre-cleanup assessment of the drugs manufactured, the chemicals found, drug pro<iuction metbods used, production locations, and disposal locations at the site. J7 This assessment should include testing and evaluation of suspected contaminated areas.38 Assuming the site assessment shows that cleanup is needed, officials should then evaluate the different cleanup requirements for the site. 39 B. Cleanup Depending upon extent of contamination found or suspected from the pre-cleanup site assessment, cleanup of the site should be conducted through one or more of the following activities: Ventilation"" Removal of plumbing Cl~~ ofplumbT~ and i lixtuRs41 . ventilation systems I Detergent water washing Washing some areas Encapsulation or sealing of contaminated floors, with weak acidic of some surfaces with oil walls and ceilings43 solutions 44 based paint, polyurethane or other materials4' Demolition of Outdoor waste removal Removal of contaminated contaminated structure soil or water" (in rare cases)46 Cleaning or disposal of porous materials and furnishings such as carpeting, paneling or other items based u~on cleanup evaluator's belief of what can and cannot be sufficiently clcaned_4 C. After Cleanup Unfortunately, thel'e is no 'safe' cleanup level established for many <ilemicals associated with meth labs. 50 Even when a lab site is cleaned according to the guidelines mentioned above, it still may contain ul'lsafe levels of contamination. Therefore, the Minnesota Department of Health recommends the following: A post-cleanup assessment should be made by a health professional with training in clandestine laboratory cleanup in consultation with the contractor hired to prirm the decontamination work, and with input from the law Dr drug enforcement agency involved. This assessment should verify (when possible) that the site has been cleaned according to the cleanu~ guidelines established by the Minnesota Department of Health I and that contamination has beel! reduced to levels expected to be non-toxic.52 No one should rent, purchase or - 5. MAY-el2-2003 12: 2S LEAGUE OF MN CITIES P. 09/25 occupy a fOlmer drug lab site unless cleanup has been completed and verified by the cleanup contractor.SJ VI. LEGAL OPTIONS FOR ACHIEVING CLEANUP OF CONTAMINATED SITES A. No Federal or State Statutes Requiring Clellllup While the Minnesota Department of Health has issued general cleanup guidelines for clandestine drug labs, there are no state or federal laws requiring a landowner to clean his or her property after clandestine drug lab contamination is discovered. In addition, there are no specific laws prohibiting people from entering or residing in meth contaminated sites or usina. sellini or iivin: away personal property that may be contaminated with meth residue. Also, it appears that there will be no such state law in the foreseeable future. The State of Minnesota addressed this and other math lab issues in 200 I by funning the Minnesota Multi.Agency Drug Lab Taskforce. It was the detmnination of the Taskforce that ''the approach with the best potential for successful early intervention [is] to provide local governments and a~encies with the tools and training to respond to labs in their own jurisdictions." As a result, the Minnesota Departments of Health, Agriculture and Transportation. are all working to help local governments deal with the problem of meth labs. 'S All cities and/or counties should seriously consider enacting ordinances to require the cleanup ofmeth contamination as well as contamination caused by other types of cllJI\destine drug labs. B. Exlst1ng F edera1, State aDd Local Lam For cities that have not yet enacted a clandestine drug lab cleanup ordinance, there are some federal, state and local laws do exist that the city could tIy using to persuade and/or force cleanup and possibly obtain reimbursement for the costs of cleanup. These existing laws include the following; 1. Existing Federal Laws a. Reimbursement for !ccal governments for costs of temporary em<'l'gency response measures. 56 b. Restitution obligation of defendant convicted of fed<'I'aJ offense involving manufactlll'e ofmeth.57 c. Forfeiture of real and/or personal property,58 2. Exis~ State Laws a. Hazardous Building statute. 59 b. Local Public Health Board statue. 60 c. State Nuisance statute"! " d. State Forfeiture statute.62 ". e. State li=sing laws iflab is in a hotel, restaurant, day-care center or other State-licensed establishment. 63 f. Private right of action to enjoin or abate t..e nuisance.64 - 6- MRY -02-21303 12' 2S LERGUE OF MN CITIES P.16/25 3. Existing City Ordinances a. UnifC>ml BUilding Code It is arguable that several provisions of the 1997 Unito:rm Building Code could be used to authorize access, testing, and compel the cleanup of contaminated structures. V srious provisions allow the following: i. Authorize building official to enter site.65 ii. Require premises to be tested.66 iii. Declare building in which lab is found to be a public nuisllll.cc.67 iv. Prohibit access until Structure is safe for human occupation.68 b. Uniform Housing Code Like the Uniform Building Code, it is a.guable that the Unifonn Housing Code eould be used to achieve the cleanup of contaminated housing. Various provisions of this code allow the following actions: i. Enter abuilding. 69 ii. Declare a building to be a nuisance. 70 iii. Declare a nuisance building to be a "substandard buiJdmg.',71 iv. Cause the repair, rehabilitation, vacation or demolition of the building.72 v. Hold landowners and/or occupants personally and financially liable for violations.7J c. City Nuisanc$ Ordinance. d. City Zoning Otdinances prohibiting nllisances and/or blight. e. City Trespass Ordinance to prohibit re-entry into structure after lab has been seized and before cleanup is complete. f. City licensing laws iflab is found in an apartment or other city- licensed establishment. C. City Ordinance Requiring Ceanup of CIllIldestine Drug Lab Sites According to the Milllleoota Department of Health, as of June 2002, an estimated 25 counties and several cities have already begun exploring establishment of a clelll1up ordinance or child protection plan. 74 The cities of Oakdale7S, Anob 16 Northfield" and Olmstead County'S have already passed clandestine drug lab ordinances.79 1. General Objectives CUI'I'CIlt Minnesota ordinances have been written with the objective of: 10 a. Protecting ci~ens, law enforcement personnel and emergency responders. b. Achieving timely clean up of lab contamination. c. Applying appropriate safety guidelines while keeping costs in cheek. d. Minimi7ing lab-related harm to minors. .7. MAY -02-20103 12: 26 LEAGIE OF m CITIES P. 11/25 e. Establishing child protection measures. f. Reducing illegal, unsafe activity, In addition to the objectives listed above, law enforcement officials from other parts of the country recomme.n(l considering the following additional issues:!1 a. Prevention and awareness initi~ves. 82 b. Legal or volunWy limits on precursor chemical sales. c. Lab-specific training for local law enforcement and other responders. As stated above, the Minnesota Departments of Agriculture, Transportation and Health are all working on helping local governments deal with clandestine drug labs. Cities discussing the enactment of a clandestine drug lab orc1inauce' should consult with local county officials including Health, Attorney, Sheriff and County Board to see what progress has already been made in the county. Z. City Liability for Removal of Hazardous Waste These materials do not consider the obligations and liabilities of city, county or st.ate ag~cies with regard to the initial removal of hazardous wastes and chemicals from a clandestine drug lab. However, please know that State Regulations exist which create both duties and potential liabilities to the local, county or state agency involved in the initial removal of hazardous wastes from a clandestine drug lab. S3 3. Sununary of Provisions to ID.clude in City Ordinance The following list is a general summary of the major provisions included in many of the current municlp~ clandestine drui lab ordinances in Minnesota: a. Official declaration of drug lab site as a public health nuis1Ulcc. b. Delegation of temporary authority to law enforcement to notify appropriate state and local officials after discovering site, dispose of chemical waste, require occupants to vacate site and look and prohibit unauthorized lltltry to the site. c. Delegation oflong-tenn autb.ority to the City Building Official inspect site to determine apprOpriate remedial measures, order site owner to abate nuisance pursuant to a specific cleanup procedure and time schedule and modify the declaration of the public health nuisance in appropriate circumstances. . d. Establish site owner's responsibility for all costs of dealing with the contaminated site and establish the cjty's authority to recover costs if owner fails to ccmply with ordinance. e. Establjsh the city's authority to take action to clean or demolish site if site owner does not act in a timely manner. .8. "u MAY-02-2003 12: 27 LEAGLE OF "'" CITIES P. 12--'25 D. Wlll City Acl10n Requlrlng Cleanlng be a Compesnable "Taldug"? Several courts throughout the United States have held that state action prohibiting access to contaminated land to conduct cleanup of a threat to public health is not an exercise of eminent domain power. Instead, such action has been held to be a proper exercise of the government's police power and, COnseqUclntly, not II. "taking" requiring compensation to the landowner.84 VII. CONTACTS Deborah Durkin at the Minnesota Department of Health, see Section D below, is extremely knowledgeable and very helpful regarding all issues involving meth labs in Minnesota. It is strongly recommended that she be contacted if II. question arises reglll"ding how to deal with II partiClllar meth Jab issue. Other specific contacts are listed below. A. Upon Discovery of 3 Clandestine Drug Lab 1. Local law enforcement (911) 2. CoUllty law enforcement 3. Local anfi C01lnty public health agencies . 4. Minnesota Duty Officer (see part B below) B. Reponing Improper Waste Disposal or Spills Mumesota Duty Officer Department of Public Safety I Emergency Management 444 Cedar Street, Suite 223 Sl Paul, MN 55]01 (651) 649-545] (800) 422-0798 C. Reporting Meth Labs Discovered in State or County-Licensed Facilities The appropriate contact for a state or county-licensed facility depends upon the type offacility and its location in the state. It is best to obtain a copy of the license and contact the licensing authority listed on the license. If the appropriate Iiooosing authority cannot be fietermined, contact Deborah Durkin at the Minnesota Department of Health (see part D below) or direct your inquiry to: Minnesota Department of Healtll Jim Feddcma 3400 First Street North, Suite 305 St. Cloud, 56303-4000 (320) 650-1055 .9. ...IIII MAY-02-2003 12:27 LEAGUE OF MN CITIES P.13/25 D. AdditiODaI Informal1on, Training, PresentatioDs & Referrll1s 1. Minnesota Department of Healtb8S DiVision of Envirollmental Health, Site Assessment & Consulllltion Unit Doooc~Dm~~MDHM~L~Pro~ Metro Square Building 12! East 7lh Place, Suite 220 St. Paul, MN 55101 (651) 215-0778 (65!) 215-0975 (fax) deborah.durkin@health.state.mn.us (8oo) 657-3908 (Hazardous Substances lnfonnation Line) www.health.state.nm.us/divsleh/met!l 2. Minnesota Department of Transportation 86 Office of Motor Carrier Services 1110 Centrepointe Cwve Mendola Heights, MN 55120 (oS!) 405-6060 (888) 472-3389 3. Minneso1a Pollution Control A.geney8? Emergency Response & Large Facility Cleanup Unit Stephen Lee 520 Lafayette Road 5t. Paul, MN 55155 (051) 297.8610 StephenJee@pca.state.mn.us (651) 297-2274 (Customer Assistance Line) (800) 646-6247 (Customer Assistance Line) (651) 296 6300 (PCA Switchboard) (8oo) 657 3864 (pCA Switchboilld) 4. The Minnesota Metb Labs Websijes88 www.dem.state.mn.us/methlab www.health.state.mn.us/divs/eh/meth S. Minnesota Department of Agricwture89 Incident RespOnse Unit 90 West Plato Boulevard St. Paul, MN 55107 Patrick Kelley (05J) 297-5387 Ed Kaiser (651) 297-7275 -10 - MAV-!J2-21383 12: 28 LEqGUE OF MN CITIES 6. MiImesota Bureau of Criminal Apprehension Department of Public Safety 1246 University Avenue St. Paul, MN 55104 (651) 642.0610 (888) 234.3692 E. Dru: Lab CleaJlup Companies & Laboratories90 1. Cleanup Companies Bay West, Inc. 5 Empire Drive 51. Paul, MN 55103 (651) 2914156 (651) 291-0099 (fax) (800) 279-0456 (24 Hours) Landmark Environmental Ken Habbennan, President 2042 W. 98l!l Street Bloomington, MN 55431 (952) 887.9601 (952) 887.9605 (fax) www.Jandmarkenv.eom West Central Environmental Consultants 7871 Hickory Street NE Fridley, MN 55432 (763) 571-4944 (763) 571.2267 (fax) (888) :544-9481 (952) 980-3247 (24 Hours) www.wcee.com 2. Laboratories Pace Analytical Suvil:e, In.:. Bio-Analytical Services Lisa Shanahan, Semor Chemist & Technical Development Manager 1700 Elm Street SE, Suite 200 lvfinneap<llis, MN 55414 (612) 607-6353 (612) 607-6444 (fax) (888) 789-4046 (pager) .11 . P.l4/2S MAY-Iil2-20103 12: 28 LEAGUE OF MN CITIES P.l5/25 Minnesota Department of Health Public Health Laboratory Paul Swedenborg 717 Delaware Street SE Minneapolis, MN 55414 (612) 676-5452 (612) 676-5514 (fax) F. Brochures and Other Information I. Publishers Group Chris Leonard 2085 Alvarado Lane Plymouth, MN 55447 (763) 473-0646 (763) 404-0725 (fax) www.streetdrulls.org - 12. L_ MRY-e2-2011l3 12' 29 LEAGUE IF m CITIES P.I6/25 VIIL my OF NQRTHFlELD CLANDESTINE DRUG lAB ORDINANCE ~* 22-<101 THR.OUGH 22-215 ARTICLE V. CLEANUP OF CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITES S~C. 22-201. General provisions. <a) Purpose and iIIuml. The plUpO&e of this article is to reduce public exposure to ~tb risks wMre law enforceme;nl officen have de=ined lbar haurdoua chemicals or residue from a suspected clandestlne drug lab site or associated dump .it. may exis~ Pro...sional rtport$. based on Msessments, le5~ and inveotiplions, .how that chemical.s used in the productiOll of illicit drugs can condeooe, penetraw, and contaminate S1.lrf"""., filIlri$hings, and eqUipmel11 of $utrOundlng strUCtures. The city 00=11 fin<;l$ tbat such .;(OS, and the personal property within snch sites, may contain mspeoted chemicals llIld ....idu.. thlIt place people, particularly children or adullS of child beuini ~e, at risk when exposed throogh inhabiting or visiting tl1e site or using Qr being expo.ed to COIltamiaated personal property. (b) interpretation and application. In the interpretlrticn llIld opplication of this article, tbe provioio", herein shall be COIl8tn.led to protect the public b~1h, .dety and weIr;"". Whe,e the conditions imposed by any provi,ion oflhis artIc!e are eilher more or less restrictive to the public than comparable ptoli!sion. imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which an: more restrictive or which impcse hiiher sWldardo 0' requiremonts on the publie .hall preVllil. Should any eourt of competent juri.diction declare any "",tion or subpart of this wele to be invalid, such decision ,hall no' affect lbe validity of the article as a whole or any part ihereof, other 1haIl the provision declared invalid. (Ord. No. 767, 5-20-2002) Sec. 22-202. Definitions. For thepmpos.. of this article, the following \I:rmS or words shall be in~ted as follows: Child ~helI me81t any person less dlan 18 yeor$ of age. Cllemical dump site shall mean any place or uta where chemicals or otller waste materials used in a clandesline drug lab opotation bAve been located. City sha11 mean the Cily ofNorthfiekl. Clandestine d/".tg lab opera/Ion shall me;m lbe unlawful manufactu,e or ottempt to manufacture a controlled substance. Cklndestine drug lab site shall mean any place or lIlca where law enforcement has dct<:rrnined thai conditions associated with an unlawful clandestine drug lab opemtion exist A clandestine drug lab si1e may iDclude dwellinis, acceS$ory buildings, str1lctu:.. or tUlits. a ehemical dump site, . vehicle. boat, trniler or other Qppliance or lWy other area or localion. Contl'olled su/H/tIrrce shall meon an}' drug, sub. tall.. or imm=diatc Jll"C'l'"OT in Minn. Slat. ~ 152.02 Schetiul.. I throngh V together willi any amendmenlo or modifications thereto. The tcnn shall not inelude distilled spirits, wine, malt beverages, inlOxioatlng liquors or tobaoeo. Household hazardous w""'''' ,ball mean waste generated from a clandestine drug lab operation. - 13 - l MAY-e2-2003 12'29 LEHGLE CF i'U'I CITIES P.17/2S Manujacwre, in places olher than a phannacy, shall mean and includ.the production, cultiVlllion, quality CC1l1fQ1, aad standllrdization, by mechanical, physical, chemical r:tr pharmacentical means. and the packini, repacking, tablettng, encapsulating, labeling, relabeling, or fiJlilli of drua;. OW1ler shall mean any pcrton(s), finn(s). ootporation(s) or other entitY wlto or whioh OWllli, in wbcle or in part, tho land, bllildiDg, struoture, vehicle, boat, tl'ailer or other location associated willt a clacdestine dlUg lab site or chemical dump sire. (Or<!. No. 767, 5-10-10(2) Sec. Z.1-Z03. Declaration of site and contents as a pubUc health n uisan<:e. All dwollinp, OCC0580IY swclureS, buildings, vehiole$, boats, trailers, persolllll properly, a4ja.cen! property or other Iooations, associated with a ollllldO$tino drug lab site or ohemioal dump site m: potemialJy unaafo due to health hazards and an: hereby declared to be a public h~lb nuisance. (Or<!. No. 767,5-10-2002) See. 12-204. Law eJlforCtlment action. 1f"1.w enforcement authorili~ determiIlolhe existence of a clacdostlne dtus lab site or chemical dump sire, the site, and. all personal property therein, ohaII be declared a public health nuisanc", Law Ollforc"",,,,,t aulltonties who identify conditions ....,ciatod with . clandestine drug lab sile or ohemical dump sire which may pl""e neighbors. tho vi$iting public, r:trpresenl and fulll10 occupants of the .ite at risk for",,!,oSW'e to harmful conlaJllUlanlS and other ilS<ociatod oonditiOl1S are ...thorizcd to take the fOllowing action: (J) Prompdy notify the city b~ offioio!, child protection, public llealm autl1oriti/>$ 81ld the appropriAte enforcement divisIon of tho drug Ollforceroent administration of the U.S.lustice Deplll'lmeDt of tho location of tile site, 3D<! the OWller itknown. of the conditions found; (2) Treat, st<lre, lranspon or dispose of all houaohold hazardous waste fO\l11d at tho .i.. in a manner COD8istont with state department of health, MinnesOla pollution oonlTOI and COIlIlt')' health dopmtment rules and regulatiON!; (3) Issue .le<llpo13ljl declaration of public health nuisance fur tho affected site and post.. copy of the ~lar.tion on aU domway entrances to tho site 0'; in tho case of bare land, pc.t the doclllr:llion in several conspicuous places on tho P1QPerty. TbiB temporary ~larat:ion of public hoolth nlUs01'i.Ce issued by law enfow,",,""t shall e:\pixe of\tt the city bulld.!ng o:l'liciaJ inspects the site and doteunines the "I'proprialeness of issuing. pennaIleII1 declaration of public heAlth nui$3I2Ce; (4) Notif'y all pmons ocoupying tho site thet a ll!mporary declazation of public bealth nuisance bas been is,ued; (5) Requite all persons occup>'ins the site tD im;nediately vlWlllO the site., remove all pelS frOlD the site, and not mum without written authorization from tho city building official; (6) Notify all oooupanl$ vaoating the site ll>a.! all pe=al propel'!)' at the site \ll3Y be coDtmninated with dangerous chomical residue; end (7) Put loelcs on each doorway ontr.ance to the sile to prohibit poople from entering the site wimaut wlh.orlzation after aJ1 oocupallfs af tho site have 'located. The obligation to promptly notify the peNOns and organization. mentioned above lIlll)' be delayed to accomplish appropriate law emOte"",,,,,t obj.etives, bu! only to the extent th:u public health and child - 14- l_ MAY-02-2003 12: 30 LEAGLE OF I'l-I CITIES P.18/25 protection responsibilities an: not unnecessarily compromi$cd. (,"d.~o. 767.5-20-2002) Sec.22.205. Staun of property. When tho clandestine drog lab site C!t chemioal dump site is inside a vehiole, boa~ trailer or other form of moveable perllonal property, law enforcement authorities $hall immedialllly ""ize it and not allow it to be tmlSported except to . more see"", location. In suoh <=ircOll1$tancos, an other requirements of this anicle sball be followed as closol)! as possible given tho specific !)pe of property in which the site is discovered. (Ord. ~o. 767, 5-20-2002) See.. 22.206. Action by city buildlng officiaL (a) r""poctian and daciarClion Ofmli$alIC/I. Within 48 hours of notificaOOn !bat law worcement authorities have determined the existenco of. olandestine dmE lab site or ohomica1 dump site, the oity building official shldl inspect the .ite to determine the appropriate soope of. permanent deoJm-alion of publio h~th l1\ll=e. Based on the re.llIts oflbe inspection, the city bllildmg official ",ay 1I1en promptly issue a pertnanenl doclantion of public h~th llllis= and . Do ~ol.Enter-Unsafe to Occupy Order fcn- the affected .ite to "'PlAce the temponuy deoIaraticm iosued and posted by law onfOIttment A COpy of the permanent decl&ration and order shall be posted on all dootwllJ entronceli to the site or, in the c"",, ofbere land, $hall be posted in sevon! conspioUOllS plaoes OIl the property. (b) AbaWMnt order. After the permanenl declaraIion of public health nuisanceluu been issued and posted, the city bu.iJdjng official .ball ,end w:ritt<:n notice to the site owner o!derine abatement of the public health nuisance. The abatement ordet shall include the following infoI'1l1llticll: (1) A copy of the declaration of public health nuisance and Do Not Enter-lJll.iafe to Occupy Order; (2) Information abOUI the potentially hazardous couditiOD of the silo; (3) Notification of llUspension of the site's renlalliCOllSO if appliesble; (4) A swumary of the .ilE owner. and occupant's responsibilities under this .mole; and (5) Infutmation !bat !WI.)' help lbe owner locale appropriate service8 necessary to aba"" the publio besJth nuisance. (e) Notice to eOl!<;.,."edpc,rti... The building ofilcialshall also mail "coPY of the potmllllenl declllI'lllion of publio bealth nuisance, "copy of this article. end "notlflcation of the suspension of the site's rental Ueonseos, If applicable, to the fullowing concemed parties at their last known oddmi.: (]) OccupantS Or residents of the site if the identities of such pa;= ai" known; (2) Neighh<lrs in proximity to the .it. who may be reasonably affected by" the conditions found; (3) The city OJlminiotrator; (4) The commWlily d,.""1Ielopmenl director; (5) The cily police deportment: (6) The appropriate enforcement division of tho dJ:uG enforcement administration of the u.S. Justice Departmen1; and (7) Other city, S!ale and 10ea1lWthorities, sucb as the oity water departmen~ the state pollution OOl1!l'Ol agency, the stat. departlllm! of1lealth, and the department of llJIlW'al resources which are known to have public aDd protection responsibilities that are applicable to the situation. (d) Modification or re7TWYol <if declarotio1l. The city building official is &>thorized to modify or remove the dec!a.talion of public beal1l1llUisance aftor the building official receives documentlltion /rom a oily approved envll'01lnlenul ha.Drd "'>ting and c1eaninS fom Stating that the suspeclod health and safety risks. inO{udinE those to neighbors and potential dweiliog =pants, oithor do nol e>cist or have beeo sufficiently obated or correoted to justifY amendmenl or removal of the declaration. - IS - MAY-~2-2003 12'31 LEAGUE OF MN CITIES P.19/25 (Ord. No. 707, 5.20-2002) See. J2-207. Site gwner's respcllsibllity tg act. Within ten bUlmes< days of the date the abatemel1l order is mailed to the owner of lhe lite, the owner shall accomplish the following: (1) PIll,.;tie tlte city building official with written notification: a. That the owner has confinne<l1llal all pel'SQCS and \beil" pets have vacale<llhe site; b. Of the Il8InO(s) of all chIldrell who the owner believes were residing at the site du.-Inil the time penoo the clandestine drug lab or chemical dump site is suspectJ!d to have been at the site; and c. That the .ito will remain vacale<l and ~ llIltil the publio health nuisance is oompletely abated as required by tIljs arlicle. (2) Contract with one or more city llWIllved envirotunontal ha=d testing and cleaning firms to conduct th. followinl: work in """ordance with the mool cUlTent 6talo depllrtmont o!beaIth guidelines; a. A detailed on-site wossment of the exreJ1t of conwnlllation at Ille site and the contamination of the personal property therein; b. Soillesling of the site and leStiJ1g of all ;>roperty l\lId soil in proximity to the site which the envirotunenW hazard te$ling and cleaning firm delel'l1ilile8 may have been affected by the conditions found III the site; . c. A oomplete clean up of th. ';Ie (inoludini but not limitJ!d to the clean up or rem.bval of plumbing, ventilation systems, fixlll.... and coDtamlnate<l soil) or a a-OlitiOll of the sit. me a cOlllpleto cleon "p of the ,,","'oUshed site; d. A complOle cl= up, or di6pooaI at an ZIpproVed dump sito, of all pasonal pmpctty in the site; e. A complete clean up of all property md soil in proximity to lhe site which is found to have been affected by the oonditiOrlS found at the site; f. Remediation teotlnll ancl fonow-up te$!ing, inoluding but not limited to testing of th, ventilation system and plumbing, to delmnine lbat all hoaJ!h tiJks are sufficiently reduced, """ording to Slate depllltI:nl\nl Qtheailh guidelines, to allow safe human occupancy and use of tho site and use of the personol property tborein and of a.l1 property and soil in proximity to tho site. . (3) Provide the city build.ing offioial with the identity ofilie reslinil and oleaning linn with which tho owner has OOlt=ted fur abatemotrt of tho publio health nuisance as roquimi above; and (4) Sign an agreemeut with tho oity building offioial establiehing a olean up scl1edule. The scho<iule shall estab!i$b reasonub1e deadlin~ for completing all acli""" required. by this article for abatement. of tho public b..Jtb nul,."CC. l'n dct01'll:1inin& appropri. deodli.ne., tho oity hui1ding official shail collS!dot practioa1limitations and tho availability of oonll'actors in approvirlg the S<lhellul. for oleu up. The site owner must meet all deadlines established ou the cl= "P schedule. Also, pursuant to th. deadlines established by the clellIl up ,chedule. th. site owner is reqWred to provide the city building offioial with written documentation of the clean up procdS, inoludinil a signed slalOlllent from a city approved <In\wnmellial hal:arll testing end C1eaninlllitm !hat the site, a.l1 personol property therein lllld all property and soil in proximity to tho sile, ill oare for Jmman oooupancy and use and that th. <:I0&ll \lIl was conducted in ..cordonee with the most ourrent .tale deparl!ll<llt of health guideline.. (Ord. No. 767, ,-20.2002) Sec. 22-208. Site owner's responsibility for costs. The sit. cwner shall b. r<$po".ibl. for all eoslS, including those of the city, of dealing with and abating the - 16 - l MAY-02-2003 12:31 LEAGUE OF MN CITIES P.20/25 publio health nuisance. irn;luding OOIltnlCtot, tees llI1d the city's e<:>sts for servioes performed in ..sociation willl the clattdestine drug lab sire or chemical dump site clean up. The city's costs may aIOQ ill~lllde, but shaH nol be limited 10: (I) Posting of the sire; (2) Notification of affcot=d parties; (3) Securing the site, p1'O\'iding limited acce.. to the SilO. and proSemltion ofunaulborize<l persons found at the sire: (4) Expeases related to the recovery of costs, including the assee&menl process; (5) LaboralOO' fee..; (0) ClelIn up services: (7) Administrative fees: (8) Legal fee<; OlId (9) Other "'",ciato<l costs. See 22-209. City action and recovery of costll. (,,) lithe building owner tails to oomply wilh ""y ofthc roquireIOeDlS of this article, the city buil<ling official i< authorized to take :lll reo.sonable actions neoessary to abate the public health llIlisance including, ~. but not 1im.i~ to, oontraotiDg with a dry approved Ol1virOmnental hazar(! leiling and oleaning firm to . collduct lbe work outlined in ..ction22.207(2) of thio article. ~. ' fe building official is also aut!lorized to provide a copy of the dee!anltion of pllblic health lluisance to the Ii"" and/or mortg.ge holdm of the affected site to help ..sure that persallS with interesl in tho ,it. have '/J acc~ to information about the <lcclaralion of public health nuisance. .~ (b) If the Co.!/S !C clean th" site or to ol_lbe pmonal property at the site ale prohibitively high in relation to the value of the site or the p=nal property, the city is authc~ to remove Or demolish the site, structure or building and/or disPOse of the pe71<)na1 property therein. These actions shall be taken in accordance willi the provisioJ>$ ofMinn, Stat. ch, 463 togetber with anyamendlllents or modificallons thereto. (c) tflhe oity abates !he public health tlI>illillce, in additbn to ""yother leg.J ro:medy, the city sltall be entitled to recover all of lts out of pockel costs plus an additional2S percent of 5\lCh costs for admini<trative and legal expense, The cily may ""'over oo.rs by oivi! ""tion against the owner of the Site or by assessing such COSts as a special charse o,gainsl!be site .. tax.. and speci8l _rs are cmitied am! collected pursuant 10 Minn. Stat, ~ 429.101 or according to the provisiol1$ ofMilln. Stat. cb. 463 toge-Jier with any amendments or modifi08lions thereto, (Ord. No. 767, S-20-2002) Sec. 22-210. Recovery of costs from persons causin~ dall1llge. No provisio... of this altiele are intended to limit the site owner., ""ideilu' Or the diy's niDt to rCCt;IVer cosrs incurTed under this article from either lhe persons contnbutillll to the public health nuisance, such as the opetatono of tho clandostinc drug lab, and/or from other lawful so=... (Ord. No. 767, S-20-2002) Sec.22-211. Sltll owner and address, 1:Vhen the site i. real property and tho owner or lbe address of the Owner of the site is WlknoWl!, the owner a.nd tho owner's address is deemed to be t!lat oflbe properoy's taxpayer's name and address ..that information i. rna!1ltained by tho county .Uditor, offico, When the site is a vehicle, boat or trailer and the owner orllle address of the owner of the site is unknown, tho owner and the owners address is deemed to be that of the person on me as the owner on the current or most recent tille to the vehicle, boat or trailer. (Ord. No. 767, 5.20.2002) -17- ~ MAY-02-21303 12: 32 LEAGUE OF i"N C I TI ES P.21/25 Sec. 22-212. Suspension of residential rentallicel1Se. Upon isSllal1Ce of a perm8Ilellt declaration of public health nuIsance, IlD)I residen1lal renrallic<Jl8e lssl.led by the city for the .ite, or OIly pvt thereof, is hereby declared to be: iJmnedilllC!Y suspended pending full compliance with this anicle. (Ord. No. 761, 5.20.2002) Sec, l2-213, Unauthorized removal of postiu!!5. It is unlawful for illY person, CiXGCpt authorized city personnel, tQ remove a tempOl'a1y or pennanent declaration of public healll1 nui$nce and/or Do Not Enter-Unsafe to Occupy Order from a chemical dump site or a clandestine drug lab lite. (Old. No. 767, 5-20.2002) Sec.22-214. Entry into or onto site. While a declaratirm of public hcallI1 nuisacce for an affected site is In effOCt and has been posted at the silll, no pet"$QtIS are permitted to be insiCe the ,;te, Qir on !he site property without prior writt"" consent of the city bWldillg official or as olh&wise anthorized by this article. To oonJirm compliance with !bill anicle lIlld to execute their dl.lties under this article, law ecforoeI!l""t off"",,", the oity b1.1ilding official, and any persons designated by the buildilli offloial. may enter onto the site property or enter into lhe site at any time while a declaration of public health nuisance is In effect for the site. (Ord. No. 767, 5-20-2002) See. 22-215. Removal of personal property from the site. While a declaration of public health llllis= for an affected site ;. in .ff",,! lUld has been posted at the .ite, no personal property may be removed from the site withont prior written consent from thO city building official. Consent to remove personal property $hali only be granted at 1I1e rcuonable discretion oflbe bulldillg official. aDd only in cam ofhml$hip al\er: (1) A city approved environmental hazard testing andoleaai.tlg fum has advisod the city, in wtitillll, that the itcm(s) ofpersonil property.... be sufficiently cleaned to remove all harmful contamination; and (2) The owner of tho personal property agrees in wtiting: ... That the oWller is a....... O(the dal;gcr of using the contaminated property; b' ThaI the owner willlhoroughly cleal>. the properly to romov. all cnn""';".';on before the property is used; and c. 'That the owncrrcl_.. and alll'CC6 to indemnify the city, its staff. ond the city council from all liability to the owner and/or third persons for injuries or dame.ges caused, OJ: alleged III have been caused, by the cootamina!ed. propel'ty. (Ord. No. 767,5-20.2002) - 18 - CITY OF ANOKA ORDINANCE NO. 2001- 1108 AN ORDINANCE AMENDING CHAPTER 21, NUISANCES, ADDING ARTICLE IlL REDUCING HEALTH RISK EXPOSURE AT CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITES, OF THE CITY CODE OF THE CITY OF ANOKA THE COUNCIL OF THE CITY OF ANOKA ORDAINS: SECTION 1: Article ill, Section 21-20, Section 21-21, Section 21-23 of Chapter 21, of the Code of the City of Anoka are hereby created and made an official part of the Code and are hereby to read as follows: Section 21-20. General Provisions. (a) PUI:pose and Intent. The purpose of this Article is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dump site may exist. The City Council finds that such sites may contain suspected chemicals arid residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site, now and in the future. (b) Interpretation and Application. In their interpretation and application, the provisions of this Article shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provision of this Article are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Should any court of competent jurisdiction declare any section or subpart of this Article ~ to be invalid, such decision shall not affect the validity of the Article as a whole or any I 'fart thereof; other than the provision declared invalid. l ~~Jees. Fees for the administration of this Article may be established and amended periodically by resolution of the City Council. . (d) Definitions. For the purposes of this Article, the following terms or words shall be interpreted as follows: 1. Child shall mean any person less than 18 years of age. 2. Chemical dumpsite shall mean any place or area where chemicals or other waste materials used in a clandestine drug lab have been located. 3. Clandestine drug lab shall mean the unlawful manufacture or attempt to manufacture controlled substances. 4. Clandestine drug lab site shall mean 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 may include dwellings, accessory buildings, accessory structures, a chemical dump site or any land. ~ Ordinance #2001 - 1108 Page 2 of 4 5. Controlled substance shall means a drug, substance or immediate precursor in Schedules I through V ofM.S.g 152.02. The term shall not include distilled pirits, wine, malt beverages, intoxicating liquors or tobacco. ousehold 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 Minnesota Department of Health, Minnesota Pollution Control, and Anoka County Health Department rules and regulations. 7. Manufacture. in places other than a pharmacy, shall mean and include the production, cultivation, qualify contro~ and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of drugs. 8. Owner shall mean any person, firm or corporation who owns, in whole or in part, the land, buildings or structures associated with a clandestine drug lab site or chemical dumpsite. _ 9. Public health nuisance. AlI-Mellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance. Section 21-21. Administration. (a) Law Enforcement Notice to Other Authorities. Law enforcement authorities that identify conditions associated with a clandestine drug lab site or chemical dump site that places neighbors, visiting public, or present and future occupants of the dwelling at risk for exposure to harmful contaminants and other associated conditions must promptly notify the appropriate municipal, child protection, and public health authorities of the property location, property owner ifknown, and conditions found. (b) Declaration ofProoertv as a Public Health Nuisance. If law enforcement determines the existence of a clandestine drug lab site or chemical dump site, the property shall be declared a public health nuisance. (c) Notice of Public Health Nuisance to Concerned Parties. Upon notification by law enforcement authorities, the City Building Official shall promptly issue a Declaration of Public Health Notice for the affected property ~d post a copy of the Declaration at the probable entrance to the dwelling or property. The Building Official shall also notify the owner of the property by mail and notify the following parties: 1. Occupants of the property; 2. Neighbors at probable risk; 3. The City of Anoka Police Department; and 4. Other state and local authorities, such as MPCA and MDH, which are known to have public and environmental protection responsibilities that are applicable to the situation. (d) Propertv Owner's Responsibility to Act. The Building Official shall also issue an order to abate the public health nuisance, including the following: ~ Ordinance #2001 - 1108 Page 3 of 4 L Immediately vacate those portions of the property, including building or structure interiors, which may place the occupants or visitors at risk. Promptly contract with appropriate environmental testing and cleaning firms to conduct an on-site assessment, complete clean-up and remediation testing and follow-up testing, and determine that the property risks are sufficiently reduced to allow safe human occupancy of the dwelling. The property owner shall notifY the City of actions taken and reach an agreement with the City on the clean-up schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for clean-up. Provide written documentation of the clean-up process, including a signed, written statement that the property is safe for human occupancy and that the clean-up was conducted in accordance with Minnesota Department of Health guidelines. 2. 3. (e) Property Owner's Responsibility for Costs. The property owner shall be responsible for all costs of vacation or clean-up of the site, including cqntractor's fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dump site clean-up. Public costs may include, but are not limited to: 1. Posting of the site; 2. Notification of affected parties; 3. Expenses related to the recovery of costs, including the assessment process; 4. Laboratory fees; 5. Clean-up services; 6. Administrative fees; and 7. Other associated costs. (f) Recovery of Public Costs. L If, after service of notice of the Declaration of Public Health Nuisance, the property owner fails to arrange appropriate assessment and clean-up, the City Building Official is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up. 2. If the City is unable to locate the property owner within ten days of the Declaration of Public Health Nuisance, the City is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up. 3. The City may abate the nuisance by removing the hazardous structure or building, or otherwise, according to Minnesota Statutes Chapter 463. 4. If the City abates the public health nuisance, in addition to any other legal remedy, the City shall be entitled to recover all costs plus an additional 25% ofthe costs for administration. 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 ~ . '.'_ ;;d,'.' .:'. __~",::"'i~,.,..",'.~'.,.:,'".;.'...."..""._,,...<c' Ordinance #2001 - 1l0S Page 4 of 4 property in the manner as taxes and special assessments are certified and collected pursuant to M.S. ~429.10L (g) Authority to Modify or Remove Declaration of Public Health Nuisance. 1. The Building Official is authorized to modify the Declaration conditions or remove the Declaration of Public Health Nuisance. 2. Such modifications or removal of the Declaration shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the dwelling. Section 21-22 Violations and Penalties. Any person violating any provision of this Article is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in M.S. ~609.02, Subd. 3. SECTION 2: This Ordinance shall be in full force and effective upon passage and seven days after publication. Introduced: Adopted: Published: Effective: Skogquist Freeburg Mussell Pierce Weaver Bjorn E. Skogquist, Mayor Amy T. Oehlers, Deputy City Clerk June 25,2001 July 2,2001 July 6, 2001 July 13, 2001 Aye X X X X X Nay Absent Abstain MAY-G2-2003 12: 33 LEAGLE CF f1'j CITIES P. 22/25 IX. END NOTES Much of the backiI'ound information for this material was obtained from the Minnesota Department of Health and can be found in their June 2002 publication entitled; "Response to Clandestine Drug Labs." This, and additional information, can also be obtained from the Minnesota Department of Health web site: . www.health.staie.mn.U5Idivs/ehlmeth I See Minn. Stat SI52.02, Subd. 3(3)(b) (2001) [,chodule m and Minn. StIl.l. S 152.02, SuM. 4(1) (2001) [ScheciuJc ill);.ee aJso, 21 U.S.c. 812, Schedule It, part (e) Olld 21 U.S.C. 812, Schedule m, part (aX3)(1990), ,ee also 21 C.F.R. 1300.01 (b)(S)(vi) (2000), 21 C.F.R. 1308.12(d)(2) and (g)(I) (2000) and 21 C.F.R. 1316.91(j)(2)(vii). , Minnesota Department of Health, Clandec1ine Dug Labs in Minnesota: Health, Safety and ~on Issues ~h 2002) I (Hereafrer MDH Heallb &: Safety). Publishers Group, MelbamphelOmin: Lab. - Neighborhood ~ourcc Guide (Summ... 2002). 'Id. , Minnesota Dcplll1llleDl 'Ji Health, Division of EnvitonmentaJ Health. Re.sponk to Clandes;;"e Dlug Labo (June 2002) 3 (Hereafter MDH Respo_ to Drug Lalls). 6 Bay West, Melhamphetamine DeconlllminarlDn Study, Fell. 2002, 3 (Horoafter Bay Wesl Study). , Id. , MOH Health & Safety, I. 'Id. 10 Id. See alio MJnnesota Department of Health FaCt Sheet Clandestine Dl'\li I..abs Aslle$sment for Food, Beverage and Lodging Establishments, 1. 11 MOB Health &. Safety, 2. " "Deallt could result when e>qXlS1.lJ:e i$ to a particularly IO~C chemical or the person exposed is particularly wlnc:table." MOH Health 8< Saiely, Z. "1d. 14 1d. Por mo... information on identifyillll ilIld dealing with soil and ground Water conwnination. see Minnesota Pellntion Conttol Ap>ey, Environmental Problems AssociBted with Clandestine Drug Openotiona, Sepl. 2000. 15 MOB Health &: Saiety, 5.6.. " "The USe of. voc= ."d shampoo mAclUne on I>Ioot porous fa~ric m.o.t<rialo will !i~y not ~e able to o<;hicve ~ cleanup goals." Bay West Sl:Idy, 6. '7 For mo... infonnation On identifying and dealing with soilllIld ground water contamination, see Minnesota Pollution Control Agency, Environmental Problems Associated with Clandestine Drug Operations, Sepl. 2000. "ld. "Id. '0 For more infcnnation On identifying and dealing with sewer contamination. see MInnesota Pollution Control Agency, Environmental Problenui AsIrociated with Clandestine Drug Operatiau.s, Sept. 2000. 'I For more infonnation on identif'ying and dealing with storm sewer ccnlamination, see Minnesota Pollution Control Agency. Environmental Probl""" Associated with Clandestine Drug Operations, Sept 2000. " For moro information on identif'yin: aile dealing with septic sys_ COlltamineJjon, soo Minnesota POlluti011 Conll'ol Agency, Environmental Problems Associallxi with Clandestinc Drug Operations, Sepl. 2000. " MDH Rcaponse to Drull Labs, 3. . " MDH Health 4< Safety,s. " MOM ~ponse to Drug Lab" 3. .. MOH Health 4< Safety, 3, '7 ld. See also MIlH Health &: Safety, 3. 'I MOH ltesponse 10 Drug Labs, 3, See also Minn. Sl.!Jt. ~6()9.37S, Subd. 1 (2000). " MOB ReSpOllS'lIO Drug Labs, 3. 30 MDH Health &: Saiety, 2. " MDH RespoDS<lIO Drug Lab.. 3. " Ed. .19 " MAY-02-2003 12: 33 LEAGUE OF MN CITIES P. 23/25 " See Minnesota !lepanment of Health, G..,etal Cleanup Guidelines fuz- CIJU1destine Dnli Lab. (May 2002) (Hmafttr MDH Cleanup Guidelinell). " MDH RC$po_ to Drull Labs, 3. II MDH Health &; Safety, I. 30 Id. 6-7. See also Bay West Study, for a discussion of Which te$ling and cleanmg materials and procedures wori< 0'" in redl,lcillg lllethomphetamhl. conoemations on dlffcrem building surfaces. 31 MDH Clem,,!, Guidl!!u..., 1.2. " Id.at2. ,. Id. a14. 40 Id. all " Ie;!. at 4-5. ., ld. at 5. " Id. .. MDH Health &; Safety, 6-7. ... MDB. Cleanup Guidelines, ~. "MDH Health & Safety, 6-7. See also MDIJ; Cle= Guidelines, S oiting Milln. Stat. ~8S.171 (1996) C/ MDH Heolth &: Safety, 6-7. <& Id. For mOIl!: illfonnatiotlen identifying and dealing with soil and ground water oontamination, $Oe MiDnesota Pollution Control Agency publication: Envm;".,."llIltal Problems Assooiated wiill Clandestine Dl'Iig Operation., S"!'t. 2000. ... MIlH Cleanup Guidelines, 4 ("AbsCIbcnttnate.rials can aeeumulal.: vapor.! that are dispeIlled <Iurinj:: the oooking process, or can ooUe<:t dust and powder from chemieaIs l.i$ed ill drug mlltll,lfilcture, Non-lab ilmns can also be conlanlinaled by lab spills, supplies and equipment. PIofossioml judgment, and infurmatlOl1 from the prelimina:y _.ment must be applied ta deoisioDS regarding the disposition af thc.e goods .. they may be considered haza:rdo.... waste. ') See also MIlH Retommendations and DiSCllSSion of Bay West Methamphetallline Decontamination Study (Februmy 2002) 7-8 ~ven in areas of low eonlamination. "MDH ==cmls removing and replacina all oarpetins. . . .Other textUe prollucts, ineluding dry clean-only draperies, and uphol.tere<l ftttniture 'bauJd be discarded. Washable textiles such as c10thini and bedding oan be washed and :insed twice but would mo,e prudently be disoarded. ") " MDH Health & Safety, 7. " These gnidofull'" are mOR: fully deseribod. in the MDH Cleanup Guide.l~. '2 Bay West StudY, 2 ("Currently, the eleanup pi<telinc value for methamphetamine is I microgIlll21 per .q........ foot of ,wfilce area. ") See also MDH Cleanup OuidelJn.. 7. s. M:DHHealthk S..ety, 7. .. MDH Response to Drug Labs, 5. 'l Id- S! The Environmental PrQtection Agency has a LoeaI Govemments Reimbursement (LGR) program that may reimburse up to $25,000 per moth lab for cleanup ccsts inCllrred during temporary emergency response measw-es. For mcre information, oonta&t the EP A'i LOR helplino at (800) 4,1-9209, or submit llll e-mail requ.e$t to 19r.epa@epa.gov, or access the LOR webslte at www.epl.goglOUpemmdlprogramsJerllgr. See also 63 FR 8284 Web. 18, 1998) '21 USC 8S3(g) (200]). " See 21 use 853(,,) (200l), "Soe Millll. stat. 9:1463.15 tluwgh 463,261. lO lfthe city does not have its own city board of health, the county board of health ha:<Jurisdiction in lbe city (See Minn. Stat. ~145A.04, SuM. 1(1987). In sl,lch eases, it is arguable that the county bow of health has an obliption '" talre action to abate the nulsanee. See Milln. Stat. % 145A.04, Subd. 8(a)-(d) (1987) which provide., in part that: (e) If a threat to the public health sueh as a public health IU1isenoe .'. . is fonnd on any propeny, the board of health or its agent ,hlIll order the owner or occupant of the property to remove or abate the threat wilbin a time specifled in the nolice bnt not longer than ten days, . . (d) If the owner, occtlPanl, or agent fu4 or ""gleets to comply. . . then the boan:l ofhealm or its agent sball remove or Abele tho nu;'lII1CO . . . (emph.,;, added). -20. MH'r'-02-2003 12: 34 LEAGUE OF MN CITIES P.24.'25 Pursuant to S 145A.04, Suba. 10 (1987): "It iso. mi:sdcmeanor fur a membtt Or agent of. boor<! of health to rofUse or neglect to perform a duty imposed 00 a boar<1 of health by $bltul<: or ordir1ance." The questioc then ~lM5 whelher the con~ted .ito fits the <1efinition of. "public hoaltb nuisance." See Minn. Stat. ~ 14~A.02. SuM. 7 rI997). , Mian. Stat *609.74 (1986) pr<>vidos, in part, tbsl: Whoever by an act or failure to perform a legal duty intentior>.ally does any of the following is iW1ty Olmolm.I"I"g a public ouisance, whiell is a ll1isdemeanot: (1) MointaUl. or permits a condition Which UIll"OllSOlllIbly amJlJys. injures or endangers the .afety, health, morals, comfort, or repose of any considemblo number of members of the public.. . See also Minn. Smt. 9609.745 (l986)("Whoever havillg oontrol ofrear proporty permits it to be u.ed to maintain a public nws""ce or leIS the same knowing it wiU be so uae<lls guilty of a misdcmelll1or. ") S.. al.o MinD. Stat ll617.81 (I 997)(regardinl injunctions or ahatoment CT<lm regording nuiaances.) 0: Minn. Stat.li609.5311, SuM 2 (1993). 6l For more information 00 cleanup requirements for state-licensed establJshmealS, ,ee Minnesota Dep;ortment of Healm Fact Sheet: Clandestine Drug Lab. Assessment for Food, Beverage ",,01 L.odaina Establlahment;. " SeeMlM. ScaL li561.01 (1927) " Section 104.2.3 of the 1997 Ulliform Building Code proviclu, in part, that: "... the building official mayeDter the building Or promi>:o< at rCOllonabl. times to inapect or to perform the duti., nuposed by this code." .. Section 104.2.9 of the 1997 Uniform lluilding Code providos, in pan, !hat: "... the bUildiDg ofileial =y ""lWre te.ts as proof of compliance to be ma<le at no ""p_' to this jurisdictiOD , . . Iftbero lite no recognized and accepted test methods for the proposed alternate, the building official shall determim> lOit procedures." " Section 102 of the 1997 Uniform Building Code provides in pan that: "All building' or structures regulated by this code that are . . , otherwise dar,aeroua to human life are, fQr the purpoee of this section, \UlSafe." MinnosolZl Rule 1305.0102 amended part of the SectiOD 102 of the Uniform Building Code to provide in pm that "All _afe building., stroetmos or ~ are public nuisances llIld Illust be obated by repair. rehabililZltion, <1emolition or removsJ in accordance wir/1 the procedUre. in Minnesota Statutes, H463.15 to 463.26." A violation of the Unifonn Building Code is a misdom.."or. See Minn. Rule 1305.0103 and Miml. Slat S 168.69 (1984). .. 1997 Unirbrm Buil<li.'1g Code, Sectioo 103 provide., in pat!, that: "It ,hall bo unlawful for OIly person. . . to . , , usc, occupy or maintain any buildini or sl1lJ= or """"e or permit the same to be done in violation of!lJis code." See also Section 104.2.5 which provides, inplllt, lbat: "Whenever any building Or ltructure . . . ~i\llated by this code is being used contrary to the provisions of thil cede, tile building official may order '\lcb. us. diacootinued ",,<1 the structure, or portico lhereof, v~ed. . ." .. 1997 UIlifonn Houslcg Code Section 201.2. 70 1997 Unifoltn Housing Code section 40 1 <1efines a nuisance, in part, as: "1. Any pubHc nuisance known at common law or in equity juriaprudonce. . . [er] . . .3. Whatever i, dangl\rOUS to human life or is detrimental to health, as determined by the health officer." n 1997 Uoifonn Honsing Code section 100 1.4 provides tbsl: "Buiklini' or portioos thereof in whicn there exists any auisan<:e as defined in this cede are deemed Il\Jbltandard building.." 11 1997 Uniform Housing Code seetilm 1101.1 prmidcs, in part,!hat: "Whe.n!be buildJng official has . . . determined that .uelI b\lil<ilng is a substandard builcliog, the building official shall commence proceeding. to Call,e the "",air, rehahilitatic", """"'tion or demolition of !he buildin&," 13 See 1997 Uniform Houaing Code sections 201.3 and 1605. 14 MllH :Response to Drug Labs, S. ." Oakdale City Ordinance Code, lis 18.16 through 18-28. " Anoka City Or<Iinanee Code, H21.20 thro'.18b 21.22. 77 Northtield Ordin2nce Code ~~22-20 I through 22-215. .A copy of the Northtield Ordinance can also be found in Section \11 of these materials. ?I See Olmatead Coucry Board Resolution 01-99 (Oct. 23, 2001). 79 For aootb.er exampl. of" municipal ordinanoe roqujring clOl1lJUp of motl"unl'hetamine contamination, gee Matthews Ml.llllclpal Ordinances, ll43.07.20 (2d ed. 1997) (BUILDING CONTAMINATED BY ME'fHAMPHET AMINE). .. MDH R.espcna. to Dnlg Labs, 7. " rd. ., Id. See Section 4: Local Response - Retailers' Notiiication Prog.-.m. I I L_ - 2] . MAY-02-20103 12' 3S LERGUE OF MN CITIES P.25/25 " See Minnesota Rules Chap=- 7045 (sp.oifioally 7045.0221, .0292, aIld .0566). See also Minnesota Follution ConlrOl Agency publication: Managing Waste from Disassemblod Clandestine Dr\lg LAboratories (HazaMous Waste #3.19, June 2000). 14 Mcquillin. The Law of Municipal CozporatiOIlS (3rcl eel.), Volume 11, ~ 32.28.10 (Eminent Domain, "Taking" of Property, Ha=rdous Waste ManagemeDl). See also ~32.27 (1'akinz Under Folice Power Distinguished). 01her helpful sources of inD:mnation Cllll bt; foWld in Ameri08I1 JurispJUdonee, Second Editillll, Volume 26. Eminent Domain ~]2 (FlICtors Considered In PetenniniDg Whe1ber Particular Regulation Constitutes Taking) ("Courts have cOllSismotly heJ(j that . stale need not provide componsation whell, through regulation ar pollee power, It dlminishes or destroys the value of property by SlOpping illesat ae1ivity or ihllllng a public nuisance.''). See; a!s<l Corpus Juris SeolJndum, Volume 29A (EmInent Domain), ~8 (police And Other R<olated Powers In General). R&levaat cas.. include: Lucas v. South Carolina Coastal Council, 505 U.S. 1003,112 S.Ct. 2886, (1992); Key'tone Bitumin""" Coal Ass'n v. DeBenediotis, 480 U.S, 470, 107 S.CL ]232 (1987); Ro.e Acre Farms. Inc. v. U.S.. 2002 WL 2018674 (Fed.CI.,2002); Brown Y. Stale ofCalifcmi.. 26 Cal.R,ptr.2d 687 (J993) limite<! by MaoIingill Y. DeJ,\artmenrof Food & Al>;ricu!tllre, 125 Cal.R,ptr.2d 561 (2002); Jo_ v. Com., 549 S.E.2d 621 (Va. App. 200 I); A2tec Minoral. Corp. v, Romer, 940 F.2d 1025 (Colo.App.l996); B. C. Cotwlt.lnc. v. V""" 39 CaLRptr.2d. 484 (1995); ~ NoI1heastem l'hannaceutioal & Chemical Co., lnc., 810 F.2d. 726 (Mo. 1986); Nassr v. Com., 394 Mass. 767.477 N,E.2d. 987 (1985). "Itainlng are available on: Basic moth !all f'a<;t" siDa., recogcition, hazard.s; User sip ""d $}>mPtom.; Health effects in users, childml, first respollders and 01bM at lab .ites; lsb cleanup guidelines: Handl.ini of hazardous materials: Child eva.laalion and tteatlllent; Local response needs; Moth lab role, and l'eSpol1$ibilities; Qtlw-topic' ufon request. S Provides _ergenoy response servic.. and advice regarding the shipping and transwrWion of hazlIrdou. materials IncludiDg meth Ingredients .eized at loclll ~ Traitlin,... are available on: ldeotificatlon and rranspOI1 of hzzatdous materials; 4-hour initiol.wareness elass meeting OSHA initial responder training standards: CI",s for road cle...,..up crews 01' volunteers on identifying, evaluating and doalin: with hazsrdcus materials on public ~ropcrty. , !nfo""atlon is available on co=ination andlor environmental impacts to soil, wator, sanitary sewer, slOrttl sewer and. septic systems. " Fa;:t-sbcet:l and other mlll.h lab related information from m""y Minnesota agenei"" is available. SI The M~ota Deplll1lllem of Agrtcultlm: can help investigate where tho moth lab llSero oblSined their azlIlydrous ammonia and then work wilh lhe "'= to prevelll tutu!<> mlo_ ondIer theft of lb. cbe.nllcal. 90 According to the MInneOOta Dep= of Realm, there is no slatcwide certification prognun for dIU!llab cleanup companies. The contractors on the list "are koown to be liconsod prof-.ionaa who have Il$2d MOH cleanup guidance to successfully perform interior and exterior drug lab as.essmenl, olem:up, samplmg and &at reporting." MDH Response to Drug Labs. 1.5. -22. TOTRL P.25