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<br />Mr. Bill Malinen
<br />Monday, April 26, 2010
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<br />Vandalism and security are also particularly noted problems with urban agricultural
<br />activities.16 Relying upon neighbors to patrol and generally be the "eyes on the garden"�� does
<br />not satisfy the security concerns of the affected neighborhood. In fact, there is something to be
<br />said for land use decisions being made by persons not living in the affected neighborhood (i.e.,
<br />visitors) that expressly presume the meaningful involvement of affected neighbors without
<br />official public notice and dispassionate decision-making by the city council.
<br />Additionally, NCPC's plans do not presently call for the installation of irrigation to
<br />prevent the blowing of dirt.lg Perhaps more importantly, the present plans also do not involve
<br />soil testing by the Minnesota Pollution Control Agency.19 What was once considered safe to be
<br />used on land years ago, before NCPC came into being, may not be considered safe or healthy
<br />now. Further, while some materials tend to leach out over time, others may not have. Only
<br />complete soil testing by the proper state authority would confirm the absence of harmful
<br />substances in the soil - especially if that soil is being used to grow produce for public
<br />consumption.
<br />These are but a few of the concerns that the affected neighborhood has regarding NCPC's
<br />proposed land use as a"community garden" or an"urban agriculture" site. Public notice and a
<br />public hearing attendant to the conditional use permit requirement would likely ferret out many
<br />16 "An 8-foot fence around the perimeter with a drive-through gate. In our experience, this is a key element of
<br />success. Don't count on eliminating all acts of vandalism or theft, but fencing will help to keep these to tolerably
<br />low levels." University of California Cooperative Extension, Community Garden Start-Up Guide, p.4; see also id. at
<br />6. <http://celosangeles.ucdavis.edu/garden/articles/pdf/startup�uide.pdf>
<br />" See supra note 5.
<br />18 "We plan to use hoses the first year to learn needs, costs, issues. Once clear on preferences, we plan to run pipes
<br />underground to more set facets [sic]. Regarding blowing dirt, we were concerned with this early on too, so we
<br />decided to not plow the area (lots of potential issues), but rather rototill a limited number of plots, keeping grass a
<br />mowers width apart rows of plots." (Kim Spear April 18, 2010 email to Larry Leiendecker). See also University of
<br />California Cooperative Extension, Community Garden Start-Up Guide, pp.4, 6(identifying irrigation as a"key
<br />element" in community gardens). <http://celosangeles.ucdavis.edu/garden/articles/pdf/startup_guide.pdfl
<br />19 "We are using the UM extension service and other UM resources." (Kim Spear April 18, 2010 email to Larry
<br />Leiendecker). It is believed; as verbally reported by NCPC's Gavin Watt to Larry Leiendecker on April 17, 2010;
<br />that the U of M extension service only tests for the presence of lead in the soil and mostly tests soil PH and soil
<br />nutrients - but does not test for the presence of harmful metals like aluminum, arsenic, cadmium, mercury, et cetera.
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