HomeMy WebLinkAboutCC MINUTES 02262002 Meeting Sheet
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Folder: CC MINUTES AND AGENDAS 2002
Document: CC MINUTES 02262002
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1 CITY OF ST. ANTHONY
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; Councihnembers 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
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
10 Motion carried unanimously.
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 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
•
I Councilmember Sparks clarified with Momson that there were banner violations with Harvey's
on Stinson Boulevard, which is to be discussed this evening. She requested that there be no
46 banner or sign violations at the time that renewals are due.
4
5 Morrison stated that Councilmember Sparks' request was appropriate.
6
7 V. PUBLIC HEARINGS.
8 None.
9
10 VI. REPORTS FROM COMMISSIONS AND STAFF.
11 1. Planninp,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
It Commissioner Thomas reviewed the findings that were comprised by Planning
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 02-028, 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
was acceptable to the Council, as well as to residents. He continued that their
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
46 meet city code.
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
9 The Council discussed a few different housing scenarios.
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
plan. Mornson indicated that some of the issues that delayed the Agreement were related
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
Motion by Councilmember Thuesen, second by Councilmember Horst, to approve
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-Phvsical culture and health services and clubs (2"d reading).
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. Mornson added that other residents from
the neighborhood were in attendance this evening and would like to continue to discuss
9 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 Mornson 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 Mornson 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
list of names and telephone numbers of the people that have been contacted regarding
Essenco, formerly Home Essence.
49
I Valek stated that he was present this evening to discuss four points: additional
information that they have acquired relative to the odor problem at Essenco, the action
46 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.
VValek 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.
q? 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
to the odor.
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, 37`h 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 37`h 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
It Shaddrick added that she feels that Solie and Levitus are not interested in providing the
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
Solie added that there are twenty-five to thirty residents that are in the immediate
proximity of the property, none of whom seem fit to complain. He added that he spoke
8 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
Solie stated that Essenco intends to present some plans to the Planning Commission and
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
It issue. He added that the issue before them is that there has been a conditional use permit
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.
it 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
stated that they have not had that discussion to them, and that the thought was that they
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.
9 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 Mornson 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.
it Mornson mentioned a meeting that he and the mayor will have with Ted Grindahl, a
49 lobbyist who helps communities with outside funding. Mornson requested that Grindahl
i
1 put proposal together of a feasibility study in order to determine what funding is available
for the Apache project. Mornson indicated that for$2500 they would be able to tap into
various state-funded programs to determine how much other funding is available for
4 demolition, renovation, transportation, etc. issues for Apache Plaza.
5
6 Morrison 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.
It 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
XI. ADJOURNMENT.
Motion by Councilmember Sparks, second by Councilmember Horst, to adjourn the meeting at
49 9:48 p.m.
1
Motion carried unanimously.
4 Respectfully submitted,
5
6
7 Courtney Seesz
8 TimeSaver Off Site Secretarial, Inc. �
9 , 2-�>---
10 Mayor
11 ATTEST:
12 City Clerk
•