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HomeMy WebLinkAboutPL MINUTES 11202001 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 106225 Box: 36 Folder: PL MINUTES AND AGENDAS 2001 Document: PL MINUTES 11202001 m 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING November 20, 2001 4 I. CALL TO ORDER. 5 Chair Melsha called the meeting to order at 7:01 p.m. 6 II. PLEDGE OF ALLEGIANCE. 7 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance. 8 III. ROLL CALL. 9 Commissioners present: Chair Melsha; Vice Chair Stille; Commissioners 10 Hanson, Steeves, Tillman and Thomas. 11 Commissioners absent: Commissioner Hatch. 12 Also present: Assistant City Manager Susan Henry. 13 IV. APPROVAL OF AGENDA. 14 Motion by Chair Melsha, second by Commissioner Hanson, to approve the meeting 15 agenda. 16 Motion carried unanimously. 4k V. PUBLIC INPUT. Hearing none, Chair Melsha moved forward with the agenda. 19 VI. MEETING MINUTES. 20 5.1 Review/Approval of Planning Commission Minutes of September 18, 2001. 21 Motion by Commissioner Thomas, second by Commissioner Hanson, to approve 22 the Planning Commission Minutes of September 18, 2001. 23 Motion carried unanimously. 24 VII. COMMUNICATION WITH CITY COUNCIL. 25 6.1 Designate Planning Commission Member to the City Council regular meeting of 26 November 27, 2001. 27 Chair Melsha stated that he was available to attend the City Council regular 28 meeting of November 27, 2001. 29 VIII. PUBLIC HEARINGS. 30 7.1 Village North, 280137'Avenue Northeast, Amend the City Ordinance under 31 Light Industrial manufacturing_permitted uses to include the use of wax in the 32 production of candles and the production of home fra rg_ance products. 33 Susan Henry indicated that Ken Solie, Village North LLC and property owner of 34 the light industrial building located at 2801 37`h Avenue Northeast, was 35 requesting an ordinance amendment to the Light Industrial section of the City Ordinance to include the use of wax in the production of candles and the production of home fragrance products. 38 Henry continued by providing the Commission with some background. She 39 stated that Ken Solie had located a client, Essenco LLC, who would like to move Planning Commission November 20, 2001 Page 2 into the space. Essenco primarily manufactures decorator candles for home use, 2 Henry stated, and they produce home fragrance products in small quantities. She 3 continued that, according to St. Anthony City Ordinance under Light Industrial, 4 both type of manufacturing processes are not included in the list of permitted 5 manufacturing uses. 6 Henry stated that Essenco's manufacturing process involves melting the wax with 7 hot water heat source and transferring the wax in glass containers. Essenco has 8 stated no residual or waste wax is disposed of. She added that City Staff has been 9 told by Essenco that there is not any pollution emitted by the facility and it is 10 entirely consumed back into the product. 11 Henry indicated that the City of St. Paul, where Essenco has been located, 12 includes wax as a raw material under the Light Industrial zoning district. Henry 13 added that it does not seem like a stretch to include it in the St. Anthony City 14 Ordinance,given the other permitted manufacturing processes that are allowed. 15 Ken Solie came forward and stated that he had nothing to add to his original 16 statement,but was happy to answer any questions. 17 Commissioner Thomas asked what Mr. Solie what he would do if that Planning Commission were to approve this change,and, eventually, there were residents that complained about allergies to the fragrances associated with the wax. Mr. 20 Solie indicated that they would do whatever it takes to eliminate any odor, but 21 stated that they would probably not experience that because of the ventilation 22 system. He added that carbon filters, and/or additional ventilation systems, could 23 be used to alleviate any fragrance problem. 24 Steven Levitus, President of Essenco, came forward to address questions. Chair 25 Melsha asked for Mr. Levitus to briefly explain the process of his'business to the 26 Planning Commission specifically, the manufacturing process. Mr. Levitus stated 27 that it is a very simple process: the purchase of wax in large slabs which is then 28 placed into larger containers to melt them with a hot water boiling system, color 29 and fragrance oils are added to the containers,the wax is then dumped into 30 automatic filling machines which then pour the wax into,primarily, glass 31 containers, etc. He added that the final product is shipped out within a week of 32 being manufactured. 33 Chair Melsha asked about the manufacturing of the fragrance. Mr. Levitus stated 34 that they do not manufacture the fragrance, but that it comes in five, ten, or fifty- 35 gallon drums. He stated that they put the fragrance into the process at a very low 36 concentration in relation to the wax (about two to five percent). Mr. Levitus 37 continued that, like the wax, the fragrance cools within fifteen minutes and is Wfully consumed on the premises. 39 Commissioner Hanson asked if Essenco was currently located near a residential 40 area in St. Paul. Mr. Levitus stated that they were in a mixed area, one that is 41 being redeveloped. Planning Commission November 20,2001 Page 3 • 1 Vice Chair Stille asked if he has ever had any problems with employees being 2 unable to work for reasons associated to the fragrance. Mr. Levitus stated 3 through hundreds of employees over an eight-year period, no one has ever been 4 sick from the fragrances. 5 Commissioner Steeves asked what other types of manufacturing processes use 6 wax. Mr. Levitus stated that wax was used to coat cheeses, and in the cosmetics 7 industry. 8 Chair Melsha asked Mr. Levitus about any other options of candle-making that 9 were more environmentally safe. Mr. Levitus indicated that the process that they 10 use is the most commercially, and environmentally safe way to make candles. 11 Resident Doug Tanner, 2206 St. Anthony Parkway, expressed his concern about 12 the property across the street from the discussed location, where he lives. He 13 stated that in the early 90's, there was a bad smell associated with the product that 14 was manufactured there. He added that residents from the area took the proper 15 steps,which eventually led to calling Pollution Control. Pollution Control 16 essentially told them that they were not going to die from the smell,or the 17 contents. QMr. Tanner added that he would be very concerned about an odor coming from 19 the area that did not cause allergies, nor head-aches, but was a nuisance. His 20 concern was that, if there was an odor coming from the manufacturing plant, 21 would it be fixed, and would the city be pro-active in helping to eliminate the 22 odor. 23 Resident, Steve Valuk, 2614 37'Avenue Northeast, stated that he and his wife 24 have been renovating their home, and are concerned about the potential odor, 25 which would diminish the value of their home. He stated that his main concern 26 was with the smell, and associated problems. 27 Resident, Dave Zurbey,also lives close to the plant, and was also concerned with 28 the odor,as well as the sewer system. Mr. Levitus stated that there is no excess 29 wax in the process,thus, zero effect on the sewer system. 30 Resident, Jerome Shaddrick, 2510/2508 37'Avenue Northeast,also lives across 31 form the property. He stated that he has worked with an electrical contractor and 32 has had some experience with candle manufacturing. He stated that no matter 33 how many filters they put on the equipment, there is still an odor that is produced 34 and cannot be contained. Resident, Mary Jo Pollak, lives across the street from the area. She stated that she 49 unpacks candles as part of her job and that the smell is strong and lasts for a very 37 long time. Planning Commission November 20, 2001 Page 4 Commissioner Thomas asked if there was another part in the statutes that deals 2 with nuisance odors. Henry stated that she did not know of one off-hand. 3 Chair Melsha stated that the greatest concern of the city at this point was the odor. 4 He stated that there was not a lot that they could do if they amended the ordinance 5 and the problems associated with strong odor were present. He suggested that a 6 applying for a conditional use permit was in everyone's best interest. 7 Mr. Solie stated that he was happy to apply for a conditional use permit, as he 8 does not want to cause any problems, nor offend the residents of the City of St. 9 Anthony. 10 Mr. Tanner further expressed his concern that the smell would permeate the area, I I and really become a problem. 12 The residents, Mr. Solie and Mr. Levitus, discussed the operation and the concern 13 of the odor, as well as the next step in the process. 14 Commissioner Tillman asked if Henry was aware if there was a specific reason 15 why wax was omitted from the ordinance. Henry stated that she had not done any 16 of the research, thus, did not know. 0 Mr. Solie indicated that some of the ordinances in other cities addressed the 18 specific area of odor. He stated that, in this case, it was unlikely that the 19 ordinance for the City of St. Anthony included wax in their ordinance. 20 Chair Melsha closed the public hearing at 7:40 p.m. 21 Commissioner Steeves shared his experience with a paint plant in the City of 22 Minneapolis. He added that, when the paint plant fires up their plant,there is a 23 tremendous odor that is produced, and that it is quite a sore spot among residents 24 in the area. 25 Commissioner Steeves stated that he would support the idea of a conditional use 26 permit for the discussed property, because it would have given the City of 27 Minneapolis the opportunity to withdraw that conditional use, averting many of 28 the complaints. 29 Chair Melsha suggested that they flush out any other concerns with the 30 conditional use permit. 31 Vice Chair Stille stated that he also supported the conditional use permit. He 32 added that considering the addition of wax as a conditional use does not mean that Essenco would occupy that space. He added that there are certain things that they 16 cannot stop, as it is a light industrial district. Planning Commission November 20, 2001 Page 5 Commissioner Tillman stated that she also supported the conditional use permit 2 route. She added that a conditional use permit would give them the clout to solve 3 a problem, should one arrive. 4 Chair Melsha stated that they were denying the amendment, and suggested that 5 they request a conditional use permit. 6 Mr. Solie sought clarification in the process of applying for a conditional use 7 permit. Henry stated that she would connect with him and guide him through the 8 process. 9 City Councilmember Brian Thuesen came forward to express his wish that the 10 conditional uses become measurable to the Council (hours of operation, odor 11 assessment). He added that, if they continue down this path, that there was 12 certainly some possibility. 13 Commissioner Hanson asked if it would be appropriate for the Planning 14 Commission and/or the residents to tour the factory. He added that a tour would 15 help them to alleviate some of the concerns that have been expressed this evening. 16 Mr. Levitus stated that anyone was welcome to tour his facility. Motion by Chair Melsha, second by Vice Chair Stille, to recommend the denial of it the petition to amend the light industrial district to include the use of wax in the 19 production of candles and the production of home fragrance products. 20 Alternatively, the Planning Commission recommends to the City Council, 21 consideration of amending the light industrial zoning district to allow for those 22 uses as a permitted conditional use. 23 Motion carried unanimously. 24 7.2 The Village Blend, 2900 Pentagon Drive, Conditional Use Permit for the sale of 25 beverages for consumption on the premises and a restaurant located less than 250 26 feet from a residential district. 27 Henry indicated that the applicant plans to occupy the former Hennepin County 28 Library space in the St. Anthony Shopping Center, located at 2900 Pentagon 29 Drive. 30 Henry stated that the request by Village Blend was two-pronged: to sell beverages 31 for consumption, including wine, on the premises; in addition, it is located within 32 250 feet of a residential district. According to the City Ordinance,the stated uses 33 are allowed within a permitted conditional use permit in the Commercial zoning 34 district. In addition, Henry indicated that the applicant would need to obtain an 35 on-sale wine license from the City Council. 0 Henry continued, stating that, according to City Ordinance, in order to serve wine 37 and get an on-sale wine license,the establishment must be considered a 38 "restaurant." The City Ordinance states a restaurant should accommodate seating Planning Commission November 20, 2001 Page 6 1 for 50 persons while the State Statute says seating should be for 30 persons,thus 2 the applicant meets the condition on seating. 3 Henry indicated that, in order to serve wine, another requirement is the 4 establishment must regularly serve meals that are prepared on the premises. The 5 applicant plans to offer a light menu of sandwiches, pastries, and desserts from 6 6:00 a.m. until closing. 7 Henry added that one question that the City Attorney asked of the Village Blend 8 Cafes' request was to the definition of a restaurant and the offerings on the menu 9 in the context of serving wine. In a recent case, it was determined that preparing 10 and serving coffee and dessert does not constitute preparing and serving a meal. 11 The conclusion was reached because the word"meal"refers to a group of food 12 items that include a main course, and frequently includes a beverage, dessert and 13 other food items. 14 Henry stated that, since Village Blend plans to serve sandwiches and pastries, 15 perhaps that it enough to constitute a meal. In addition to wine, Henry continued, 16 other beverages to be offered at the Village Blend Caf6 include coffee and 17 smoothies. Henry indicated that, overall, the Village Blend Cafe concept fits with the City Ordinance. 20 Commissioner Hanson wondered, if Village Blend Cafe did not qualify as a 21 restaurant, would they need to look at a conditional use permit. 22 Tom Brever stated that the issue was to have a license for the on-sale wine. He 23 stated that the Pavelkas propose to serve food (sandwiches, soups,pastries, 24 coffees). He added that the question was whether or not it was a conditional use 25 situation. 26 Mr. Brever continued that, because of the unique location of the property(located 27 within 250 feet from a residential district), they are requesting a conditional use 28 permit. 29 Chair Melsha stated that there are two conditional uses, but the liquor conditional 30 use does not require the Planning Commission to define that Village Blends Cafd 31 is a restaurant. Henry stated that was true. 32 Don and Kim Pavelka, the property owners, came forward to express the reason 33 for their vision for a gathering place for the residents of St. Anthony. He added 34 that they wanted Village Blends to meet the needs of residents providing them with a place to meet for a cup of coffee during the day, and dessert and a glass of is wine at night. Planning Commission November 20, 2001 Page 7 �1 Commissioner Hanson asked if they had done a market survey for the Village 2 Blends Cafd. Mr. Pavelka added that it was difficult to take a market survey 3 because it is difficult to determine who, exactly, will patron the Cafd. 4 Mr. Brever distributed a handout containing the mission, location, hours and 5 menu of the proposed Village Blend. 6 Commissioner Hanson asked about how important the sale of a glass of wine was 7 to the livelihood of their coffee shop. Mr. Bradford responded that, in order to 8 make a decent profit, they needed to sell items with a higher profit margin, such 9 as wine and desserts. 10 Mr. Pavelka indicated that they have been discussing the idea of the coffee shop 11 for years,and that the right space was difficult to come by. He added that the 12 proposed space was a bit larger than they were hoping for, but would allow for 13 them to house book-club meetings, impromptu community meetings, and a low- 14 level talent night. 15 Commissioner Hanson stated that a nice feature with the proposed location was 16 the opportunity for outdoor seating. Mr. Pavelka added that they hoped that 17 would be attractive. 4 Chair Melsha asked about the hours of wine service. Pavelka stated that it was 19 still loose, but they were thinking about 5:00-5:30 p.m. to close. He added that 20 they were not going to have a happy hour, nor any intentions of competing with 21 the Stonehouse. 22 Commissioner Hanson asked what the initial response was from City Council 23 regarding the sale of wine. Mr. Brever stated that they have not encountered any 24 objections at this point. 25 Resident John Kufus, who lives directly behind the library, asked if there would 26 be any live entertainment. Mr. Pavelka indicated that any entertainment would be 27 extremely low-key. 28 Commissioner Hanson asked if they were looking to change the front fagade very 29 much. Mr. Pavelka stated that they would keep the exterior of the building 30 largely how it currently exists. He added that internal changes would be minimal, 31 and were yet to be determined. 32 Chair Melsha closed the public hearing at 8:15 p.m. 33 Chair Melsha stated that he thought it was a great idea that will only help to bring Wpeople to the area. 35 Vice Chair Stille stated that he was also in favor of the coffee shop, but asked for 36 clarification on the role of the Planning Commission. Chair Melsha indicated that Planning Commission November 20, 2001 Page 8 40l they were considering a conditional use of a restaurant because it was within 250 2 feet of a residential zoning district,and beverages for consumption. 3 Commissioner Thomas expressed his position of being in favor of the Caf6. 4 Motion by Chair Melsha, second by Commissioner Tillman, to recommend 5 approval for the Conditional Use Permit with the following conditions: 6 • Hours of operation: Sunday through Thursday, 6:00 a.m.to10:00 p.m. 7 Friday, 6:00 a.m. to 12:00 a.m. 8 Saturday, 7:00 a.m. to 12:00 a.m. 9 • Hours of liquor service: 5:00 p.m.-closing each night. 10 • Noise should not be audible from outside of the building at any time. 11 • Compliance with the signage requirements imposed by the lease of the 12 Shopping Center and any other applicable city requirements related to signage 13 in the Shopping Center. 14 • Conditional Use Permit subject to revocation for any violation of city or state 15 laws relating to liquor or wine sales. 16 Motion carried unanimously. 17 8.3 Michele Rae/Curves for Women. 2500 Highway 88, Conditional Use Permit for a Health Club/Women's Fitness Center. 9 Henry reviewed the request for the Conditional Use Permit, and stated that the 20 area is zoned commercial. She added that Michele Rae's request for a women's 21 fitness center/health club is allowed in Commercial zoning district by a 22 Conditional Use Permit. 23 Henry indicated that Ms. Rae intended to occupy the first two sections of the 24 office complex at 2500 Highway 88. She added that the Commission may wish 25 to set hours of operation for the franchise. 26 Henry indicated that The Curves for Women is a national franchise that has 27 several locations throughout the Twin Cities, and offers a 30-minute fitness and 28 weight loss program designed for women. 29 Henry indicated that staff recommends approval of the applicant's request. 30 Michele Rae came forward and reviewed the philosophy of the Curves for 31 Women national franchise program and stated that there are many women who 32 are more comfortable exercising in the company of women. 33 Commissioner Tillman stated that she had visited one of the other Curves for 34 Women and asked Ms. Rae to explain the particular fitness program that is Curve for Women. Ms. Rae stated that there are eight different hydraulic machines, and 6 the music cues in the fitness center cues people to rotate on the machines every 37 thirty-five seconds. Planning Commission November 20, 2001 • Page 9 1 Commissioner Hanson stated that the owner and general manager of the Fitness 2 Crossroads Fitness Center check blood-pressure and perform other procedures of 3 potential clients in order to ensure the safety of their patrons. He asked if Curves 4 for Women had any specific criteria for potential members to meet. Ms. Rae 5 stated that there is a great deal of training that she has yet to receive from the 6 headquarters in Texas, but that she was not familiar with any similar process. 7 Chair Melsha asked when she would open her business. Ms. Rae stated that, 8 although things have taken much longer than she anticipated, she hoped to open 9 in January of 2002. 10 Commissioner Hanson asked about staff and hours of operation. Ms. Rae 11 responded that beginning hours of operation were directed by corporate and were: 12 • 9:00 a.m.to 12:00 p.m., Monday through Saturday 13 • 4:00 p.m.to 7:00 p.m., Monday through Friday 14 She added that, as business expands,the hours may also expand. 15 Chair Melsha stated that they would need to come up with hours of operation to 16 be included in the conditional use permit, and that the Commission would look to 17 Ms. Rae for guidance. Ms. Rae indicated that she could set hours based on some of the other franchises. 19 Chair Melsha reviewed the hours of Fitness Crossroads, and asked Ms. Rae if 20 they were adequate for her needs. Ms. Rae indicated they were more than 21 adequate. 22 Commissioner Tillman asked where she was expecting her clientele to come 23 from. Ms. Rae stated, because it is such a manageable program, it accommodates 24 all lifestyles. 25 Commissioner Thomas asked if she would be selling any products at her facility. 26 Ms. Rae indicated that it would be minimal, perhaps vitamins and t-shirts. 27 Commissioner Thomas asked about locker room facilities. Ms. Rae responded 28 that most women do not take the time to shower after their workouts at the 29 facility. 30 Commissioner Tillman asked about membership fees. Ms. Rae indicated that the 31 monthly fee was $30.00 and that members could join on either an annual basis, or 32 a month-to-month basis. 33 Chair Melsha closed the public hearing at 8:30 p.m. 04 Vice Chair Stille stated that,because the establishment poses no threat to other 35 businesses in the area, he recommended that they attach the same conditional uses 36 that the Fitness Crossroads Fitness Center received. Planning Commission November 20, 2001 Page 10 •1 Commissioner Hanson stated that his only concern was with the fact that people 2 at Fitness Crossroads were trained in CPR and other safety and welfare areas. 3 Ms. Rae stated that she would look into how those things are handled by her 4 corporate headquarters. 5 Commissioner Steeves stated that he understood Commissioner Hanson's 6 concern, but was not comfortable making medical training a conditional use. 7 Vice Chair Stille stated he was in agreement with Commissioner Steeves. 8 Chair Melsha asked the Commission for any additional comments. 9 Motion by Vice Chair Stille, second by Commissioner Steeves, to recommend 10 approval of the conditional use permit request for a Curves for Women at 2500 11 Highway 88, subject to the following conditions: 12 • Hours of operation will be from 5:00 a.m. to 11:00 p.m., Monday through 13 Friday, and 7:00 a.m. to 10:00 p.m., Saturday and Sunday. 14 • Compliance with all other laws and regulations, including those of the 15 city,county, state and other regulatory bodies. 16 • Conformance with any sign criteria as established by the association,or 17 otherwise by law. 10 Motion carried unanimously. 19 8.4 City of St. Anthony,Add to Chapter 16, Zoning and Land Use, to include Section 20 1680- Wireless Telecommunication Towers and Facilities and Repeal Section 21 1160- Antennas and Towers under Chapter 11. Penal Regulations. 22 Henry stated that the City of St. Anthony is requesting to add to Chapter 16, 23 Zoning and Land Use a new section, Section 1680: Wireless Telecommunication 24 Towers and Facilities, and repeal Section 1160: Antennas and Towers under 25 Chapter 11, Penal Regulations. 26 Henry indicated that the Planning Commission reviewed the ordinance in its 27 entirety at its September 18, 2001 meeting. 28 Henry stated that the new ordinance is comprehensive and establishes building 29 and design standards and placement. 30 Henry added that the City Attorney's office has eliminated and/or combined the 31 language found in Chapter 11 (Section 1160). She stated that the language 32 pertaining to dish antennas was integrated into the new wireless ordinance. 33 Henry stated that staff recommends approval. Commissioner Thomas asked if this was the new version of the Telecommunications Overlay District. Chair Melsha stated that it was the new 36 version. Commissioner Thomas clarified that the intent was to direct 37 Telecommunications monopoles to certain sections of the city. Chair Melsha Planning Commission November 20, 2001 Page 11 added another intent was to establish a uniform set of standards for construction 2 of towers or other WTFs. 3 Chair Melsha added that he felt that the new ordinance was much more 4 comprehensive than the old ordinance. 5 Chair Melsha asked about the right to escrow some money, and if Henry had any 6 information from other cities and their guidelines. Henry stated she had no 7 information at this time, but would be able to attain a reasonable number for when 8 they meet with the City Council. 9 Motion by Chair Melsha, second by Commissioner Hanson,to recommend the 10 adoption of Section 1680: Wireless Telecommunication Towers and Facilities, 11 and repeal Section 1160. The purposes are set forth in the original ordinance in 12 section 1680.02: The purpose of this Section is to regulate the placement, 13 construction, and modification of Towers and WTFs in order to protect the health, 14 safety, and welfare of the public, while at the same time encouraging the 15 development of the competitive wireless telecommunications marketplace in the 16 City. 17 Motion carried unanimously. aCouncilmember Thuesen asked if the Planning Commission had any questions of 19 him before he left for the evening. 20 Commissioner Thomas asked why they decided to forego public applications for 21 the City Council seat that was given to Jerry Faust. Councilmember Thuesen 22 stated that he felt that the City Council was in a unique situation at this time and 23 that they needed someone with experience and know-how, which Jerry Faust 24 possesses. 25 Councilmember Thuesen added that Mr. Faust has a great deal of knowledge and 26 experience which will aid the Council in the many issues that they currently have 27 on hand. 28 Commissioner Tillman asked why Councilmember Thuesen did not think they 29 could accomplish the same thing going through an interview process. 30 Councilmember Thuesen stated that he felt there would be a sort of dog-and-pony 31 show associated with the last public election. He added that he felt that they had 32 the right person at the right time and acted on it. 33 Commissioner Hanson asked about Apache Plaza and where Councilmember 34 Thuesen thought the project was headed, in light of the resignation by Mayor Dennis Cavanaugh. Councilmember Thuesen stated that he felt that it was moving forward, in spite of the Mayor's resignation. He added that he hoped they 37 receive a variety of proprietors and developers. Planning Commission November 20, 2001 Page 12 •1 Commissioner Hanson indicated that he had heard that there existed quite a large 2 gap between the overall project and funding options. Councilmember Thuesen 3 stated that he felt that the Apache project in the City of St. Anthony was 4 important to the Metropolitan Council, and that it was very likely that they will 5 receive significant dollars through the Smart Growth development plan. 6 Commissioner Hanson asked where the discussion on the Stonehouse lies. 7 Councilmember Thuesen indicated that he has heard that more interest in the 8 property has developed recently. He added that the Stonehouse property was a 9 key-component in the redevelopment project. He stated that he hoped it would be 10 running for awhile, but feared that the poor state of the building would force it to 11 shut-down sooner than later. 12 Councilmember Thuesen stated that he hoped he was clear about the question 13 regarding the appointment of Jerry Faust to the City Council. 14 15 IX. INFORMATION AND DISCUSSION. 16 9.1 Proposed Massage Therapy Ordinance. 17 Henry stated that, currently,therapeutic massage businesses are allowed in the 18 Commercial zoning district in St. Anthony(Section 1635.02eee). She added that 19 a certificate of occupancy is required to have this type of business, which is obtained by displaying to the City Manager that the practitioners at the business all have a certificate from a massage school showing completion of courses. 22 Henry continued that recently, arrests were made at one massage operation for 23 prostitution. Under the present City Ordinance therapeutic massage is not a 24 defined term and the City does not require a license, making it very difficult to 25 stop operation of a massage operation where prostitution may be occurring. By 26 requiring massage operations to obtain a business license and providing certain 27 clearly delineated standards for operation, the City may more effectively regulate 28 these activities and ensure that only legitimate massage operations are in the City. 29 Henry stated that the City Attorney's Office has drafted an ordinance which is 30 based on the Edina's massage parlor ordinance. The drafted ordinance limits the 31 number of businesses offering therapeutic massage, and speaks to investigation 32 and approval/denial of application, including the suspension or revocation of the 33 license and specifically provides that any conviction for prostitution or any other 34 crime or violation involving moral turpitude results in a revocation of the license. 35 Henry indicated that if the City adopted this ordinance in December,the City 36 could give existing businesses some period, like 40 to 60 days, to comply and get 37 a license to operate in St. Anthony. Henry stated that staff recommends the Planning Commission set the public 49 hearing for the new therapeutic massage ordinance for December 18, 2001. Planning Commission November 20, 2001 Page 13 Commissioner Hanson stated that he was in favor of the ordinance. He added that 2 the ten thousand dollar requirement of capital expenditure, feeling that it was an 3 unfair amount for those who could operate a legitimate massage parlor. 4 Commissioner Thomas stated he agreed with Commissioner Hanson's comment. 5 6 9.2 Northwest Ouadrant Redevelopment Update. 7 Henry stated that the city received eight proposals from seven developers. She 8 indicated that she sat down with City Manager Mike Mornson, Jim Prosser and 9 John Shardlow to interview the developers. She stated that the process was 10 encouraging to all who attended. 11 Henry indicated that the next step was to review more financial analysis 12 information from the few suitable developers and bring to the City Council. She 13 added that they would like to bring the developers into a City Council work 14 session. 15 Henry reviewed the list of developers with the Planning Commission. 16 Commissioner Thomas asked if they were looking at incremental development, or 17 more along the lines of a Master Plan. Henry indicated that she felt it would be a 0 Master Developer, with phasing. 19 Commissioner Thomas asked if most plans were residential, or corporate campus. 20 Henry indicated that none included a corporate campus. 21 9.3 Point of Sale Housing Code Update. 22 Henry indicated that they needed to establish a date to meet and delegate duties 23 and get some work done. 24 Commissioner Hanson agreed that they needed to get together. 25 X. ANNOUNCEMENTS. 26 Commissioner Tillman stated that the Northwest Quadrant situation was very exciting. 27 She added that she was also excited about the Village Blend Cafd proposal. 28 Commissioner Tillman commended the WTC sub-committee on their work. 29 Commissioner Hanson re-stated his recommendation to Michele Rae to receive training 30 in CPR and other first-aid training. He also stated that he saw an issue on behalf of 31 residents as to the enforcement of conditional use permits at this evening's meeting. 32 Commissioner Hanson recommended that residents who have an issue with any business 13 in the city go and talk to the owner of the building, rather than the renter. 34 Commissioner Thomas supported everything that Commissioner Hanson had to say. Planning Commission November 20, 2001 Page 14 Commissioner Thomas shared some of the research that he has done on St. Anthony 2 which indicated that St. Anthony has shown only modest growth in the last five years. 3 He discovered that 5%of the school-age children come from homes where English is a 4 second language. He also stated that there are twenty-one different languages that are 5 spoken within those homes. 6 Commissioner Thomas concluded that there are children whose parents came from 7 Eastern Europe, Southeast Asia, etc., all of which indicate that the City of St. Anthony is 8 a changing city. 9 Chair Melsha acknowledged the resignation of Lorin Hatch, and thanked Commissioner 10 Hatch for his service. 11 Vice Chair Stille thanked the WTC sub-committee on their work. 12 Henry explained about the memo she distributed regarding Kenzie Terrace developer 13 interviews. She indicated that three proposals have come in: Metroplains, David Benard 14 Homes, and TOLD Development. 15 Henry added that they would be interviewing the potential developers on Tuesday, 16 November 27, 2001. 0 Henry stated that Lorin Hatch resigned. 18 Henry added that all Planning Commissioners employees are invited to the Employee 19 Holiday Luncheon. She added that they will be receiving their invitations in the next 20 day, or two. She stated that the luncheon is on Thursday, December 13, 2001 at 11:30 21 a.m. 22 XI. ADJOURNMENT. 23 Motion by Chair Melsha to adjourn the meeting at 9:26 p.m. 24 Motion carried unanimously. 25 Respectfully Submitted, 26 Courtney Seesz 27 Timesaver Off Site Secretarial, Inc. 28 6 Mayor 30 ATTEST: 31 City Clerk