HomeMy WebLinkAboutPL PACKET 03192002 Meeting Sheet
IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
iozssa
Box.--27
Folder: PL PACKETS 2000-2004
Document: PL PACKET 03192002
CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING AGENDA
MARCH 19, 2002
7 p.m., Council Chambers
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. 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.
5. APPROVAL OF AGENDA
6. MEETING MINUTES
6.1 Review and Approve Planning Commission Minutes of February 19, 2002
7. COMMUNICATION FROM CITY COUNCIL
7.1 Designate a Planning Commission Member to the April 9, 2002, City Council Meeting
8. PUBLIC HEARINGS
8.1 Village North, LLP, 2801 37th Avenue Northeast, Amend the Conditional Use Permit for
Essenco, a candle manufacturer.
9. INFORMATION AND DISCUSSION
9.1 Northwest Quadrant Redevelopment Update
10. ANNOUNCEMENTS
11. ADJOURNMENT
ATTENTION PLANNING COMMISSION MEMBERS:
IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE CONTACT SUE HENRY AT
612-706-1324.
Planning Commission Meeting Minutes
February 19, 2002
Page 1
. 1 CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 FEBRUARY 19,2002
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,Hoska,
17 Steeves,Tillman, and Thomas.
18
19 Absent: None.
20
21 Also present: Assistant City Manager Susan Henry.
22
23 IV. ELECTION OF CHAIR AND VICE CHAIR
24 Chair Melsha indicated that the Planning Commission needed to elect a Chair and Vice Chair.
25
26 Chair Melsha indicated that he was interested in serving another year as Chair.
27
28 Motion by Tillman, second by Thomas, to elect Melsha as Chair of the Planning Commission for
29 the year 2002.
30
31 Motion carried unanimously.
32
33 Vise Chair Stille stated that he would gladly serve another year as Vice Chair. Chair Melsha
34 nominated current Vice Chair Stille to serve another year as Vice Chair to the Planning
35 Commission.
36
37 Motion by Melsha, second by Tillman,to elect Stille as Vice Chair of the Planning Commission
38 for the year 2002.
39
40 Motion carried unanimously.
41
42 V. PUBLIC INPUT.
43 Hearing no comments, Chair Melsha moved forward with the agenda.
44
Planning Commission Meeting Minutes
February 19,2002
Page 2
1 VI. APPROVAL OF,AGENDA.
2 Motion by Chair Melsha, second by Commissioner Steeves, to approve the meeting agenda.
3
4 Motion carried unanimously.
5
6 VII. MEETING MINUTES.
7 7.1 Review/Approval of the Planning Commission meeting minutes of December 18, 2001:
8 Vice Chair Stille made the following correction: Page 3, line 19: "produce"to be
9 changed to"eliminate."
10
11 Motion by Commissioner Thomas, second by Vice Chair Stille, to approve the Planning
12 Commission meeting minutes of December 18, 2001, as amended above.
13
14 Motion carried unanimously.
15
16 VIII. COMMUNICATION WITH CITY COUNCIL.
17 8.1 Designate a Planning Commission member to the City Council regular meeting of
18 February 26, 2002s
19 Chair Melsha indicated that Commissioner Thomas was available to attend the next City
20 Council meeting on February 26, 2002.
21
22 IX. PUBLIC HEARINGS.
23 9.1 Request for Side Yard Variance-Ray Whitehill, 3601 Roosevelt Street.
24 Chair Melsha opened the public hearing at 7:07 p.m.
25
26 Susan Henry stated the applicant,Ray Whitehill, 3601 Roosevelt Street, is requesting a
27 side yard variance for construction of a new single family home. She indicated that
28 Whitehill is working with Michael O'Connell of Timbercraft Homes on the construction.
29
30 Henry explained that Whitehill is asking for an 18 foot side yard variance to construct a
31 new single-family home on his property located at 36'and Roosevelt. Henry stated that,
32 in order to meet the side yard setback established by city ordinance,the proposed home
33 would need to be a 20 foot pad in width;city ordinance says the side yard setback is 30
34 foot from the property line. Henry stated that the proposed home would extend into the
35 setback area by 18 feet.,
36
37 Henry noted that the existing home on the property encroaches into the side yard setback
38 by 11 feet. She added that the applicant says it is not economically feasible to remodel
39 the existing structure. She also indicated that the existing home has been deemed
40 substandard, and that any improvements to the existing home would require a similar
41 variance.
42
Planning Commission Meeting Minutes
February 19,2002
Page 3
1 Henry continued that, for hardship,the applicant states the property cannot be put to
2 reasonable use under the city ordinance because the new building area would need to be
3 15 feet in width. Henry indicated that the applicant states that the lot size is 45 feet in
4 width and a corner lot, a diminished building pad is created by the ordinance. Finally,
5 Henry stated,the applicant states the.subject property was a lot of record prior to
6 adoption of city ordinance and it is now considered substandard.
7
8 Henry concluded by indicating that staff recommends approval of the variance request,
9 given the unique facts and restrictions of the subject property. She added that this project
10 would provide a redeveloped lot with private investment.
11
12 O'Connell came forward to address the Commission regarding the side yard variance
13 request. He expounded upon the information provided by Henry. He added that they
14 explored the area of remodeling,and that Mr. Whitehill would discuss some of those
15 issues with the Commission.
16
17 Whitehill stated that the home was built back in the 1940's, and did not feel that the
18 home could be remodeled due to the actual structure of the house which is slowly
19 diminishing. He indicated that re-building would be a much safer option.
20
21 Commissioner Thomas asked if the proposed home would meet the lot coverage ratio.
22 O'Connell stated that it would meet the lot coverage ratio.
23
24 Commissioner Thomas asked how the neighbors felt about the proposed project.
25 Whitehill indicated that one of the neighbors was out of town for the winter, and another
26 rents her home.
27
28 Commissioner Thomas asked if the new home would fit in to the current architecture on
29 the street. O'Connell cited a few architectural features that would make the new home fit
30 in with the current housing stock on the street.
31
32 Commissioner Thomas asked about the height of the proposed home. O'Connell stated
33 that it would be 22.6 inches above grade. He stated that he did not feel that it would
34 impede very much light on the surrounding homes.
35
36 Commissioner Tillman asked how much closer this home would be to 36`h than the home
37 to their north. O'Connell stated that the house next door was located 30 feet from 36'h
38 Avenue, and the proposed new home would be in about 27 feet from the curb line,which
39 is about a 15 foot difference due to the property lines.
40
41 Vice Chair Stille asked about the history of the lot, and how he acquired it. Whitehill
42 stated that his father bought the lot after World War II, and his grand-father built the
43 home that is on the lot. He stated that it has been in the family since the mid 1940's. He
44 added that part of the reason for the proposed one-level design was that his father would
45 eventually move-in with him.
46
Planning Commission Meeting Minutes
February 19, 2002
Page 4
1 Commissioner Hanson asked about the anticipated start date and move-in date.
2 O'Connell stated May 1,2002,with completion around the beginning of September, and
3 moving in mid-September.
4
5 Chair Melsha closed the public hearing at 7:24 p.m.
6
7 Chair Melsha stated that he felt that the request was very straight forward, and sound.
8
9 Motion by Commissioner Hoska, second by Commissioner Steeves,to recommend
10 approval of the request for the side yard variance based on the following findings:
11
12 Dimensions of the property are unique for the area,making it very
13 difficult for the construction of any home in compliance with the code.
14 Problem not created by the applicant; current structure precedes the
15 option of the code.
16 Strict compliance of the code would prohibit any reasonable use for the
17 property, even in it's current structure it does not comply with current
18 setback provisions.
19 Granting variance would not alter the essential character of the
20 neighborhood,rather the character would be improved.
21 Granting the variance would not violate the spirit; or intent of the code.
22
23 Motion carried unanimously.
24
25 X. INFORMATION AND DISCUSSION.
26 10.1 Northwest Quadrant Redevelopment Update.
27 Susan Henry indicated that the City Council selected the developer for the Northwest
28 Quadrant redevelopment project. Pratt Ordway Dominium
29
30 She stated that it was important to remember that the City has selected a developer and
31 not a development for the project. Henry added that there were still a lot of decisions to
32 be made regarding the redevelopment.
33
34 Councilmember Sparks stated that, after Saturday,the decision was pretty easy. She
35 added that seeing the older properties was what they found to be most encouraging. She -
36 stated that the apartments they saw by Dominium were under constant updating and
37 renovation, which was very reassuring.
38
39 Commissioner Thomas asked for clarification on which city they saw the Dominium
40 apartments. Councilmember Sparks stated that she needed to check her notes to be
41 certain.
42
43 10.2 Housing Point of Sale Ordinance.
44 Henry stated that Vice Chair Stille attended the City Council goal-setting session where
45 the point-of-sale ordinance was discussed.
46
Planning Commission Meeting Minutes
February 19, 2002
Page 5
1 Vice Chair Stille stated that the Planning Commission needed to sell the reasons as to
2 why it was important to the Planning Commission to instill a housing ordinance. He
3 stated that, if the Commission feels strongly about the ordinance,than they should take a
4 step back and research other communities and the point-of-sale ordinances that are in
5 place in order to determine what really works.
6
7 Commissioner Hanson stated that he saw a story on the news recently that the City of
8 Minneapolis was looking at potentially eliminating their point-of-sale housing code,
9 which costs them nearly$300,000 a year,due to difficult budget cuts.
10
11 Chair Melsha stated that the Commission should first evaluate the need and effectiveness
12 of the point-of-sale housing code in other cities before they proceed with the terms if the
13 ordinance.
14
15 Commissioner Thomas stated that one of the reasons that they were looking at this
16 ordinance was to upgrade the housing stock in the City. He added that there is no
17 purpose in going forward with the point-of-sale ordinance if they do not have the support
18 of the City Council.
19
20 Chair Melsha stated that he did not feel that they do not have the support of the City
21 Council, but that the Commission needs to articulate the reasons that the point-of-sale
22 housing code.is necessary.
23
24 Councilmember Sparks stated that there is some resistance on behalf of the Council. She
25 indicated that the Planning Commission does need to convince the Council of the need
26 for the ordinance before they proceed.
27
28 Commissioner Thomas stated that he would point out the pros and cons to the point-of-
29 sale ordinance at the next City Council meeting on February 26, 2002.
30
31 )U. ANNOUNCEMENTS.
32 11.1 Upcoming Land Use Planning Workshops.
33 Henry stated that all Commissioners, except for Commissioner Hoska,have attended one
34 of the Land Use Planning Workshops. Chair Melsha recommended that Commissioner
35 Hoska attend at least one of them. Henry indicated that she would be happy to register
36 Commissioners for any of the Workshops.
37
38 Henry also informed the Commission that Essenco would be present at the next Planning
39 Commission to request an amendment to their conditional use permit. She explained that
40 the company wants to make improvements,but in order to invest the amount of money
41 necessary to make the improvements,they want an extension on the permit.
42
43 Commissioner Thomas stated that the sense he got from the Council was that there were
44 absolutely no extensions past September 2, 2002. Councilmember Sparks indicated that
45 she may have misinterpreted what was decided,but stated that she thought that once
46 Essenco comes before the Council again,they were looking for more permanent status in
47 the City.
Planning Commission Meeting Minutes
February 19, 2002
Page 6
1 Chair Melsha stated that what Essenco has done up to this point was attain a temporary
2 conditional use permit. He added that they still need to go back before the Council for an
3 indefinite, or a permanent permit.
4
5 Councilmember Sparks indicated that she was uncertain.as to what the Council was
6 going to do regarding the re-application. She encouraged the Commissioners to be
7 personally aware of the odor associated with the company. Councilmember Sparks
8 added that a major concern of hers with regard to the odor was the 700 new housing units
9 that were soon to be in the backyard of the plant, as part of the Northwest Quadrant
10 redevelopment project.
11
12 Councilmember Sparks added that the new ventilation system would reduce the smell by
13 75%. She added that they were initially told there would be no odor at all.
14
15 Commissioner Hanson welcomed Commissioner Hoska. The rest of the Commissioners
16 echoed Commissioner Hanson's welcoming to Commissioner Hoska.
17
18 Commissioner Steeves reminded that the issue on odor and Essenco was whether or not it
19 was injurious. He indicated that he would be interested in hearing testimony from an
20 appraiser,or a real-estate agent that would have professional knowledge on the issue.
21
22 Commissioner Steeves stated that he was pleased that they recommended approval of the
23 side yard variance request this evening.
24
25 Chair Melsha stated that he felt that Concept Reviews should be reinstated so that the
26 Commission is better prepared and informed on public hearing requests.
27
28 Chair Melsha stated that he was very encouraged by the attendance at the Northwest
29 Quadrant open house.
30
31 Commissioner Hoska thanked everyone for the warm welcome and stated that he was
32 looking forward to working with them this year.
33
34 Henry mentioned that there is a meeting on Thursday,February 21, 2002 regarding the
35 sound problems on the cablecast. Henry indicated that there was a meeting scheduled for
36 this Thursday,February 21, 2002 to work on the problems.
37
38 XII. ADJOURNMENT.
39 Motion by Commissioner Steeves, second by Chair Melsha, to adjourn the meeting at 7:48 p.m.
40
41 Motion carried unanimously.
42
43 Respectfully submitted,
44
45
46 Courtney Seesz
47 Timesaver Off Site Secretarial, Inc.
.. MEMORANDUM
DATE: 03/11/02 MEETING DATE: 03/19/02
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager
SUBJECT: Village North, LLP, 2801 37th Avenue Northeast, Amend the
Conditional Use Permit for Essenco,a candle manufacturer.
Requested Action:
The applicant, Ken Solie of Village North, LLP, property owner of the light industrial
building at 2801 37th Avenue Northeast, is requesting an amendment to their current
Conditional Use Permit (CUP). The applicant is asking for the City to remove the
September 1, 2002, expiration date, and in its place, place no expiration date.
Background:
On January 8, 2002, the City Council approved a conditional use permit submitted by
Village Properties, for the packaging of wax and other components into candles. A
company called Essenco now occupies the building at 2801 37th Avenue Northeast.
Essenco manufactures candles. Their conditional use permit expires September 1, 2002
(see attached permit with conditions).
Over the past several months, neighboring residents have been calling city offices
complaining of the nuisance of strong candle-related smells (see attached city complaint
log).
The petitioner and its tenant, Essenco, are aware of the complaints. They are willing to
install a new ventilating system, which should reduce the smells to the neighborhood,
according to their proposal. Steve Levitis of Essenco has stated the proposed exhaust
system is designed to reduce the odors 75 to 100 percent from what neighbors have
been experiencing currently, depending on their distance from the discharge point and
the weather and the wind conditions at the time.
The cost for the new system is estimated up to $80,000(see attached Essenco packet).
Village Properties and Essenco is requesting permanent removal of an expiration date
on their CUP in exchange for their investment in the expensive ventilating equipment.
Essenco has stated it is important for them to know how they stand now, rather than
later, as their busy season is nearby when the CUP expires on September 1, 2002.
Attachments:
• Application for Amendment to CUP (Ken Solie's e-mail)
• Essenco Fragrance Mitigation Packet -
• 1/8/02 City Council Minutes
• 12/18/01 Planning Commission Minutes
• Current Conditional Use Permit
• City Candle Complaint Log
Susan Henry
From: Ken Solie [kes789 @att.net]
Sent: Thursday, February 14, 2002 3:57 PM
To: Sue Henry
Cc: Mike Moernson; Steve Levitus; Jerry Cowan
Subject: Ammendment to CUP
Date: 2/14/02
To: Sue Henry
From: Ken Solie and Steve Levitus
Subject: Application for Amendment to Conditional Use Permit
With reference to the Conditional Use Permit ( CUP) which permits candle
manufacturing at 2801 37th Ave. NE, until August 31, 2002, the applicants
are requesting an amendment to the CUP which removes the existing deadline.
Essenco has retained McGinley and Associates to. prepare a comprehensive plan
to minimize the fragrances emitting from the building into the neighborhood.
It is the expert opinion of the consultant that installation of the proposed
equipment will reduce the level of emission by 75%. The consultant will
have a detailed recommendation available prior to the next planning
commission meeting. The cost of the proposed installation is anticipated to
be between $40, 000 and $50, 000.
The applicants are unwilling to make this investment if there is a
continuing possibility that the complaints of 3 or 4 residents who are
engaged in a campaign to reject the business will result in the termination
of the CUP.
Accordingly, the applicants request that the Planning Commission review a
request to ammend the present CUP at their March 19 meeting, and the Council
act on a request to eliminate the deadline in the current CUP at their April
9 meeting.
The purpose of this application is to provide the business sufficient time
to relocate in an organized manner if the City will not approve its
operation in this Light Industrial District.
1
MEMORANDUM
DATE: 03/11/02 MEETING DATE: 03/19/02
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager X 4
SUBJECT: Village North, LLP, 2801 37th Avenue Northeast, Amend the
Conditional Use Permit for Essenco, a candle manufacturer.
Requested Action:
The applicant, Ken Solie of Village North, LLP, property owner of the light industrial
building at 2801 37th Avenue Northeast, is requesting an amendment to their current
.Conditional Use Permit (CUP). The applicant is asking for the City to remove the
September 1, 2002, expiration date, and in its place, place no expiration date.
Background:
On January 8, 2002, the City Council approved a conditional use permit submitted by
Village Properties, for the packaging of wax and other components into candles. A
company called Essenco now occupies the building at 2801 37th Avenue Northeast.
Essenco manufactures candles. Their conditional use permit expires September 1, 2002
(see attached permit with conditions).
Over the past several months, neighboring residents have been calling city offices
complaining of the nuisance of strong candle-related smells (see attached city complaint
log).
The petitioner and its tenant, Essenco, are aware of the complaints. They are willing to
install a new ventilating system, which should reduce the smells to the neighborhood,
according to their proposal. Steve Levitis of Essenco has stated the proposed exhaust
system is designed to reduce the odors 75 to 100 percent from what neighbors have
been experiencing currently, depending on their distance from the discharge point and
the weather and the wind conditions at the time.
The cost for the new system is estimated up to $80,000 (see attached Essenco packet).
Village Properties and Essenco is requesting permanent removal of an expiration date
on their CUP in exchange for their investment in the expensive ventilating equipment.
Essenco has stated it is important for them to know how they stand now, rather than
later, as their busy season is nearby when the CUP expires on September 1, 2002.
Attachments:
• Application for Amendment to CUP (Ken Solie's e-mail)
• Essenco Fragrance Mitigation Packet
• 1/8/02 City Council Minutes
• 12/18/01 Planning Commission Minutes
• Current Conditional Use Permit
• City Candle Complaint Log
Susan Henry
From: Ken Solie [kes789 @att.net]
Sent: Thursday, February 14, 2002 3:57 PM
To: Sue Henry
Cc: Mike Moernson; Steve Levitus; Jerry Cowan
Subject: Ammendment to CUP
Date: 2/14/02
To: Sue Henry
From: Ken Solie and Steve Levitus
Subject: Application for Amendment to Conditional Use Permit
With reference to the Conditional Use Permit ( CUP) which permits candle
manufacturing at 2801 37th Ave. NE, until August 31, 2002, the applicants
are requesting an amendment to the CUP which removes the existing deadline.
Essenco has retained McGinley and Associates to prepare a comprehensive plan
to minimize the fragrances emitting from the building into the neighborhood.
It is the expert opinion of the consultant that installation of the proposed
equipment will reduce the level of emission by 750. The consultant will
have a detailed recommendation available prior to the next planning
commission meeting. The cost of the proposed installation is anticipated to
be between $40, 000 and $50, 000.
The applicants are unwilling to make this investment if there is a
continuing possibility that the complaints of 3 or 4 residents who are
engaged in a campaign to reject the business will result in the termination
of the CUP.
Accordingly, the applicants request that the Planning Commission review a
request to ammend the present CUP at their March 19 meeting, and the Council
act on a request to eliminate the deadline in the current CUP at their April
9 meeting.
The purpose of this application is to provide the business sufficient time
to relocate in an organized manner if the City will not approve its
operation in this Light Industrial District.
1
homessence
March 8,2002
City of St. Anthony Village
Planning Commission
Re: CUP for 2701 37d Avenue NE,St.Anthony Village,MN 55421
Enclosed is the report and proposal for mitigating fragrance migration from our candle distributing and
manufacturing plant as required under our temporary CUP. This system is designed to reduce fragrances by
75%to 100%from what neighbors have been experiencing currently,depending on their distance from the
discharge point and the weather and wind conditions at the time.
The material enclosed was prepared by three different firms,each experienced experts in dealing with
fragrance and odor reduction. We directed them to put together a system that will eliminate or reduce
fragrance levels in the neighborhoods surrounding our plant.
The proposed system involves collection,filtration an d dilution processes. Hoods and ducts will be
installed over the areas from which fragrance origination is highest to collect the air with.the highest
fragrance levels. A fan will then pull the collected air into a double action filtration system. After passing
through the filter the air will be diluted over 300%with unfragranced outside air and discharged thirty to
forty feet above the roof levels of surrounding houses. The installed total cost of this system is estimated at
close to$50,000.00 with an additional$7,500 to$30,000 of annual expenses.for ongoing maintenance and
filter replacement.
Essenco and our landlord,Village Properties,are prepared to make this expensive commitment to the St.
Anthony Village community if we can be assured that the existing CUP is amended by permanent removal
of its expiration date. We and our consultant and contractors are confident that this system will provide the
city and its citizens with suitable fragrance reduction.
Sincerely
Stephen I. Levitus, CEO
2701 3i° aNenue ne minneapolis mn 55421 usa
tel 612/782 — 1,782 office fax — 612/789-1810
email: sic vilusci'home-essencc.com,personal efa.X: 801-383-8510
UNITED OPERATIONS. INC
February 25;2002
Ken Solie
Village Properties
2500 39t'Avenue NE' Suite 230 j
Minneapolis, MN 55421, :
RE: Home Essence exhaust.system'
Dear Ken,
The.following is an estimate to-install the exhaust fan system tliat wasrecommended'by Charles,,.:,
McGinley of McGinley Associates,P.A. This price is onl' estimate as a structural engineerwill
need to be hired to write specifications for saw-cutting and supporting concrete panel roof sections!
• Saw-cut roof deck and install roof,curbing. .
• Install Strobic fari:and filter rack;as.specified by.McGinley Associates.
• Modify existing make-up air equipment to_work`with new exhaust,fan. _
• Install exhaust ductwoik and control wiring.
Cost: $50,764.00
Clarifications:
• All work priced to be performed during normal work hours..
'Sincerely S
V
United Operations,Inc
Dan Shedlov -
Vice President of Operations
5005 Cheshire Lane N. Suite,l • Plymouth, MN 55446 • Phone (763) 551'-0.10.1
Levitus 2002-03-08 05 : 51 : 02 (GMT) , page 1
03/07/2002 15:50 6514391065 ST. CROIX SENSORY PAGE 01
MCGINLEY ASSQCIATM P.A.
March 7,2002
Mr. Stephen I. Levitus
HOmessence
2701-37'h Ave. N.E.
Minneapolis, Minnesota 55481
FAX 801-383-8510
RE. Fragrance Ntigation Plan
Dear Mr. Levitus:
I recommend the United Operations exhaust ducting system, the Farr brand carbon
filtration system,and the Stobic Air brand roof mounted fan for the"Fragrance
Mitigation Plan". The overall system is illustrated below.
Roof Line Strobic Air Faxa
Farr Carbon Filter
Pouring
F Tanks
The additional items attached are:
1. United Operations quotation and preliminary line drawing illustrating the location
of the ducting,filter unit and roof moulted fan
2. Filtration Systems quotation (3/6/002)for the Farr Riga-Sorb Glide/Pach,filtration
unit and the associated Farr product brochure.
3. Thermo-Dyne quotations(1/9/02)for the Stobic Air fan and silencer(#TS2L075C9)
and the associated Strobic Air product literature. The Strobie Air"Tri-Stack Fan
Sound Calculations"for the#TS2L075C9 fan with sound silencer are also attached.
13701-JOTO strw Glyde N. Stillwater.MN 58087 651434-1708 F7i 651-4394525 small emconley 0 OvesenseLeom
Levitus 2002-03-08 05 : 51 : 02 (GMT) , page 2
03/07/2002 15:50 6514391065 ST. CROIX SENSORY PAGE 02
PAGE 2 OF 2 $omessence Fragrance Mitigation Plan
The proposed exhaust system will achieve a noticeable reduction in the strength of the
fragrance that is now observed in the surrounding neighborhood and will reduce the
frequency that the fragrance is observed, The.reduction in strength and frequency of
fragrance will come from the carbon filtration of the fragrance within the building and
will come from the up-blast exhausting of the filtered air above the roof of the building.
Overall,the neighbors will experience fragrance at less than one-third of the present
levels. Further mitigation of the fragrancc is not realistic given the simple fact that wind
conditions are sometimes Cahn and calm wind conditions are known to inhibit dispersion
of any exhaust in the air.
The proposed exhaust system,will have the flexibility to add additional ducting inside the
building to adapt to changes in the production layout. The system will also have the
flexibility to add additional filtration in the future.
The Filtration System's quotation itemizes the cost of the replacement filter cartridges,
both the"prefilters"and the"carbon filters". These filters,typically replaced as complete
sets,will have a service life of 30 to 90 days.
The performance of the proposed exhaust system is possible by collecting and testing the
fragrance strength going in to the filtration unit and exiting the filtration unit. Monitoring
the fragrance in the surrounding neighborhood is also possible in order to document the
"before and afters'conditions.
Please call with any questions.
Respectfully submitted,
Charles M. McGinley,F.E.
.Attachments
Levitus 2002-03-08 05 : 51 : 02 (GMT) , page 3
03/07/2002 15:50 6514391065 ST. CROIX SENSORY PAGE 03
M�r 7. 2002: 10;50RM CANDLE UENTUR-5 ENo ,4429mia P. 2/2,/w
din �� M►x,� �l�,�r
ee�nn� r vote
x
- o
J
r
A
[�Q
n
Q
'W-r
Levitus 2002-03-08 05 : 51 : 02 (GMT) , page 4
03/07/2002 15:50 6514391065 ST. CROIX SENSORY PAGE 04
•. •••• ••�
AV 4 c1ve r 1 L i KM i A un ,Yb I LM5 933 8853 Ib. ]
all
Filtration Systems Inc.
3941 MEADOWBROOK ROAD
ST. LOUIS PARK,MINNESOTA 554a
W12)933.87Q$ '
(SS2)9934a59 FAX
(800)278.3012
E-mft*fltlra4ohoys��dl.rp�
March 6, 2002
McGinley AssOciates, P.A.
1370X 30" Street Circle North
Stillwater, Minnesota 55082
Attn.- Chuck 1MGC3injey
Re: IiOmessenee, 10, 000cfM odor control system.
*ikill']Ilr*QTJ a*##**
(1) Farr Rig$-gprb Glide/Pack size 2 x 4
l
one set of 2' diaposabl,e carbon Panelsandaorle setao�l�bMndelg30r30
Alaated pze ilCers.
Sipe:
Face velocity. 2h x 4w
Initial, static 313fpm
LBS of carbon media. drop: .441wc
Lot Price: 5120
Fob. Freight allowed $4, 629.00
Replacement filters: Per set
modal 30130 prefilte'rs: $ 220.40
Disposable carbon panels: $2,045.44
Please Gall it you have any 9uestioxS.
Sincerely,
Filtr Systems, Inc.
Lee Naricon
Levitus 2002-03-08 05 : 51 : 02 (GMT) , page 5
03/07/2002 15:50 6514391065 ST. CROIX SENSORY PAGE 05
JAN. U. ?UR II :?IAM THERMO-DYNE NO. 0385 P. I
EmThermo-Dyne,tne.
MANUPACTURERR REPRENENTATIVES •AirQP%bpa►it•won•MeMg•Ve w*ft-n
F" TRANSMISSION
I
DATE; January 9,2M,2 _
TO.- Chuck r
FROM: Sneu
Sr7BJECT; HumEssence
NO.PAGES.- 3
MESSAGE:
Attached is the sound data for fan selections 1 faxed you before.
Uee a Wdgct Price o $�4,IS00.00 with t7�en=D
Bake
14149 218T Avenue North s Plymouth, Minnesota 55447
Telephone: (763)657-4900 • Fax: (783)557-491a
01 /00/A2 11 .1a TYMY Wf) ARAB n nni
Levitus 2002-03-08 05 : 51 : 02 (GMT) , page 6
03/07/2002 15:50 6514391065 ST. CROIX SENSORY PAGE 06
JAX y. zUUL 11 :Z?Ak THERMO-DYNE NO. 0585 P. 5
STROBIC AIR CORPORATION
A, SUDSIDZARX OF MET-PRO CORPORATION
TRI-STACX SELECTION PROMRM
DATE: 01-04-1999
CUSTOMER NAME; HomEssence
FAN REPRRENCB: EF,_2.
INLET FLOW (TOTAL) : 10, 000 CFM
No. FANS OPERATING: AUTOMATIC
DENaTTY CORRECTIoll REO'p? N
INLET STATIC PR8SSURfi; 1.00 IN- W-G- 0 0. 075 LB/CU FT DENSITY
FAN pERFQRMANCE DATA
QTY PAN PAN MTNF PAN. FLOW SP SIiP
(1) SIZE SPE$p MOTOR RATS IN W.G.
1 TE2L075C9 670 7.5 11,goo 1.,00 5.$Q
FAN PAN ENTPAZNED DILUTION NOZ,Z WNt'DBND - FREE FIELD GOMM.
SX2E SPEED FLOW RATIO VEL VEL IOM 14 ISMPH SOUND 45JA'
(CFM) (PERCENT). (FPM) (FPM) (PT) (FT) 10FT SOPT
T52L075C9 870 30,140 301.68 4, 143 3,870 45 34 72 58
COrm�g
(].) - NUMBER OF FANS RDNNI170 NOT INCLUDING RACKUp FAN
(2) - INLET STATIC pRESSURE R" BEEN? BERATED FOR DS$CHARG,E NOZZLE, WI11'CDHAND,
AIRPDXL ISOLATXQN DAMPER AND OUTLET SILENCER
(3) ADD AN ADDITIONAL 0. 152117 SP FOR GRAVITY ISOLATION DAM ERS
(USABLE ON SIwoLL FAN PLENUM+ ONLY)
(4) INLET STATIC PRESSURE NAS BggN DERATEn FOR SYSTEM EFPZCTS BASED ON
FACTORY RECOMMENDED DUCT COMP:LGURATIONS
(5) - CONSULT PAcToRy FOR .ADDITIONAL DER& ''IONS WIMN DUCT CONFIGURATIONS
DO NOT MEET FACTORY GUIDELINES
(�) - ESX $FF'ECTI'VE ST31,CR HEIGHT AT STATED WT= SPEED
FROM ROOF LINE FOR FAN WTTROUT MTXIN7o pLENUM
MOUNTED ON AN 18IN. PtGm CURB.
COPYRIGHT 23, 1997 OTROMIC AIR CORPORATION
ni Inn inn Y 1 -MA
Levitus 2002-03-08 05 : 51 : 02 (GMT) , page 7
03/07/2002 15:50 6514391065 ST. CROIX SENSORY PAGE 07
JAK 9. 2002£r1I :21A?D- THEM-DYME.S7237a0i Jan 8 V2 ilr:�t4. 05851.0;P. . 2
_ S'-t'JKUJsiC AIR CoRMRATIQN -
A Subm"ormot-Pro Corpor Kwo
160 Gaeaoll Rd.Banc 144
HBrk7svll1r,PA 19438
Ph:C2 1 S)723-4700; For.- 1 S 723-4701
TW-STACK FAN SOUND cALCULATI4N s
comer Name:
Job NpA16cr.
4* �Aareremo:
{�c Fan madel. 7309
Q� iniet Y.im-
�4l
Imm BMW Pftnu e: in. P.I.
q y 63 Hz 12S M 23o NZ 80b Ift x000 HT 2000 Hz 4000'Hz soon Hz
TMS073C9&mod Power Levy s 76 87 BB 90 87 83 80 73
�of*ectlol�e For TS,21Voals Silen�r� TS. � •S '-
-12 w3.�.i . . .. "3 -3 .3 -3
..
-IS -1S -19 -IQ -6
Somd Prassure Levels r 68 79 -73- - 72. - 69 67 67 64
Cars+ectiansFat
IQ F9" -17 .17 -17 -17 -17 17 -17 -17
- Souq�d,Prit ;; m
....... w(j 0 Fo;k Pislmtci) S t _ {,� _�d SS-- — '32_ i 50 50 47
A'Scale Carraa4l -26 - -t6 :y - -3' 1
d8'A'Spendl(10]poor u y� 25 .46 ...47 Sa - 52 31 51 46
Settlld Lvvv1(10 R9oc Dsomnce) �*B dB'A'
Correv9olts Far—"-Foot Dimmea -31 -31 .31 -31 31
Sound Pra re Levels(30 Fod1 Dia wnm)- 97 48-• 42 41 39 3—L36 93
_ to Cwr;r 26
e
m O Foot Net Sound 1#-W(SQ oot ' ao dl3's► 3i 37 i 37 32
City Coun: l Regular Meeting Minutes
January 8, 2002
Page 4
1 Morrison reviewed the third section of the resolution with the Council which stated that they
2 have the ability to complete an internal loan, if necessary,from one district to the Chandler Tax
3 Increment District.
4 .
5 Motion by Councilmember Faust to approve Resolution 02-015, re: Considering amendment to
6 redevelopment plans and Chandler Place Tax Increment Financing District.
7
8 Motion carried unanimously.
9
10 VI. REPORTS FROM COMMISSIONS AND STAFF.
11 1. Planninp, Commission-December 18, 2001:
12 A. Village North, LLP; for 2801-37h Avenue NE; conditional use permit for
13 packaging of wax and other components into candle products (Resolution 02-
14 016).
15
16 Planning Commissioner Steeves came forward to provide the Council with a
17 background on the property at Village North. He stated that the Planning
18 Commission concluded that the issue is a nuisance of smell, thus, very difficult to
19 determine a way in which it could be measured.
20
21 Commissioner Steeves added that the Planning Commission recommends that
22 they grant Essenco a 120-day temporary conditional use permit. He stated that the
23 120-day period would essentially be a test period after which the applicant would
24 come back before the Planning Commission who would then be able to either
25 apply appropriate conditions to the permit, or determine that the odor was
26 injurious to property owners.
27
28 Councilmember Thuesen stated that he appreciated the thoroughness of the
29 Planning Commission regarding the Village North property. He highlighted the
30 fact that Essenco, the candle-making company, ceased their operations, but there
31 was still an odor that came from the building.
32
33 Commissioner Steeves indicated that they were unable to ascertain exactly when
34 the operations ceased, thus, making it difficult to determine the extent of the
35 nuisance of the odor.
36
37 Councilmember Thuesen questioned if the 120-day period was excessive.
38
39 Commissioner Steeves stated that the Planning Commission felt the
40 recommendation that they have made was the best that they were able to come up
41 with at the time.
42
City Council Regular Meeting Minutes
January 8, 2002
Page 5
1 Gilligan highlighted that attaching a period of time to the permit meant that
2 Essenco would need to come back and re-apply for their permit before the end of
3 the 120-day period.
4
.5 Councilmember Horst stated that, if any problems persisted related to odor, he
6 would not be in favor of approving the permit.
7
8 Ken Solie, owner of the property, came forward and indicated that he and Essenco
9 did not feel that the 120-day period was enough time to run the business, discover
10 a problem and take care of the problem. He indicated that Charles McGinley,
11 McGinley and Associates, was present to address the Council and related
12 concerns.
13
14 McGinley stated that the Metropolitan Council has been running an odor
15 laboratory at which odors are measured and quantified for over 20 years. He
16 continued that St. Croix Sensory Laboratories,the laboratory to which he is
17 associated, could assist the City of St. Anthony in developing an odor ordinance,
18 if they chose to do so.
19
20 McGinley continued that several types of establishments emit odors of some sort.
21 He stated that he has been working with Essenco for seven days and has
22 established a couple of ways that they could improve the ventilation from within
23 the building.
24
25 McGinley reviewed the different elements of odor measurement. He stated that
26 whether an individual likes, or dislikes an odor is the only subjective parameter of
27 odor.
28
29 Councilmember Horst expressed his concern with the difficulty of guaranteeing
30 that Essenco follows through with their promises to fix problems associated with
31 odor.
32
33. Councilmember Sparks asked what level of smell was acceptable, and when that
34 line may be crossed. McGinley responded that there are two ways to measure
35 acceptability standards. 'He indicated that they were able to limits on the length of
36 time that the smell was accepted(e.g.: 98%acceptability rate means that the odor
37 cannot be smelled more than 2%of the time through the course of a year.)
38
39 Councilmember Sparks confirmed that if the City chooses to set standards, it was
40 possible. McGinley concurred.
41
42 Mayor Hodson stated he felt it was a difficult standard. He indicated that,
43 although he was struggling with the issue, he felt that they have a considerable
44 amount of options for the space that would be much more objectionable.
City Council Regular Meeting Minutes
January 8, 2002
Page 6
1
2 The Council discussed the situation related to the nature of businesses and zoning,
3 as well as their desire to be sensitive to residents.
4 .
5 Councilmember Faust mentioned the training from Metropolitan Council.
6 McGinley stated that the inspectors who are trained to quantify odors are trained
7 in different ways. He continued that frequency of odor could be far more
8 important than strength of odor when assessing an odor.
9
10 Councilmember Faust asked if there existed a national standard where odor and
11 acceptability rate are concerned. McGinley stated that there does not exist a
12 national standard where odor is concerned.
13
14 Mayor Hodson suggested that the City of St. Anthony hold a 98%acceptability
15 standard. McGinley stated that 95% was much more reasonable.
16
17 Councilmember Faust stated that a couple of City employees would need to be
18 trained by the Metropolitan Council, if they chose to take the route of an
19 acceptability standard.
20
21 Mayor Hodson stated that he felt that the criteria existed from which to create
22 guidelines for a conditional use permit.
23
24 McGinley stated that there would need to be some sort of time period where the
25 manufacturer had the opportunity to demonstrate compliance.
26
27 Momson stated that he felt that it would be very difficult to police the issue
28 regarding the 95% acceptability standard.
29
30 Councilmember Thuesen stated that he,too, felt that the 95% acceptability
31 standard would be too difficult to enforce.
32
33 Councilmember Sparks suggested that, instead of the 95%standard,they count
34 the number of phone-calls that they receive from residents.
35
36 Resident Doug Tanner came forward and stated the smell is present, and
37 offensive. He stated that he was very disappointed with the 120-day test period for
38 a couple of reasons. He noted that it is wintertime and windows are closed. He
39 asked if, after 120 days,the smell is not gone and there is still an odor, that
40 Essenco is forced to fix the problem, or not granted a permit.
41
42 Solie stated that the 120-day period was simply not enough time to discover a
43 problem, fix the problem, and continue operating to see that the problem is indeed
44 fixed. He added that a time-line was not the best way to handle the situation. He
City Council Regular Meeting Minutes
January 8, 2002
Page 7
1 suggested that they be able to operate with a conditional use permit, and fix
2 problems as they arise.
3
4 Councilmember Thuesen asked for Gilligan's opinion on the subject. Gilligan
5 stated that he thought it would be very difficult to determine satisfactory progress
t�'ess P
6 without a timeline. Gilligan continued that they could establish some objective
7 standards, such as the specific equipment that would be installed, by which to
8 measure progress.
9
10 Tanner stated that he did not feel that the words"good faith"were appropriate
11 where Essenco was concerned, highlighting the fact that they were up and running
12 before they had a permit at all.
13
14 Steve Levitus, owner of Essenco, came forward and stated that the early start-up
15 was a genuine misunderstanding on their behalf. He added that they have not
16 been operating for several weeks, and stated that he was completely committed to
17 working with the community.
18
19 Mayor Hodson asked City staff if there was enough information for them to draft
20 an ordinance at this time,in order to give Essenco the ability to begin operations
21 again.
22
23 Gilligan stated that it was difficult to do. He suggested that they set a time limit,
24 after which they could pull the conditional use if requirements of the permit were
25 not met.
26
27 After much discussion,the Council decided to draft a revised version of the
28 conditional use permit that the Planning Commission recommended. They
29 decided that they would grant the permit based on a trial period that expires on
30 September 1, 2002.
31
32 Councilmember Sparks was in disagreement with the length of time, feeling that it
33 was far too long.
34
35 Solie stated that they could not appropriately respond to the requirements of a
36 conditional use permit based on a 6-month trial period. He added that, if that
37 were the case, they would simply revoke their request tonight.
38
39 Resident Jennifer Tanner stated that her greatest concern was over what was being
40 done in"good faith"at this time to remedy the identified odor problem.
41
42 Mayor Hodson clarified that the Council would only grant the permit through
43 September 1, 2002.
44
City Council Regular Meeting Minutes
January 8, 2002
Page 8
1 Solie and Levitus indicated that the September 1, 2002 deadline was simply not
2 long enough for them. Gilligan suggested that the Council went forth with a
3 . motion, and that Essenco determine what they will do once the motion has been
4 made.
5
6 Motion by Councilmember Faust to grant the conditional use permit for Village
7 North, LLP, 2801 37th Avenue Northeast with the following conditions:
8 • Candle manufacturing can only occur between the hours of 6:00 a.m.
9 through 4:00 p.m., Monday through Saturday.
10 • The operation can operate until September 1, 2002 after which the
11 Planning Commission would hold a public hearing to determine whether,
12 or not, there exist problems associated with the smell.
13 • Conditional use permit may be revoked if findings on September 1, 2002
14 indicated that the odor is injurious to the public health, and welfare,
15 including property values of the surrounding neighbors.
16 • After September 1, 2002,the City reserved the right to place any
17 additional, reasonable conditions on the use.
18
19 Motion carried 4-1, Councilmember Sparks opposed.
20.
21 Levitus confirmed that the decision tonight meant that they were able to begin
22 operations again. Mayor Hodson stated that was true.
23
24 It was determined that residents would call the Assistant City Manager Susan
25 Henry at(612) 706-1324 to formally register complaints.
26
27 B. Ordinance 2002-001, re: Requires business licenses for massage therapy business
28 (first reading).
29
30 Commissioner Steeves reviewed the findings of the Planning Commission. He
31 stated that they recommended it for approval as is.
32
33 Councilmember Horst asked about the associated fees.
34
35 Resident Mary Luger-Sarter reviewed the costs-associated with starting out in the
36 business of massage therapy, which were far less than the $5,000 of capital
37 investment noted in the ordinance.
38
39 Councilmember Sparks stated that she felt they could drop the $5,000 fee
40 altogether. The Council agreed.
41
42 Luger-Sarter commented on the $500 investigating fee. Gilligan stated that it was
43 a one-time fee, but the $250 licensing fee was annual.
44
Planning Commission Meeting Minutes
December 18,2001
Page 2
1 VIII. HEARINGS.
2 8.1 Villap-e North LLP 2801 371' Avenue Northeast• Conditional use Hermit 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 280137'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,He
stated,the
17 City Attorney has advised staff the City should not delegate its regulation to a citizen's
1 g 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 different ways to quantify an odor problem and
36 ways that it could be attached to a conditional use permit. Through his research, Solie
37 teamed 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
5 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 state
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 an
40 running before they had received their approval. Solie reviewed the lengthy initial steps
that he took with ith the City of St. Antho� a Essenco was a perfect business to fall lunder
42 St. Anthony. He stated that he though
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 intemet 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 am. 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
3 committee to evaluate the issue.
4 In addition, Solie continued, the mechanic§of the building are operating
properly,
5 problem arose, they would hire a contractor to determine the ways to i prov the but if a
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 betaken 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 Morrison 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`h 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
i 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 any 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`h 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
CONDITIONAL USE PERMIT AGREEMENT
THIS AGREEMENT is dated as of . 00. ( , 2002, and is by and
between the CITY OF ST. ANTHONY, a Minnesota municipal corporation(the "City"),
and VILLAGE NORTH PROPERTIES,LLP, a Minnesota limited liability partnership
(the "Owner").
1. Request for Conditional Use Permit Approval. The Owner has asked the City
to approve a Conditional Use Permit(referred to in this Agreement as the "CUP") to
permit a business engaged in the processing of wax and other components into candle
products to be operated on the land owned by the Owner legally described on Exhibit A
attached hereto (the "Property").
2. Conditions of CUP Approval. The City approved the CUP on January 8, 2002,
on condition that the Owner enter into this Agreement and record this Agreement with
the County Recorder or Registrar of Titles prior to issuance of any occupancy permit for
the property. A copy of the CUP is attached hereto as Exhibit B. The CUP shall remain
in effect until September 1, 2002; provided that the conditions of the CUP are observed
and the further terms and conditions of the City's Zoning Ordinance related to
conditional use permits are satisfied. The CUP shall terminate on September.1, 2002.
3. Miscellaneous
A. Third Parties shall have no recourse against the City or its
Councilmembers, officers, employees, consultants and agents under this Agreement.
B. If any portion, section, subsection, sentence, clause, paragraph, or phrase
of this Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
C. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Agreement shall
not be a waiver or release.
D. This Agreement shall run with the Property and will be recorded against
the title to the property. The Owner covenants with the City, its successors and assigns,
that the Owner is well seized in fee title of the Property has obtained consents to'this
Agreement, in the form attached hereto, from all parties who have an interest in the
Property; that there are no unrecorded interests in the Property; and that the Owner will
indemnify and hold the City harmless for any breach of the foregoing covenants.
E. Each right, power or remedy herein conferred upon the City is cumulative
and in addition to ever other right, power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and
shall not be a waiver of the right to exercise at any time thereafter any other right,-power
or remedy.
4. Notices.. Required notices to the Developer shall be in writing, and shall be either.
hand delivered to the Developer, its employees or agents, or mailed to the Developer by
certified mail at the following address: Village North LLP,2500 39`h Avenue N.E.,
St. Anthony, Minnesota 55421. Notices to the City shall be in writing and shall be either
hand delivered to the City Manager or mailed to the City by certified mail in care of the
City Manager at the following address: City Hall 3301 Silver Lake Rd.NE, St. Anthony,
MN 55418-1603.
-2-
CI ONY
Its Mayor
By:
Its City MKnager
OWNER:
VILLAGE NORTH PROPERTIES LLP
BY
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 3 day of
OLyLt,�
120021 by > o,,,t, , Mayor, and.by
City Manager, oft eSt. Anthony, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
7L;` 'c 1.KROEPLIN li" " �� c.esoNotary Public
��a:a Erpirs.Izr.31.2005
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing instrumenj was acknowledge4 be ore me this 3J day of
2002, by f. , the
of Village North Properties LLP, a Minnesota limited
liab lity partnership, on behalf of the company.
SS (AURA S.wIEMAN
•F�, NOTARY PUBUGMINNESOTA
Ut COMMISSION EXPIRES W1.2oos Notary Public
■wwwvvw ■
This Agreement was drafted by:
Dorsey & Whitney LLP (JPG)
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402
-4-
• 1 .n '
EXHIBIT B
CONDITIONAL USE PERMIT
Applicant: Village North Properties LLP
Address: 2500 39`h Avenue N.E.
St. Anthony, Minnesota 55421
Telephone: (612) 781-3381
Fax: .(612) -181- 1458tj
PC File No.: 01-
E-Mail: kes789 @att.net
Conditions to Allow Use:
1. The processing of wax and other components into candle products may only occur
between the hours of 6:00 a.m. and 4:00 p.m., Monday through Saturday.
2. This permit shall expire on September 1, 2002, and Owner shall be required to apply for
and receive from the City a new conditional use permit in order for the processing of wax
and other components into candle products to continue after such date. The City reserves
the right to place additional reasonable conditions on the use of property as a condition of
issuance of new conditional use permit.
3. Reasonable efforts shall be made to eliminate or remediate odors that are injurious to the
public health and welfare, including property values of surrounding residential properties
that are emanating off the property from the candle manufacturing operation.
B-1
EXHIBIT A
Legal Description of Property
Village North LLP Parcel
Lot 22 Block 1 , Apache Plaza 3rd Addition
Ramsey County, Minnesota
and
Lots 1 , Block 1 , Apache Terrace ,
Ramsey County, Minnesota
Area = 211037 Square Feet = 4 .845 acres
A-1
RESIDENT'S DATE DATE/TIME COMMENTS/NOTES
NAME/ADDRESS CALLED OF SMELL
Steve Valek 1/10/02 1/10/02 "Strong smell coming from plant right now."
2614 37th Ave NE 1:40 p.m. Phone 612-781-5873
Steve Valek 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`s 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`"
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 p.m.
Steve Valek 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. extreme) strong."
Steve Valek 1/18/02 1/17/02 "...strong smell coming from the building."
9:30 p.m.
Steve Valek 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 building..."
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 Valek 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. I 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 Valek 1/29/02 Two times "It was bad on Sat.,Jan 26 @ 4:30 p.m. Also on
Sun,the 27th @ 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
Witsingman(sp)? mail,smell was really,really strong.„«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 Valek 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`s 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 candles—on Sunday?They
aren't supposed to,are they?"
Steve Valek 2/12/02 2/10(Sunday) "Smell was very strong on Sunday."
Doug Tanner 2/14/02 Several "I could smell the candle smell Monday,Tuesday,
and Wednesda .. "
Doug Tanner 2/19/02 2/17& 18 "1 smelt it Sunday and Monday.There was a car
there on Sunday and also a strong smell.Are they
doing production on Sunday?"
Steve Valek 2/20/02 2/16/02 "On Saturday there was a strong smell at 9:30
P.m.?"
Denise Studer 2/21/02 2/21/02 "Candle smell is really stinking today. Some days
3631 Harding St it's not so bad and some days really bad. I
imagine that in the spring we'll be smelling it it
more often being outside more."
Doug Tanner 2/21/02 2/21/02 "Smell is real) bad."
Steve Valek 2/21/02 2/21/02 "The smell is bad today."
Steve Valek 2/25/02 2/24&25 "...candle smell both days.."
"Very strong smell when I came home from the
Steve Valek 2/27/02. 2/26 9:30 p.m. City Council meeting last p.m... The smell was
not there the next a.m..."
Steve Valek 2/28/02 2/28, 1 p.m. "There is-a strong smell coming from the
candle company."
??Shadrick 3/4/02 3/4/02 "...fragrance is very strong today..."
763-439-0039-
daytime
Steve Valek 3/6/02 3/3&3/6, `.`Smell strong(both days mentioned)..."
3:30-4:30
.m.
Carol Patrick 3/7/02 3/7/02 "There is a bad candle smell today at 12:30
P.m. "
Dwight Skinner 3/8/02 3/5 p.m.,3/6, "It smells...distinctly easy to smell candles..."
612-789-1370 p.m.and 3/7,
3629 Edward a.m.
Carrie Skinner 3/8/02 3/8,7:15 a.m. "...noticed odor at 7:15 a.m. today.."
Steve Valek 3/11/02 3111,3 p.m. "I can smell the smell.."
: EHLERS
& ASSOCIATES INC
OTo: Mike Morrison,City Manager/Sue Henry,Assistant City Manager
From: Jim Prosser
W Date: March 11, 2002
Subject: Project Update
The purpose of this Update is to keep policy leaders, staff and the public informed about
project activities. It is usual that long periods of time can go by without formal actions or
approvals by the City. That doesn't mean that nothing is happening. The Updates are one
way to keep information flowing. Typically this will keep the public more involved and
comfortable with the redevelopment effort. A key role for the public, Council and staff is to
communicate issues and concerns that they have or hear about. Follow up to these issues
can be included in future Updates.
Project Planning
A Project Team has been established to coordinate the redevelopment planning process. The
Team consists of representatives from the City, Pratt-Ordway, Ehlers and Dalgren-Shardlow
and Uban. The team has met twice in the past two weeks and will be meeting approximately
every week during the initial project planning stages.
Preliminary Development Agreement
The draft preliminary development agreement has been delivered to Pratt-Ordway for
review. This agreement provides requires a financial commitment from the developer to
reimburse the City for project related costs including fees for planning, project coordination
and communication consultants during the preliminary development period. During this time
the City and consultant assess the project feasibility, refine a preliminary development site
plan, review funding options and prepare a final development agreement. Under this
contract the City would not provide financial assistance to other developers and assist with
land acquisition while the agreement is in effect. The City reserves the right to cancel the
agreement if the developer is not making adequate progress. It is expected that this
preliminary agreement will be considered by the City by the end of April. The proposed term
of the agreement is six months.
Project Communications
St. Anthony Village has retained Goodwin Communications to assist with"external"project
communications relating to redevelopment within the Northwest Quadrant area. Pat
Goodwin is a seasoned veteran communications consultant that has assisted numerous public
and private sector clients with communications issues. One of the major objectives of the
communications effort will be to raise the visibility of the project to make sure that the
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-8503 Fax: 651-697-8555
Roseville, MN 55113-1105 Email: jim @ehlers-
inc.com
public stays involved and informed about the status of the redevelopment effort. In addition,
communications will target potential funding sources. JMS communications will continue to
provide assistance with"internal"city communications including newsletters and project
fact sheets.
Land Acquisition ,
The City is already receiving questions regarding the timing of potential land acquisition.
Given the preliminary nature of the development process; the appropriate response is that it
is too early to initiate any land acquisition. Acquisition generally does not occur until after a
final development agreement is signed. A final development agreement would not be
expected until late 2002 or early 2003. The developer will be contacting property owners in
the next few months to discuss their concept and get input from businesses and owners.
Project Funding
A key activity in the initial stages of this project is identification of potential outside funding
sources. The majority of the cost for funding land acquisition, relocation, demolition, public
improvements and other related costs are paid by the developer. A secondary source that
will be considered is tax increment. Outside sources currently being explored include
Metropolitan Council grants for Livelable Communities, transit initiatives, asbestos
abatement (Tax Base Revitalization), innovative storm water systems; Department of Trade
and Economic Development grants and Ramsey County grants. Lockridge Grindal Nauen&
Holstein, specialist in this area will be assessing funding potential and strategies for these
sources and identifying other possible federal, state and local sources.
Tax Increment Financing
Given the likelihood that tax increment financing(TIF) assistance will be requested by the
developer, Ehlers recommends that St. Anthony initiate an assessment to determine if the
site would qualify as a"Redevelopment" district as permitted by State Law. The first step in
that process is an inspection of properties that may be included within the district. A draft
RFP will be provided to you for your consideration. A number of local firms have
demonstrated capacity for this work. A key question (and communication issue) is what
properties should be included in the "study" area for inspection. A TIF district can be made
smaller after the process begins but may not be larger. For that reason it is recommended
that the City include as much of the study area as feasible. Specifically we suggest including
the Equinox apartment buildings and the Apache'Medical. Neither of these properties has
been identified for redevelopment. However, it is possible that the City and/or the developer
may want to utilize tax increment to make improvements other than acquisition for these
properties.
N O R 'T H W E S T. Q U ..A D s.R t1kA Z.lei T
ai
ISSUE NUMBER 7 THE CITY OF ST. ANTHONY MARCH 2002
Q. When can I sign up for a new
NORTHWEST QUADRANT f home in the redevelopment?
Al U
REDEVELOPMENT PROCESS & When can I purchase a home in
the redevelopment?
A.The City is aggressively pursuing the
This Q&A newsletter addresses the and market feasibility.Pratt-Ordway's redevelopment,but it is still at a very
latest questions about the Northwest Quadrant original concept for the project was as preliminary stage and there is much work
Redevelopment. follows: to be done.Therefore,it's too early to know
exactly when residents will be able to sign
Q. What is the latest on the Northwest The Pratt-Ordway redevelopment up or purchase housing. Under the current
Quadrant Redevelopment? proposal for the Apache Plaza site schedule,initial construction is expected to
A. An Open House was held in January for primarily consists of residential begin in 2003 or 2004,but will need to be
the public to have an opportunity to look at components with some limited phased over about three to five years.
the project concepts of various developers. commercial closely following the design Some housing units would likely be
guidelines suggested by the City.The available six to 12 months after
On February 12,the Council chose Pratt- center of the site suggests a large park construction is complete.
Ordway,a Twin Cities metro area area with ponds,shelters,and bridges p
development team,as the project developer. flanked on the north and south by four
Pratt-Ordway has designated ho ing forum to level senior housing rentals and for-sale REDEVELOPMENT GOAL
develop the multi-Tamil}'housing for the units.Single family stand-alone villas,
project.The City expects to enter a g y To return the Apache Plaza mall
connected town homes and a market rate area to the hind o exciting
preliminary development agreement with apartment building extend out from the f °f Deal
Pratt-Ordway in April. park to the east and west. New residential Point for the community it once was;
Q. Why did the City Council select styled office buildings and some new to Provide new housing options to
Pratt-Ordway? retail are proposed along the edges
meet community needs; to increase
adjacent to Silver Lake Road and Stinson the City's taxbase, and to ensure the
to The City Council participated in a bus Boulevard with a new main divided 39th vitality of the neighborhood.
tour in early February and viewed some of Avenue extending through the site
the other metro area developments of the connecting Stinson Boulevard to Silver
Northwest Quadrant's three competing Lake Road. Q. Will the public have any additional
development teams. Pratt-Ordway chose to input into the development concept?
show the City Council not only new Q. What happens during the
construction but also developments that preliminary development A.Yes.Before the City Council approves a
were constructed a number of years ago. agreement phase? final development agreement,the
The City Council was impressed%with the development team will hold an Open House
high quality construction,quality of site A. During the preliminary development to receive feedback from the community on a
design,and the sustainability of the Pratt- agreement phase,the development team preliminary site plan for the redevelopment.
Ordway developments. and City will identify those issues which That site plan will illustrate how buildings are
need to be addressed in the final laid out,necessary public improvements,
Q. What are Pratt-Ordway's plans development agreement phase.Those issues roadways,stormwater control and
for the redevelopment? typically include financing,project timing, streetscapes.The Open House will be held
necessary land use approvals,process, later this year toward the end of the
A. Although Pratt-Ordway presented an schedule,and Cimino. burin this hale the y
initial concept,the developer«ill be o g p preliminary development phase. Look for
working with St.Anthony to come up with development team will also work on a more information on that open house in
a redevelopment plan.That plan must meet preliminary site plan and will be seeking several months in local newspapers,on the
ublic input into that plan. City's website,in the"Village Notes"
the City's goals and the test of both financial p
CITY OF ST.ANTHONY Nonhwm Quadrant Redevetoptnent Update MARCH 2002
newsletter,on the project Hotline,and in $775-$900 for a one-bedroom to community objectives are met.
future issues of the Northwest Quadrant $1250-$1,375 for a three-bedroom. Q. How will the redevelopment
Redevelopment newsletter. Q. Senior housing is the biggest need be funded?
Q. Will Herberger's be a part in our community. Why must we A.The redevelopment will need to be
of the development or not? build any family housing? p
funded through private investment,state or
A. It's not known at this time. Herberger's A.To remain a healthy,vital community, federal funding,and tax increment finance.
has been a valuable part of the community St.Anthony needs to ensure it can continue
for many years and the City is committed to retain and attract residents of all ages. Q. How can I give my ideas
to working with the developer to provide A strong community provides good housing and feedback?
an opportunity for Herberger's to stay at the options for seniors,for families,and for A.You can leave a message on the
site. Herberger's would likely be located in a everyone else in between. City's Hotline at 612-706-1350,
new building.Any decision to stay or not Q. Do we know exactly what type of email the development team at
stay would have to be made by Herberger's housing units will be available in lenpratt@pratthomes.com,or call the
based on its needs and the costs associated the development? City at 612-789-888I.
with being a part of the new development. Q. How can I keep informed?
Q. I don't think we need any more A. Pratt-Ordway's original concept included
apartments. Why is the City stand-alone single family villas,townhomes, A.The City will continue to provide
building apartments? and market rate apartments.Clearly,any updates on the Northwest Quadrant
redevelopment will contain housing that redevelopment project in the City's
A.Apartment homes serve the needs of includes a mix of types and price ranges to newsletter,the City website at wwwci.saint-
many people,such as long-time residents meet the range of needs within the anthonymn.us,and through period updates
who are empty nesters and don't want to community. of this newsletter.For more information,
maintain a single-family house,young Q Why must the City even pursue you may also contact the City offices at
people who have grown up in the redevelopment of Apache Plaza? 612-789-8881,or for general updates,call
community and are now on their own,and the Hotline at 612-706-1350.
young families who work in the community A.Apache Plaza was once a pioneer
and are not ready for home ownership.By shopping center in the region.But changes NEXT: STEPS
providing a wide range of housing types, in retail trends and competition from
the City can meet the needs of all residents. modem shopping malls have made it less April 2002 Preliminary development
Q. Can you tell me what the price relevant to the community.The City would agreement entered
range will be for the apartments? like to return the mall area to the kind of Summer/Fall Open House on
exciting focal point for St.Anthony that the 2002 Preliminary Site Plan
A.Here is an example.The monthly rent for shopping center once was.At the same Late 2002 Final development
luxury/market rate apartment homes in the time,the development would enable the agreement entered
development could be expected to range City to provide new housing options to
from$875-$1,000 for a one-bedroom,to meet needs in the community and increase 2003 Acquisition,relocation,
$1,350-$1,475 for a three-bedroom.The the City's taxbase. Like St.Anthony,many demolition
monthly rent for senior apartment homes communities throughout the metro area are 2003 or 2004 Construction begins
could be expected to range from about pursuing redevelopment to ensure
H31moisno-IVISOd WINMIS38
SSMH03 �
sn'utu(uayluo-is.u.«mm
1888-68L-Zt9
81bSS NW'Lu041W'IS
KZZ'ON utntad PCGH XJUJ Ia^l!S 10££
Nj1'sgodeauutiV
QIVS- a ICU
'QiS '.L2IS2id `1i
1
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 February 12, 2002
7 CALL TO ORDER
8 Mayor Hodson called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14 Present: Mayor Hodson; Councilmembers Horst, Sparks,Thuesen, and Faust.
15 Absent: None.
16 Also Present: City Manager Mike Mornson; City Attorney Jerky Gilligan.
17
18 CONSIDERATION, DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS:
20
21 I. APPROVAL OF FEBRUARY 12,2002 CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of February 12,
23 2002.
24
25 Motion carried unanimously.
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 None.
29
30 III. COMMUNITY FORUM.
31 Mayor Hodson invited residents to come forward at this time and address the Council on items
32 that are not on the regular agenda.
33
34 Hearing none, Mayor Hodson moved forward with the agenda.
35
36 IV. CONSENT AGENDA.
37
38 1. Consider January 22, 2002 Council meeting minutes.
39 2. Consider licenses and permits.
40 3. Consider payment of claims.
41
42 Motion by Councilmember Faust to approve the Consent Agenda.
43
44 Motion carried unanimously.
45
46 V. PUBLIC HEARINGS.
47 1. Consideration of the following resolutions relating to the 2002 Street and Utility
48 Improvements Project.
49 Mayor Hodson opened the public hearing at 7:02 p.m.
City Council Regular Meeting Minutes
February 12, 2002
Page 2
1
2 Mayor Hodson invited Todd Hubmer,WSB, to come forward and address the Council
3 regarding the 2002 Street and Utility Project. He reviewed the location of the
4 improvements:
5 • Wilson Street, between 301h Avenue NE and 32nd Avenue NE
6 • Harding Street,between 30th Avenue NE and 31St Avenue NE
7 • 31"Avenue NE,between Wilson Street and Silver Lake Road
8 • 32"d Avenue NE,between-Edward Street and Belden Drive
9
10 Hubmer explained that the installation of the flood sewer system would be the last phase
11 of the Flood Improvement project on the north side of the City of St. Anthony.
12
13 Hubmer stated that the total project cost is $2.4 million. He stated that proposed funding
14 is:
15 • $309,100.93 assessed
16 • City of St. Anthony contribution- $1.1 million
17 • Minnesota Department of Natural Resources- $1,000,000
18
19 Mayor Hodson welcomed the public to come forward with any comments regarding the
20 2002 Street and Utility Improvements; none came forward.
21
22 Mayor Hodson closed the public hearing at 7:06 p.m.
23
24 Mayor Hodson thanked Hubmer for his information and update this evening.
25
26 A. Resolution 02-023 —Adopting and confirming assessments.
27 Motion by Councilmember Sparks to approve Resolution 02-023,re: Adopting
28 and confirming assessments.
29
30 Motion carried unanimously.
31
32 B. Resolution 02-024—Awarding construction bid.
33 Motion by Councilmember Thuesen to approve Resolution 02-024,re: Awarding
34 construction bid.
35
36 Motion carried unanimously.
37
38 C. Resolutions 02-025 —Calling for sale of improvement bonds.
39 Motion by Councilmember Faust to approve Resolution 02-025,re: Calling for
40 sale of improvement bonds.
41
42 Motion carried unanimously.
43
City Council Regular Meeting Minutes
February 12, 2002
Page 3
1 VI. REPORTS FROM COMIVIISSIONS AND STAFF.
2 1. Report on Northwest Quadrant redevelopment project Jim Prosser, Ehlers &Associates,
3 will be present).
4 Jim Prosser came forward and reviewed the.first 15 months of the Northwest Quadrant
5 Project with the Council. He indicated that guidelines of the framework for the bidding
6 process were determined a few months ago, and that three developers have submitted and
7 presented proposals for the redevelopment of the Northwest Quadrant.
8
9 Prosser continued that, if the Council makes a decision tonight on which developer to
10 . use, the next step would be to negotiate a preliminary development agreement. He
11 indicated that the next part of the process would likely take a minimum of six months.
12
13 Prosser indicated that they were wrapping up the preliminary part of the project. He
14 commended the City on their efforts up to this point.
15
16 Mayor Hodson thanked Prosser for his excellent work thus far on the project. He
17 indicated that the selection process that the Council and public were able to go through
18 was invaluable.
19
20 Councilmember Sparks asked if Prosser felt that the City had the proper information on
21 the potential developers that would allow them to move forward comfortably. Prosser
22 stated that he did feel that they were in a good position to move forward primarily
23 because all three of the potential developers are clearly capable and reputable.
24
25 Mayor Hodson turned the floor over to the Councilmembers and welcomed their
26 individual comments.
27
28 Councilmember Faust stated that he had the opportunity to serve on the Northwest
29 Quadrant task force as a resident. He indicated that, at first thought, it seemed hasty to
30 make a decision on a developer this evening. He continued that the concept and need for
31 the Northwest Quadrant improvement went all the way back to the tornado that came
32 through town in 1984, indicating the great length of time that the Apache area has needed
33 attention.
34
35 Councilmember Faust continued by stating his genuine awe at the three developers, and
36 their reputable work. Councilmember Faust stated that he was most comfortable with the
37 Pratt/Ordway team.
38
39 Councilmember Thuesen also congratulated the three firms that were being considered
40 this evening. He continued that the tour that the City Council took around the City for
41 the purpose of viewing the work of the different developers was extremely helpful, and
42 filled with mostly positive feelings. Councilmember Thuesen also recommended that
43 they select the Pratt/Ordway team to develop the Northwest Quadrant.
44
45 Councilmember Sparks reviewed what she felt were the strengths of each of the three
46 developers. Regarding the Pratt/Ordway team, she stated that she was especially pleased
47 with the work of Dominium in the housing area of development. Councilmember Sparks
City Council Regular Meeting Minutes
February 12, 2002
Page 4
1 also recommended that the City select the Pratt/Ordway team for the redevelopment
2 project.
3
4 Councilmember Horst echoed the feelings of the Council thus far,pointing out the
5 positive qualities of each of the three developers. He added thathe would not-have any
6 problem going with any of the firms,but said he was in favor of going with the
7 Pratt/Ordway team and partners at this time, as well.
8
9 Mayor Hodson stated that this was one of the few times that the Council has
10 overwhelmingly agreed on an issue.
11
12 Mayor Hodson continued that the quality of the work of the Pratt/Ordway team, and the
13 ability to listen to what the residents were saying was what really impressed him.
14
15 Mayor Hodson informed the Council and public that the road ahead of them was a
16 challenging one, and that it was extremely important that they maintain open lines of
17 communication.
18
19 Motion by Councilmember Faust to approve Resolution 02-027, re: Approval of
20 Pratt/Ordway, LLC,Pratt Homes,Dominium Development &Acquisition, LLC, and
21 BKV Group, Inc. to be the firm to proceed to the preliminary development agreement for
22 the redevelopment of the Northwest Quadrant area of the City of St. Anthony.
23
24 Motion carried unanimously.
25
26 Mayor Hodson called for a five-minute recess at 7:35 p.m..
27
28 Mayor Hodson reconvened the meeting and introduced Len Pratt of Pratt/Ordway. Pratt
29 came forward and provided the Council with a brief history of the company. He
30 introduced John Ordway, his partner and friend of more than twenty years.
31
32 The Dominium team came forward to greet the Council and assure them that they have
33 made an excellent decision in choosing the extensive Pratt/Ordway team. All present
34 were thrilled for the new partnership.
35
36 The Council and team of Pratt/Ordway posed for a group photo before the Council
37 continued with the agenda.
38
39 2. Presentation of Annual Liquor Report for 2001 (Mike Larson, Liquor Manager will be
40 present).
41 Mike Larson came forward and stated that it was the first time that he has been invited to
42 give an annual report before the City Council, and thanked them for the opportunity to do
43 so.
44
45 Larson continued with a review of the six-year history of net profits for St. Anthony
46 Village Liquor Operations. He indicated that there was a steady increase of net profits
47 for store numbers one.and two over the last three years.
City Council Regular Meeting Minutes
February 12, 2002
Page 5
- 1
2 Larson reviewed the category sales for the different stores:
3. • Store#1 had 47%of their sales from beer, and 28%of sales from liquor
4 • Store#2 had 40%of their sales from beer, and 32%of sales from liquor
5
6 Larson reviewed where their customers are coming from. He highlighted that 15%of
7 their customers for the Stonehouse are coming to them for lunch, and then making a
8 purchase in the liquor store before they leave. However, store number two.has only 5%
9 of their customers coming from other areas that do not border the City of St. Anthony.
10
11 Larson indicated that they attribute their success to their product selection, an aggressive
12 advertising plan, competitive retail pricing, and a staff that goes the extra mile.
13
14 Larson reviewed the status of the Stonehouse, highlighting a$3,000 decrease in sales,but
15 $5,000 saved on repairs and maintenance.
16
17 Larson provided the Council with a recap of 2001 activities which included the
18 Villagefest"Kick-off party in the parking lot",the Stonehouse golf tournament and"Pig
19 Skin Pick's"contest. He also highlighted the numerous wine tastings which earned them
20 the award for"Best Wine Selection"in the annual "Reader's Choice Awards"held by the
21 Lillie Suburban Newspaper in 2000 and 2001.
22
23 Larson indicated that goals for 2002 consisted of improving the beer and wine selections,
24 installing a camera system for the operation, continue staff product information and
25 customer service training, re-design store layout at both stores, attempt to defeat the Wine
26 and Grocery Store Bill, and attain a faster credit card processing system.
27
28 Councilmember Thuesen thanked Larson for his succinct presentation. He indicated that
29 he always suspected that the two liquor stores had very different customer-bases, as was
30 illustrated by Larson this evening.
31
32 Councilmember Faust commended Larson and his staff on their successes.
33
34 Councilmember Sparks asked when the majority of food is sold at the Stonehouse.
35 Larson indicated that the lunch hour is where they sell the most of their food.
36
37 Mayor Hodson thanked Larson for his outstanding presentation, and his staff for their
38 success, dedication and hard work.
39
40 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
41 1. Resolution 02-026—Approving Amendment to Standing Rules for Conduct of City
42 Council Meetings.
43 Councilmember Sparks stated that she opposed two of the rules that were proposed to be
44 deleted: "This privilege is also extended to those members of the audience who wish to
45 provide input. The Mayor may rule out any input felt to be redundant, superfluous or
46 irrelevant." Councilmember Sparks stated that she felt that the effect was to decrease the
City Council Regular Meeting Minutes
February 12, 2002
Page 6
1 chance for residents to fully participate in the City Council discussions, and,thus,
2 opposed this change.
3
4 The second proposed rule deletion: "No public hearing will be extended.beyond 10:00
5 p.m." Councilmember Sparks stated that she felt that public hearings should be cut off at
6 10:00 p.m. and reconvened, if necessary.
7
8 Councilmember Horst stated that there was a time and a place for a forum and for a
9 discussion. He added that, eventually, it was up to the elected officials. He concluded
10 that the intent was not to cut off all public input,but to leave Council discussion to the
11 Councilmembers.
12
13 Councilmember Thuesen felt that removing the first issue mentioned above,would not
14 limit public input.
15
16 Councilmember Faust stated that he does not see how removing public input from"open
17 discussion"in the rules would not hinder any of the process, and was not in favor of
18 keeping it in the rules. He added that he was in favor of striking the second issue that
19 was mentioned by Councilmember Sparks, limiting public hearings to 10:00 p.m.
20
21 Mayor Hodson indicated that he supported the modifications of the rules as they are, and
22 suggested that go forward with the resolution.
23
24 Councilmember Sparks reiterated her concern over striking a provision that encourages
25 the members of the audience to speak.
26
27 Mayor re-read the first paragraph of the Process portion of the rules. He stated that his
28 concern was over interruption of a procedure, and stated he felt it was in their best
29 interest to approve the rules with the suggested corrections.
30
31 Councilmember Thuesen concurred with Mayor Hodson.
32
33 Councilmember Sparks noted that she was clearly out-voted,but stood by her suggested
34 changes.
35
36 Councilmember Sparks also noted that approving this resolution included the addition of
37 seconds on all motions.
38
39 Motion by Councilmember Thuesen to adopt Resolution 02-026, re: Approving
40 Amendment to Standing Rules for Conduct of City Council Meetings.
41
42 Motion carried 4-1, Councilmember Sparks opposed.
43
44
City Council Regular Meeting Minutes
February 12, 2002
Page 7
1 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
2 Mike Mornson provided the Council with several updates from past meetings. He indicated that
3 under the Governor's proposed cuts on Local Government Aid(LGA), the City of St. Anthony
4 could expect a$150,219 cut in 2002 and a$55,254 cut in 2001
5
6 Mornson referred to the summary of volunteer dinner responses and asked if the Council wished
7 to discuss it this evening.
8
9 Councilmember Horst stated that he would be in favor of holding the volunteer dinner.
10
11 Councilmember Thuesen stated that he was in favor of going forward with the volunteer dinner.
12
13 Councilmember Faust also said he was in favor of holding the volunteer dinner.
14
15 Mayor Hodson indicated that he would also like to proceed with the dinner.
16
17 Mornson stated that the dinner would be held on Friday, April 26, 2002. He added that he would
18 like to have Councilmember Sparks help City Clerk Connie Kroeplin in lining up keynote
19 speakers.
20
21 Mornson stated that they have received four applicants for the southwest task force,but added
22 that they will not comprise a task force at this time. He stated that he would inform the four
23 persons who responded by letter.
24
25 Mornson stated that Dr. Carr was no longer the City's Health Inspector. He stated that they
26 would be presenting him with a plaque for his forty years of volunteer services at the March 12,
27 2002 City Council meeting.
28
29 Mornson stated that he and Sue Henry met with the candle manufacturing company. The candle
30 manufacturer indicated that they would like to re-apply at the March 19,2002 Planning
31 Commission meeting for an extension on their conditional use permit for the purpose of making
32 an improvement to the exhaust system to reduce, not eliminate, the odor. Mornson indicated that
33 Levitus felt that he could not invest the money in the facility until he has permanency to the
34 issue.
35
36 Mornson indicated that they are very close to settling on the Fire Department contract, and would
37 present the contract to the Council as soon as it was settled upon.
38
39 Mornson highlighted Mike Larson's performance as Liquor Operations Manager.
40
41 Mornson congratulated the City Council on their 5-0 decision on selecting a developer this
42 evening.
43
44 Councilmember Faust highlighted some of the recent accomplishments of the City Council
45 including the area of flood mitigation. He added that Mayor Hodson and himself had a very
46 successful meeting with Representative McGuire regarding the Three Rivers Regional Park, and
47 transportation funding.
I
i
City Council Regular Meeting Minutes
February 12,2002
Page 8
1
2 Councilmember Thuesen discussed the potential ECFE cuts. He indicated that he had put a copy
3 of the Governor's proposal to cut ECFE programs in each of the Councilmembers boxes. He
4 also corrected himself and stated that ECFE would not be eliminated,but there would be
5 financial pressures and programming issues.
6
7 Councilmember Sparks stated that she has received complaints on the replay of the City Council
8 meetings. Mornson indicated that he was aware of the problems and that they were being
9 worked on as they speak.
10
11 Councilmember Horst indicated that he attended the Community Services Board Meeting last
12 week. He stated that issues with the School Board are similar to those of the residents regarding
13 the impact of the Northwest Quadrant redevelopment on the schools.
14
15 Mayor Hodson clarified that th e decrease in St. Anthony resident students would not be seen
16 until 2005.
17
18 Mayor Hodson indicated that Coffee with the Mayor and City Council was a success this past
19 weekend. -He added that residents indicated that the Governor should receive an invitation. He
20 added that the next"Coffee with the Mayor"will be held on March 2, 2002.
21
22 Councilmember Faust stated that there is'a constituency out there for those in favor of keeping .
23 the ECFE program alive, and that residents should e-mail Senator Marty and Representative Mc
24 Guire. He also recommended that everyone read the article in the League of Minnesota City
25 Monthly Magazine regarding restoring trust in government.
26
27 IX. INFORMATION AND ANNOUNCEMENTS.
28 None.
29
30 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
31 None.
32
33 XI. ADJOURNMENT.
34 Motion by Councilmember Sparks, second by Councilmember Horst, to adjourn the meeting at
35 8:57 p.m.
36 '
37 Motion carried unanimously.
38
39 Respectfully submitted,
40
41
42 Courtney Seesz
43 TimeSaver Off Site Secretarial, Inc.
44
45 Mayor
46 ATTEST:
47 City Clerk
I CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 February 26,2002
6
7 CALL TO ORDER.
8 Mayor Hodson called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14 Present: Mayor Hodson; Councilmembers Horst, Sparks, and Thuesen.
15 Absent: Councilmember Faust.
16 Also Present: City Manager Mike Mornson; City Attorney Jerry Gilligan.
17
18 CONSIDERATION,DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING I
19 ITEMS.
20
21 I. APPROVAL OF FEBRUARY 26,2002 CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Sparks, second by Councilmember Horst, to approve the City
23 Council Meeting Agenda of February 26, 2002.
24
25 Motion carried unanimously.
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 None. r
29
30 III. COMMUNITY FORUM.
31 Mayor Hodson invited residents to come forward at this time and address the Council on items
32 that are not on the regular agenda.
33
34 Hearing none,Mayor Hodson moved forward with the agenda.
35
36 IV. CONSENT AGENDA.
37
38 1. Consider February 12, 2002 Council meeting minutes.
39 2. Consider licenses and permits.
40 3. Consider payment of claims.
41
42 Motion by Councilmember Thuesen, second by Councilmember Horst, to approve the Consent
43 Agenda.
44
45 Motion carried unanimously.
46
1 Councilmember Sparks clarified with Morrison that there were banner violations with Harvey's
2 on Stinson Boulevard, which is to be discussed this evening. She requested that there be no
3 banner or sign violations at the time that renewals are due.
4
5 Momson stated that Councilmember Sparks' request was appropriate.
6
7 V. PUBLIC HEARINGS.
8 None.
9
10 VI. REPORTS FROM COMMISSIONS AND STAFF.
11 1. Planning Commission Meeting-February 19, 2002.
12 A. Ray Whitehill; side yard variance request for 3601 Roosevelt Street(Resolution
13 02-028).
14 Planning Commissioner Thomas came forward to address the Council regarding
15 the side yard variance request.
16
17 Commissioner Thomas indicated that the home has several code violations since
18 it was built in the late 1940's. He continued that the foundation was not covered
19 with the proper materials, and is beginning to deteriorate.
20
21 Commissioner Thomas continued that the lot is sub-standard, and city code
22 would only allow a new home to be 15 feet wide, which is not aesthetically
23 pleasing.
24
25 Commissioner Thomas reviewed the findings that were comprised by Planning
26 Commissioner Chair Melsha which recommend, unanimously, approval of the
27 side yard variance request.
28
29 Motion by Councilmember Sparks, second by Councilmember Horst,to approve
30 Resolution.02-02 8, re: side yard variance for 3601 Roosevelt Street.
31
32 _Motion carried unanimously.
33
34 Mayor Hodson suggested that the Planning Commission should consider lot
35 coverage regarding some of the older housing stock in the City of St. Anthony.
36
37 Mayor Hodson added that residents would probably begin to desire upgrades to
38 their homes as the Northwest Quadrant Project proceeds.
39
40 Commissioner Thomas stated that Commissioner Stille had attended the City
41 Council goal setting meeting, and learned that the Council was looking for
42 reasons as to why the Planning Commission should discuss a point-of-sale
43 housing ordinance.
44
45 Commissioner Thomas stated that he and Commissioner Hanson have been
46 examining ways for the last year and a half to comprise a housing ordinance that
47 was acceptable to the Council, as well as to residents. He continued that their
48 main objective with the point-of-sale housing ordinance was to upgrade the older
I housing stock without placing financial pressure on the owner,or seller in order to
2 meet city code.
3
4 Commissioner Thomas requested that the Council put some of their thoughts
5 down on paper and pass them along to the Planning Commission for them to
6 review in the next month, or so.
7
8 Councilmember Horst noted that there were some housing issues,such as
9 electrical,that would require an inspector to determine whether they were in
10 violation of the housing code, or not.
11
12 Mayor Hodson stated that the comments that the Council made back at their
13 annual goal setting meeting reflected that they did not want to impose a housing
14 ordinance code at this time. Mayor Hodson added that the main reasons for their
15 feelings are that there are enough checks and balances with the mortgage
16 companies at this time.
17
18 Councilmember Thuesen stated that the Council felt that most home-owners who
19 were buying a house,brought in an inspector to examine the home.
20
21 Councilmember Horst stated that the main question was whether the mortgage
22 companies require adequate checks and balances, and did not leave any room for
23 loopholes.
24
25 The Council discussed a few different housing scenarios.
26
27 Councilmember Sparks felt that she did not have enough information to make a
28 decision at this point. Councilmember Horst echoed Councilmember Sparks'
29 feelings.
30
31 Mayor Hodson stated that he was happy to revisit the housing ordinance at a later
32 date when they have a full Council.
33
34 Therefore,the Council requested more information from the Planning
35 Commission regarding the point-of-sale housing ordinance.
36
37 Commissioner Thomas thanked the Council for their time.
38
39 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
40
41 A. Resolution 02-017-Approving 2002-2003 Fire Department Union Agreement.
42 City Manager Mike Mornson reviewed the resolution with the Council. He stated that,
43 for the most part,the Agreement was consistent with what the Police Department and
44 Public Works Department have agreed to in terms of salary and health insurance.
45
46 Mornson highlighted some of the health insurance benefits that are included in the health
47 plan. Mornson indicated that some of the issues that delayed the Agreement were related
48 to retirement health insurance and 0%wage increase. He indicated that the contents of
49 the Agreement reflect what he feels is a fair compromise.
1
2 Motion by Councilmember Thuesen, second by Councilmember Horst,to approve
3 Resolution 2002-2003,re: Agreement between the City of St. Anthony and International
4 Association of Firefighters, Local 3486,representing the St. Anthony Fire Department.
5
6 Motion carried unanimously.
7
8 B. Ordinance 2002-001-Physical culture and health services and clubs (2nd readiriM
9 City Attorney Jerry Gilligan indicated that there have been a couple of revisions made
10 after the first reading. The revisions included changing some of the language in the hours
11 of operation: "no persons"was changed to"no customers". He indicated that the capital
12 investment requirement that was eliminated from the ordinance. Also, Gilligan stated
13 that they have inserted some educational requirements that massage therapists would
14 need to meet.
15
16 Motion by Councilmember Horst, second by Councilmember Sparks,to approve the
17 second reading of Ordinance 2002-001.
18
19 Motion carried unanimously.
20
21 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
22 1. Review candle manufacturing on 37`h Avenue.
23 Mornson indicated that the review of the candle manufacturing business was a request
24 from residents Doug Tanner and Steve Valek. Morrison added that other residents from
.25 the neighborhood were in attendance this evening and would like to continue to discuss.
26 some of the odor issues, some of the actions that the City is planning to pursue with the
27 company, and any response to Tanner's comments made at the last Council meeting.
28
29 Mornson indicated that the owner of the candle manufacturing company(Levitus)and the
30 owner of the property(Solie)were also in attendance this evening. Mornson added that
31 he and Assistant City Manager Susan Henry had met with Solie and Levitus and asked
32 for an update on some of the issues that were brought to their attention, such as whether
33 they were open on Sundays.
34
35 Morrison added that, at that meeting, Solie and Levitus indicated that they wanted to
36 apply to amend the conditional use permit in March in order to make their situation more
37 permanent,which they have since done. Their request is to eliminate the September 1,
38 2002 deadline.
39
40 Morrison indicated that they have an estimate on the cost to reduce the odor. He added
41 that they have requested that the amendment be considered at the April 9, 2002 City
42 Council meeting where they will have a full Council.
43
44 Mayor Hodson invited residents to come forward at this time and address the Council.
45
46 Resident Steve Valek, 2614 37`h Avenue, came forward and distributed a handout with a
47 list of names and telephone numbers of the people that have been contacted regarding
48 Essenco, formerly Home Essence.
49
I Valek stated that he was present this evening to discuss four points: additional
2 information that they have acquired relative to the odor problem at Essenco, the action
3 that the city is planning to pursue in response to the misrepresentation that Essenco used
4 in order•to acquire their conditional use permit,a response to Doug Tanner's comments
5 from the January 22,2002 City Council meeting, and the idea of Essenco wanting to
6 make their presence more permanent.
7
8 Valek stated that the information that he would be reviewing this evening was attained by
9 himself,his wife, Jennifer Tanner, and her father, Doug Tanner.
10
11 Valek indicated that they contacted a leasing agent with United properties, who lease the
12 property where Home Essence was located in St. Paul. He indicated that they received
13 several complaints from tenants about the odors caused by Home Essence. He added that
14 they were having trouble getting new tenants to move in due to the strong odor.
15
16 Valek continued that the Glincher Group,the property owners, finally made a deal with
17 Home Essence to move simply because they wanted them out of the building.
18
19 Valek referred to an interview with Ronald Paites, who manages property for the
20 Glincher Group. Paites indicated that they had a major problem with Home Essence due
21 to odors, and complaints from other tenants in the building. Valek indicated that they
22 were going to pursue legal action against Home Essence of they did not vacate the
23 property. Valek indicated that the Glincher Group lost a lot of money just to get Home
24 Essence out of the building.
25
26 Valek reviewed an interview with an employee at Ramsey Family Physicians, a company
27 located in the same building as Home Essence in St. Paul, and affected by the odors. The
28 employee stated that the odor was overwhelming inside and outside of the building, and
29 that they received several complaints from patients. He indicted that one Ramsey Family
30 Physicians employee went over to Home Essence manufacturing floor to complain about
31 the odor and made a phone call to call OSHA after visiting the floor because the fumes
32 were so intense, she was concerned about the workers.
33
34 Valek stated that the Glincher Group agreed to replace all of the carpet,wall-paper,
35 ceiling tiles, as well as repaint the space. The costs to the Glincher Group was $32,000.
36
37 Valek requested a response from the City Council regarding the misrepresentation that
38 Home Essence made in order to obtain their conditional use permit, as well as Doug
39 Tanner's comments from the January 22, 2002 City Council meeting.
40
41 Valek stated that the felt that the information that they have obtained is damaging to
42 Essenco, and feels that he cannot trust them.
43
44 Councilmember Horst asked what grounds the Glincher Group was going to take legal
45 action against Home Essence. Valek indicated that Tanner had that information,but that
46 the Glincher Group was willing to share the information, if they were contacted.
47
48 Resident Carol Patrick, 3633 Edward Street Northeast, stated she was concerned about
49 the season to come where windows will be open and time will be spent outside. She
1 asked how long the candle manufacturing company has before they make any corrections
2 to the odor.
3
4 Patrick asked what the Council planned to do when the conditional use permit expires in
5 September. She also referred to the statement that the odor could be worse, and stated
6 that they do not complain about much,but that the odor was above and beyond the
7 tolerable line.
8
9 Patrick stated that she was not calling because there is no confirmation from anyone that
10 the message is received, and she was simply unwilling to call every time she smelled the
11 odor.
12
13 Resident Mary Jo Pollak, 37th Avenue, stated that when the candle manufacturing
14 business first came into town, she did not make a big deal about it because she did not
15 smell it all the time. She stated that her son has had to visit an allergy specialist in the
16 last couple of months, which reflects the fact that there are problems associated with the
17 odor emitted from Essenco.
18
19 Resident Kimberly Shaddrick,2510 37th Avenue Northeast,reviewed her unfavorable
20 feelings about Essenco. She indicated that she had been approached by Solie and
21 Levitus, and was told that the odor could be worse. She stated that she believes that the
22 Planning Commission and City Council have, undeservingly,bent over backwards for
23 them.
24
25 Shaddrick added that she feels that Solie and Levitus are not interested in providing the
26 whole truth, and are playing games. She added that she feels that it is time for the
27 residents that are fighting the fight for the rest of the community to be treated
28 courteously,rather than told that they should have documented every moment that they
29 have smelled the odor.
30
31 Resident Dwight Skinner, 3629 Edward Street, stated that he also recalls the initial
32 promise of no odor. He added that he is a bike-rider, and noticed the odor immediately.
33 He stated that he felt that the developers of the Northwest Quadrant would be interested
34 in any actions that would reduce their property value.
35
36 Solie came forward and explained that he does not represent the business,but is the
37 property owner. He stated that all of the comments he has made.at previous meetings are
38 sincere, and that he does wish to work with the community in relation to the problem.
39
40 Solie stated that the call logs speak for themselves:
41 • 29 phone calls
42 . 22 phone calls from a residence that is not occupied
43 • 3 phone calls from one residence
44 • 2 phone calls each from two other residents
45
46 Solie added that there are twenty-five to thirty residents that are in the immediate
47 proximity of the property,none of whom seem fit to complain. He added that he spoke
48 with a resident last night that lives in the area and stated that he has not observed any
49 problems regarding odors,nor had any neighbors complained to him.
1 -
2 Solie stated that Essenco intends to present some plans to the Planning Commission and
3 the City Council over the next few weeks to install equipment that will help with the odor
4 that may be coming out of the building.
5
6 Solie concluded that he did not feel that four residents out of thirty really represent a
. 7 majority feeling of the- community regarding the.odor.' .
8
9 Levitus stated he has nothing to say.
10
11 Valek stated that his wife was outside shoveling, and Solie came up to her. He stated he
12 could smell nothing,while he held a cigarette in his hand. However,when he put the
13 cigarette out,he admitted he could smell the odor. Valek stated he was frustrated that,
14 before the Council, Solie behaves as though there is no odor.
15
16 Jennifer Tanner came forward and expressed her disappointment at this time. She
17 referred to shoveling and the constant odor. Furthermore, she expressed her
18 disappointment that it has been implied that the residents are playing games.
19
20 Tanner stated she,felt that there was a decent representation of concerned residents at the
21 meeting who are concerned about the odor, especially compared to the number of
22 residents at other meetings.
23
24 Mayor Hodson-indicated that Gilligan provided the Council with a legal opinion on the
25 issue. He added that the issue before them is that there has been a conditional use permit
26 issued through the end of August. He added that they do not have a remedy for the
27 residents at this point.
28
29 Mayor Hodson reiterated that the area is a light industrial area, and needs to be
30 considered as such.
31
32 Councilmember Horst explained that until the end of August,there really does not exist
33 any option.
34
35 Mornson explained that the decision of permanence will be made within the next six
36 weeks.
37
38 Mayor Hodson stated that the phone calls are not in vain, as all of the Councilmembers
39 and city staff see the call sheets.
40
41 Jennifer Tanner expressed her disappointment with the situation, as she and her husband
42 and father have spent a great deal of time and effort on the issue.
43
44 Valek added that there are residents who simply do not want to invest the time in making
45 a phone call, or attending a meeting. Mayor Hodson suggested that those people come to
46 his coffee with the mayor on Saturday morning from 7:30 am to 10:30 am.
47
48 Councilmember Sparks referred to a part in the approved conditional use permit that
49 requires that reasonable efforts be made to eliminate_or remediate odors. She asked
1 Gilligan how it is determined as to whether they are meeting that standard. Gilligan
2 stated that they have not had that discussion to them, and that the thought was that they
3 were going to look at different options for equipment.
4
5 Mayor Hodson asked if anything has been done to remediate the odors at this point.
6
7 Solie reiterated that they had a consultant involved who will be presenting a plan to the
8 Planning Commission and the City Council at future meetings. In response to residents
9 calling every time they smell the odor,he asked if he should call every time he does not
10 smell the odor.
11
12 Tanner came forward and expressed her desire that everyone remain civil to one another,
13 and that the immature dialogue does not belong in a meeting of this type.
14
15 Mayor Hodson asked for any additional comments.
16
17 Mornson restated the public hearing dates: March 19, and April 9. He added that
18 residents who live within 350 feet of the candle manufacturing company will receive a
19 notice of the public hearings.
20
21 The Council thanked all of the residents for their time.
22
23 Morrison reminded the Council that the League of Minnesota Cities Lobby Day is
24 February 28, 2002 at the Sheraton.
25
26 Mornson stated that Mayor Hodson met with a committee to discuss redevelopment funds
27 for the Metropolitan Council. Mornson indicated that he met with the House
28 Environmental Committee on flood bonding bill. He added that the city looks good at
29 this point to proceed with the last stage of the flood plan.
30
31 Mornson stated that the bid opening for the parks buildings was on February 19, 2002.
32 He indicated that the Parks Commission will consider them at their March 11 meeting;
33 Council will consider them at their March 12, 2002 meeting. He added that the early
34 indication was that the bid was less than the estimate was.
35
36 Momson stated that the public hearing regarding the DNR Grant for Central Park would
37 be rescheduled for March 26, 2002.
38
39 Mornson stated that they have been proceeding with Pratt/Ordway Dominium on a
40 redevelopment agreement. He added that the redevelopment agreement would be
41 approved at the April 23, 2002 meeting.
42
43 Mornson referred to the Council's desire to have a media consultant assist them with the
44 promotion of the Apache redevelopment in order to enhance the visibility of the project
45 for the purpose of obtaining more funding. He discussed the media kit that a meeting
46 consultant would help them develop.
47
48 Mornson mentioned a meeting that he and the mayor will have with Ted Grindahl, a
49 lobbyist who helps communities with outside funding. Morrison requested that Grindahl
I put proposal together of a feasibility study in order to determine what funding is available
2 for the Apache project. Momson indicated that for$2500 they would be able to tap into.
3 various state-funded programs to determine how much other funding is available for
4 demolition,renovation, transportation,etc. issues for Apache Plaza.
5
6 Mornson recommended that they make the motion to hire the media consultant for the
7 remainder of the year at the cost of$10,000, as well as hire the firm that Ted Grindahl
8 works for at the cost of$2500. He indicated that the funding would immediately come
9 from the H.R.A. account,but would be largely reimbursed by Pratt/Ordway Dominium.
10
11 Councilmember Thuesen asked about the primary role of the media consultant. Mayor
12 Hodson indicated that it was for the purpose of getting the issue in front of the legislature,
13 in the newspapers, and in the community.
14
15 Motion by Councilmember Horst, second by Councilmember Sparks,to hire both a
16 media consultant and a lobbyist to aid with outside funding for the Northwest Quadrant
17 redevelopment project for the remainder of the year.
18
19 Motion carried unanimously.
20
21 Mornson highlighted the Police open house to be held on May 9, 2002.
22
23 Mornson indicated that he would be meeting soon with Jim Prosser and the charitable
24 gambling board to begin discussions on the future plans with the Stonehouse.
25
26 Councilmembers Horst, Sparks,and Thuesen had nothing new to report this evening.
27
28 Mayor Hodson stated that he met with the North Metropolitan Mayors Association a
29 week ago and stated that the City of St. Anthony is the only city in the North
30 Metropolitan area that is not a member of the association. He stated that he was invited
31 to join them in part because of his background with the Department of Transportation.
32 Mayor Hodson asked for the Council to consider joining the association.
33
34 Councilmember Thuesen asked about the kind of financial commitment the membership
35 would be for the city. Mayor Hodson stated the cost would be about$4,000.
36 Councilmember Thuesen suggested that Mayor Hodson present them with the benefits of
37 the membership at a future meeting. Mayor Hodson stated that he would have an existing
38 member come to a future meeting for the purpose of informing the Council of the
39 benefits of the membership.
40
41 IX. INFORMATION AND ANNOUNCEMENTS.
42 None.
43
44 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
45 None.
46
47 M. ADJOURNMENT.
48 Motion by Councilmember Sparks, second by Councilmember Horst, to adjourn the meeting at
49 9:48 p.m.
1 .
2 Motion carried unanimously.
3
4 Respectfully submitted,
5
6
.. 7 Courtney Seesz
8 Timesaver Off Site Secretarial, Inc.
9
10 Mayor
11 ATTEST:
12 City Clerk