HomeMy WebLinkAboutCC MINUTES 01082002 Meeting Sheet
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Folder: CC MINUTES AND AGENDAS 2002
Document: CC MINUTES 01082002
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
5 January 8, 2002
6
7
8 CALL TO ORDER.
9 Mayor Hodson called the meeting to order at 7:00 p.m.
10
1 1 PLEDGE OF ALLEGIANCE.
12 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.
13
14 ROLL CALL.
15 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust.
16 Absent: None.
17 Also Present: City Manager Mike Mornson; City Attorney Jerry Gilligan.
18
19 APPOINTMENT TO CITY COUNCIL VACANCY/SWEARING IN.
20 Mayor Hodson requested a motion for the swearing in of Jerry Faust.
21
22 Motion by Councilmember Thuesen to appoint Jerry Faust for the remaining two years for the vacant
23 seat on the City Council.
24
Councilmember Sparks stated that she still felt that the City Council should have gone through an
appointment process.
27
28 Mayor Hodson stated that Faust's credentials speak for themselves.
29
30 Motion carried 3-1. Councilmember Sparks opposed.
31
32 CONSIDERATION,DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
33 ITEMS.
34
35 I. APPROVAL OF JANUARY 8,2002 CITY COUNCIL MEETING AGENDA.
36 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of January 8,
37 2002.
38
39 Motion carried unanimously.
40
41 II. PROCLAMATIONS AND RECOGNITIONS.
42 None.
43
44 III. COMMUNITY FORUM.
45 Resident Hawken Light was present to address the Council regarding the gymnasium that is
46 located in the Community Center, as well as teen activities in the community.
0 Light stated that he has tried to use the gymnasium several times. He indicated that he has
49 spoken to the various people that schedule time in the gym. He questioned why the fee-rate was
City Council Regular Meeting Minutes
January 8, 2002
• Page 2
1 so high for private use, citing a$50.00 per hour fee. He continued that he had requested use for
2 a church basketball team, and was told that the fee could only be lowered to $30.00.
3
4 Light asked if the Sports Boosters were required to pay a certain fee when they use the gym.
5 Mornson stated that they do not have to pay anything for use of the gym. He stated that they
6 contributed to the storage room of the gym, as well as the planning of the actual building.
7
8 Mornson continued that the City has an agreement with both the Sports Boosters and the School
9 District that community services and the Sports Boosters get first priority based on the fact that
10 they both provide youth services to the community.
11
12 Light asked if the church basketball team would be able to use the gym free of charge, provided
13 they use their own balls and have adult supervision. He continued that playing basketball is
14 good activity for them and keeps them busy.
15
16 Light asked if the Council knew what was happening with the proposed teen-program
17 development, stating that he has heard promises, but seen nothing. He added that it is
18 challenging to find things to do in the community, and that venturing out to neighboring cities
19 constitutes getting a ride, or having a license and access to a car.
20
Councilmember Sparks asked if Light was aware of the community prevention coalition, and
highlighted the Safe and Affordable Activities for Youth Committee led by Sharon Walker. She
23 continued that they have tried to focus on a number of activities, and that, while no progress has
24 been made, the Teen Center has been mentioned. She concluded that she felt his request was
25 valid for free use of the Community Center.
26
27 Mornson stated that gym fees, and allowing church groups free access, was discussed a while
28 ago, and that it was determined back then that they should have some sort of fee because of all of
29 the churches in the area and the potential for them to monopolize the gym.
30
31 Councilmember Sparks stated that she would like to look at youth activities and how they charge
32 for them. Mayor Hodson agreed with Councilmember Sparks and stated that he frequently hears
33 complaints of the lack of activities for youths within the City of St. Anthony.
34
35 Mayor Hodson encouraged Light to continue with his participation in the Safe and Affordable
36 Activities for Youth Committee.
37
38 Councilmember Thuesen stated that he has wanted to address this issue prior to this evening. He
39 added that they should to discuss hiring someone as a monitor for the gym at the City Council
40 annual goal-setting meeting.
41
42 The Council thanked Light for his presence and input.
0 Jerry Faust was sworn in by City Clerk Connie Kroeplin, at 7:16 p.m.
45
City Council Regular Meeting Minutes
January 8, 2002
Page 3
1 Mayor Hodson asked if there were any other residents wishing to address the Council at this
2 time. Hearing none, Mayor Hodson moved forward with the agenda.
3
4 IV. CONSENT AGENDA.
5 1. Approve December 11, 2001 City Council meeting minutes.
6 2. Approve licenses and permits.
7 3. Annrove claims.
8 4. Resolutions 02-001 through 02-011 (annual "housekeeping"resolutions).
9 001-Designate Acting Mayor for 2002
10 002-Authorize persons to make certain transactions to City accounts
11 003-Designate official depository for City funds
12 004-Designate Public Health Officer
13 005-Designate legal newspaper
14 006-010-Designate Mayor and Councilmember's participation in outside organizations
15 5. Ordinance 2001-004,re: Wireless Telecommunication Towers and Facilities(third
16 reading).
17
18 Mayor Hodson indicated that Dr. Carr has been the City's Public Health Officer for nearly
19 twenty-five years,and wanted to resign from the position. Mayor Hodson indicated that he had
90 an individual in mind for the position of Public Health Officer for the City of St. Anthony, and
I? would like to pull the item from the Consent Agenda at this time.
23 Mayor Hodson stated that some corrections have been made in the Councilmember's packets to
24 Resolutions 02-008 through 02-010.
25
26 Morrison added that Councilmember Sparks would fill-in as Acting Mayor, in the event of
27 Mayor Hodson's absence.
28
29 Motion by Councilmember Sparks to approve the Consent Agenda, as amended above.
30
31 Motion carried unanimously.
32
33 V. PUBLIC HEARINGS.
34 1. Consider amendment to redevelopment plans and Chandler Place Tax Increment Financing
35 District(Resolution 02-015).
36 City Attorney Jerry Gilligan reviewed the amendment. He stated that the amendment includes
37 some additional property in the area subject to the redevelopment plans for the purpose of
38 making expenditures of TIF with respect to that, which amends the budget for the Chandler TIF
39 District to authorize those expenditures.
40
41 Mornson reviewed the third section of the resolution with the Council which stated that they
42 have the ability to complete an internal loan, if necessary, from one district to the Chandler Tax
Increment District.
City Council Regular Meeting Minutes
January 8, 2002
0 Page 4
1 Motion by Councilmember Faust to approve Resolution 02-015, re: Considering amendment to
2 redevelopment plans and Chandler Place Tax Increment Financing District.
3
4 Motion carried unanimously.
5
6 VI. REPORTS FROM COMMISSIONS AND STAFF.
7 1. Planning Commission-December 18. 2001:
8 A. Village North, LLP; for 2801-37`'Avenue NE; conditional use permit for
9 packaging of wax and other components into candle products (Resolution 02-
10 016).
11
12 Planning Commissioner Steeves came forward to provide the Council with a
13 background on the property at Village North. He stated that the Planning
14 Commission concluded that the issue is a nuisance of smell, thus, very difficult to
15 determine a way in which it could be measured.
16
17 Commissioner Steeves added that the Planning Commission recommends that
18 they grant Essenco a 120-day temporary conditional use permit. He stated that the
19 120-day period would essentially be a test period after which the applicant would
2 come back before the Planning Commission who would then be able to either
apply appropriate conditions to the permit, or determine that the odor was
injurious to property owners.
23
24 Councilmember Thuesen stated that he appreciated the thoroughness of the
25 Planning Commission regarding the Village North property. He highlighted the
26 fact that Essenco, the candle-making company, ceased their operations, but there
27 was still an odor that came from the building.
28
29 Commissioner Steeves indicated that they were unable to ascertain exactly when
30 the operations ceased,thus, making it difficult to determine the extent of the
31 nuisance of the odor.
32
33 Councilmember Thuesen questioned if the 120-day period was excessive.
34
35 Commissioner Steeves stated that the Planning Commission felt the
36 recommendation that they have made was the best that they were able to come up
37 with at the time.
38
39 Gilligan highlighted that attaching a period of time to the permit meant that
40 Essenco would need to come back and re-apply for their permit before the end of
41 the 120-day period.
42
Councilmember Horst stated that, if any problems persisted related to odor, he
would not be in favor of approving the permit.
45
City Council Regular Meeting Minutes
• January 8, 2002
Page 5
1 Ken Solie,owner of the property, came forward and indicated that he and
2 Essenco did not feel that the 120-day period was enough time to run the business,
3 discover a problem and take care of the problem. He indicated that Charles
4 McGinley, McGinley and Associates, was present to address the Council and
5 related concerns.
6
7 McGinley stated that the Metropolitan Council has been running an odor
8 laboratory at which odors are measured and quantified for over 20 years. He
9 continued that St. Croix Sensory Laboratories,the laboratory to which he is
10 associated,could assist the City of St. Anthony in developing an odor ordinance,
1 1 if they chose to do so.
12
13 McGinley continued that several types of establishments emit odors of some sort.
14 He stated that he has been working with Essenco for seven days and has
15 established a couple of ways that they could improve the ventilation from within
16 the building.
17
18 McGinley reviewed the different elements of odor measurement. He stated that
19 whether an individual likes, or dislikes an odor is the only subjective parameter of
odor.
Councilmember Horst expressed his concern with the difficulty of guaranteeing
23 that Essenco follows through with their promises to fix problems associated with
24 odor.
25
26 Councilmember Sparks asked what level of smell was acceptable, and when that
27 line may be crossed. McGinley responded that there are two ways to measure
28 acceptability standards. He indicated that they were able to limits on the length of
29 time that the smell was accepted (e.g.: 98%acceptability rate means that the odor
30 cannot be smelled more than 2%of the time through the course of a year.)
31
32 Councilmember Sparks confirmed that if the City chooses to set standards, it was
33 possible. McGinley concurred.
34
35 Mayor Hodson stated he felt it was a difficult standard. He indicated that,
36 although he was struggling with the issue, he felt that they have a considerable
37 amount of options for the space that would be much more objectionable.
38
39 The Council discussed the situation related to the nature of businesses and zoning,
40 as well as their desire to be sensitive to residents.
41
42 Councilmember Faust mentioned the training from Metropolitan Council.
McGinley stated that the inspectors who are trained to quantify odors are trained
it in different ways. He continued that frequency of odor could be far more
45 important than strength of odor when assessing an odor.
City Council Regular Meeting Minutes
• January 8, 2002
Page 6
1
2 Councilmember Faust asked if there existed a national standard where odor and
3 acceptability rate are concerned. McGinley stated that there does not exist a
4 national standard where odor is concerned.
5
6 Mayor Hodson suggested that the City of St. Anthony hold a 98%acceptability
7 standard. McGinley stated that 95%was much more reasonable.
8
9 Councilmember Faust stated that a couple of City employees would need to be
10 trained by the Metropolitan Council, if they chose to take the route of an
11 acceptability standard.
12
13 Mayor Hodson stated that he felt that the criteria existed from which to create
14 guidelines for a conditional use permit.
15
16 McGinley stated that there would need to be some sort of time period where the
17 manufacturer had the opportunity to demonstrate compliance.
18
19 Mornson stated that he felt that it would be very difficult to police the issue
regarding the 95%acceptability standard.
Councilmember Thuesen stated that he, too, felt that the 95%acceptability
23 standard would be too difficult to enforce.
24
25 Councilmember Sparks suggested that, instead of the 95% standard, they count
26 the number of phone-calls that they receive from residents.
27
28 Resident Doug Tanner came forward and stated the smell is present, and
29 offensive. He stated that he was very disappointed with the 120-day test period
30 for a couple of reasons. He noted that it is wintertime and windows are closed.
31 He asked if, after 120 days,the smell is not gone and there is still an odor, that
32 Essenco is forced to fix the problem, or not granted a permit.
33
34 Solie stated that the 120-day period was simply not enough time to discover a
35 problem, fix the problem, and continue operating to see that the problem is indeed
36 fixed. He added that a time-line was not the best way to handle the situation. He
37 suggested that they be able to operate with a conditional use permit, and fix
38 problems as they arise.
39
40 Councilmember Thuesen asked for Gilligan's opinion on the subject. Gilligan
41 stated that he thought it would be very difficult to determine satisfactory progress
4 without a timeline. Gilligan continued that they could establish some objective
standards, such as the specific equipment that would be installed, by which to
measure progress.
45
City Council Regular Meeting Minutes
• January 8, 2002
Page 7
1 Tanner stated that he did not feel that the words"good faith"were appropriate
2 where Essenco was concerned, highlighting the fact that they were up and
3 running before they had a permit at all.
4
5 Steve Levitus, owner of Essenco, came forward and stated that the early start-up
6 was a genuine misunderstanding on their behalf. He added that they have not
7 been operating for several weeks, and stated that he was completely committed to
8 working with the community.
9
10 Mayor Hodson asked City staff if there was enough information for them to draft
11 an ordinance at this time, in order to give Essenco the ability to begin operations
12 again.
13
14 Gilligan stated that it was difficult to do. He suggested that they set a time limit,
15 after which they could pull the conditional use if requirements of the permit were
16 not met.
17
18 After much discussion, the Council decided to draft a revised version of the
19 conditional use permit that the Planning Commission recommended. They
decided that they would grant the permit based on a trial period that expires on
0 September 1, 2002.
23 Councilmember Sparks was in disagreement with the length of time, feeling that
24 it was far too long.
25
26 Solie stated that they could not appropriately respond to the requirements of a
27 conditional use permit based on a 6-month trial period. He added that, if that
28 were the case,they would simply revoke their request tonight.
29
30 Resident Jennifer Tanner stated that her greatest concern was over what was
31 being done in"good faith" at this time to remedy the identified odor problem.
32
33 Mayor Hodson clarified that the Council would only grant the permit through
34 September 1, 2002.
35
36 Solie and Levitus indicated that the September 1, 2002 deadline was simply not
37 long enough for them. Gilligan suggested that the Council went forth with a
38 motion,and that Essenco determine what they will do once the motion has been
39 made.
40
41 Motion by Councilmember Faust to grant the conditional use permit for Village
42 North, LLP, 280137" Avenue Northeast with the following conditions:
40 • Candle manufacturing can only occur between the hours of 6:00 a.m.
4-t through 4:00 p.m., Monday through Saturday.
City Council Regular Meeting Minutes
• January 8, 2002
Page 8
1 • The operation can operate until September 1, 2002 after which the
2 Planning Commission would hold a public hearing to determine whether,
3 or not, there exist problems associated with the smell.
4 • Conditional use permit may be revoked if findings on September 1, 2002
5 indicated that the odor is injurious to the public health, and welfare,
6 including property values of the surrounding neighbors.
7 • After September 1, 2002, the City reserved the right to place any
8 additional, reasonable conditions on the use.
9
10 Motion carried 4-1. Councilmember Sparks opposed.
11
12 Levitus confirmed that the decision tonight meant that they were able to begin
13 operations again. Mayor Hodson stated that was true.
14
15 It was determined that residents would call the Assistant City Manager Susan
16 Henry at(612) 706-1324 to formally register complaints.
17
18 A. Ordinance 2002-001, re: Requires business licenses for massage therapy business
19 (first reading).
6 Commissioner Steeves reviewed the findings of the Planning Commission. He
22 stated that they recommended it for approval as is.
23
24 Councilmember Horst asked about the associated fees.
25
26 Resident Mary Luger-Sarter reviewed the costs associated with starting out in the
27 business of massage therapy, which were far less than the $5,000 of capital
28 investment noted in the ordinance.
29
30 Councilmember Sparks stated that she felt they could drop the $5,000 fee
31 altogether. The Council agreed.
32
33 Luger-Sarter commented on the $500 investigating fee. Gilligan stated that it was
34 a one-time fee, but the $250 licensing fee was annual.
35
36 Luger-Sarter stated that the wording"massage parlors" was very offensive and
37 suggested that it be changed to therapeutic massage businesses.
38
39 The Council agreed that the language of the ordinance be changed to include both
40 therapeutic massage parlors and therapeutic massage businesses.
41
Arlene Fernandez, owner and manager at The Center for Stress Reduction in St.
Anthony,came forward to express a few opinions regarding the ordinance. She
44 stated-that she did not thunk that proposed ordinance would work because those
City Council Regular Meeting Minutes
• January 8, 2002
Page 9
1 individuals who run massage parlors manage to find loopholes and have a lot of
2 legal backing.
3
4 Fernandez continued by saying that it will discourage new businesses,as well as
5 existing businesses from continuing. She added that, at the last meeting, it was
6 stated that money was not the issue. Therefore, she suggested that the licensing
7 fee be $75.
8
9 Fernandez suggested that the hours of business be changed to say that clients not
10 be allowed on the premises when business hours are not in effect. She concluded
11 by identifying some of the obvious ways to determine if an establishment is
12 running a massage parlor, or a massage business.
13
14 Councilmember Horst stated that Fernandez made some good points.
15
16 Mayor Hodson suggested that they strike "persons"under subdivision 575.12. He
17 also stated that they would strike the$5,000 fee from the ordinance, but keep the
18 $250 license fee and the $500 investigation fee at this time.
19
2 The Council made the following adjustments to the ordinance:
• Subd.575.12: "persons"to be changed to "customers".
• Striking of$5,000 capital investment fee.
23
24 It was decided that City staff would determine the actual cost of the licensing and
25 investigation fees next year.
26
27 Motion by Councilmember Faust to approve Ordinance 2002-001, re: Requires
28 business licenses for therapeutic massage parlors (1 S`reading) and amend Zoning
29 Ordinance Section 3.1635.02.
30
31 Motion carried unanimously.
32
33 5. Flood Improvement Project Funding update. Todd Hubmer, WSB &Associates, Inc.
34 will be present.
35 A. Resolution 02-012, re: Call hearing on 2002 street/utility improvements.
36 Todd Hubmer stated that he was present to provide the Council with an update on
37 the status of funding for storm water improvement projects within the City of St.
38 Anthony.
39
40 Hubmer stated that the low bidder for the project came in at$1,929,000. He
41 stated that the Engineer's Estimate was $1,980,000.
4
Hubmer reviewed the changes that were made to the project and the increase in
4 cost. He stated that the project was currently in litigation over extra costs
45 incurred by the contractor in working around, or with, Qwest and Minnegasco
City Council Regular Meeting Minutes
• January 8, 2002
Page 10
1 utilities. He concluded that the exact dollar amount would not be known until
2 later this year, and that it could either increase, or decrease the cost of the project.
3
4 Hubmer stated that he would be meeting with the DNR next week to go over land
5 acquisition costs.
6
7 Councilmember Sparks asked if it was standard procedure to continue the project
8 with a$140,000 deficit. Morrison stated that the good news was that they thought
9 they would have a$900,000 deficit. He added that they may delay the park
10 warming house project in order to complete the street improvements until the
11 bonding issue completed it's cycle, or they came up with other revenue to finish
12 the project.
13
14 Councilmember Sparks stated that she was not in favor of stopping the process of
15 the warming house.
16
17 Mayor Hodson agreed with Councilmember Sparks that they could not postpone
18 the warming house.
19
Councilmember Faust stated that he was confident that they would be able to get
the additional funding needed.
23 Motion by Mayor Hodson to approve Resolution 02-012, re: Calling a hearing on
24 2002 street/utility improvements.
25
26 Motion carried unanimously.
27
28 B. Resolution 02-013,re: Declare cost to be assessed and order preparation of
29 proposed assessment.
30
31 Motion by Councilmember Horst to approve Resolution 02-013, re: Declare cost
32 to be assessed and order preparation of proposed assessment.
33
34 Motion carried unanimously.
35
36 C. Resolution 02-014, re: Call hearing on proposed assessment for 2002 street/utility
37 improvements.
38
39 Motion by Councilmember Horst to approve Resolution 02-014, re: Call hearing
40 on proposed assessment for 2002 street/utility improvements.
41
42 Motion carried unanimously.
0
City Council Regular Meeting Minutes
• January 8, 2002
Page 11
1 Hubmer stated that they would be holding a public information meeting for
2 residents that are involved in the 2002 street project on January 23, 2002 at 7:00
3 p.m. in Council Chambers.
4
5 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
6 Mayor Hodson requested a motion on the 2002 Local Board of Appeal and Equalization dates.
7
8 Motion by Councilmember Faust to hold the 2002 Local Board of Appeal and Equalization
9 Meeting on April 9, 2002.
10
1 1 Motion carried unanimously.
12
13 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
14 Mornson reviewed the Open House for Apache Plaza redevelopment on Thursday, January 24,
15 2002.
16
17 Mornson stated there was a meting with U.S. Bank today to update them on the schedule for
18 Apache Plaza.
19
20 Mornson stated that a meeting has been scheduled with Falcon Heights and Lauderdale to
fintroduce Mayor Hodson and discuss next two-year contract.
23 Mornson stated that a joint meeting with the School Board was scheduled for Tuesday,January
24 29, 2002.
25
26 Mornson stated that the Legislative Conference was on Friday, February 1, 2002.
27
28 Mornson stated that the Employee Recognition Lunch was scheduled for Thursday, March 14,
29 2002.
30
31 IX. INFORMATION AND ANNOUNCEMENTS.
32 Mayor Hodson stated that he met with the SRF Consulting firm, who deals with transportation
33 evaluations. He added that one of the things that he would like to include in the annual City
34 Council goal-setting retreat was the transportation component to the development that they will
35 have at Apache.
36
37 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
38 None.
39
40 XI. ADJOURNMENT.
41 Motion by Councilmember Sparks to adjourn the meeting at 9:52 p.m.
42
ifMotion carried unanimously.
45
City Council Regular Meeting Minutes
January 8, 2002
Page 12
2
3 Respectfully submitted,
4
5
6 Courtney Seesz
7 TimeSaver Off Site Secretarial, Inc.
8
9
10
11 Mayor
12
13
14
15 ATTEST:
16 City Clerk
17
18