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HomeMy WebLinkAboutWK December 11, 2003 -- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100 / FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US CITY COUNCIL WORKSHOP TRANSPORTATION/METH LAB ORDINANCE Thursday,-December 11,2003 - 6:30 PM (Meeting will be held in Conference Room A & B) AGENDA 1. Call to Order 2. Approve Agenda 3. Transportation Issues a. Hanson/Bluebird Intersection Improvements i. Clocktower Commons/Community Center ii. City Hall Access on Crosstown Blvd b. Hanson/Andover Blvd Intersection Improvements i. Advance Funding Initiative c. Off-Site County Road Improvement Policy d. County Sponsorship of Tax Abatement District e. Bunker Lake Blvd. Pedestrian Crossing i. DNR Grant Funding Opportunity f. County Road Improvement Projects 4. Meth Lab Ordinance a. Presentation (Quick Overview) b. Model Ordinance c. Financing Sources (Hand-out) S. Other Business Items 6. Adjourn 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 / FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY COUNCIL WORKSHOP TRANSPORTATION/METH LAB ORDINANCE Thursday, December 11, 2003 - 6:30 PM (Meeting will be held in Conference Room A & B) AGENDA 1. Call to Order 2. Approve Agenda 3. Transportation Issues a. Hanson/Bluebird Intersection Improvements i. Clocktower Commons/Community Center ii. City Hall Access on Crosstown Blvd b. Hanson/ Andover Blvd Intersection Improvements i. Advance Funding Initiative c. Off-Site County Road Improvement Policy d. County Sponsorship of Tax Abatement District e. Bunker Lake Blvd. Pedestrian Crossing i. DNR Grant Funding Opportunity f. County Road Improvement Projects 4. Meth Lab Ordinance a. Presentation (Quick Overview) b. Model Ordinance c. Financing Sources (Hand-out) 5. Other Business Items 6. Adjourn J C I T Y o F {i5 NDOVE / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrat01~ FROM: David Berkowitz, City Engineer SUBJECT: Anoka County's Five Year Highway Improvement Plan Update- Engineering DATE: December 11, 2003 INTRODUCTION The Anoka County Highway Department has completed their Five Year Highway Improvement Plan. There are several projects within the next 5 years that are within the City limits and will directly impact Andover. DISCUSSION The projects listed in the County's Five Year Highway Improvement Plan that directly impact Andover are as follows: 2004 - Intersection and Traffic Signal Improvement at CSAH 9 (Round Lake Boulevard NW) & .' CSAH 20 (15th Avenue NW). 2006 - Corridor Reconstruction for CSAH 78 (Hanson Boulevard NW) from TH 242 to 1000 ft. north of CSAH 116 (Bunker Lake Boulevard NW). - Intersection and Traffic Signal Improvement at CSAH 78 (Hanson Boulevard NW) & Andover Boulevard NW. This improvement is currently listed as Unfunded. The county has applied twice for Hazardous Elimination Safety Funds (HES) with no success. .2007 - Corridor Reconstruction for CR 18 (Crosstown Boulevard NW) from Andover Boulevard NW to CSAH 78 (Hanson Boulevard NW). This project is also listed as Unfunded. Unfunded projects will not be constructed until an additional funding source such as federal funds have been identified. Typically a project is constructed 1-3 years after the approval of the additional funding source. A copy of the County's Five Year Highway Improvement Plan is available for your review at the City Hall. ACTION REQUESTED This is for your information. No action is required. Respectfully submitted, ~CJ, / David D. Berkowitz City Engineer ~NDbVE~ (j) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: John Erar, City Administrator SUBJECT: Consider Meth Lab Ordinance Adoption DATE: December 11, 2003 INTRODUCTION This agenda item has been scheduled for discussion on Thursday, December 11,2003 following discussions on County-City Transportation issues. The Anoka County Sheriffs Office, Anoka County Community Health and Environmental Services, the City Attorney's Office, the City of Anoka, and City staff from the Fire, Community Development, Building Inspections and Administration departments have been collaborating to prepare information on a proposed Meth Lab Ordinance. This issue was identified as a 2003-04 Council Goal-setting item for Council consideration. DISCUSSION As Council has requested, a copy of the model ordinance is attached, along with information regarding funding sources and mechanisms available to the City regarding clean-up costs. Representatives from the above named agencies and departments will be in attendance at the workshop and have been told that the Council desires to limit discussion to no more than 15 minutes. BUDGET IMPACT Subject to the information provided, the City would have minimal financial exposure associated with meth lab cleanup given municipal authority to assess costs against the subject property, and/or reimbursement opportunities from federal grants (attached handout). ACTION REQUIRED Consider adoption of the attached ordinance on the Reduction of Health Risk Exposure at Clandestine Drug Lab Sites and Chemical Dump Sites (Meth Labs). Respectfully submitted, I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. An Ordinance Reducing Health Risk Exposure at Clandestine Drug Lab Sites and Chemical Dump Sites The City Council of the City of Andover hereby ordains as follows: Section 1. General Provisions. (a) Purpose and Intent. The purpose of this Ordinance 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 and 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. Based upon professional reports, assessments, testing and investigations, the City Council finds that such hazardous chemicals can condense, penetrate, and contaminate on the land, surfaces, furnishings, buildings, and equipment in or near structures or other locations where such sites exist. The Council finds that these conditions present health and safety risks to residents, occupants and visitors through fire, explosion, skin and respiratory exposure and related dangers. The Council further finds that such sites present health and safety risks to occupied residences, buildings and structures and to the general housing stock of the community. (b) Interpretation and Application. In their interpretation and application, the provisions of this Ordinance 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 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 Ordinance 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. (c) Fees. Fees for the administration of this Ordinance may be established and amended periodically by ordinance of the City Council. , / -1- (d) Definitions. For the purpose of this Ordinance, the following terms or words shall be interpreted as follows: 1. Child shall mean any person less than 18 years of age. 2. Chemical dump site 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 had determined that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site may include motor vehicle and trailers, dwellings, accessory buildings, accessory structures, commercial structures, multi- family structures, a chemical dump site or any land. 5. Controlled substance shall mean a drug, substance or immediate precursor in Schedules I through V of Minn. Stat. ~ 152.02. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. 6. Hazardous wastes shall mean waste generated, including equipment, from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with the Minnesota Department of Health, 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, quality control, 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 dump site. 9. Public health nuisance. AIl dwellings, 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 pursuant to Minn. Stat. ~ 463.15, et seq.; ~ 412 221, et seq.; and 145A.Ol, et seq. Section 2. Admini.~trl\tion.. (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 if known, and conditions found. (b) Declaration of Property 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. / -2- (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 Nuisance for the affected property and 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 potential risk; 3. The Anoka County Sheriffs Office, Anoka County Community Health and Environmental Services; 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. 5. The Building Official may notify any financial institution with an interest of record of the Declaration of Public Health Nuisance and shall notify such financial institution should the property owner timely fail to arrange for timely and appropriate assessment and clean up. 6. The Building Official may notify the insurance company with a policy known to be applicable to the subject property and shall notify such insurance company should the property owner fail to arrange for timely and appropriate assessment and clean up. 7. The Building Official may cause a certified copy of the Declaration of Public Heath , Nuisance to be filed with the Office of the Anoka County Recorder or Registrar of Titles. Upon abatement of the nuisance as required herein, the Building Official shall cause a notice of successful abatement or removal of Declaration of Public Health Nuisance to be so recorded. (d) Property Owner's Responsibility to Act - Order for Abatement. The Building Official shall also issue an order to the owner to abate the public health nuisance, including the following: 1. That the owner, tenant, occupants or other persons in possession of the premises shall immediately vacate those portions of the property, including building and structure interiors, or dump site, which may place such persons at risk. No person shall reside in or occupy any premises or property subject to an order for abatement until such time as the Building Official has determined that the contamination has been reduced to an acceptable level and that the cleaning was conducted in accordance with Minnesota Department of Health guidelines. 2. 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 in accordance with Minnesota Department of Health guidelines. The property owner shall notify the City of actions taken and reach an agreement with the City on the / -3- clean-up schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for clean-up. 3. Provide written documentation of the clean-up process, including a signed, written statement that the contamination has been reduced to an acceptable level and that the clean-up was conducted in accordance with Minnesota Department of Health guidelines. (e) Property Owner's Responsibility for Costs. The property owner shaH be responsible for all costs of abatement or clean-up of the site, including contractor's fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dump site clean-up. The Building Official shall prepare and provide to the property owner a Statement of itemized Public Costs which shall be due and payable upon receipt. 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, including septic systems; 6. Administrative fees; 7. Emergency response costs; 8. Other associated costs; and 9. Any legal costs including attorney fees related to the nuisance abatement. (f) Recovery of Public Costs. 1. If, after service of notification 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 (10) 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. In cases involving motor vehicles, trailers, boats or other movable property, the City may abate the nuisance by disposal of the property. 4. If the City abates the public health nuisance, or otherwise incurs public costs, in addition to any other legal remedy, the City shall be entitled to recover all public costs. 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 -4- property in the manner as taxes and special assessments are certified and collected I pursuant to Minn. Stat. S 429.101. 5. Nothing herein shall limit the authority of the City to enforce this ordinance or seek any other legal remedy to abate the nuisance through declaratory action, injunction, nuisance declaration of otherwise. (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 Declarations shall only occur after . documentation from a qualified environnlental or cleaning tirm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected in accordance with Minnesota Department of Health guidelines. Section 3. City Council Review. The owner of the property or any party with a legal interest in the property who has been issued a Declaration of Public Health Nuisance, an Order for Abatement, or a Statement of Public Costs , may appeal the Declaration of Public Health Nuisance, the Order for Abatement or the Statement of Public Costs to the City Council. The appeal shall be in writing filed with the City Clerk and Anoka County Community Health and Environmental Services, specifYing the grounds for the appeal and the relief requested. The appeal must be filed within ten days of the issuance of the item from which appeal is taken. The City Council shall hear the appeal at the next available City Council meeting. Upon review, the City Council may affirm, modifY or reverse the action taken. The filing of an appeal shall suspend the terms of the Declaration of Public Health Nuisance, Order for Abatement, or Statement of Public Costs, whichever is applicable. However, in the instance of an appeal from an Order for Abatement, the appeal shall not. suspend that part of the order prohibiting occupancy of the property. Section 4. Violations and Penalties. Any person violating any provisions of this Article is guilty ofa misdemeanor and upon conviction shall be subject to the penalties set forth in Minn. Stat. S 609.02, Subd. 3. -5- -- Adopted by the City Council of the City of Andover on this _ day of .2003. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk ~chaeIR. CJarnache, ~ayor -6- Sl\NDbVE~ , 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US METH LAB CLEAN-UP FINANCING SOURCES INFORMATIONAL HANDOUT Novernber19,2003 Possible sources of funding and/or reimbursement for meth lab clean-up costs include: Order for Abatement - Places the cost of clean-up directly on the property owner restricting their ability to future lease or rent the residence until appropriate clean-up actions are taken. This approach ensures an economic disincentive for owners of rental properties who do not comply with abatement orders. U.S. Environmental Protection Agency - Due to the toxic nature of the chemicals used in methamphetamine production, local units of government may be eligible for reimbursement under the federal Local Governments Reimbursement program (LGR). Eligible agencies include countiesy cities, and townships. Please see attachments describing federal grant program and procedures for reimbursement. City Assessment Procedures - Cities may be eligible to assess the costs back to the fee owner of the property for cleanup costs similar to other municipally provided services to unresponsive property owners who violate city ordinances. Proposed ordinance allows the City to recover public costs through civil action against the property owner by assessing the costs as a special tax. "Potential" Notification of Clean-up Costs to Mortgage Companies or other lien holders on the property - In the event of an uncooperative property owner as a last resort measure, cities may leverage their regulatory position by placing pressure on property owners to cooperate with municipality by alerting mortgage companies to issues of clean-up and the ramifications of attempting to re-occupy or dispose of the subject property without appropriate clean-up action. Mortgage documents typically specify restrictions on the use of residential property, which may affect their fmancial interest in the asset triggering foreclosure procedures. Mortgage companies would then be fmancially responsible for cleanup costs before property could be resold to the public at foreclosure sales. Emergency Response Program, Local Governments Reimbursement... http://www.epa.gov/superfund/programs/er/lgr/Igrreqs.htm U.S. Environmental Protection Agency " \ " Search: I ,,' Contact Us I Print Version EPA Home> Superfund> ProQrams > EmerQencv Response (ER) ProQram > Local Governments Reimbursement> Requirements Local Governments Reimbursement _ Requirements Eliqibilitv I ReqUirements I Contacts I FAQs I LGR News I Application Once a local government has decided to apply for reimbursement, there are a number of basic requirements that must be met to comply with the regulations of the LGR program. When completing the LGR application, local governments should pay special attention to the following requirements to facilitate the reimbursement process: Reimbursement cannot supplant local funds normally provided for a response. In other words, if a local government budgets for emergency response activities, it must draw from this budget to pay for the cost of a response. However, if a local government's funds have been depleted, then it J may be eligible for reimbursement under EPA's LGR program. In addition, other items that may not be budgeted for (e.g" overtime pay, unanticipated materials and supplies) may also be reimbursable under the LGR program. Cost recovery must be pursued prior to applying for reimbursement. The applicant must complete the Cost Recovery Summary Table, included in the application, to document the background and current status of cost recovery efforts. It should be clear that all available sources of cost recovery (i.e" responsible parties and their insurance, the state, and local government insurance) have been pursued. Although not required, it is recommended that a copy of all related correspondence also be included in the application to document the applicant's cost recovery efforts. Potential cost recovery sources should be given a minimum of 60 days to respond before an LGR application is filed. By signing on the last page of the application, a local government is certifying that cost recovery was pursued. Detailed cost documentation must be submitted with the application. The applicant must complete the detailed Cost Breakdown Table, included in the application. All costs for which reimbursement is being requested must be listed and supporting documentation (e.g., invoices, sales receipts, time sheets, or rental agreements) must be attached. (Please note: Costs incurred for long-term remedial measures do not qualify under the LGR program. Reimbursement is made only for temporary emergency measures conducted in response to hazardous substance releases, or threatened releases.) The application must be signed by the local government's highest lof2 8/22/2003 I :35 PM Emergency Response Program, Local Governments Reimbursement... http://www.epa.gov/superfund/programs/er/Igr/lgrreqs.htm ranking official. Examples of the highest ranking official include: Mayor, City Manager, Board of Commissioners Chair, County Judge, or head of a federally recognized Indian Tribe. In instances where the highest ranking local official is unable to sign the application form, a letter of delegation along with the application that authorizes a delegate to sign the application on his or her behalf, must be submitted. Applications must be submitted to EPA within one year of the "date of response completion" of the response. For the LGR program, the date of completion is the date when all field work has been completed and all project deliverables (e.g., lab results, technical expert reports, or invoices) have been received by the local government. (The date of completion is not determined by cost recovery efforts, which can continue after an application for reimbursement is submitted.) In general, a local government should allow at least 60 days for each potential source of reimbursement to respond to a request for repayment before submitting an application to LGR. EPA will consider late applications on a case-by-case basis. OSWER Home I Superfund Home I Oil ProQram Home EPA Home I Privacy and Security Notice I Contact Us Last updated on Monday, April 7th, 2003 URL: hltp:/1www .epa. gov/superfund/programs/er/lg rllgrreqs. htm J / 20f2 8/22/2003 1 :35 PM Emergency Response Program, Local Governments Reimbursement... http://www.epa.gov/superfundJprograms/er/lgr/lgrnews,htm U.S. Environmental Protection Agency ~ 'f..c;, ~_..< \ ,I Search: I " j [ffi] Contact Us I Print Version EPA Home> Superfund> ProQrams > EmerQencv Response (ER) ProQram > Local Govemments Reimbursement> News Local Governments Reimbursement _ News EIiQibility I Requirements I Contacts I FAQs I LGR News I Application Village of Downers Grove, IL is Reimbursed Over $21,500 submitted September 25, 2002 On November 11, 2001, the Village Hall in Downers Grove, IL received a threatening letter that suggested that anthrax had been released into the village's water supply. The letter was opened by a employee of the Village Hall and contained a blue-ish white powdery substance, also suspected to be anthrax. The Police and Fire Departments responded and followed all protocols related to the handling , of suspicious substances. Water samples were drawn from 14 locations J throughout the Village and were tested by a local firm. Samples and tests were also conducted on the substance found in the envelope containing the threatening letter. All results thankfully, came back negative. No responsible parties were ever identified. The state informed the Village that they were not aware of any funding mechanism available to reimbursement emergency response to threatened releases of hazardous substances. The Village is also self-insured and therefore unable to recover costs from the insurance. The Village then requested reimbursement from the EPA's LGR program for the costs associated with the testing of the water supply and the powder found in the envelope, as well as for overtime costs for the responders to secure the scene. The testing alone costed the Village over $21,000. The Village of Downers Grove submitted an application signed by the mayor with all appropriate documentation (i.e., copies of all invoices, overtime paysheets for the responders as well as their rate of pay), Downers Grove, IL received reimbursement for $21,502.50 in June, 2002, for the cost of testing and overtime worked by the responders. OSWER Home I Superfund Home I 011 ProQram Home lof2 8/22/2003 1:35 PM