HomeMy WebLinkAboutCC MINUTES 11272001 Meeting Sheet
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Folder: CC MINUTES AND AGENDAS 2001
Document: CC MINUTES 11272001
1 CITY OF ST. ANTHONY
• CITY COUNCIL REGULAR MEETING MINUTES
3 November 27, 2001
4 I. CALL TO ORDER
5 Mayor Hodson called the meeting to order at 7:00 p.m.
6 II. PLEDGE OF ALLEGIANCE.
7 Mayor Hodson invited the Council and the audience to join in the Pledge of Allegiance.
8 III. ROLL CALL.
9 Councilmembers present: Mayor Hodson; Councilmembers Sparks, Thuesen, Horst
10 and Faust.
11 Councilmembers absent: None.
12 Also present: City Manager Mike Mornson; City Attorney Jerry
13 Gilligan.
14 IV. APPROVAL OF NOVEMBER 27,2001 CITY COUNCIL REGULAR MEETING
15 AGENDA.
16 Motion by Councilmember Sparks to approve the November 27, 2001 City Council Regular
17 Meeting Agenda.
IR Motion carried unanimously.
19 V. PROCLAMATIONS AND RECOGNITIONS.
20 Mayor Hodson stated that Boy Scout Troop#711 and Troopleader Steve Hamiline were present
21 this evening. Mr. Hamiline indicated that they were present in order to fulfill the obligation for
22 their Citizen in Community Merit Badge.
23 Mayor Hodson thanked them for their presence.
24 VI. COMMUNITY FORUM.
25 Mayor Hodson invited residents in the audience to speak to the Council on items that are not on
26 the regular agenda.
27 Hearing none, Mayor Hodson moved forward with the agenda.
28 VII. CONSENT AGENDA.
29 Motion by Councilmember Thuesen to approve the Consent Agenda. Said Consent Agenda
30 consisted of:
31 A. Council Study Session Meeting Minutes—November 13, 2001; and
32 B. Licenses/Permits; and
33 C. Claims; and
WD. Resolution 01-086, re: Approve City Manager's Salary.
35 Motion carried 4-0. Faust abstained.
City Council Regular Meeting Minutes
November 27, 2001
Page 2
•
1 VIII. PUBLIC HEARINGS.
2 None.
3 IX. REPORTS FROM COMMISSION AND STAFF.
4 A. Planning Commission—November 20. 2001.
5 1. Resolution 01-089,re: Approve ordinance amendment request from Ken Solie for
6 2801-37'Avenue NE.
7 Planning Commissioner Chair Melsha reviewed the details of Resolution 01-089 with the
8 Council.
9 Melsha stated that the Commission recommended denial of amending the ordinance. He
10 stated that the Commission also recommended that Mr. Solie apply for a conditional use
11 permit.
12 Councilmember Sparks asked how about the length of the process as a conditional use
13 permit. City Attorney Jerry Gilligan stated that it would take about thirty days.
14 Councilmember Sparks asked about the conditional uses to be included in the conditional
15 use permit. Melsha indicated that quantifying conditions is their most difficult task. He
indicated that the Planning Commission did not discuss the conditions at their last
meeting.
18 Councilmember Sparks asked if it was possible to set a limit in terms of odor and
19 something that they can enforce as a city. Gilligan stated that it was very difficult to do.
20 He added that, as a conditional use, there would exist some grounds for them more room
21 for enforcement of the conditional use.
22 Councilmember Thuesen stated that he was in favor of a conditional use permit for the
23 space.
24 Councilmember Horst asked what was and was not included under light industrial. He
25 added that he was concerned that their own needs could over-shadow businesses from
26 entering the city. He made reference to some of the fast-food restaurants in town that
27 emit some sort of odor.
28 Steve Levitus, President of Essenco, came forward and indicated that the fragrance is
29 very contained, and unlikely that the fragrances would escape the building to the extent
30 that they would reach residents across the street.
31 Ken Solie,owner of the property, came forward with a diagram of the discussed location.
32 He indicated that there are no service doors on 37' Street. Solie stated that the building
is set up with very extensive ventilation due to the past tenant, and that fragrances can
only escape through the back of the building. He concluded that he does not fear that
35 there will be an issue with fragrance.
City Council Regular Meeting Minutes
November 27, 2001
Page 3
Councilmember Faust asked Levitus about the level of production that they practice at
2 his company. Levitus indicated that they are at the low-end of their mass market in terms
3 of percentage of fragrance by weight.
4 Mayor Hodson stated that he would like to see the Planning Commission review the
5 conditional use permit route and the associated conditions. He added that Solie had
6 written a letter to the city back on November 25, 2001, and asked Mr. Solie to share the
7 contents of his letter.
8 Councilmember Sparks clarified that the only problem that they are facing at this point
9 with a conditional use permit was that it delayed Essenco's occupying the space by one
10 month. Levitus agreed, and added that the one-month delay was quite an inconvenience
11 to them.
12 Solie's letter explained the history of the process that they have undergone thus far,
13 which has been quite extensive. He expressed his disappointment with the unforeseen
14 obstacles that they have faced. He added that they fully understood taking the route of
15 conditional use permit, but added that it delayed the process another thirty days.
16 Solie indicated that they could set a certain criteria between themselves and City Staff.
17 Gilligan indicated that the problem would exist with the next candle manufacturer that
would come to town and want to enter the same facility. He indicated that the city would
not have the same set of standards if they did not get a conditional use permit.
20 Mayor Hodson asked Gilligan for his recommendation. Gilligan recommended that they
21 use a conditional use permit, in order to protect them from future candle-making
22 companies from entering under the same conditions.
23 Councilmember Horst indicated that they were trying to quantify the odor issue, which is
24 not possible, and felt that they were over-discussing the issue. He added that he did not
25 want to throw all caution to the wind.
26 Councilmember Thuesen agreed with Councilmember Horst when he stated that they do
27 not examine the potential odor of other establishments, which emit odors.
28 Councilmember Horst added that he would prefer to set conditions under a conditional
29 use permit.
30 Levitus stated that there have been several different candle-making companies that have
31 gone into several suburbs of Minneapolis within the last couple of years.
32 Councilmember Thuesen wondered if it shorten the length of the process if the Council
33 denied the request for tonight and recommended going the route of a conditional use
it permit also approving an ordinance that would allow the production of wax.
35 Gilligan stated that if they did the ordinance amendment tonight,as well, they would
36 save a couple of weeks,by eliminating one step in the process.
City Council Regular Meeting Minutes
November 27, 2001
Page 4
The Council decided that they would like to take the route of conditional use permit,
2 while still helping to move the process along for Mr. Solie and Mr. Levitus.
3 Motion by Councilmember Sparks to amend code 1640.03 to add as a conditional
4 permitted use the manufacturing of scented wax candles.
5 Motion carried unanimously.
6 2. Resolution 01-090, re: Approve conditional use permit request from Michele Rae
7 for 2500 Highway 88.
8 Planning Commission Chair Melsha reviewed the details of Resolution 01-090 with the
9 Council, and mentioned that Michele Rae was present to answer any questions regarding
10 her request.
11 Michele Rae came forward to review Curves for Women, and the type of workout that it
12 provides women.
13 Councilmember Horst confirmed that the establishment is for women only. He also
14 confirmed that there is no plan for a locker room facility in the establishment.
15 Motion by Councilmember Sparks to approve Resolution 01-090, re: Approve ordinance
request from Michele Rae for 2500 Highway 88, under the findings of the Planning
0 Commission.
18 Motion carried unanimously.
19 3. Resolution 01-091, re: Approve conditional use permit request from Village
20 Blend for 2900 Pentagon Drive.
21 Planning Commission Chair Melsha reviewed the details of Resolution 01-091 with the
22 Council, and mentioned that Mr. and Mrs. Pavelka and Tom Brever were present to
23 answer any questions regarding their request.
24 Brever, attorney to the Pavelka's and proposed investor of the Village Blend Cafd, came
25 forward to address the Council. He stated that the issue as to whether, or not this
26 constitutes a restaurant comes up under the conditional use permit.
27 Brever reviewed the definition of restaurant under two different statutes. He stated that
28 the statutes have recently been construed under a recent court decision. He added that he
29 feels that the Village Blends Cafd does constitute a restaurant under Minnesota statute.
30 Councilmember Horst asked if they have thought about the restaurant element of the
31 proposed Cafe;growing. Brever indicated that they plan to take small steps toward a
32 fuller-service kitchen.
0 Motion by Councilmember Thuesen to approve Resolution 01-091, re: Approve
34 conditional use permit request from Village Blend for 2900 Pentagon Drive under the
35 findings of the Planning Commission.
City Council Regular Meeting Minutes
November 27, 2001
Page 5
Motion carried 4-0. Hodson abstained.
2 4. Ordinance 2001-004, re: Wireless Telecommunication Towers and Facilities
3 Ordinance (1"reading).
4 Melsha indicated that the ordinance has been an issue for them for over a year. He
5 reviewed the ordinance with the Council, and provided them with additional details of the
6 process that they have undergone.
7 Melsha touched on a couple of the definitions contained in the ordinance and expounded
8 on them for the Council.
9 Melsha stated that the idea was to encourage and require that Wireless
10 Telecommunication Facilities (WTFs) be collocated.
11 Mayor Hodson commended Melsha on an outstanding job on the ordinance. He
12 indicated that they were several dead-areas in the city, and asked if there have been any
13 wireless service providers that they have had to deny their entering the city in the past.
14 Melsha indicated that he was not aware of any wireless service providers have been
15 denied entering the City of St. Anthony.
16 Councilmember Thuesen also commended Melsha and the Planning Commission. He
referred to the ordinance and asked about Subdivision 10, letter B in the ordinance, and
41 asked how likely is it that wireless service providers will do their best to collocate.
19 Melsha stated that there is certainly a spirit there, but it was certainly something with
20 which the Planning Commission struggles.
21 Councilmember Horst stated that the ordinance covers antennas that are located both on
22 city-owned properties and industrial zones, and asked if the ordinance covered private
23 properties, as well. Melsha stated that the two areas that Councilmember Horst
24 mentioned could be administratively approved, and that other areas could be used as
25 conditional use permit.
26 Motion by Councilmember Faust to approve Ordinance 2001-004, re: Wireless
27 Telecommunication Towers and Facilities Ordinance(1"reading).
28 Motion carried unanimously.
29 Mayor Hodson kindly gave the Boy Scout Troop#711 the opportunity to leave at this
30 time. The troop gladly accepted and left Council Chambers at 8:23 p.m.
31 B. City of St. Anthony Emergency Plan (Chief Engstrom Chief of Police and Fire Chief
32 Hewitt will be present).
Chief Engstrom came forward to address the Council. Chief Engstrom explained that there have
46 been a lot of questions from the community regarding their Emergency Plan. He added that
35 many of the phone-calls that they have received were regarding in-coming mail, and safety of
36 the water supply.
City Council Regular Meeting Minutes
November 27, 2001
Page 6
Chief Hewitt stated that the Emergency Plan was a result of a City Council Resolution in 1972,
2 and is managed by the Emergency Manager(Fire Chief).
3 CITY EMERGENCY PLAN
4 • Plan utilizes all City Departments to manage an emergency.
5 • Emergencies include:
6 o Large complex fire incidents
7 o Wind/winter storms
8 o Natural disasters
9 o Hazardous materials releases
10 o Mass casualty incidents
11 o Radiological incidents
12 Utilizes the Public Works for:
13 o Engineering
14 o Debris removal
15 o Utilities
16 Utilizes the Fire Department for:
17 o Fire suppression
18 o Search and rescue
19 o Communications/Incident Management
o Emergency medical services
o Mitigate/Control hazardous materials releases
22 Utilizes the Police Department for:
23 o Law enforcement
24 o Traffic control
25 o Security
26 o Evacuation
27 Utilizes the City Manager for:
28 o Initiate the emergency call list
29 o Obtain reports and initiate a record keeping system
30 o Set up emergency City Administration
31 o Conduct disaster survey with Mayor
32 o Check out local needs of residents/business'
33 Utilizes the Mayor for:
34 o Obtains information from the City Manager and Emergency Manager on
35 emergency conditions
36 o Conducts tours of disaster sites, as appropriate
37 o Prepares press and informational releases
38 o Makes contact with County, State Agencies and Governor
39 o Coordinates information with city PIO
Hewitt stated that the City of St. Anthony does not have a plan for terrorism, bio-terrorism,
IN chemical warfare, nor weapons of mass destruction. He added that there is no handbook on what
42 to do, and that they are creating what to do, since the events of September 11, 2001,which is not
43 to say that there is no plan at all.
City Council Regular Meeting Minutes
November 27, 2001
Page 7
Hewitt added that the city's Emergency Plan does have plans within it to deal with weapons of
2 mass destruction, or bio-terrorism. He indicated that the Fire Department does not have the
3 ability to handle a terroristic attack alone, but that a response would either be regional, or
4 involve several departments, utilizing resources from surrounding departments and agencies.
5 Hewitt reviewed the areas within the state that have equipment and staff to aid the City of St.
6 Anthony in the case of an emergency.
7 Hewitt indicated that the Fire Department has daily contacts with the Hennepin Sheriff and FBI
8 providing up-to-date information and alerts. He added that he also has daily contact with other
9 Fire Chiefs, and good working relationships with other agencies.
10 Engstrom stated that the Police Department also has daily contacts with either the FBI, county,
11 or state. He added that there will be a program put on by Minnesota Management Systems the
12 morning of November 28, 2001, and that attendance should be mandatory for the Fire
13 Department and the Police Department.
14 Hewitt stated that, like everyone else, they are on constant alert, not panicking, and are aware of
15 what is going on around them. He asked that everyone else also be aware of what is going on
16 around him or her, as well, and to report anything that is suspicious. He added that it is as
17 important that we all go on with our lives.
QEngstrom stated that no one could be prepared for what has happened, and stated that he has a
19 copy of the individual strategies and plans for each city. He added that he felt that they were
20 doing a pretty good job in their cooperation efforts and return to normalcy.
21 Mayor Hodson thanked Engstrom and Hewitt for their commitment to come forward and share
22 the Emergency Plan for the City of St. Anthony in case of an emergency.
23 Councilmember Sparks asked what the role was of the Chief Health Officer in the Emergency
24 Plan. Engstrom indicated that Dr. Carr was in that role, but that he was uncertain of his role.
25 Morrison indicated that he did not think that there was much of a role, if any, for the Chief
26 Health Officer to play. Mayor Hodson asked that Engstrom look into the potential role of the
27 Chief Health Officer in the Emergency Plan.
28 Mayor Hodson thanked the Engstrom and Hewitt for addressing the Council and public this
29 evening on the Emergency Plan for the City of St. Anthony.
30 X. GENERAL POLICY BUSINESS OF THE COUNCIL.
31 A. Resolution 01-087, re: Approve union agreement with Police Department and Resolution
32 01-088,re: Approve union agreement with Public Works Department.
33 City Manager Mike Morrison reviewed the resolutions with the Council. He indicated that,
34 under the contracts that were agreed to, they went under mediation and came to an agreement.
0 Morrison stated that it was good that they came to an agreement before the end of the year. He
36 reviewed the changes for the Public Works contract, as well as the changes for the Police
37 Contract.
City Council Regular Meeting Minutes
November 27, 2001
Page 8
Mornson stated that the Fire Fighters contract has been rejected by the Fire Fighters.
2 Mayor Hodson asked what happens come December 31, 2001 with the Fire Fighters. Mornson
3 indicated that nothing changes for them until an agreement is reached. He added that there has
4 not been a conversation with them since they have rejected the offer. He stated that they meet
5 again, but his opinion is that, as a city, it will be difficult to compromise what they have offered
6 the Fire Fighters because it has been accepted by two of the other unions. Mornson stated that
7 he shared that information with the Fire Fighters.
8 Councilmember Sparks asked Mornson what the stumbling block was with the Fire Fighters
9 contract. Mornson indicated that it was not clear to him either, but speculated. He stated that
10 one of the issues was that they are looking for 80%coverage of family health insurance.
11 Councilmember Sparks asked what the coverage was at this time. Mornson indicated that it is
12 between 68-72%.
13 Mornson continued that the Fire Department would like to negotiate the terms and conditions of
14 the housing code enforcement.
15 Mornson stated that his position is to stick with what has been agreeable for the Police and
16 Public Works Departments.
Motion by Councilmember Sparks to adopt Resolution 01-087, re: Approve union agreement
with Police Department and Resolution 01-088, re: Approve union agreement with Public Works
19 Department.
20 Motion carried unanimously.
21 XI. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
22 Mornson indicated that there has been a lot of interest in the openings on the Parks and Planning
23 Commissions. He reviewed the status of the interviews, and asked the Council what path they
24 wanted to take.
25 Councilmember Thuesen stated that he was in favor of interviewing all candidates. It was
26 immediately determined that it was a unanimous decision on behalf of the Council that all
27 candidates be interviewed.
28 Mornson indicated the primary reason for the City Council Study Session Meeting of December
29 6,2001. He stated that he and Jim Prosser and John Shardlow interviewed several development
30 proposals. He indicated that a decision did not need to be made tonight, but wanted the
31 Councilmembers to give it some thought.
32 Councilmember Sparks requested any information about the developers before the meeting of
33 December 6, 2001.
0 Mayor Hodson asked when they would receive the community surveys back from residents.
35 Mornson indicated that they should have them back by the beginning of 2002.
City Council Regular Meeting Minutes
November 27, 2001
Page 9
Mornson stated he and Mayor Hodson would be attending a State-of-the-Region address on
2 December 12, 2001 where they will discuss the different projects of the Metropolitan Council.
3 He encouraged other Councilmembers to attend.
4 XII. INFORMATION AND ANNOUNCEMENTS.
5 Councilmember Faust stated that he had attended a League of Minnesota Cities Policy Adoption
6 Conference on November 16, 2001 where they adopted the League of Minnesota Cities Top Ten
7 Priorities which will be contained in the League of Minnesota Cities newsletter. He added it was
8 good to be back to re-establish some contacts.
9 Mayor Hodson indicated that he was starting a"Coffee With the Mayor" get-together on
10 Saturday morning, December 1, 2001 from 7:30 a.m. to 9:30 a.m. in Council Chambers.
11 XIII. ADJOURNMENT.
12 Motion by Councilmember Thuesen to adjourn the meeting at 9:13 p.m.
13 Motion carried unanimously.
14 Respectfully submitted,
Courtney Seesz
TimeSaver Off Site Secretarial, Inc.
17
18 Mayor
19 ATTEST:
20 City Clerk
0