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City Council Regular Meeting Minutes <br /> January 8, 2002 <br /> Page 5 <br /> 1 Gilligan highlighted that attaching a period of time to the permit meant that <br /> 2 Essenco would need to come back and re-apply for their permit before the end of <br /> 3 the 120-day period. <br /> 4 <br /> .5 Councilmember Horst stated that, if any problems persisted related to odor, he <br /> 6 would not be in favor of approving the permit. <br /> 7 <br /> 8 Ken Solie, owner of the property, came forward and indicated that he and Essenco <br /> 9 did not feel that the 120-day period was enough time to run the business, discover <br /> 10 a problem and take care of the problem. He indicated that Charles McGinley, <br /> 11 McGinley and Associates, was present to address the Council and related <br /> 12 concerns. <br /> 13 <br /> 14 McGinley stated that the Metropolitan Council has been running an odor <br /> 15 laboratory at which odors are measured and quantified for over 20 years. He <br /> 16 continued that St. Croix Sensory Laboratories,the laboratory to which he is <br /> 17 associated, could assist the City of St. Anthony in developing an odor ordinance, <br /> 18 if they chose to do so. <br /> 19 <br /> 20 McGinley continued that several types of establishments emit odors of some sort. <br /> 21 He stated that he has been working with Essenco for seven days and has <br /> 22 established a couple of ways that they could improve the ventilation from within <br /> 23 the building. <br /> 24 <br /> 25 McGinley reviewed the different elements of odor measurement. He stated that <br /> 26 whether an individual likes, or dislikes an odor is the only subjective parameter of <br /> 27 odor. <br /> 28 <br /> 29 Councilmember Horst expressed his concern with the difficulty of guaranteeing <br /> 30 that Essenco follows through with their promises to fix problems associated with <br /> 31 odor. <br /> 32 <br /> 33. Councilmember Sparks asked what level of smell was acceptable, and when that <br /> 34 line may be crossed. McGinley responded that there are two ways to measure <br /> 35 acceptability standards. 'He indicated that they were able to limits on the length of <br /> 36 time that the smell was accepted(e.g.: 98%acceptability rate means that the odor <br /> 37 cannot be smelled more than 2%of the time through the course of a year.) <br /> 38 <br /> 39 Councilmember Sparks confirmed that if the City chooses to set standards, it was <br /> 40 possible. McGinley concurred. <br /> 41 <br /> 42 Mayor Hodson stated he felt it was a difficult standard. He indicated that, <br /> 43 although he was struggling with the issue, he felt that they have a considerable <br /> 44 amount of options for the space that would be much more objectionable. <br />