January 7, 2009
CITY HALL RESPONDS, BUT DOES NOT ANSWER OUR QUESTIONS.
OAK GROVE CITY HALL
19900 Nightingale Street NW
Oak Grove, Minnesota 55011
Telephone (763) 753-1920
Fax (763) 753-6271

Mr. and Mrs. xxxxxx:

Thank you for your email from Friday, January 2, 2009 at 2:06 pm. I was out of the office Friday, but want to follow up with you with and address your question regarding the City’s Ordinance on nuisance issues.

Although and as you point out, I am a new City Staff member; however, I have read our Code and am familiar with the ordinance you cite. Issues such as this one can be addressed by the City as a "public nuisance" under state law and equivalent provisions of the City Code, if the conditions are negatively impacting a "considerable number of people." A public nuisance is defined in MN State Statute 609.74, which I believe you have been provided a copy of in prior correspondence. The City received complaints in September from a “considerable number of members of the public” and based on that threshold test being met, staff was able to bring the issue before City Council. Meeting this test would be how the ordinance related to public nuisance becomes enforceable and meets the provisions defined under state law. Following the council meeting and a subsequent letter to the OWB property owner, that property owner installed the 4 foot stack to the boiler as one remedy outlined as a resolution method. Their voluntary compliance with that request by a specified date abated the nuisance brought before council. This remedy seemed to resolve the issue for the majority or “considerable number” of people.

I am not a mechanical or chemical engineer or scientist, nor do I have any medical knowledge or expertise to address your statements regarding the medical and chemical affects of OWB emissions. While I understand there may be some research out there that supports your claims, I have not viewed any specific, empirical evidence, tests, or proof that the specific OWB in question is emitting the volume of smoke and odor cited in your email. Further, the city has no way of measuring it.

I understand you still have concerns and issues with this specific OWB; but as I explained during our meeting at your home, staff’s options are very limited because the use of OWB’s are not prohibited in Oak Grove, our code does not provided any specific restrictions on their use, and Council did not choose to enact any specific restrictions by ordinance. As discussed, City staff has not witnessed the expansive amount of smoke you’ve described, nor any noxious odors, upon various staff’s numerous inspections along Swallow, Uplander, and 201st Avenue at various times throughout the day to date. Also please note, that staff, on multiple occasions, has viewed garbage and recycling bins located at the front entrance to the OWB property, providing sufficient evidence that this property appears to have regular garbage and recycling pick up.

Unfortunately this issue is essentially a private dispute between neighbors. However as promised, I have been in contact with the OWB property owners in attempt to meet with them and try to amicably resolve this neighborhood dispute for you. I will follow up with you once that meeting has occurred. I plan to speak with them about several options; however you need to realize and accept that their use of the OWB is not prohibited in the City of Oak Grove and therefore the City can not demand the termination of its use.

If these efforts to provide you further relief are successful and that neighbor responds in good faith, I am requesting that you in turn, as a good faith gesture and good neighbor, agree to remove the two signs from your yard, discontinue the web site, and a cessation of emails and letters to the City so that this issue can come to some resolution and be put to rest.

Alternatively, as explained in my previous letter to you, the mediation services of Anoka County or an appearance by the neighbors at a City Council meeting to voice your concerns are avenues you can pursue. Additionally, individuals can always pursue a "private nuisance" claim, a condition that is only negatively affecting them, through the courts without the City's involvement.

I will follow up in the near future on City staff’s final attempt to resolve the issue for you.