HomeMy WebLinkAboutPL PACKET 02192002 Meeting Sheet
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Folder: PL PACKETS 2000-2004
Document: PL PACKET 02192002
CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING AGENDA
FEBRUARY 19, 2002
7 p.m., Council Chambers
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ELECTION OF CHAIR AND VICE CHAIR
5. PUBLIC INPUT
Individuals may address the Planning Commission about any item not included on the regular
agenda. Speakers are-requested to come to the podium, state their name and address for the
Clerk's record, and limit their remarks to five minutes.
6. APPROVAL OF AGENDA
7. MEETING MINUTES
7.1 Review and Approve Planning Commission Minutes of December 18, 2001
8. COMMUNICATION FROM CITY COUNCIL
8.1 Designate a Planning Commission Member to the February 26, 2002; City Council
Meeting
9. PUBLIC HEARINGS
9.1 Side Yard Variance Request- Ray Whitehall, 3601 Roosevelt Street
10. INFORMATION AND DISCUSSION
10.1 Northwest Quadrant Redevelopment Update
10.2 Housing Point of Sale Ordinance
11. ANNOUNCEMENTS
11.1 Upcoming Land Use Planning Workshops
12. ADJOURNMENT
ATTENTION PLANNING COMMISSION MEMBERS:
IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE CONTACT SUE HENRY AT
612-706-1324.
1 CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 DECEMBER 18, 2001
6 7:00 P.M.
7
8
9 I. CALL TO ORDER. .
10 Chair Melsha called the meeting to order at 7:00 p.m.
11
12 II. PLEDGE OF ALLEGIANCE.
13 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance.
14
15 III. ROLL CALL.
16 Commissioners present: Chair Melsha; Vice Chair Stille; Commissioners Hanson, Steeves,
17 and Thomas.
18 Absent: Commissioner Tillman.
19 Also present: Assistant City Manager Susan Henry.
20
21 IV. APPROVAL OF AGENDA.
22
23 Motion by Vice Chair Stille, second by Commissioner Thomas, to approve the meeting agenda
24 with the change above.
25
26 Motion carried unanimously.
27
28 V. PUBLIC INPUT.
29 Hearing no comments, Chair Melsha moved forward with the agenda.
30
31 VI. MEETING MINUTES.
32 6.1 Review/Approval of the Planning Commission meeting minutes of November 20,2001.
33 Vice Chair Stille requested the following deletion: Page 3, Line 12 to strike: "where he
34 lives."
35 Chair Melsha requested the following change: Page 5, Line 4 to read: "...and suggested
36 that the Planning Commission recommended that the City Council consider amending the
37 zoning code to allow this use as a conditional use." Strike the remainder of the sentence.
38 Commissioner Thomas requested the following correction: -Page 14, Line 2: change
39 "five"to 'ten".
40
41 Motion by Vice Chair Stille, second by Commissioner Hanson, to approve the Planning
42 Commission meeting minutes of November 20, 2001, as amended above.
43
44 Motion carried unanimously.
45
46 VII. COMMUNICATION WITH CITY COUNCIL.
47 7.1 Designate a Planning Commission member to the City Council regular meeting of
48 August 28, 2001.
49 Chair Melsha appointed Commissioner Steeves to attend the next City Council meeting
50 on January 8, 2002.
51
52
Planning Commission Meeting Minutes
December 18, 2001
Page 2
1 VIII. HEARINGS.
2 8.1 Village North, LLP, 2801 37`h Avenue Northeast: Conditional use permit for packaging
3 of wax and other components into candle products.
4 Henry indicated that, at the request of the applicant, on November 27, 2001,the City
5 Council adopted wax and scented wax manufacturing processes to be added under
6 permitted conditional use in the Light Industrial zoning district. She continued that the
7 applicant was now requesting a conditional use permit for a company called Essenco to
8 occupy the building at 2801 37h Avenue Northeast. Essenco manufactures candles.
9
10 Henry stated that residents in the vicinity of the light industrial building at 280137'
11 Avenue Northeast have complained to City staff of perfumed odors coming from the
12 building over the last three to four weeks. Henry added that City staff has confirmed
13 Essenco already occupies the building and has begun its operation.
14
15 Henry indicated that Ken Solie has offered the concept of a review board as a possible
16 remedy if there is a problem with smell in the neighborhood. However, Henry stated, the
17 City Attorney has advised staff the City should not delegate its regulation to a citizen's
18 review committee, rather the City should have enforceable conditions in the conditional
19 use permit.
20
21 Henry concluded that the difficulty with this case is defining the problem: When has the
22 odor reached the public nuisance level? Is there a way to measure the smell? Or is it
23 merely subjective?
24
25 Ken Solie, owner of the building, came forward and agreed that it was very difficult to
26 set conditions of what determines a problem with odor. He continued that they looked at
27 four other cities that have ordinances in place that are relatable, and how they quantified.
28 the condition.
29
30 Solie indicated that they contacted the code compliance people in four different cities to
31 see if they have had a problem relating to odor from the facilities in their cities. He
32 stated that all four people indicated that they have not experienced any difficulties with
33 the candle manufacturing company in their city.
34
35 Solie indicated that he had researched differentways to quantify an odor problem and
36 ways that it could be attached to a conditional use permit. Through his research, Solie
37 learned that the only way to determine the intensity of an odor was through human smell.
38
39 Solie proposed that they devise some sort of criteria that would determine the point at
40 which an odor would be a problem. He suggested a condition that stated: if complaints
41 were received from residents, it would lead to the assembly of a committee through an
42 unbiased process, or they would retain a consultant to aid them in establishing their
43 criteria regarding the issue of odor.
44
45 Solie continued that they have looked at the mechanical systems of the building to ensure
46 that everything was operating properly in the building. He indicated that he hired Dan
47 Shinlof, of Mechanical Operations, who has gotten the mechanical systems in the
48 building running properly.
Planning Commission Meeting Minutes
December 18, 2001
Page 3
1
2 Shinlof came forward to share his knowledge of the building, having looked it over at
3 Solie's request. He reviewed some of the details and mechanics of the building that
. 4 make the system function-properly: a large unit on top of the building that pumps fresh
3 air into the building, two large exhaust fans on north side of the building.
6
7 Shinlof stated that the mechanics of the building were not functioning properly until this
8 week. He added that he went into the street to test the improved system, and stated that
9 he could not smell any odor.
10
11 Chair Melsha asked if, when they sampled the system, if they knew the direction of the
12 wind. Shinlof indicated it was a northwest wind, which was pretty typical.
13
14 Vice Chair Stille asked if there were other systems that they could use, if the recent
15 improvements did not satisfy the problem. Shinlof stated that there was the possibility to
16 add charcoal filters that could be put in line with the exhaust fans, or a hood over the area
17 where the actual manufacturing takes place.
18
19 Vice Chair Stille asked what type of smells the charcoal filters produce. Shinlof stated
20 that of the six hundred other buildings that his company works on,they have no filtering
21 systems. He added that the charcoal filters are the only ones that can actually filter any
22 smell out of the air.
23
24 Solie referred to a conditional use for a conditional use permit and indicated that,
25 generally speaking,they are involved in this type of business. He added that there is no
26 way to seriously demonstrate how effectively the improved system is working. He added
27 that, if they do get up and running and encounter problems,they will do the necessary
28 things to alleviate the concerns of the community.
29
30 Chair Melsha asked how expensive the charcoal filters are. Shinlof indicated that
31 installation of the original system would cost approximately$10,000, and maintenance of
32 the system would cost about$1,500 a year.
33
34 Solie stated that he was uncertain that there was a problem at this time with odor, and
35 reviewed the steps that they have taken to improve the mechanics of the building. He
36 added that the building has been running properly for only a week,and hoped that
37 residents were willing to see what they were willing to do to remedy any odor problems.
38
39 Chair Melsha stated that he was disappointed about was that the company was up and
40 running before they had received their approval. Solie reviewed the lengthy initial steps
41 that he took with the City of St. Anthony to allow the business to come into the City of
42 St. Anthony. He stated that he thought that Essenco was a perfect business to fall under
43 the light industrial category.
44
45 Solie continued that wax was not included in the light industrial. He stated that he, Mike
46 Morrison, and former Mayor Cavanaugh all assumed that going through with a change to
47 the city zoning ordinance to add wax would pass without any problem.
48
Planning Commission Meeting Minutes
December 18, 2001
Page 4
1 Solie continued that Levitus, owner of Essenco, needed to move out of his existing space,
2 so he moved all of his equipment over to the Village North location. Solie indicated that
3 the entire thing has dragged on for two months.
4 .
5 Levitus came forward to address the question of why they prematurely began operations.
6 He continued that it was a misunderstanding with what the City Council had granted.
7 Subsequently, he realized that they were in the wrong, and stopped operations
8 immediately.
9
10 Chair Melsha asked for the specific dates that they had been running. Levitus did not
11 have specific dates. He suggested that thy probably ceased operating ten days ago.
12
13 Levitus stated that Solie had done some research on the internet and provided Levitus
14 with a list of the fifteen residents that lived nearest the location. He added that he spoke
15 with several of them, all of whom were not concerned with the odor, nor had they noticed
16 any odor being omitted. He stated that the only resident that voiced any disconcertion
17 was a member of the family who placed the original complaint to the City.
18
19 Levitus continued that he had not received any return phone-calls from residents where
20 he left detailed messages and his phone number for the purpose of voicing any
21 complaints regarding the operation.
22
23 Chair Melsha asked Levitus to briefly explain his operation.
24
25 Levitus indicated that he spoke with St. Croix Sensory for the purpose of diluting the
26 fragrance with extra air. If they were to work with them, he suggested that the odor
27 should be eliminated by the time it would get across the street.
28
29 Vice Chair Stille asked about hours of operation. Levitus indicated that they typically
30 work one shift, home and that production start time was between 6:00 a.m. and 7:00 a.m.
31 He indicated that the shift lasts until 2:00 p.m. to 3:00 p.m. Levitus stated that
32 occasionally, based on seasonal needs,the shift might be extended a couple of hours. He
33 concluded by stating that August and September are the busiest time for them,and the
34 quietest are summer months.
35
36 Thomas asked if Levitus was operating at the last Planning Commission meeting of
37 November 20, 2002. Levitus indicated that they were not.
38
39 Commissioner Thomas asked about the twenty-five production employees that he
40 intended to hire,and if they were going to be receiving a living wage. Levitus stated that
41 he would pay them $7.50 an hour for an entry-level position.
42 Chair Melsha asked for a more concrete schedule from Levitus in terms of when they
43 would likely extend their hours. Levitus stated that August, September, October and first
44 part of November are the busiest time of year.
45
46 Solie stated that they did come across some specific terminology on how to quantify
47 odor. He reviewed a few scenarios with the Commission: appoint three neutral people to
Planning Commission Meeting Minutes
December 18, 2001
Page 5
1 assess the condition of odor, or hire a consulting firm(St. Croix Sensory)to establish a
2 committee to evaluate the issue.
3
4 In addition, Solie continued, the mechanics of the building are operating properly,but if a
5 problem arose,they.would hire a contractor to determine the-ways to improve the
6 problem, and be in tune with the concerns of the residents. He stressed his commitment
7 to address concerns of the community.
8
9 Solie suggested that they allow the business to operate and then address any problems
10 that arise.
11
12 Doug Tanner, 2206 St. Anthony Parkway, expressed his concern that they were breaking
13 the laws of St. Anthony by operating without a conditional use permit. He added that
14 ignorance was no exception from these businessmen.
15
16 Tanner continued that the uncertainty on the part of Levitus to not be able to detail the
17 exact start and stop dates of the when the operation was running was unacceptable. -
18
19 Tanner continued that he had visited the building on November 10, 2001. He stated that
20 an employee indicated that they had been making candles at that location for three to four
21 weeks, which meant that they were operating at the time of the last Planning Commission
22 meeting.
23
24 Tanner continued that he spoke to Levitus on the phone, and told his that the odors were
25 offensive. He continued that he had already gone through the details of the last odor
26 experience that came from the building in the past at the last Planning Commission
27 meeting. He acknowledged that there now exist two pink objects to block odor from
28 exiting through the front of the building, suggesting that they blocked off the front of the
29 building to prevent air from exiting.
30
31 Tanner continued to give examples regarding the operation and associated concerns with
32 the odor. He reviewed Solie's information and summarized it to say that the residents are
33 now forced to determine how much smell they can stand. He concluded that he felt that
34 the new ventilation system is pushing the odor out of the building twenty-four hours a
35 day.
36
37 Steve Valek, 2614 37`h Avenue Northeast, came forward and explained that they were
38 able to smell the fragrance in their backyard just prior to tonight's meeting. He asked
39 how long the smell remains in the building once operations have ceased. Levitus
40 indicated that, as long as there is product in the building, there would be a smell.
41
42 Kim Shaddrick, 2510 37`h Avenue Northeast,came forward. She indicated that,
43 regarding filters, she used to work in a high-rise downtown where filters were not
44 maintained due to cost, and health problems resulted from the neglect. She stated that
45 her husband did receive a phone-call from Levitus and was non-committal.
46
47 Shaddrick continued that,once they have a signed lease, would it be an issue that would
48 work against the community?
Planning Commission Meeting Minutes
December 18, 2001
Page 6
1
2 Shaddrick stated that the first time that she smelled it was over Thanksgiving weekend.
3 She continued with some historical examples, all of which revealed her impression of the
4 operation was that the smell.would be a long-term and invasive problem.
5
6 Shaddrick concluded that she feels that, as a community, they need to continue to
7 carefully assess and adopt those things that benefit the community. She stated that the
8 difference between a candle in one's home and the fragrance outside was that a candle
9 could be blown out,that it was a choice. She added that, in this matter, their rights and
10 freedom choice would be taken away.
11
12 Jennifer Tanner, 2614 37'Avenue, stated that she understood that no odors would be
13 emitted from the last meeting. Chair Melsha stated that was true.
14
15 Jennifer Tanner asked if anyone was checking up on whether the operation has ceased at
16 this time. Henry indicated that the City has stated, more than once,that Essenco was to
17 cease operation. Henry stated that she and Mike Mornson made it clear last Tuesday to
18 Levitus that operations should have ceased.
19
20 Valek stated that, if they were not manufacturing at this time,the smell would be ten
21 times worse than it was right now.
22
23 Doug Tanner stated that he was uncomfortable that no one appears to be following-up
24 with Essenco to ensure that they have ceased operation.
25
26 Solie came forward stating that he was unable to find where in the minutes it was stated
27 that there would be absolutely no odor omitted. Chair Melsha and the Commission sited
28 a few areas in the minutes that stated that it had been stated that no odor would be
29 emitted.
30
31 Travis Shaddrick, 2510 37`'Avenue Northeast, indicated that one of the metal doors was
32 open halfway recently,referring to Solie's statement earlier this evening that the building
33 was supposed to be sealed. Shaddrick also asked why they were dishonest about
34 operating, are why the blinds were closed.
35 .
36 Levitus stated that the blinds are closed for security reasons, and to keep the heat from
37 the southern sun out.
38
39 Chair Melsha closed the public hearing at 8:11 p.m.
40
41 Commissioner Thomas stated that whenever they get down to zoning issues, it usually
42 comes down to money. He added that they needed to determine if the operation was
43 truly going to be a detriment to the homeowners located near the building. He suggested
44 that they have a six-month trial period based on the satisfaction of the residents in the
45 area,using the current ventilation system. He added that the charcoal filters and hoods
46 over the actual candle-making units would be the next step that they would take in order
47 to improve the odor issue.
48
Planning Commission Meeting Minutes
December 18, 2001
Page 7
1 Chair Melsha responded that, if they did the trial, it would need to be the most objective
2 criteria as possible to determine whether the conditions of the trial are being met. Chair
3 Melsha suggested that they add the charcoal filters now.
4
5 Vice Chair Stille asked what the criteria was in order for the Commission to deny.a
6 conditional use permit. Chris Smith, City Attorney, stated that, in order to deny a
7 conditional use permit, it would depend upon the standards that they were to establish.
8
9 Chair Melsha stated that he understood that there was a fairly high standard regarding
10 health and safety. Smith stated that it was hard to quantify smell, and that perhaps the
11 Commission should require filters at this time.
12
13 Chair Melsha asked if a threat to personal welfare was grounds for denial of a conditional
14 use permit. Smith stated that it was.
15
16 Commissioner Thomas asked about the impact on property values. Smith stated that it
17 was difficult to quantify because of the injury that was being proposed. He stated that the
18 Commission and City Council could make a finding, based on the evidence that was
19 before them, that it would be detrimental to the property values. He added that if they
20 had evidence, such as personal testimonies of residents who live in the area and find the
21 odors offensive, then the finding would be upheld
22
23 Chair Melsha expressed his concern of taking a leap of faith. He added that he was
24 uncertain that a trial period would be a good option.
25
26 Vice Chair Stille stated that putting a time frame on a permit would find them at the same
27 place, at a later date. He added that he had a larger problem with the buildings that were
28 to be built across the railroad tracks.
29
30 Commissioner Hanson stated that he was uncomfortable with the fact that they illegally
31 began operations., In his mind, he believes that they have already proven that the
32 charcoal filters are necessary immediately.
33
34 Commissioner Steeves stated that they still had decisions to make regarding evaluation
35 _ regardless of how soon. He added that having a panel of independent citizens who have
36 no vested interest in the outcome was the only way that they could come to any fair
37 conclusion.
38
39 Commissioner Thomas stated that there are people who do work on odors at the
40 University of Minnesota.
41
42 Chair Melsha asked for Smith's opinion on what they are discussing.
43
44 Smith stated that, if they were to come up with an objective panel, it would be the best
45 way to protect the City from a lawsuit. He added that they might not want to limit the
46 condition to say no order, but perhaps no odor beyond a certain point.
47
Planning Commission Meeting Minutes
December 18, 2001
Page 8
1 Chair Melsha stated that they could adopt conditions to provide for the upgrade of the
2 filters. He added that he was a little uncomfortable with having a panel.
3
4 Chair Melsha asked Smith his opinion on re-visiting a condition in ninety days. Smith
5 stated that there still needed.to be some sort of basis for which to apply conditions.
6
7 Vice Chair Stille stated that everything needed to be taken within context.
8
9 Commissioner Hanson suggested that they force Essenco to put the new filters in place,
10 and re-visit the issue in ninety days.
11
12 The Commission talked over a few options for measuring odor: professionals, consulting
13 firms, and panels.
14
15 Vice Chair Stille suggested that no unreasonable odors omitted from the building could
16 be found to impact surrounding residential properties as a condition. He added that
17 would also protect them down the road with the Northwest Quadrant project.
18
19 Solie suggested that they have St. Croix Sensory come back to a City Council meeting to
20 recommend some sort of plan that they could agree upon.
21
22 Vice Chair Stille stated that they should make the installation of the upgraded filters an
23 immediate condition. He added that having Essenco add the charcoal filters and then
24 pulling the permit after a trial period would be somewhat unfair and very costly to
25 Essenco.
26
27 Commissioner Thomas stated that they were assured by Solie on several occasions that
28 the carbon filters would solve the problem. Solie stated that he would rather have the
29 expert come in and assess what needed to be done before installing new filters.
30
31 Shinlof stated that there was not a specific system for this circumstance and that it would
32 need to be designed,thus, the process would take a bit of time. He added that it would
33 take between thirty to forty-five days in order to complete the installation.
34
35 Levitus stated that when he spoke to St. Croix Sensory,.they stated that there are options
36 in addition to the charcoal filters. He added that the price of alternative options was
37 comparable to the charcoal filters.
38
39 Chair Melsha suggested tabling making a decision on a conditional use permit. He asked
40 when the clock would start ticking for Essenco if they were to do that.
41
42 Commissioner Steeves stated that the clock does not start ticking on the sixtieth day, if
43 the application was found incomplete.
44
45 Commissioner Hanson stated that they could extend the application another sixty days at
46 next months Planning Commission meeting.
47
Planning Commission Meeting Minutes
December 18, 2001
Page 9
1 Chair Melsha stated that he did not like to table-things,but feels that, under the
2 circumstances, it would be beneficial to table the issue at this time.
3
4 Vice Chair Stille indicated that he wanted to work with Essenco, as well as the
5 community. He stated that shutting down the operation would be hard on their business.
6
7 Commissioner Hanson noted that it would be necessary to have the operation running in
8 order for the experts to accurately assess the odor.
9
10 Commissioner Steeves agreed that it would be difficult for Essenco to remain in limbo.
11
12 Solie suggested a period of time for the company to operate and determine if there was a
13 problem, and then go in and solve the problem.
14
15 Doug Tanner stated that Essenco made a mistake, and should not be able to operate at
16 this point. He added that perhaps the Commission could make a decision that would
17 allow the operation to continue, and that smell was the only issue for him.
18
19 Levitus stated that Tanner made a good point that all that the residents do not want is the
20 smell. He added that there needed to be an index from which to determine the smell,
21 which St. Croix Sensory could provide.
22
23 Carol Patrick, 3633 Edward Street, stated that her concern was that an independent
24 contractor would make the decision for the community.
25
26 Chair Melsha suggested that they have a 120-day period for which to operate along with
27 attached conditions:
28 • Consultant approved by the City.
29 • Applicants take whatever necessary measures to diminish the smell.
30 • After 120 days hold a public hearing to determine if the use is injurious to health
31 and property values, if not, whether any additional conditions should be set at that
32 time.
33
34 Commissioner Steeves suggested that they have received nothing but confidence that
35 Solie and Levitus would take an y necessary measure to solve the problem at their own
36 expense. He suggested that they grant the conditional use permit, find that the odor is
37 injurious to property owners, and state that the conditional use permit would always be
38 up for review, and a 120-day hearing upon every two residential complaints.
39
40 Chair Melsha clarified that the standard is that the Planning Commission make a
41 judgement based on a public hearing. Commissioner Steeves added that the standard is
42 that it is found tonight that the odor is injurious to residential property owners.
43
44 Vice Chair Stille asked for Smith's opinion. Smith stated that there might be some
45 difficulty in assessing if there is evidence at this time to support the conclusion that odor
46 is injurious to residential properties.
47
Planning Commission Meeting Minutes
December 18, 2001
Page 10
1 Commissioner Thomas handed a copy of a nuisance form from California to Smith to
2 examine. He felt that the standard of the nuisance form still was subjective.
3
4 Vice Chair Stille suggested that they contemplate Commissioner Steeves' suggestion,
5 and go with Chair Melsha's suggestion at this time.
6
7 Smith indicated that Chair Melsha's suggestion was reasonable.
8
9 Motion by Chair Melsha, second by Commissioner Steeves, to recommend granting the
10 conditional use permit for Village North, LLP, 2801 37`,Avenue Northeast with the
11 following conditions:
12 • Candle manufacturing can only occur between the hours of 6:00 a.m. through
13 4:00 p.m., Monday through Saturday.
14 • The operation can operate as is for 120 days after which the Planning
15 Commission would hold a public hearing to determine whether, or not there exist
16 problems associated with the smell.
17 • Conditional use permit may be revoked if findings at the end of the 120-day
18 period indicate that the odor is injurious to the public health, welfare including
19 property values of the surrounding neighbors.
20 • At the end of the 120-day period, the City reserved the right to place any
21 additional, reasonable conditions on the use.
22
23 Motion carried unanimously.
24
25 Chair Melsha clarified that nothing was approved this evening, and stated that the
26 conditional use permit request would go before the City Council on January 8, 2002.
27
28 8.2 City of St. Anthony: Require business license for therapeutic massage parlors and amend
29 Zoning Ordinance Section 3.635.02.
30 Henry stated that, a couple of months ago, arrests were made at one massage operation
31 for prostitution. She added that, under the present City Ordinance,therapeutic massage
32 is not a defined term and the City does not require a license,making it very difficult to
33 stop the operation of a massage operation where prostitution may be occurring.
34
35 Henry stated that by requiring massage operations to obtain a business license and
36 providing certain clearly delineated standards for operation,the City may more
37 effectively regulate these activities and ensure that only massage parlors are located in
38 the City.
39
40 Henry stated that the ordinance provides.for a detailed application to be filed for the
41 license by the applicant, an investigation of the applicant by the Police Department, and
42 the standards for the manager to deny the issuance of a license. Henry added that, in
43 addition, the ordinance speaks to investigation and approval/denial of application,
44 including the suspension or revocation of the license and specifically provides that any
45 conviction for prostitution or any other crime or violation involving moral turpitude
46 results in a revocation of the license.
47
Planning Commission Meeting.Minutes
December 18, 2001
Page 11
1 Henry continued that, once the City Council adopts the ordinance, it goes into effect
2 immediately and existing businesses will have 120 days to comply with the new
3 ordinance. She stated that the license fee was $250, while the investigation fee deposit
4 was$500. Henry also stated that the number of licenses allowed for this type of business
5 was five, under this ordinance.
6
7 Smith added that the reason this was before the Planning Commission as a public hearing
8 tonight was because of the zoning change.
9
10 Chair Melsha asked how the fee would be determined for existing businesses. Smith
11 stated that the amount could certainly be changed.
12
13 Resident Mary Luger-Sarter, 3807 Stinson Boulevard, stated that she was a massage
14 therapist at a couple of different places in the City of St. Anthony and found it very
15 offensive when they referred to her type of business as a"massage parlor". She stated
16 that she found the fee was astronomical for the City of St. Anthony, especially when
17 someone was starting a new business.
18
19 Smith indicated that the essence of the ordinance is from Edina, but the numbers in the
20 ordinance are not based on the Edina ordinance.
21
22 Resident Barry Tedlund, owner of Fitness Crossroads, stated that he was questioning
23 what licensing was going to do for the community, not having any type of review process
24 that it had to go through. He was uncertain that licensing was the answer, and if it was
25 able to provide the means to stop what has happened.
26
27 Chair Melsha asked if Tedlund's business would fall under the guidelines of the massage
28 therapy ordinance. It was determined that his business would not be subject to the
29 discussed requirements.
30
31 Commissioner Thomas asked if he was seeing a growing demand. Tedlund stated that
32 was true, and that he was encouraging massage therapy.
33
34 Arlene Fernandez, owner and manager at The Center for Stress Reduction in St.
35 Anthony. She indicated that she has been in massage therapy for thirteen years. She
36 stated that the mission for her was to provide her clients with a relaxing therapeutic
37 massage at an affordable rate, as well as guidance and a supportive environment for
38 practitioners who are entering the field.
39
40 Fernandez agreed with Tedlund that requiring licensing would not necessarily eliminate
41 prostitution.
42
43 Fernandez listed many of the beneficial effects of therapeutic massage: improved
44 circulation, eliminating toxic debris from the body, relaxes muscle spasms, improved
45 muscle tone, reduced strain from the heart, etc.
46
Planning Commission Meeting Minutes
December 18, 2001
Page 12
1 Fernandez stated that she feels that the $500 would be difficult for those businesses to
2 come up with. She added that she would happily volunteer her time to help the Planning
3 Commission with this issue.
4
5 Ralph Canton came forward and stated that he has been a massage therapist for seventeen
6 years. He stated that the origin of a license is based on the degree of harm that one can
7 do, and referred to medical doctors. He added that massage therapy really has the
8 potential to inflict very little harm on patients.
9
10 Canton concluded that there was very little benefit to licensing massage therapists.
11 Canton also referred to historical roots of therapeutic massage.
12
13 Commissioner Thomas asked what the typical investment would be for a student to start
14 up there own business. Canton stated that he could not give a figure, as he suggests to his
15 students that they operate out of their own homes to eliminate any overhead.
16
17 Commissioner Hanson asked what was recommended from the Police Department.
18 Henry stated that the Police Department and the City Attorney both recommended the
19 ordinance, as it gives them teeth in order to shut down legitimate therapeutic massage
20 businesses.
21
22 Chair Melsha closed the public hearing at,9:52 p.m.
23
24 Commissioner Thomas stated that his initial reaction was that they are trying to deal with
25 a police issue through zoning. Henry stated that if they are a legitimate business,they
26 should not have trouble complying.
27
28 Chair Melsha indicated that he did not see the $5,000 investment as being too significant
29 in terms of a capital investment.
30
31 Smith sited a part of the ordinance that would not restrict a person to go to someone's
32 home for a massage. He also noted that the fees were for a business, not the individuals
33 that comprise an entire business.
34
35 Chair Melsha stated that the focus of the Commission should be on how a property is
36 used.
37
38 The Planning Commission discussed the possibility of changing the number of licenses
39 allowed for this type of business to more than five. They also discussed changing the
40 licensing fees.
41
42 Smith recommended that they put a specific number in the ordinance for cost of license.
43
44 Motion by Vice Chair Stille, second by Commissioner Steeves, to approve the City of St.
45 Anthony: Require business license for therapeutic massage parlors and amend Zoning
46 Ordinance Section 3.1635.02.
47
48 Motion carried unanimously.
Planning Commission Meeting Minutes
December 18, 2001
Page 13
1 V. INFORMATION AND DISCUSSION.
2 8.1 Review Budget Amendment for Tax Increment Financing(TIF) District.
3 Henry stated this review was merely for the information of the Planning Commission.
4. She clarified that they wanted to bring it before them because they are involved in the
5 plans.
6
7 Henry continued that the purpose was to add to the TIF plan: removal and purchase of the
8 Hardee's property on Silver Lake Road, Exhaust Pro's property on Silver Lake Road,and
9 removal of the Phillip's 66 gas station on the southern end of the city.
10
11 Henry continued that the revenue to pay for the redevelopment would come from the
12 Chandler Fund of approximately$1.7 million.
13
14 8.2 Point of Sale Housing Code Update.
15 Henry indicated that the subcommittee met recently to discuss the point of sale housing
16 evaluation code. She stated that they are back to working with the code that was brought
17 forward in 1998; however,they would like to see more detail added in under some of the
18 specific evaluation areas (plumbing, structural, and aesthetics).
19
20 Commissioner Thomas stated that the subcommittee was essentially going line-by-line
21 through the New Hope ordinance and determining what could be added into the St.
22 Anthony housing code.
23
24 Commissioner Hanson stated that the reason for examining the housing code was for the
25 purpose of improving the housing stock in the City of St. Anthony.
26
27 The sub-committee asked the Commission for their input on the aesthetics portion of the
28 housing code.
29
30 Chair Melsha indicated that he had a problem with landscaping and meeting minimum lot
31 coverage requirements that are found in Subd. 6.
32
33 It was decided that the Commission strike the third and fourth items from Subd. 6. It was
34 also determined that Subd. 6, letter(d) could be moved to another section, but kept in the
35 ordinance.
36
37 Vice Chair Stille mentioned the-issue of drainage, and,asked if they should add that to
38 Subd. 5.
39
40 Commissioner Thomas asked for feedback on door-locks and security.
41
42 Commissioner Hanson mentioned home-based businesses and questioned if there should
43 be an ordinance for a home-based businesses.
44
45 Chair Melsha asked what the next step was for the Commission regarding the housing
46 code. Commissioner Steeves stated he was willing to be a member of the housing code
47 sub-committee. .
48
Planning Commission Meeting Minutes
December 18, 2001
Page 14
1 It was determined that the next update on the Housing Code would be at the February
2 Planning Commission meeting.
3
4 8.3 .Northwest Ouadrant Redevelopment Update.
.5 Henry referred to the letter from Mayor Hodson regarding the schedule for the Northwest
6 Quadrant.
7
8 Henry indicated that there would be a developer Open House for the Northwest Quadrant
9 on January 24, 2002, from 4:00 p.m. to 8:00 p.m., at St. Anthony City Hall and
10' Community Center. The potential developers are: Centex, Opus Corporation, Pratt-
11 Ordway, and Sherman and Associates.
12
13 Henry stated that on February 5,2002, the City Council will interview the four
14 developers during a Work Session 6:00 p.m.to 10:00 p.m.
15
16 X. ANNOUNCEMENTS.
17 Chair Melsha commended the Commission on their work this evening regarding the request by
18 Essenco for a conditional use permit.
19
20 Commissioner Steeves stated he was very pleased that they had four potential developers for the
21 Northwest Quadrant.
22
23 Commissioner Thomas commended Chair Melsha on his leadership this evening.
24
25 XI. ADJOURNMENT.
26 Motion by Chair Melsha, second by Commissioner Hanson, to adjourn the meeting at 10:35 p.m.
27
28 Motion carried unanimously.
29
30
31
32 Respectfully submitted,
33
34
35 Courtney Seesz
36 Timesaver Off Site Secretarial, Inc.
37
MEMORANDUM
DATE: 02/12/02 MEETING DATE: 02/19102
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager
SUBJECT: Side Yard Variance Request— Ray Whitehall; 3601 Roosevelt St
Requested Action:
The applicant, Ray Whitehall, 3601 Roosevelt Street, is requesting a side yard variance
for construction of a new single family home. Mr. Whitehall is working with Michael
O'Connell of Timbercraft Homes on the construction.
Background:
Mr. Whitehall is asking for an 18' side yard variance to construct a new single-family
home on his property located at 36th and Roosevelt. The proposed home measures
1257 square feet and has a 28' pad in width. To meet the side yard setback established
by city ordinance, the proposed home would need to be a 20' pad in width. According to
the city ordinance, the side yard setback is 30' from the property line. The proposed
home would extend into the setback area by 18'.
As a note, the existing home on the property encroaches into the side yard setback by
11'. The applicant says it is not economically feasible to remodel the existing structure;
in addition, the existing home has been deemed substandard. Any improvements to the
existing home would require a similar variance.
For hardship, the applicant states the property cannot not be put to reasonable use
under the city ordinance because the new building area would need to be 15' in width.
Also, the applicant says because the lot size is 45' in width and a corner lot, a
diminished building pad is created by the ordinance. A diminished building pad of 20'
does not make a feasible and reasonable project. Furthermore, the applicant states the
subject property was a lot of record prior to adoption of the city ordinance and it is now
considered substandard.
Staff Recommendation:
Staff is recommending approval, given the unique facts and restrictions of the subject
property. Also, this project would provide a redeveloped lot with private investment.
Attachment:
• Petition for Variance
• Survey
• Proposed Plans/Foot Print on Lot
01/03/2002 11:59 FAX 612 781 9323 CITY OF ST ANTHONY 11002
i
' Date:
Fee: D
R-1 . . . . . . $ 60.00
Other.. . . . $100.00
CITY OF ST. ANTHONY VILLAGE
Petition for Variance
Applicant: tf A� r 4-6EXLCc%FT Phone:
Address: .� �/ oID uP- Sr � T. A 'VTN9ry 0 ��L��
Status of Applicant(Owner, Buyer, Lessee, etc.): t;,n r J Cc.4 Ce N l?.'tee—T-0
Legal Description of property proposed for variance: 'c'" 7 �'-'"-i� ' Se `` ✓l ° P.
Street Address: 31,o f o o 5e- n (-t
Presently Zoned:
Minnesota Statutes and City Ordinances require that the following conditions must be satisfied
for approval of this request. Please respond to these conditions using additional sheets if
t necessary.
1. Because of the particular physical surroundings, shape, or topographical conditions of
Ethe parcel or lot, the.proposed variance would relieve an undue hardship..as
t distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced. '���,.PE'et:.'l Ce K D nl:1 13C PI.,
2. The purpose of the proposed variance is not based exclusively upon a desire to increase
the value or income potential of the parcel of land, but would correct extraordinary
circumstances applicable to this property but not applicable to other property in the
vicinity or zoning district.
i
�CL!}•KJG �,L C1.T s , z= (�S r'✓ ��ic��� O C.e.4ti';;e. CcT 0E'Ey(ur'�! C—
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1
3. The alleged difficulty or hardship is caused b the City Ordinance and has not been
Icreated by any persons presently having an interest in the parcel of land.
S tbJ t G:T• M-0-0 4pEo2 T'( of A
.
. S1glature of Applicant
0.1g16r02A * 60 . 0ON.
. . . . . . . . .. ..
MEMORANDUM
To: City of Saint Anthony Village
From: Ray Whitehall(homeowner)and N ichael O'Connell(TimberCraft Homes)
Re: 3601 Roosevelt Street Variance Request.
An Application for Variance is being made to permit construction of a one story single family residence
upon the subject lot.The lot became a substandard lot within Saint Anthony Village upon the adoption by
the City of Ordinance 1615.05.
The area and width of the subject property falls below the minimum standards as established by this
ordinance. In addition, construction of the proposed residence would extend into the required 30-foot
sideyard setback established by this Ordinance by 18 feet. An existing frame single family residence is
currently located on the property.This residence currently extends into a required sideyard setback by 11
feet.The City of Saint Anthony has identified the existing frame structure as substandard. It is not
economically feasible to remodel the existing structure. In addition a similar variance would be required for
improvements to the existing structure if it were at all feasible to remodel it.
The applicants respectfully request that a variance to the City Zoning Ordinance be granted because of the
unique hardship the code creates.
City of Saint Anthony
Variance request
3601 Roosevelt St.
Lot 17 Block 1 Soo Line Addition
Evidence.
(a) The subject matter of the application is within the scope of the Zoning Ordinance subsection
regarding variances.
This request addresses the side yard setback requirements as identified by the current ordinance
that prohibits building construction in the required 30' sideyard setback for comer lots.
(b) Strict enforcement of the ordinance would cause undue hardship because:
1. The property cannot be put to reasonable use without a variance. The ordinance creates a
permitted building area of only 15 feet wide thus creating a structure that would be
functionally obsolete upon completion of construction.
2. The subject property is a lot of record and was plotted prior to the establishment of the
ordinance.Upon adoption of the ordinance the subject lot became substandard.
3. The variance if granted,would not alter the essential character of the neighborhod.The
variance would provide the homeowner to construct a one-story frame single family
residence,which is a predominant building style throughout the locality.
4. Economic considerations are not the basis of the hardship but rather the strict
enforcement of the ordinance would not allow the homeowner reasonable use of the
property.
(c) The circumstances causing the hardship are unique to this individual property.
1. Few properties have been identified that are similar to this property specifically a
substandard lot size and width and also a comer lot that fronts on two city streets.
(d) The granting of this variance is in keeping with the spirit and intent of the Zoning Code by
providing the homeowner an opportunity to make improvements to the subject property.
N.
�V v�: �1• '� ^y�y.�'4,,(�;�� ps1 'ti �' $ Cllr., }) �'�ii e:.,s;J•1`,
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riel hborhoods.:
�ANT +� TFie:task force�was!initiated last fall in response to g
”i:OfiCerl]S b I the+city f council that property values{; 'P 9y;3601,3624 and 3637 Roosi f;
r s,: wili;contfnuie to decline ix'riless fh`.e cominunity ,'Si single-famuy`residenlial. `�'}
by Laurel Rudd I„ ! , r ti
i� r - 1,,.;.xf :.,..•. i - ., 1'..a,.e...,i$.
Apache Plaza,.and the Lowry becomes4.t'tzctively ;+in olued .,yin;, t rorrtottn , 10.:3012-3020`Sllver Lake is�ad
Grove Mobile Home Park are the top redevelopment"bf.underl utiltZed:property'..within '"'(vacant lots behind homes): holding
priorities for rgdevelopment;for.the, v >•': ond;,or,siti Ie=famil residential;.
'Elie ci .,Pro a values determine'property'taxes. ,.,.p g, y
St. Anthony Economic Development/ P Existing city,ordinances may prevent
Redevelopment Task Force, which <AS'non-residential property'UQlueS3fall, residential .'residential;use: of this property
presented its final report to the city property rriu 't' ilck+up^dn.increasing share of city, ;.because of a'lack of street frontage;
council July 26. �'` The task.force suggested that the-city
The task force was initiated last CO unty alldi"'64 ibl'distriCtfundtng 't ;,;{ studyl,the desirability of allowing
fall in response to concerns by"the �,' ; ? 'a�F1q , � ;i lrrlNd ;�;;'��;i, '
" t driveway access lots.'y
city council that-property values"will; '' { } tit•:-
5 Rk .,
continue to decline unless ,the �mpor important de ehip o'redevelop,i,. t'3.
'Vacant:lots on §IlverLake,` ` Although ;,the�;';St. Anthony
community .becomes .actively; according!o task:force`iepresentative, 'Road;south of ffice'buildingj','I,Economic `,�,%-s;:.`'`Developmentl.; ,
involved in promoting redevelopment ' � Redevelopment2_Task .Force..,has
of;under-utilized property within the..;Brad'Bjorklund:'The'following are•,''prto see i medical or dental; or ce':
city. Property values determine',;'the 10 properties in order of priority'•auto service facility:'The task force completed Its task, it will remain
property taxes. va non-residential ;:and'pMential uses foi:each, in no recommended that the city assist in.-,,,.Intact ,indefiiiilely,,!:to perfornia
articular order. ; providing access to this property.from ;'additional studies on potential uses of
property values fall, residential P :' " ''' 39th Avenue. property at the:request of the city'.
property must pick up an increasing ''` "' `t council or planning commission, and .
share of city, county and school 1• APache Plaza: shopping center P g
district funding. with Cub Foods anchor or equivalent;,: 4. Bowling alley (closed fora to defend its recommendations and,:
The 15 mcmbers�of the task force residential development,;,, of, year),.,,•.2654 Kenzie Terrace:, suggeslions.as needed. According to
were chosen from various areas.of the !.approximately 112 upper-bracket.lots�,office/retail. p:�;City,Manager,Michael Morrison, the "
on the 56-acre tract;mixed residential!t* ::1 4 report,w►II be used mainly as a guide
community with representatives from n.
government, religion, schools and Ancludittg,single-family.homes or- . S.;Claek station,(closed for some forff future?;}development and
business, ;townhomes;.. senlor.: citizens time),'i3301 Stinson'Boulevard:' redevelopment:: ,
residential,community!(task.force;; residenttal;i of a,►hree or four-unit
While recognizing that .St. 'members'noted that this is,ni..the :residential building Tn response to i+t�F.�iIN OTHER BUSINESS, the city
Anthony Is nearly.fully developed
and subject i i deterioration as a result best•bse because thi''market v'alue^• t his.issue,+lheitask force'suggestedr council:'i
would not be hi h enou' h and there i'I'that.the°'cityjadopt:'an.ordinanceµ;.:r Approved a,conditional,u ;•
of failure to maintain . older '.no benefirio the'school.district);'�;yequiringsboarded buildings to be?:'•..pe mit for•;a proposed.Exhaust Pto' .K
properties, the task force limited.its'... ,, f. .`.. ' p ,`;(vehicle„m uffler,�installation eii l+ v
scope to identifying properties'f or, 4, P8 store�relatl�developpment,4such,' demolished after a criodo time. t
ias W4I-Marhl,or a•high technology, 7, 1'i;,3,
r' b're air) and Fast Glass (installation:
arcas_.that could benefit fromy + f u ft ine'” s}'h, P
trn mdd trial ar : Il?,t �r. 4 .a 6LAmertcan Monarch 2801 37th;hand repair,ofyyehicle glass) at 4000 i
development and..recommending!� t ,P �r" *"'"'Ave N.E:: townhomes,opt^standard `Silver Lake Road formerly th'e,site cif
options for improving those areas:,In iii " `lr` t�7�yi ,, g .;: y , . r., i 4+;. ^,,..,
;, v 2:�Lowr Grove:;sin le-famil indusUtal.: M e "�+ a gas staliot�;•;; r y � fy,
making recommendations, the task %residential;q' mixed,; residential 't';r 1�it�Et1, �a',1'�r�i ... ,8'':-,;i '�` :fi1¢•, APProved�(as,t�►e;St:.Atithony j
force considered whether the use :includirig:single-family homes and 7;p3203-3213 Stinson Boulevard:,• Housing;kf'and ialted;eydltipinent
would: promote: • well-kept townhomes ; with-a,.!possible ►hred�sIngle unlls or two double' •`Authority)the sale of.on&16t;
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INCORPORATED
Memo
To: Mayor Hodson, City Council Members Date: February 2, 2002
Transmittal of Document Summarizing the Public Comments,Received at the
Re: Open House
To assist you in your process of evaluating the prospective developers for the
Northwest Quadrant redevelopment project, we have prepared a document that
summarizes the comments received at the open house. It is important for you to know
that we are very hesitant to edit any of the comments that we record. In some instances
when we see comments that are virtually identical, we will group them together. If they
are at all different, we record them separately.
Essentially what this document does is sort the comments into some logical categories.
We also tend to list the comments with positive comments first and then negative
comments. We also sent this summary document to all of the developers as soon as it
was available, to assist them in preparing their presentations.
From the Desk of....
John W. Shardlow • President • 300 1"Ave.N. • Suite 210 • Minneapolis., MN 55401
612-339-3300 • fax-612-337-5601
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
Development Characteristics
Development Features
- Like the walkable spaces with easy access to retail and basic services (4)
- Like the idea of a downtown (like 501h and France)
- Like the small village atmosphere (2)
- Sidewalks and street lighting are a must
- Opus boulevard create needed downtown
- Want activity outside my door(if I lived in the development)
- Good ingress/egress on plans
- Tie into surrounding area (like Opus did)
- Liked Pratt's central court yard
- Some housing is too close to the rail lines. (3)
- Commercial might be better next to the rail lines than residential.
- Incorporate more residential on Silver Lake Rd
- Did not like the skyway feature in Centex's concept
- Be mindful of impacts on Stinson Avenue side-the senior high-rise and other
apartments depend on convenience of businesses nearby
- Don't make it an"ostentatious looking development"
Use architectural styles that provide a sense of coherence.
- None of the proposals distinguished themselves with anything innovative
St. Anthony needs a center, it's too chopped up.
Add a theater
- Add a cultural center
Move the City Hall to the NW Quadrant site. Move the Fire Department and
Police Department together on current City Hall site.
Community center
- Liked the Community center/Civic center concept (11)
- A youth center would be a good addition(3)
- Would help provide steady flow of-customers for retail services
- Tie the Community center closer to the regional park and Salvation Army
Camp site
Open space amenities
- Like the concept of holding ponds and other environmental safe guards. (12)
- Park areas are needed (5)
- Like green spaces with path or sidewalk (24)
- Like the green space connecting to Hennepin Parks
- Add a clear connection to the lake
- Add a community pool (3)
1
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
Add a soccer field (2)
Like the promise of 50% green space
Replace long stretches of concrete with,trees
There is no need for a park because of the Salvation Army site
Mixed use
- Main Street concept in each design is very important element to carry through
to future designs. (2)
- Need diversity with a mix of business/housing/restaurants/parks (5)
- Like the flexibility in design
- Like the idea of light commercial use
- Like the idea of dining facilities
Density
- Density is fine
- High density, but with minimal apartments
- Reduce overall density (8)
Building height
- Like the tall building in Opus's concept
- Include more high-rise buildings rather than all 2 story housing
- Would prefer to not have any buildings higher than three stories.
- Mid-rise preferred over high-rise (2)
Building materials/style
- Like the inclusion of a mix of housing styles and types (15)
- Liked brick exterior on buildings (2)
- Will wood frame buildings be durable long-term? (2)
- Use low-maintenance exterior materials
- Concerned about cheap construction only to make the property viable for the
developer.
- Use local contractors and create local labor jobs
2
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
Housing
-Senior Housing
- Appreciate the inclusion of a Senior Coop or condos(12)
- Appreciate the inclusion of Senior apartments
- Too many senior apartments (4)
Housing Design Features
- The housing should be attractive
- Include single level housing(2)
- First floor bedrooms as an option
- Include basements (3)
- Include patios or decks (2)
- Variable floorplans/amenities allowed
- Windows!
- More opportunities to let sunlight in to housing, especially upper floors (2)
- Include high tech wiring for computers, digital TV, etc.
- Add elevators to 2 story townhomes
- Include restaurant in housing complexes
- Like the main street concept of retail on 1st floor, housing on the second floor
Affordability
Make it affordable (13)
- Would love to live here if it's affordable
Add more entry-level housing
Like that higher end housing is included in the mix. (5)
Many home/condo designs were too affordable (should be $300k instead of
$140k)
Minimize'low-income housing (4)
o Concerned about security issues
No low-income or Section 8 housing
Mix
- Like the amount of housing and the opportunity for turnover of the current
housing in the area. (2)
- Like the inclusion of a mix of housing styles and types, not just single family
detached (15)
- Like the retention of the upscale environment of St. Anthony
- Like the multi-purpose housing (2)
- More focus on townhome complexes (3)
3
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
- More owner occupied units (3)
- .Less multi-family housing
- Include fewer apartments (rentals) (17)
Provide owner occupied only(5)
- Not enough nice upscale townhomes (2)
- Concerned by the focus on high-end housing in a recession
- Include single family homes (5)
o Create more diversity, more young families (2)
o $300,000 to 400,000 price range (2)
o single family villas with walkout basements
- What assumptions have been made regarding the need for senior housing vs.
apartments vs. townhomes? What do we need to ensure a vital community in
10-20 years?
Miscellaneous
- St. Anthony Commons has a wonderful diverse plan starting at an affordable
price.
- Like the concept of"community" (2)
4
i
i
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
Retail/Commercial
Existing retail
- Like that designs allow some existing businesses to stay. (7)
- Keeping Herberger's and allowing it to relocate within the site is a good idea.
(7)
- Get rid of Herberger's
- Keep Walgreen's
- Keep Cub (2)
- Good mix of businesses currently exists
- Allow existing businesses the opportunity to choose to stay in the city
- Keep existing businesses in the same locations
- Like the small amount of retail on plans
- Do not like the inclusion of existing retail (4)
Retail mix (new businesses)
- Retail is good to have in plans (2)
- Need more interesting retail/more retail in general (4)
- Add more small shops rather than franchises (3) -
- Add restaurants and cafes around retail (not fast food) (4)
- Include restaurant in housing complexes
- Add more office space (2)
- Add more commercial
- Incorporate light industrial
- A civic center would help provide steady flow of customers for retail services
- Consider adding a group health care provider to the mix
- Consolidate new and existing retail '
- Add a plot for a church to relocate to the site.
- Include a fitness center/health club
- Too much retail planned for Silver Lake Rd.
Do not add any retail (4)
- Include less commercial space_
5
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
Street Design/Transit
Road network
- Liked the curving streets with green space
- Liked the proposed 39h Avenue thoroughfare between Silver Lake Rd and
Stinson (2)
- Incorporate the two thru streets no matter who is the developer
- Good ingress/egress on plans (2)
- Use a grid street layout
- Concerned that extra traffic on Silver Lake Road will be funneling into
neighborhood streets if the road is widened.
- Concerned about impact on traffic (6)
- Add more stop lights
Transit
- Forward thinking about rail transit issue
- Like the park and ride transit point (2)
- Good transit opportunities
Parking
It was not clear in the design concepts where the retail parking would be
located. (2)
6
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
Community Impacts
Impacts on City services
- With increased services offered, public buildings can be built
- Too many children for schools to accommodate (3)
- Need open dialogue with citizens regarding impact on school system with
information available prior to a final decision about the project (3)
- Only one grocery store close by to support all these additional residents
- What will be the resulting cost increase for Police, Fire, Schools and
Maintenance? (5)
- Concerned about impact on sanitary sewer capacity, which is already too
small (2)
- Concerned about water storage
- Concerned about water quality
- Concerned about storm water runoff into Columbia Heights
- Concerned that Developers assumed the city had (or would) be responsible for
contacting affected businesses, as well as the plans that minimize retail space
for existing businesses. Allow these businesses the opportunity to choose to
stay in the city.
- Concerned that the city can't absorb as many people as the plans propose with
existing infrastructure (2)
- Neighboring cities should be allowed the opportunity to comment on design
plans
- Who will maintain streets and utilities?
- Who will maintain the green spaces?
Impact on tax base and property taxes
- Change and add larger property values to the area
- More retail to add tax dollars to retain existing citizens
- Inform citizens regarding tax increase to support the project (3)
- What grants can be obtained to pay for'this?
- Keep city costs low(burden on existing residents)
7
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
Centex
- Has the character we need.
- Best concept, but'a little too dense.
- Liked that they included more single family housing.
- Best use of whole area
- Best use of a variety of building materials
- Like the Community Center/Civic Center (5)
- Like the green space conriecting to Hennepin Parks
- Glad Herberger's is incorporated into the plan (3)
- Like the round addition to the traffic grid
- Like the community retail feel
- Like the promise of 50% green space
- Seemed most logical and appealing to me.
- Excellent presentation. Liked the architecture concepts and their strong
emphasis on a partnership with the community.
- Looks like they have done it before many times. Centex and Sherman are top
teams.
- Like it best(4)
- . Too oriented on homes only.
- Don't like senior buildings, too many apartments.
Don't like the skyway.
- Not enough green space
- Worst concept
- Interior streets will "starve to death just like Apache Plaza"
s
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
Pratt/Dominium (BKV)
- . Like the BKV concept best (6)
- Like them with some changes needed
Like the small park with a water feature (3)
- Liked the central court yard
- Like the additional retail space (2)
The overall structure of the plan is great (2)
- Plan has a good variety of uses and is open
Look of commercial buildings is good
Liked that they included more single family housing and the senior housing.
Liked that it did not have as many apartment complexes.
- Nice, low-density design
- Too sterile- photos from past work does not have enough character for an old
village.
- Do not like the inclusion of existing retail.
- Like the inclusion of existing retail
- To create a new downtown don't include existing elements
- Seemed most logical and appealing to me.
- . Nothing jumped out at'me from an architectural standpoint. Just more of the
same old stuff that I believe we want to stay away from.
Ugly buildings
Concept was heavy on commercial and retail. (2)
Way too much parking
Way too dense. Too many apartment and senior apartment buildings. (2)
Not enough upscale townhomes like their other projects.
9
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
Sherman and Associates
Like that it has more green space/less cluttered.
Liked the green space (3)
Liked the water walkway that incorporates all of the existing holding ponds by
Cub Foods (2)
Management onsite
Family friendly design
- .Aesthetically pleasing
- Most realistic design
- Excellent architecture. I like what they have done on East Hennepin. Tentative
layout, like the one from Centex, most closely matches the possible layouts
from the NW Quadrant Study.
- Looks like they have done it before many times. Centex and Sherman are top
teams.
- No thru street.
- Sherman seemed less creative (square streets, etc.) Combining housing and
retail in the same space is interesting but could get rundown.
- Too sterile.
- -Too much work in low-income housing; concerned about quality.
- Too many apartments (2)
- Senior units should not all be rental units. Many older people want to own.
- Too much retail
10
St. Anthony Village
Northwest Quadrant Redevelopment
Open House Comments Summary
Opus
— Opus has the character we need.
— Liked how they tied into the surrounding area.
— Liked the Opus concept best (4)
— The boulevard concept is great. Creates the downtown we need.
— Gets needed new retail in our city, draws money in for shopping from outside
the city.
— Forward thinking about rail transit issue
— Liked brick and concrete construction which is built to last
— The tall building looked fantastic
— Opus is a quality developer and seemed very receptive to changing plans
according to what the community needs
— Opus was quite interested in citizen input and seemed very willing to make
changes to accommodate our needs and concerns.
— Love the multiple types of homes/townhomes/condos
— Their background is with large commercial and big high-rise shows.
— Has nice photos and a nice product but I don't think they can supply as good a
product to St. Anthony.
— Concerned by their taking of a number of businesses and razing Apache,
which will be very expensive.
DORSEY & WHITNEY LLP
MINNEAPOLIS SUITE 1500 COSTA MESA
NEW YORK 50 SOUTH SIXTH STREET BILLINGS
SEATTLE
DENVER MINNEAPOLIS, MINNESOTA 55402-1498 FARGO
TELEPHONE: 612 340-2600 HONG KONG
WASHINGTON,D.C. ( GREAT FALLS
NORTHERN VIRGINIA FAX: (612)•340-2868
ROCHESTER
DES MOINES WWW.dorseylaw.com
TOKYO
LONDON MISSOULA
ANCHORAGE VANCOUVER
SALT LAKE CITY
TORONTO
BRUSSELS SHANGHAI
JEROME P.GILLIGAN
(612)340-2962
Fax(612)340-2643
gilligan.jerome@dorseylaw.com
February 12, 2002
Mr. Michael Morrison
City Manager
City of St. Anthony
3301 Silver Lake Road N.E."
St. Anthony, MN 55418-1603
Re: Village North Properties—Conditional Use Permit for Business Engaged
in Processing of Wax and Other Components into Candles
Dear Mike:
On January 8, 2002 the City Council approved a Conditional Use Permit (the
"CUP") to permit a business engaged in the processing of wax and other components into .
candle products to be operated in a building owned by Village North Properties, LLP,
located at 2801 37th Avenue N.E. The CUP contained conditions limiting the hours
during which the processing of wax and other components into candle products may
occur and required that reasonable effects be made to eliminate or remediate odors that
are injurous to the public health and welfare emanating from the business. The CUP
provides that it expires on September 1, 2002 and that the owner shall be required to
apply for and receive a new CUP in order for the processing of wax and other
components into candle products to continue after that date and that additional conditions
may be placed by the City on the use of the property as a condition of the issuance of a
new CUP.
Nearby residents who are concerned about odors emanating from the business
have requested that the City take action at this time to revoke the CUP. There is no
evidence that there has been a breach of the terms of the CUP. At the time the CUP was
approved the City was aware that odors would be emanating from the business and that
DORSEY & WHITNEY LLP
Mr. Michael Mornson
February 12, 2002
Page 2
the owner represented that efforts would be made to eliminate or remediate the odors but
that this would take a period of time in order to conduct necessary testing and to fabricate
and install air handling equipment.
Absent any evidence that any of the conditions of the CUP have been violated, the
City does not have any authority or basis to take action at this time to revoke the CUP.
Yours tru ,
Per e P. Gillig n
JPG/pmh
RESIDENT'S DATE DATE/TIME COMMENTS/NOTES
NAME/ADDRESS CALLED OF SMELL
Steve Olik 1/10/02 1/10/02 "Strong smell coming from plant right now."
2614 37'h Ave NE 1:40 p.m. Phone 612-781-5873
Steve Olik 1/14/02 1/12/02 "...smell on Saturday...was pretty extreme..."
2614 37'h Ave NE "about noon" ("not on Sunday")
Cynthia, 1/14/02 1/14/02 . "I was suppose to call in about the smell...smelt it
Witsingman(sp?) today when I got the mail."Phone 612-788-8909
2602 37`h Ave NE
Doug Tanner 1/14/02 1/15/02 "There was an extremely strong smell coming
time?? from the candle making building on 1/14 while I
was snow blowing my daughter's home(2614 37`h
Ave NE)."Phone 612-781-6393
Doug Tanner 1/15/02 1/15/02 "Also was at the Valvoline and smelt it there..."
1:15 .m.
Steve Olik 1/15/02 1/14/02 "...a smell coming from the candle making
early afternoon company again..."
Doug Tanner 1/18/02 1/17/02 "..stopped by my daughter's home,smell was
9:45 a.m. extremely strong."
Steve Olik 1/18/02 1/17/02 `...strong smell coming from the building.
9:30 p.m.
Steve Olik 1/18/02 1/18/02 "same ...(this a.m. as last night)"
8:30 a.m.
Doug Tanner 1/22/02 1/21/02 "On Monday(1/21)while my wife were walking
?? at Apache, smelt it on the inside at the southwest
corner of the buildin ..
Denise Staten 1/23/02 . 1/23/02 "Candle smell was really bad while out walking—
3631 Harding St 2 p.m. it was perfume smelling. It's really bugging me. I
can really smell it."612-789-8179
Doug Tanner 1/23/02 1/23/02 "The smell is really strong today at my daughter's
house."
Steve Olik 1/24/02 1/24/02 "The smell is terrible today in front of my house."
Doug Tanner 1/24/02 1/24/02 "There was a strong smell of candles today when I
?? went for my walk at Apache."
Mr. Patrick 1/28/02 1/28/02, "Today they are making candles because we can
3833 Edward St 3-4 p.m. smell it. 1 was suppose to let the City know if I
smelt it."
Carol Patrick 1/29/02 1/29/02, "This a.m., fragrance is really strong. When it's
3833 Edward St a.m. winter and it's bad, I hate to be sitting on my deck
this summer and smell it like this. It's very,very
powerful...Smells like a bathroom scent."#612-
781-2534
Steve Olik 1/29/02 Two times "It was bad on Sat.,Jan 26 @ 4:30 p.m. Also on
Sun,the 27`h @ 4:30 p.m. Last p.m.there was a
very strong scent coming from the candle
factory."
Cynthia 1/29/02 Several "On 1/28, 5:30 p.m.,while going out to get the
Witsin mans ? mail,smell was really,really strop ""On 1/29
2:00 .m.,smell still bad,never smelt it this bad."
Doug Tanner 1/30/02 Two times "...on Jan.28,Monday,strong smell...on Jan.
30,strong smell again."
Steve Olik 1/31/02 Two times "...Wednesday(1/30)4 p.m.,smell from candle
company terrible.Monday and Tuesday(1/28
& 1/29 also bad."
Cynthia 2/1/02 Afternoon "Smell is really strong...even when I drove into
Witsingman(sp?) my garage..."
2602 37`h Ave NE
Doug Tanner 2/4/02 Several "I smell that smell every time the wind is
right—at my daughter's or at Apache. Last
week I smelt it but never called.At noon
Sunday,the smell was strong...there was a car
over there. I wonder if they were making
candies...on Sunday?They aren't supposed to,
are the T
Steve Olik 2/12/02 2/10(Sunday)_ "Smell was very strong on Sunday."
r
•a ig Z V
a G_-O 2M
Ny,1/1 LAND USE PLANNING WORKSHOPS
moa =z
vi a H E FOR LOCAL PLANNING OFFICIALS — Appointed, Elected and Staff
February-June,2002—VARIOUS LOCATIONS
c
0
D Back by Popular Demand . . .
s• The Basics
❖ Beyond The Basics
s• Advanced Zoning Applications
:• Building and Sustaining Community Character
s ❖ Boundary Adjustments
� L
Q_
NEW in 2002 . . .
o A.- Environmental Planning: Choosing the Best Approach for Your Community
`–'
CD
r ° ❖ Technology Tools for Local Planning
` o m
J; a) N s• Advanced Zoning Applications(in new"bite-sized"portions in the metro area)
E3 L
N
C - L7 N
c N Sponsored by: GOVERNMENT TRAINING SERVICE
Co-sponsors: Association of Minnesota Counties;League of Minnesota Cities;
cu
E -0 ti U Metropolitan Council; Minnesota Association of Townships; Minnesota Chapter,
Uo o American Planning Association;Minnesota Planning and
o CO Minnesota Regional Development Organizations
L7 v cn
GENERAL INFORMATION 2002 LAND USE PLANNING WORKSHOPS — February-June
We are pleased to once again offer workshops designed especially for citizen planners,planning staff REGISTRATION FORM
and students. Sessions provide opportunities for in-depth study of current topics and hands-on applica- (Please print or type. Form should be duplicated when registering more than
one person!)
lion. While many of these programs and presenters have been part of our planning Curriculum for many First Name
years,the content is constantly revised and updated to ensure today's issues are addressed. We are also
introducing two new workshops in 2002(pages 9-10)and a re-formatted version of our Advanced Last Name
Zoning workshop(for details see page 6).
Title
PROGRAM FEATURES INCLUDE FEES Jurisdiction/Agency How long in this position?
.• Accomplished faculty with extensive back- The following registration fees include handout Street Address
grounds in both planning and instruction materials and refreshment breaks. Luncheon meal is
o Focus on Current issues and timely information included in all-day programs only. City State Zip
Practical content designed by a committee of s $99/person-Annual Planning Institute:The Basics Daytime Phone Fax Number E-mail
planning experts and local officials or Advanced Zoning'Brown Bag'Series NOTE: PLEASE PKIWIDE US WITH YOUR E-MAIL ADDRESS SO WE MAY CONFIRM YOUR REGSERADON. COMIRMADONS WILL
BE SENT)tiLWFfl<-ECL)NG]LlE}Y)EKSH!?r
+• Extensive handouts and reference materials %% $125/person-Beyond the Basics,Advanced
assembled to make your job easier Zoning,Building&Sustaining Community Charac- Workshop Options:(Check all that anolv.l: Registration Options:
ter,or Environmental Planning Regular
CORE PROGRAMS&SPECIAL FOCUS 3 $50/person-Boundary Adjustments or Annual Planning Institute:The Basics(599)
PROGRAMS Technology Tools ❑ February 14-St.Cloud ❑Student at
Core programs cover basic issues related to all Full-time students are invited to register for any of the ❑ March 14-St.Paul
cities,counties and townships regardless of size or full-day workshops for$50/person or for the half-day ❑ April 13-St.Paul Payment Options:
location. As they have been designed to build upon workshop for$25/person. Beyond the Basics ($125) ❑Enclosed is check# in the amount of
each other,participants are encouraged to attend REGISTRATION/CANCELLATION ❑ March 13-St.Cloud $ (payable to Government Training Service).
them in sequence. Special Focus Programs cover Register at least seven days prior to the workshop date ❑ April 24-St.Paul E]E] bill me at above address.
❑ May 4-St.Paul
specific topics of interest tojurisdictions addressing using the form in this brochure. Fill out one form per P.O.# (if applicable).
A
particular situations or issues. individual. Because registration is limited in most Advanced Zonin g Applications
NOTE:AN S81AGENCY 8I111NG r(E Lffi1 HE ADDED r0 THE
sites,we encourage early registration to guarantee ❑ Brown Bag series-St.Paul($99) AMOUNTOWEO. B1 LLING OPTION NOT AVAIAQLETOsJWLW5.
WHO SHOULD ATTEND? ! (2/13-3/13-4/10-5/15)
your spot on your preferred date You will receive an e-
Members of planning commissions,boards of mail confirmation of your registration one week before ❑ April 25-St.Cloud ($125) $ eeial Needs:(Must be received at least
two weeks
adjustment and appends,and governing bodies in the program if you provide us with an e-mail address. ❑ May 8-St.Paul ($125) P
p Building Community Character ($125) hefnre file vvnrkshnn for which you are registering.)
Minnesota cities,Counties and townships. Also 9 Y
valuable for rnelnbers of other advisory commis- Fees will be refunded less a$15 service fee if the ❑ May 15-Breezy Point ❑I have a dietary restriction(e.g.,vegetarian)as
lions,housing and redevelopment authorities,staff, registration is cancelled four working days before the Environmental Planning ($125) follows:
real estate professionals,and others working in program. You may substitute another individual for the ❑ April 11-St.Paul ❑I require ancillary aids(i.e.sign language
areas related to specialized workshop topics.Some same workshop at any time if you find you cannot Boundary Adjustments(550) interpreter,large print,Braille materials,etc.).
workshops are targeted to individuals with certain attend. Should weather(or other circumstances ❑ June 26-St.Cloud Please contact me at:
levels of experience/expertise. See individual work- beyond our control)necessitate program cancellation (Circle one:VOICE or TTY)
or postponement,registrants will be notified via Technology Tools for Local Planning(550)
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which course(s)are best for you! announcements on WCCO-AM radio and other local ❑ P P me at:
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Government Training Service,currently celebrating its 25i1 year of service,is a public organization whose Return this form at least seven days prior to the first workshop
you are attending to:
6,,�Jmission is to provide innovative.comprehensive,practical training and consulting to address the changing Government Training Service,480 Cedar Street,Suite 401,St.Paul,Minnesota
55101-2240
management and leadership needs of policymakers,staff and appointed officials in publicly-funded
organizations in Minnesota. (or fax if you have selected the"bill me"option to:651.223-5307).
WORKSHOP SITES
TECHNOLOGY TOOLS FOR LOCAL PLANNING All workshop sites are accessible to persons with disabilities and have convenient parking for participants. A
8:30 AM-12:30 PM (final check-in:8:00 AM) small sleeping room block has been reserved as indicated until three weeks before the workshop. See rates
below. Participants needing such overnight accommodations should make reservations directly with the hotel.
Special Wednesday,April 17-Sawmill Inn,Grand Rapids Be sure to mention the"Land Use Planning Workshop'when making reservations to obtain these special rates!
FOCUS Wednesday,May 1-Holiday Inn,Mankato St.Paul Grand Rapids Mankato
Program Thursday,May 16-Best Western Kelly Inn,St.Cloud Earle Brown Continuing Sawmill Inn Holiday Inn-Downtown
Education Center 2301 South Pokegama Ave. 101 East Main Street
Learn how to take advantage of easy-to-use GIS tools and local area resource data 1890 Buford Avenue 218-326-8501 507-345-1234
to improve your local planning efforts. New applications developed by Minnesota 651-624-3411 Sleeping Room Rate: $55+tax Sleeping Room Rate:S61+1ax
Planning can help address the broad spectrum of environmental and sustainable league of Minnesota Cities (single or double) (.singer.or double)
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wealth of available data into visual representations makes it much easier for local 651-281-1200 9252 Breezy Point Drive Highway 23&41"Ave.S.
decisionmakers to understand complex spatial relationships and how they would be 218-562-7141 320-253-0606
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developing scenarios and preparing plans that address local goals. Topics include: (single or double) (single)or$82+tax(double)
Using Geographic Information Systems(GIS)-The Basics
Environmental,resource,social and economic data-What's Available..? CUSTOMIZE AND BRING A WORKSHOP TO CONSIDERING A GOAL-SETTING OR
:• New tools available to access,interpret and supplement this data:how to use YOUR COMMUNITY! TEAM-BUILDING SESSION?
them Any of these workshops can be brought to your Government Training Service can provide facilitators with
New tools for analyzing various state datasets in modeling scenarios for planning site for an extremely reasonable price) You can extensive experience working with local
governments
purposes:how to use them to assess impact of choices,set priorities and weigh then choose the date and location—with us like yours to lead a session for your governing body
and/
alternatives based on local conditions and needs providing the faculty and materials. Benefits of or advisory commission. We can facilitate a process to
How to answer key planning questions such as: this customized approach to land use training gather citizen input,set goals,guide problem solving.
Where are our resource assets and planning challenges? include: help prioritize scarce resources,make budget decisions,
What areas are best suited for a particular use? : Program is held exclusively for a diverse or help strengthen existing teams. This professional,
What land could be impacied by a proposed policy? group from your community(or area of the objective assistance can be especially beneficial in times
state)at a lower per-person cost than sending of tough decisions.
AUDIENCE:Especially for staff in non-metro counties,cities,townships,regional them to the open enrollment workshops Contact Mary Sabatke at GTS for all the details.
development commissions as well as interested decision-makers announced in this brochure.
(651-222-7409,ext.208)or e-mail msabatkeiamngts.org
You are guaranteed a date convenient to the
FACULTY participants. FOR FURTHER INFORMATION
Jeffrey Bloomquisl is a Senior Project Consultant with Minnesota Planning.He has been working o For a slightly higher cost,workshop topics can For registration assistance:Brian
Smith(ext.207)
directly with local communities for the past four years in various planning environments using be tailored to ensure that your current key or brismithcPningts.org
This brochure geographic information and technical models.He holds a B.A.in Urban&Regional Studies/ community issues are covered. With program questions:Carol Schoeneck(ext.205)
available at: Geography from the University of Minnesota-Duluth and a Masters in Resource Analysis from St. •• cscltoeneck @mn ls.Or
www.inngts.org Marys University. Contact Carol Schoeneck at GTS to explore the or g g
possibilities(651-222-7409,ext.205)or GOVERNMENT TRAINING SERVICE
Aaron Buffington,Senior Project Consultant with Minnesota Planning,has been working with GIS 480 Cedar Street,Suite 401
in the planning field since 1996.He has worked as a planner at city,regional and state levels.He email CSChoeneckC..mngts.org
St.Paul,Minnesota 55101-2240
has a B.A.in Geography from UMD and also holds an M.A.in Resource Analysis from St.Mary's
Voice:651-222-7409 Fax:651-223-5307
University. MN Toll Free:800-569-6880 TTY:651-221-9817
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OWNS-
BUILDING AND SUSTAINING COMMUNITY CHARACTER BEYOND THE BASICS
9:00 AM-4:30 PM(final check-in:8:30 AM) 9:00 AM-4:30 PM(final check-in:8:30 Ann)
Special Wednesday,March 13,Best Western,St.Cloud Core
Focus Wednesday,May 15,Breezy Point Resort,Breezy Point Wednesday,April 24,Earle Brown Center,St.Paul Program
Program Saturday,May 4,Earle Brown Center,St.Paul
This workshop focuses on what makes up community character and practical Participants learn about preparing and using planning tools to deal with a wide
ways to enhance it. This is advanced planning which gets to the heart and fabric variety of development problems and obtain an in-depth review of the planning
of the community and provides a framework for you to create outstanding places process. From proper legal notice to development of sophisticated findings of fact,
to live,to play and to work. Elected officials have found this program to be espe- you will learn:
cially valuable.In this workshop you will learn how to: `•• A quick review-land use tools and standards,source and limitations of author- '
:f Identify and define the important characteristics of your community ity to plan and zone,community participation,I'Lindamental legal principles and '
•� Turn natural assets into community treasures Subdivision regulations
e Use neighborhoods,business districts,streets,parks and even highways as Comprehensive plan elements in depth '
character building elements A Innovative ways to guide land use development;intro to"cutting edge"zoning '
ee Use character zoning and performance standards to turn your community applications
plan into reality i Preparing and using planning tools to deal with a wide variety of development
%e Help your citizens discover how they can enhance their community's vitality problems
%% Think big but move ahead with realistic steps •> The planning process in depth-from proper legal notice to development of
Includes"nuts and bolts"presentations on such topics as cultural resources,the findings of fact '
lifestyle impact of changing demographics and specific zoning tools,plus small 0. Legal issues in depth-what are takings?,applying the principles,living with the
group sessions designed to help you apply what you've learned to hypothetical 60 day limit
�• Brief overview of Minnesota's Environmental Review Program-EAW,EIS,AUAR
(and your own!)situations. Join us for a workshop designed to be a thought- '
provoking,useful and fun learning experience! •:� Case Studies-actual urban and rural situations
Examples of"60 day rule"letters
FACULTY AUDIENCE:Intended for those who have a solid general knowledge of the planning
Mark Grimes has been Director of Planning&Development for Golden Valley since 1984. process(1-2 years on Council,Board or Zoning/Planning Commission)or who have
• During his tenure,.the City Council and staff have worked to guide inevitable change in a attended"The Basics" I ,
manner that would enhance the community as a place to live and work. Highlights include
successful redevelopment of several areas in the city providing new/updated commercial, FACULTY
•. industrial&residential opportunities. Phil Carlson has consulted on planning issues for 25 years with the Minneapolis firm of
Dick Krier has developed a special interest in building&sustaining community character Dahlgren,Shardlow&Uban,Inc.. In that time he has prepared comprehensive plans for
'
during his 30+years of active planning and real estate development experience in a variety numerous Minnesota communities including St.Cloud,Burnsville,Roseville.Mendota Heights,
of settings, lie has used his approach with success in a variety of new large planned Alexandria,Little Falls,Vadnais Heights and Sauk Centre. In addition to writing zoning
ordi-
communities as well as older redevelopments and overall community plans.Mr.Krier is fiances for those_communities.Mr.Carlson also wrote the design guidelines for Burnsville's
currently a principal with the Wayzata firm of Midwest Planning&Design and serves as Heart of the City development.West St.Paul's Robert Street corridor and Mankato's Urban
Planning&Zoning Administrator for the City of Minnetonka Beach. Design Framework.
Gunnar Isberg has over 35 years of land use planning experience rand heads his own Desyl Peterson has been the Minnetonka City Attorney since 1984. Prior to that she was
in
Eagan planning consulting firm. He is currently a Dakota County Planning Commission private practice for seven years serving a variety of public and private clients. Ms.Peterson
has
member and sits on the Boards of Directors for Thousand Frionds of Minnesota and Friends of been President of the Minnesota City Attorneys Association,the Hennepin County
Local
the Mississippi River. Previously,he Served on the Northfield City Council for four years,held Government Law Committee and a member of the League of Minnesota Cities Board
of
positions as Planning Director for Dakota County and Rochester-Olmsted County,and served Directors.
on the Eagan Planning Commission. Approved for 6.5 hours of Continuing Real Estate Education Credit
ADVANCED ZONING APPLICATIONS BOUNDARY ADJUSTMENTS
Brown-bag series: 11:30 Ann-1:00 Pt•,i(final check-in:11:00 nrn)
Full day: 9:00 AM- 4:30 PM(final check-in: 8:30 AM) 8:30 Ann-12:30 PM(final check-in:8:00 AM)
Core BROWN-BAG SERIES: Wednesdays:2/13,3/13,4/10,5/15 Special
League of Minnesota Cities Building,St:Paul Wednesday,June 26,Best Western Kelly Inn,St.Claud
Program Thursday,April 25,Best Western Kelly Inn,St.Cloud FOCUS
Wednesday,May 8,Earle'Brown Center,St.,Paul Program
This workshop supplements other Land Use Planning programming and offers a Here's your chance to gain an understanding of potential issues and the impacts
more in-depth exploration of land use issues. Participants obtain a more compre- of various approaches to boundary adjustments.Learn the process involved once
• hensive understanding of such issues as: a decision is made to move forward.Topics include: .•
• •• v Flow to break out of the"Misuse of Variances Syndrome" Boundary adjustment as a component of your overall plan,understanding the
• . Understanding proper use,and limitations to the use,of conditional use permits context
. .• Establishing and utilizing a planned use development ordinance that provides Reasons to consider boundary adjustments
flexibility and enhanced control Issues which need to be addressed—effect on tax base,administration,
S Understanding the benefits provided by Performance Zoning image,identity,governance,fiscal matters,growth management
' •, How to approach the regulation of signs :• The horror stories—what happens if these are not addressed
r •9 How to incorporate Urban Design standards into community zoning ordinances fi Brief summary of the law,procedures,participants,plus any updates on recent
How to approach a multi-jurisdictional planning study and potential changes
4- Update and discussion of recent court cases and their implications 4 Options:incorporation,detachments,annexation through order,joint agree-
NEW FORMAT OPTION:CUSTOMER-FRIENDLY AND COST-EFFECTIVE!
merit.ordinance
If you can't spare a full day or like the idea of being part of a continuing group Ways in which communities have successfully addressed the issues(with
. .
focusing on current advanced zoning topics,You're invited to sign up for a series of practical,real life examples of agreements,financial settlements,ordinances) .
"bring your own bag hmch"sessions.First session will cover topics in most demand
v The process:using rnedialion or arbitration
at previous workshops:the next three will focus on those prioritized by participants
at the first meeting.Group members will be encouraged to share questions and AUDIENCE-All interested individuals
issues about the topics based on specific situations in their community.
• •• AUDIENCE -Designed for those who have a thorough knowledge of land use FACULTY
issues(3+years of experience)or who have attended both"The Basics"and"Beyond Dean Johnson is President of Resource Strategies Corporation,a local governmental
the Basics." It is p8rlicUL.1fly valuable for staff. cansUlting rime. He has over 15 years experience in the public sector including land use
planning,downtown redevelopment,tax increment financing,project management and
FACULTY environment planning/policy analysis.Mr.Johnson's previous positions include Director of
John Shardlow is President and Director of Planning for Dahigren,Shardlow&Uban,Inc., Community Development for Rosemount,Minnesota.
consulting planners and landscape architects. In 24 years of professional practice.he has Christine Scotillo served as the Executive Director for the Minnesota Municipal
Board
assisted nearly 100 cities and counties in preparing and implementing their coinprettensive from 1995 until its 1999 sunset. She currently is the Executive Director for Municipal
plans,zoning ordinances,subdivision regulations and a wide variety of special studies. Mr.
Shardlows recent projects have included a major emphasis on regional grov,ah management Boundary Adjustments for the Office of Strategic and Long Range Planning.Minnesota
f
issues and redevelopment projects. tanning. Ms.Scotillo has her law degree and,in previous positions,worked with cities,
counties,educational cooperatives and school districts.
Bruce Malkerson is an attorney with the Minneapolis law firm of Malkerson,Gilliland&
Martin LLP. Since creating the firm in 1973,he has represented numerous developers,land
owners and governmental agencies in all aspects of land Use and condemnation matters.
Mr.Malkerson has been a frequent lecturer to attorneys,developers,land owners.appraisers °
and public officials concerning these matters. •,,�P,°� 7i K
Approved for 5.0 hours of Continuing Real Estate Education Credit Mr .t`� L'i� � r
PP 9 t
THE BASICS ENVIRONMENTAL PLANNING: Choosing the Best Approach
9:00 Ann-4:30 Pnt(final check-in:8:30 AM) for Your Community! 9:00 Ann-4:30 PM(final check-in:8:30 AM)
Core Thursday,February 14,Best Western Kelly Inn,SL Cloud Special
Program Thursday,March 14,Earle Brown Center,St.Paul Thursday,April 11,Earle Brown Center,St.Paul Focus
Saturday,April 13,Earle Brown Center,St.Paul Program
The Minnesota Environmental Policy Act(MEPA)provides a number of options for communi-
This workshop provides the nuts and bolts of planning,zoning and subdivision ties. What makes the most sense for you-an EIS.EAW,or AUAR? What are the proce-
regulation. Participants learn where they fit into the planning and zoning process, dures involved? How do you link the findings back to your zoning ordinances and other
and how to maximize their impact. Among the topics to be addressed are: community planning efforts? Through presentations and hands-on exercises,this program
•r The history,the process,the results will provide excellent background information on MEPA requirements and recent court
••r Implementation,exercising authority, zoning/subdivision ordinances,amend- rulings,as well as practical tips on using decision-making tools to help implement your
ments, permits,enforcement comprehensive plan. Topics include:
Legal limitations,avoiding litigation,planning,zoning and subdivision laws,"due State and federal requirements-overview
process,"conducting a proper public hearing and recording your findings oti Recent court rulings
Who participates in the planning and zoning process and where You fit in;how to The Environmental Impact Statement,the Environmental Assessment Worksheet,the
maximize your impact Alternative urban Areawide Review—purpose,what's involved,pros and cons,
�• Hands-on simulations of actual planning and zoning dilemmas Minnesota examples of each approach
4 Hot Issues,answers to your questions ie The Process— assessing the environmental impact of a hypothetical project
4 Keys to successful implementation
AUDIENCE: Designed lot[[rose new to land use planning or interested in an
extensive review of the fundamentals AUDIENCE: Intended for those who work for or with government agencies,particularly
those who are involved in making decisions that could affect the environment or in provid-
FACULTY ing information towards the making of such decisions
Neil Blanchetl,is a member of the Bloomington law firm of Larkin,Hoffman.Daly&I.indgren
where his main areas of pi aclice are Land use,ntuniripal and real estate development law. FACULTY ,
He represenLS landowners,developers,architects and builders,as well as cities in all phases Ken Nimmer is owner of IMPACT Planning,a community and environmental planning
firm specializ-
of the land development process including comprehensive planning&zoning,redevelopment, ing in environmental assessments,environmental baseline surveys,land transfer and
development
transportation and infrastructure issues,and environmental review. projects,and local comprehensive plans. His Masters thesis in Public Administration analyzed
Bob Lockyear has extensive hands-on experience in both writing and implementing zoning environmental compliance programs in Minnesota. He is a Registered Environmental
Manager with
and subdivision ordinances. I le is currently Director of Planning and Public Affairs for Washing- 12 years experience administering community and environmental planning
programs with an
ton County. Mr.Lockyear has worked for city,county and state planning departments in Illinois, emphasis on the National Environmental Policy Act and Minnesota Environmental
Policy Act.
Wisconsin and Minnesota. In these settings he has created systems to effectively communicate Walter Rockenstein,a partner with Faegre&Benson,focuses his law practice on
environmental
the need to plan,to write the physical plan and then to accomplish its implementation. reviews,environmental permitting,and land use and zoning approvals,all related to
property `
development or redevelopment. Recent projects include the Minnesota Orchestra's proposed This brochure
amphitheater in Brooklyn Park,Best Buy's Corporate headquarters in Richfield,and the expansion of 1
Minneapolis-St.Paul International Airport. He served on the Minneapolis City Council for ten years available at:
M. Approved for 6.0 hours of Continuing Real Estate Education Credit and earlier was a Special Assistant Attorney General with the Minnesota Attorney General's Office.
www.ningts.org
Jon Larsen has been Principal Planner for the Environmental Review Program of the Environmental
Quality Board since 1995. Key responsibilities are administering the Technical Assistance Program
for environmental review,editing the EQB Monitor,and providing educational materials and
outreach on environmental rules. Previous positions included Director of Research for the Institute
f X44' of Environmental Assessment and for the Minnesota Institute of Public Hoalth.
1 CITY OF ST. ANTHONY
2
` 3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 January 8, 2002
6
7
8 CALL TO ORDER.
9 Mayor Hodson called the meeting to order at 7:00 p.m.
10
11 PLEDGE OF ALLEGIANCE.
12 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.
13
14 ROLL CALL.
15 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust.
16 Absent: None.
17 Also Present: City Manager Mike Mornson; City Attorney Jerry Gilligan.
18
. 19 APPOINTMENT TO CITY COUNCIL VACANCY/SWEARING IN.
20 Mayor Hodson requested a motion for the swearing in of Jerry Faust.
21
22 Motion by Councilmember Thuesen to appoint Jerry Faust for the remaining two years for the vacant
23 seat on the City Council.
24
25 Councilmember Sparks stated that she still felt that the City Council should have gone through an
26 appointment process.
27
28 Mayor Hodson stated that Faust's credentials speak for themselves.
29
30 Motion carried 3-1. Councilmember Sparks opposed.
31
32 CONSIDERATION, DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
33 ITEMS.
34
35 I. APPROVAL OF JANUARY 8,2002 CITY COUNCIL MEETING AGENDA.
36 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of January 8,
37 2002.
38
39 Motion carried unanimously.
40
41 II. PROCLAMATIONS AND RECOGNITIONS.
42 None.
43
44 III. COMMUNITY FORUM.
45 Resident Hawken Light was present to address the Council regarding the gymnasium that is
46 located in the Community Center, as well as teen activities in the community.
47
48 Light stated that he has tried to use the gymnasium several times. He indicated that he has
49 spoken to the various people that schedule time in the gym. He questioned why the fee-rate was
City Council Regular Meeting Minutes
January 8, 2002
Page 2
1 so high for private use, citing a$50.00 per hour fee. He continued that he had requested use for
2 a church basketball team, and was told that the fee could only be lowered to $30.00.
3
4 Light asked if the Sports Boosters were required to pay a certain fee when they use the gym.
5 Mornson stated that they do not have to pay anything for use of the gym. He stated that they
6 contributed to the storage room of the gym, as well as the planning of the actual building.
7
8 Mornson continued that the City has an agreement with both the Sports Boosters and the School
9 District that community services and the Sports Boosters get first priority based on the fact that
10 they both provide youth services to the community.
11
12 Light asked if the church basketball team would be able to use the gym free of charge,provided
13 they use their own balls and have adult supervision. He continued that playing basketball is
14 good activity for them and keeps them busy.
15
16 Light asked if the Council knew what was happening with the proposed teen-program
17 development, stating that he has heard promises,but seen nothing. He added that it is
18 challenging to find things to do in the community, and that venturing out to neighboring cities
19 constitutes getting a ride, or having a license and access to a car.
20
21 Councilmember Sparks asked if Light was aware of the community prevention coalition,and
22 highlighted the Safe and Affordable Activities for Youth Committee led by Sharon Walker. She
23 continued that they have tried to focus on a number of activities, and that, while no progress has
24 been made,the Teen Center has been mentioned. She concluded that she felt his request was
25 valid for free use of the Community Center.
26
27 Mornson stated that gym fees, and allowing church groups free access, was discussed a while
28 ago, and that it was determined back then that they should have some sort of fee because of all of
29 the churches in the area and the potential for them to monopolize the gym.
30
31 Councilmember Sparks stated that she would like to look at youth activities and how they charge
32 for them. Mayor Hodson agreed with Councilmember Sparks and stated that he frequently hears
33 complaints of the lack of activities for youths within the City of St. Anthony.
34
35 Mayor Hodson encouraged Light to continue with his participation in the Safe and Affordable
36 Activities for Youth Committee.
37
38 Councilmember Thuesen stated that he has wanted to address this issue prior to this evening. He
39 added that they should to discuss hiring someone as a monitor for the gym at the City Council
40 annual goal-setting meeting.
41
42 The Council thanked Light for his presence and input.
43
44 Jerry Faust was sworn in by City Clerk Connie Kroeplin,at 7:16 p.m.
45
City Council Regular Meeting Minutes
January 8, 2002
Page 3
1 Ma yo r H odson as k ed if there
were any other residents wishing to address the Council at this
2 time. Hearing none, Mayor Hodson moved forward with the agenda.
3
4 IV. CONSENT AGENDA.
5 1. Approve December 11, 2001 City Council meeting minutes.
6 2. Approve licenses and permits.
7 3. Approve claims.
8 4. Resolutions 02-001 through 02-011 (annual "housekeeping?"resolutions).
9 001-Designate Acting Mayor for 2002
10 002-Authorize persons to make certain transactions to City accounts
11 003-Designate official depository.for City funds
12 004-Designate Public Health Officer
13 005-Designate legal newspaper
14 006-010-Designate Mayor and Councilmember's participation in outside organizations
15 5. Ordinance 2001-004,re: Wireless Telecommunication Towers and Facilities(third
16 reading).
17
18 Mayor Hodson indicated that Dr. Carr has been the.City's Public Health Officer for nearly
19 twenty-five years, and wanted to resign from the position. Mayor Hodson indicated that he had
20 an individual in mind for the position'of Public Health Officer for the City of St. Anthony, and
21 would like to pull the item from the Consent Agenda at this time.
22
23 Mayor Hodson stated that some corrections have been made in the Councilmember's packets to
24 Resolutions 02-008 through 02-010.
25
26 Mornson added that Councilmember Sparks would fill-in as Acting Mayor, in the event of
27 Mayor Hodson's absence.
28
29 Motion by Councilmember Sparks to approve the Consent Agenda, as amended above.
30
31 Motion carried unanimously.
32
33 V. PUBLIC HEARINGS.
34 1. Consider amendment to redevelopment plans and Chandler Place Tax Increment Financing
35 District (Resolution 02-015).
36 City Attorney Jerry Gilligan reviewed the amendment. He stated that the amendment includes
37 some additional property in the area subject to the redevelopment plans for the purpose of
38 making expenditures of TIF with respect to that, which amends the budget for the Chandler TIF
39 District to authorize those expenditures.
40
41 Morrison reviewed the third section of the resolution with the Council which stated that they
42 have the ability to complete an internal loan, if necessary, from one district to the Chandler Tax
43 Increment District.
44
City Council Regular Meeting Minutes
January 8, 2002
Page 4
1 Motion by Councilmember Faust to approve Resolution 02-015,re: Considering amendment to
2 redevelopment plans and Chandler Place Tax Increment Financing District.
3
4 Motion carried unanimously.
5
6 VI. REPORTS FROM COMMISSIONS AND STAFF.
7 1. Planning Commission-December 18. 2001:
8 A. Village North, LLP; for 2801-37h Avenue NE; conditional use permit for
9 packaging of wax and other components into candle products(Resolution 02-
10 016).
11
12 Planning Commissioner Steeves came forward to provide the Council with a
13 background on the property at Village North. He stated that the Planning
14 Commission concluded that the issue is a nuisance of smell,thus, very difficult to
15 determine a way in which it could be measured.
16
17 Commissioner Steeves added that the Planning Commission recommends that
18 they grant Essenco a 120-day temporary conditional use permit. He stated that the
19 120-day period would essentially be a test period after which the applicant would
20 come back before the Planning Commission who would then be able to.either
21 apply appropriate conditions to the permit, or determine that the odor was
22 injurious to property owners.
23
24 Councilmember Thuesen stated that he appreciated the thoroughness of the
25 Planning Commission regarding the Village North property. He highlighted the
26 fact that Essenco,the candle-making company, ceased their operations, but there
27 was still an odor that came from the building.
28
29 Commissioner Steeves indicated that they were unable to ascertain exactly when
30 the operations ceased,thus,making it difficult to determine the extent of the
31 nuisance of the odor.
32
33 Councilmember Thuesen questioned if the 1.20-day period was excessive.
34
35 Commissioner Steeves stated that the Planning Commission felt the
36 recommendation that they have made was the best that they were able to come up
37 with at the time.
38
39 Gilligan highlighted that attaching a period of time to the permit meant that
40 Essenco would need to come back and re-apply for their permit before the end of
41 the 120-day period.
42
43 Councilmember Horst stated that, if any problems persisted related to odor, he
44 would not be in favor of approving the permit.
45
City Council Regular Meeting Minutes
January 8,2002
Page 5
1 Ken Solie, owner of the property, came forward and indicated that he and
2 Essenco did not feel that the 120-day period was enough time to run the business,
3 discover a problem and take care of the problem. He indicated that Charles
4 McGinley, McGinley and Associates, was present to address the Council and
5 related concerns.
6
7 McGinley stated that the Metropolitan Council has been running an odor
8 laboratory at which odors are measured and quantified for over 20 years. He
9 continued that St. Croix Sensory Laboratories, the laboratory to which he is
10 associated, could assist the City of St. Anthony in developing an odor ordinance,
11 if they chose to do so.
12
13 McGinley continued that several types of establishments emit odors of some sort.
14 He stated that he has been working with Essenco for seven days and has
15 established a couple of ways that they could improve the ventilation from within
16 the building.
17
18 McGinley reviewed the different elements of odor measurement. He stated that
19 whether an individual likes, or dislikes an odor is the only subjective parameter of
20 odor.
21
22 Councilmember Horst expressed his concern with the difficulty of guaranteeing
23 that Essenco follows through with their promises to fix problems associated with
24 odor.
25
26 Councilmember Sparks asked what level of smell was acceptable, and when that
27 line may be crossed. McGinley responded that there are two ways to measure
28 acceptability standards. He indicated that they were able to limits on the length of
29 time that the smell was accepted (e.g.: 98%acceptability rate means that the odor
30 cannot be smelled more than 2%of the time through the course of a year.)
31
32 Councilmember Sparks confirmed that if the City chooses to set standards, it was
33 . possible. McGinley concurred.
34
35 Mayor Hodson stated he felt it was a difficult standard. He indicated that,
36 although he was struggling with the issue,he felt that they have a considerable
37 amount of options for the space that would be much more objectionable.
38
39 The Council discussed the situation related to the nature of businesses and zoning,
40 as well as their desire to be sensitive to residents.
41
42 Councilmember Faust mentioned the training from Metropolitan Council.
43 McGinley stated that the inspectors who are trained to quantify odors are trained
44 in different ways. He continued that frequency of odor could be far more
45 important than strength of odor when assessing an odor.
City Council Regular Meeting Minutes
January 8, 2002
Page 6
1
2 Councilmember Faust asked if there existed a national standard where odor and
3 acceptability rate are concerned. McGinley stated that there does not exist a
4 national standard where odor is concerned.
5
6 Mayor Hodson suggested that the City of St. Anthony hold a 98%acceptability
7 standard. McGinley stated that 95%was much more reasonable.
8
9 Councilmember Faust stated that a couple of City employees would need to be
10 trained by the Metropolitan Council, if they chose to take the route of an
11 acceptability standard.
12
13 Mayor Hodson stated that he felt that the criteria existed from which to create
14 guidelines for a conditional use permit.
15
16 McGinley stated that.there would need to be some sort of time period where the
17 manufacturer had the opportunity to demonstrate compliance.
18
19 Mornson stated that he felt that it would be very difficult to police the issue
20 regarding the 95%acceptability standard.
21
22 Councilmember Thuesen stated that he,too, felt that the 95%acceptability
23 standard would be too difficult to enforce.
24
25 Councilmember Sparks suggested that, instead of the 95% standard,they count
26 the number of phone-calls that they receive from residents.
27
28 Resident Doug Tanner came forward and stated the smell is present, and
29 offensive. He stated that he was very disappointed with the 120-day test period
30 for a couple of reasons. He noted that it is wintertime and windows are closed.
31 He asked if, after 120 days, the smell is not gone and there is still an odor,that
32 Essenco is forced to fix the problem, or not granted a permit.
33
34 Solie stated that the 120-day period was simply not enough time to discover a
35 problem, fix the problem, and continue operating to see that the problem is indeed
36 fixed. He added that a time-line was not the best way to handle the situation. He
37 suggested that they be able to operate with a conditional use permit, and fix
38 problems as they arise.
39
40 Councilmember Thuesen asked for Gilligan's opinion on the subject. Gilligan
41 stated that he thought it would be very difficult to determine satisfactory progress
42 without a timeline. Gilligan continued that they could establish some objective
43 standards, such as the specific equipment that would be installed,by which to
44 measure progress.
45
City Council Regular Meeting Minutes
January 8, 2002
Page 7
1 Tanner stated that he did not feel that the words"good faith"were appropriate
2 where Essenco was concerned,highlighting the fact that they were up and
3 running before they had a permit at all.
4
5 Steve Levitus, owner of Essenco, came forward and stated that the early start-up
6 was a genuine misunderstanding on their behalf. He added that they have not
7 been operating for several weeks, and stated that he was completely committed to
8 working with the community.
9
10 Mayor Hodson asked City staff if there was enough information for them to draft
11 an ordinance at this time, in order to give Essenco the ability to begin operations
12 again.
13
14 Gilligan stated that it was difficult to do. He suggested that they set a time limit,
15 after which they could pull the conditional use if requirements of the permit were
16 not met.
17
18 After much discussion,the Council decided to draft a revised version of the
19 conditional use permit that the Planning Commission recommended. They
20 decided that they would grant the permit based on a trial period that expires on
21 September 1, 2002.
22
23 Councilmember Sparks was in disagreement with the length of time, feeling that
24 it was far too long.
25
26 Solie stated that they could not appropriately respond to the requirements of a
27 conditional use permit based on a 6-month trial period. He added that, if that
28 were the case,they would simply revoke their request tonight.
29
30 Resident Jennifer Tanner stated that her greatest concern was over what was
31 being done in"good faith"at this time to remedy the identified odor problem.
32
33 Mayor Hodson clarified that the Council would only grant the permit through
34 September 1, 2002.
35
36 Solie and Levitus indicated that the September 1,2002 deadline was simply not
37 long enough for them. Gilligan suggested that the Council went forth with a
38 motion, and that Essenco determine what they will do once the motion has been
39 made.
40
41 Motion by Councilmember Faust to grant the conditional use permit for Village
42 North, LLP, 280137"Avenue Northeast with the following conditions:
43 • Candle manufacturing can only occur between the hours of 6:00 a.m.
44 through 4:00 p.m., Monday through Saturday.
City Council Regular Meeting Minutes
January 8, 2002
Page 8
1 • The operation can operate until September 1, 2002 after which the
2 Planning Commission would hold a public hearing to determine whether,
3 or not,there exist-problems associated with the smell.
4 • Conditional use permit may be revoked if findings on September 1, 2002
5 indicated that the odor is injurious to the public health,and welfare,
6 including property values of the surrounding neighbors.
7 • After September 1, 2002, the City reserved the right to place any
8 additional, reasonable conditions on the use.
9
10 Motion carried 4-1. Councilmember Sparks opposed.
11
12 Levitus confirmed that the decision tonight meant that they were able to begin
13 operations again. Mayor Hodson stated that was true.
14
15 It was determined that residents would call the Assistant City Manager Susan
16 Henry at(612) 706-1324 to formally register complaints.
17
18 A. Ordinance 2002-001, re: Requires business licenses for massage therapy business
19 (first reading).
20
21 Commissioner Steeves reviewed the findings of the Planning Commission. He
22 stated that they recommended it for approval as is.
23
24 Councilmember Horst asked about the associated fees.
25
26 Resident Mary Luger-Sarter reviewed the costs associated with starting out in the
27 business of massage therapy, which were far less than the $5,000 of capital
28 investment noted in the ordinance.
29
30 Councilmember Sparks stated that she felt they could drop the $5,000 fee
31 altogether. The Council agreed.
32
33 Luger-Sarter commented on the $500 investigating fee. Gilligan stated that it was
34 a one-time fee, but the $250 licensing fee was annual.
35
36 Luger-Sarter stated that the wording"massage parlors"was very offensive and
37 suggested that it be changed to therapeutic massage businesses.
38
39 The Council agreed that the language of the ordinance be changed to include both
40 therapeutic massage parlors and therapeutic massage businesses.
41
42 Arlene Fernandez, owner and manager at The Center for Stress Reduction in St.
43 Anthony,came forward to express a few opinions regarding the ordinance. She
44 stated that she did not think that proposed ordinance would work because those
City Council Regular Meeting Minutes
January 8, 2002
Page 9
1 individuals who run massage parlors manage to find loopholes and have a lot of
2 legal backing.
3
4 Fernandez continued by saying that it will discourage new businesses, as well as
5 existing businesses from continuing. She added that, at the last meeting, it was
6 stated that money was not the issue. Therefore, she suggested that the licensing
7 fee be $75.
8
9 Fernandez suggested that the hours of business be changed to say that clients not
10 be allowed on the premises when business hours are not in effect. She concluded
11 by identifying some of the obvious ways to determine if an establishment is
12 running a massage parlor, or a massage business.
13
14 Councilmember Horst stated that Fernandez made some good points.
15
16 Mayor Hodson suggested that they strike"persons" under subdivision 575.12. He
17 also stated that they would strike the$5,000 fee from the ordinance, but keep the
18 $250 license fee and the $500 investigation fee at this time.
19
20. The Council made the following adjustments to the ordinance:
21 • Subd.575.12: "persons to be changed to"customers".
22 • Striking of$5,000 capital investment fee.
23
24 It was decided that City staff would determine the actual cost of the licensing and
25 investigation fees next year.
26
27 Motion by Councilmember Faust to approve Ordinance 2002-001,re: Requires
28 business licenses for therapeutic massage parlors (151 reading)and amend Zoning
29 Ordinance Section 3.1635.02.
30
31 Motion carried unanimously.
32
33 5. Flood Improvement Project Funding_update. Todd Hubmer. WSB & Associates, Inc.
34 will be present.
35 A. Resolution 02-012,re: Call hearing on 2002 street/utility improvements.
36 Todd Hubmer stated that he was present to provide the Council with an update on
37 the status of funding for storm water improvement projects within the City of St.
38 Anthony.
39
40 Hubmer stated that the low bidder for the project came in at$1,929,000. He
41 stated that the Engineer's Estimate was $1,980,000.
42
43 Hubmer reviewed the changes that were made to the project and the increase in
44 cost. He stated that the project was currently in litigation over extra costs
45 incurred by the contractor in working around,or with, Qwest and Minnegasco
City Council Regular Meeting Minutes
January 8, 2002
Page 10
1 utilities. He concluded that the exact dollar amount would not be known until
2 later this year, and that it could either increase, or decrease the cost of the project.
3
4 Hubmer stated that he would be meeting with the DNR next week to go over land
5 acquisition costs.
6
7 Councilmember Sparks asked if it was standard procedure to continue the project
8 with a$140,000 deficit. Mornson stated that the good news was that they thought
9 they would have a$900,000 deficit. He added that they may delay the park
10 warming house project in order to complete the street improvements until the
11 bonding issue completed it's cycle, or they came up with other revenue to finish
12 the project.
13
14 Councilmember Sparks stated that she was not in favor of stopping the process of
15 the warming house.
16
17 Mayor Hodson agreed with Councilmember Sparks that they could not postpone
18 the warming house.
19
20 Councilmember Faust stated that he was confident that they would be able to get
21' the additional funding needed.
22
23 Motion by Mayor Hodson to approve Resolution 02-012, re: Calling a hearing on
24 2002 street/utility improvements.
25
26 Motion carried unanimously.
27
28 B. Resolution 02-013, re: Declare cost to be assessed and order preparation of
29 proposed assessment.
30
31 Motion by Councilmember Horst to approve Resolution 02-013,re: Declare cost
32 to be assessed and order preparation of proposed assessment.
33
34 Motion carried unanimously.
35
36 C. Resolution 02-014,re: Call hearing on proposed assessment for 2002 street/utility
37 improvements.
38
39 Motion by Councilmember Horst to approve Resolution 02-014, re: Call hearing
40 on proposed assessment for 2002 street/utility improvements.
41
42 Motion carried unanimously.
43
City Council Regular Meeting Minutes
_ January 8,2002
Page 11
1 Hubmer stated that they would be holding a public information meeting for
2 residents that are involved in the 2002 street project on January 23, 2002 at 7:00
3 p.m. in Council Chambers.
4
5 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
6 Mayor Hodson requested a motion on the 2002 Local Board of Appeal and Equalization dates.
7
8 Motion by Councilmember Faust to hold the 2002 Local Board of Appeal and Equalization
9 Meeting on April 9, 2002.
10 '
11 Motion carried unanimously.
12
13 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
14 Mornson reviewed the Open House for Apache Plaza redevelopment on Thursday, January 24,
15 2002.
16
17 Mornson stated there was a meting with U.S. Bank today to update them on the schedule for
18 Apache Plaza.
19
20 Mornson stated that a meeting has been scheduled with Falcon Heights and Lauderdale to
21 introduce Mayor Hodson and discuss next two-year contract.
22
23 Mornson stated that a joint meeting with the School Board was scheduled for Tuesday,January
24 29, 2002.
25
26. Mornson stated that the Legislative Conference was on Friday, February 1, 2002.
27
28 Mornson stated that the Employee Recognition Lunch was scheduled for Thursday, March 14,
29 2002.
30
31 IX. INFORMATION AND ANNOUNCEMENTS.
32 Mayor Hodson stated that he met with the SRF Consulting firm, who deals with transportation
33 evaluations. He added that one of the things that he would like to include in the annual City
34 Council goal-setting retreat was the transportation component to the development that they will
35 have at Apache.
36
37 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
38 None.
39
40 XI. ADJOURNMENT.
41 Motion by Councilmember Sparks to adjourn the meeting at 9:52 p.m.
42
43 Motion carried unanimously.
44
45
City Council Regular Meeting Minutes
January 8, 2002
Page 12
2
3 Respectfully submitted,
4
5
6 Courtney Seesz
7 Timesaver Off Site Secretarial, Inc.
8
9 \�
10
11 Mayor
12
13
14
15 ATTEST:
16 City Clerk
17
18
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 January 22, 2002
6
7
8 CALL TO ORDER
9 Mayor Hodson called the meeting to order at 7:00 p.m.
10
11 PLEDGE OF ALLEGIANCE.
12 Mayor Hodson invited the Council and audience to join him mi the Pledge of Allegiance.
13
14 ROLL CALL.
15 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust.
16 Absent: None.
17 Also Present: City Manager Mike Mornson; City Attorney Jerry Gilligan.
18
19 CONSIDERATION,DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
20 ITEMS.
21
22 I. APPROVAL OF JANUARY 22, 2002 CITY COUNCIL MEETING AGENDA.
23 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of January 22,
24 2002.
25
26 Motion carried unanimously.
27
28 II. PROCLAMATIONS AND RECOGNITIONS.
29 None.
30
31 III. COMMUNITY FORUM.
32 Mayor Hodson invited residents to come forward at this time and address the Council on items
33 not on the regular meeting agenda.
34
35 Resident Jennifer Tanner, 2614 37`h Avenue NE, came forward to address the Council regarding
36 the conditional use permit that Essenco was granted. Tanner stated that she and her husband
37 went to see where Essenco was formerly located in St. Paul. She indicated that they spoke to a
38 couple of different people who work in the same facility in St. Paul,both of whom stated that
39 they could smell the odor. Tanner indicated that the smell was also detected outside of the
40 building.
41
42 Tanner stated that they plan to contact United Properties and investigate what type of tenant
43 Essenco was and suggested that the City do the same.
44
45 Councilmember Sparks asked how Tanner felt about the decision that the Council arrived at
46 during the last Council meeting. Tanner stated it was very important for them to get the issue
47 resolved properly, and stated that already they have called the City to file complaints and will
48 continue to do so, as necessary.
49
1 Doug Tanner, 280137"Avenue, suggested that the Council make copies of previous meetings
2 (Planning Commission meetings of 11-20-01, and 12-18-01 and City Council meetings of 11-27-
3 01, and 1-8-02, and 1-22-02) and keep them in a safe place for future reference. He also
4 requested that the Council temporarily rescind their decision to allow Essenco to operate until
5 September 1, 2002.
6
7 Tanner indicated that at a previous meeting, Solie.stated that he would do whatever it takes in
8 order to eliminate the odor.
9
10 Tanner continued to cite information from several past meetings that suggested that the
11 manufacturing process does not emit any odor that would be offensive to a person. The
12 information that Tanner reviewed also expressed the sincere desire on behalf of Levitus and
13 Solie to fix any problems associated with the candle manufacturing.
14
15 Tanner concluded citing examples of statements made by Solie and Levitus that indicate they
16 have spoken falsely in previous meetings.
17
18 Tanner stated that he feels that laws have been broken; facts have been tested, and failed. He
19 continued that the City Council has bent over backwards to accommodate Essenco,which he
20 does not feel that Essenco deserved. Tanner recommended that all City Councilmembers review
21 the four videos that he referred to earlier in chronological order.
22
23 Mayor Hodson stated that they certainly would review the mentioned video tapes.
24
25 IV.CONSENT AGENDA.
26
27 1. Consider January 8. 2002 Council meeting minutes.
28 2. Consider licenses and permits.
29 3 Consider payment of claims.
30 4. Resolution 02-018, re: Consider Fire Department mutual aid.
31 5. .Resolution 02-019, re: Consider Assessment Agreement with Hennepin County-
32 6. Resolution 02-020, re: Order feasibility report for flood abatement improvements for
33 Silver Lane.
34
35 Motion by Councilmember Thuesen to approve the Consent Agenda.
36
37 Motion carried unanimously.
38
39 PUBLIC HEARINGS.
40 None.
41
42 VI. REPORTS FROM COMMISSIONS AND STAFF.
43 None.
44
45 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
46 1. Resolution 02-021,re: Consider Lease Agreement for charitable gambling at the Stonehouse.
47 Mornson advised the Council that the rent could increase to as high as $1,000 per month,while it
48 is currently$900. Mornson also stated that the expiration date of the Premises Permit Renewal
49 is March 31, 2002.
50
City Council Regular Meeting Minutes
January 22, 2002
Page 3
1 Councilmember Sparks asked how they would fulfill the terms of the contract if the
2 Stonehouse closed. Mornson cited a clause in the lease agreement which protected the city
3 from any lease obligation if they Stonehouse were to close. The lease can be terminated
4 earlier by mutual consent of both parties.
5 Councilmember Horst suggested that they increase the rent to $1,000, as they could use the
6 money. Faust suggested that they do not know the status of the Stonehouse at this time,thus,
7 suggested that they keep the rent at$900.
8 Councilmember Faust indicated that he was comfortable with the$900 per month rent.
9 Mayor Hodson.stated that he did not find the dollar amount significant, either.
10
11 Motion by Councilmember Faust to approve Resolution 02-021, re: Consider Lease
12 Agreement for charitable gambling at the Stonehouse.
13 Motion carried unanimously.
14
15 2. Resolution 02-022, re: Consider Application for Premises Permit Renewal for charitable
16 gambling at the Stonehouse.
17 Motion by Councilmember Faust to approve Resolution 02-022, re: Consider Application for
18 Premises Renewal for charitable gambling at the Stonehouse.
19 Motion carried unanimously.
20 3. Ordinance 2002-001, re: Requiring licenses for physical culture and health service®a(dMg).
21 Mayor Hodson suggested tabling this item until the City Council annual goal-setting
22 meeting, at which time they will have the opportunity to look at the issue of licenses for
23 physical culture and health services in depth.
24 4. Presentation of residential survey.
25 Mornson stated that Bill Morris was present from Decision Resources, LTD,to review the
26 results of the Executive Summary of the Village of St. Anthony. Mornson indicated that the
27 last survey was conducted in 1998.
28 Morris indicated that they spoke with four hundred randomly selected households by
29 telephone during November 26, 2001 through December 12, 2001.
30 Morris stated that the quality of life rating was very high in this community, with a 38%
31 "excellent"rating, and a 58% "good"rating.
32 Morris indicated that there were two dominant themes that came forward with what residents
33 like most about their community: viewed as being a small town, and location.
34 Morris stated that the most serious issue in the Village of St. Anthony was the Apache Mall
35 site.
City Council Regular Meeting Minutes
January 22, 2002
Page 4
1 Councilmember Sparks asked if the percentage of unsure responses(20%) to the most
2 serious issues in the community was high.
3 Reviewing sense of community,Morris revealed that 63%of residents.rated the community
4 as good, 26% as excellent, and 1% felt the sense of community is poor.
5 Morris stated that at 80%of residents felt at least reasonably safe when walking alone in
6 their neighborhood after dark. He indicated that number in 20%above the norm.
7 Morris stated that a look at past changes in neighborhoods during the past couple of years
8 with respect to crime-rate,revealed that residents felt it was about the same as the past few
9 years.
10 Morris indicated that residents gave City Services quite high ratings,which he stated was
11 exceptionally solid in comparison to other communities.
12 Morris indicated that,by a ratio of 3-1,residents indicated that they would be in favor of a
13 tax increase in order to maintain city services at current levels. Councilmember Horst asked
14 if,when residents responded to tax questions,had they seen the 2002 property tax estimates.
15 Morris restated the time during which they conducted the survey.
16 Morris indicated that a reduction in City Services in order to get a property tax cut had a 70%
17 opposition. He stated that the general perception of property taxes was that 41% felt they
18 were about average,while 33% felt they were somewhat high.
19 Morris indicated that the value of Village services was high quite high in comparison to the
20 norm.
21 Morris indicated that 40%of residents indicated that they felt they knew a great deal about
22 the work of the Mayor and City Council, or at least a fair amount. Morris indicated that
23 there was an unusually high(47%)rating of job performance by the Mayor and City Council.
24 Councilmember Sparks asked if the high rating of uncertainty in job performance rating
25 suggested that there was a lack of communication on behalf of the City Council, or general
26 disinterest. Morris stated that residents felt that communications within the City are
27 generally adequate.
28 Morris indicated that the Community Center has good usership based on the programs that
29 are offered.
30 Moms indicated that youth programs were somewhat above the norm with a 42% sufficient
31 rating.
32 Morris stated that a tax increase for the purpose of capital improvements received some
33 support. He stated that residents would need to be convinced about the need of a
34 replacement Fire Station, and replacement of the Public Works building.
City Council Regular Meeting Minutes
January 22, 2002
Page 5
: 1 Morris reviewed the principal information source for the City of St. Anthony which revealed
2 that the St. Anthony Bulletin was the primary source with a rating of 36%, and the grapevine
3 was next with a 17%rating. The least used information source was the Star Tribune(3%),
4 and Village Notes (5%).
5 In general,Morris indicated that the survey on the whole is a very good report,with the
6 quality of life in the City of St. Anthony graded very high by residents. He stated that taxes
7 and City Services were given a very high rating'compared to other cities in the metro area,
8 and concluded that, if there are concerns, there are two: flooding, and the Apache Mall.
9 Morris stated that support, at best, is marginal for the Fire Station and the Public Works
10 building. He added that any referendum would require a very strong campaign.
11 Morris added that the ratings of liquor stores were exemplary.
12 Morris indicated that the City is doing well maintaining a small-town ambiance,which keeps
13 the area desirable to non-residents, as well current ones.
14 Councilmember Thuesen asked if he got a sense that a couple of issues got blurred together
15 regarding the flooding. Morris stated that flooding, and not sanitary sewer, was the concern.
16 Councilmember Faust asked for a brief summary comparing demographics with other
17 communities. Morris stated that they validated the community demographics in the survey
18 with the US Census Bureau statistics that had been released from the 2000 survey.
19 Morris indicated that the City of St. Anthony has more senior households than other
20 communities. Moms indicated that households with school-age children was a bit higher
21 than the norm.
22 Councilmember Faust asked about the average level of income in comparison to other
23 communities. Morris indicated that the income level for the City of St. Anthony of$49,000
24 was right at the norm.
25 Councilmember Sparks asked about the high level of satisfaction, and if it were directly
26 related to demographics. Morris stated that,with respect to City services-and taxes, seniors
27 are not more satisfied residents.
28 Councilmember Sparks thanked Morris for his time and extensive information.
29 Mayor Hodson stated that he was very pleased with their results.
30 Mayor Hodson asked Police Chief Engstrom to come forward and address the Council on
31 the Police Department's Massage Ordinance Rationale.
32 Engstrom indicated that the rationale on behalf of the Police Department to get an ordinance
33 in place was for the purpose of having the ability to take a license away, or provide a court
34 order to massage parlors which are conducting prostitution.
City Council Regular Meeting Minutes
January 22, 2002
Page 6
1 Engstrom reviewed a partial list of reasons to support a massage ordinance:
2 • Businesses associated with this type of activity are unusually prone to abuse, and
3 demand more than average service from the Police Department.
4 • Once begun,an ill-reputable business is hard to dislodge from the community.
5 •' Ordinance gives both criminal and civil strength to City for combating illegal
6 operations.
7 • Capital requirements insures only reputable businesses
8 • Educational requirements insure business will engage in legal massage.
9 Engstrom stated that he felt that the new ordinance looked much improved,but asked that the
10 Council reconsider a capital investment, as it insures only reputable businesses.
11
12 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
13 Mornson stated that they may need to use Village Notes for some more positive communication
14 than what they currently are.
15 Mornson stated that he and Mayor Hodson confirmed the agenda for the joint City
16 Council/School Board meeting with the School Board which is scheduled for January 29, 2002.
17 Mornson indicated that he has required that all department heads give an annual report to the
18 City Council.. Councilmember Sparks stated that she would be in favor of receiving one report.
19 per meeting.
20 Mornson indicated that the legislative conference was on February 28, 2002.
21 Mornson indicated that he, Mayor Hodson, and Todd Hubmer(WSB),would need to continually
22 monitor the funding that they have received for the flood mitigation project. He added that the
23 bonding bill will likely be increased, and that they will meet with legislators, in order to get
24 future funding.
25 Councilmember Faust indicated that he attended the Metropolitan Radio Board Meeting where
26 they discussed the 800 mega-hertz system. He stated that the system is a common frequency
27 about all the details of all public service being able to operate throughout systems. He stated that
28 they are getting to the point where they can use a hand-held device to communicate from one
29 Fire Department to another across the State.
30 Councilmember Thuesen stated that he felt it was good timing for the joint meeting with the
31 School Board.
32 Councilmember Sparks indicated that she met with the Mississippi Watershed Management
33 Organization recently. She stated that the Council will be reviewing the new joint and
34 cooperative agreement in the next couple of months.
35 Councilmember Horst indicated that the Community Services Board meeting was on January 10,
36 2002. He stated that the main topic at that meeting was about necessary position cutbacks. He
37 stated that any and all feedback was welcome that may help them determine how to go about
38 cutting positions.
City Council Regular Meeting Minutes
January 22,2002
Page 7
1 Councilmember Thuesen talked about the possibility of ECFE being eliminated during the next
2 legislative session. Councilmember Sparks referred to what a major issue losing ECFE
3 programs would be.
4 Mayor Hodson referred to the meeting the Community Services Board. He stated that.they need
5 to determine some method of communication to inform the community of some of the issues.
6 He suggested that they discuss the topic at their annual goal-setting meeting.
7 Mayor Hodson stated that he has received a lot of positive response from the community of his
8 Coffee with the Mayor. He also stated that it has been suggested that they have a Coffee with
9 the Council.
10 IX. INFORMATION AND ANNOUNCEMENTS.
11 None.
12 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
13 None.
14 XI. ADJOURNMENT.
15 Motion by Councilmember Sparks to adjourn the meeting at 9:02 p.m.
16 Motion carried unanimously.
17 Respectfully submitted,
18 Courtney Seesz
19 TimeSaver Off Site Secretarial, Inc.
20
21 May 6r
22 ATTEST:
23 City Aerk