HomeMy WebLinkAboutPL MINUTES 12182001 Meeting Sheet
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Folder: PL MINUTES AND AGENDAS 2001
Document: PL MINUTES 12182001
f i
1 CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 DECEMBER 18, 2001
6 7:00 P.M.
7
8
9 I. CALL TO ORDER
10 Chair Melsha called the meeting to order at 7:00 p.m.
11
12 II. PLEDGE OF ALLEGIANCE.
13 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance.
14
15 III. ROLL CALL.
16 Commissioners present: Chair Melsha; Vice Chair Stille, Commissioners Hanson, Steeves,
17 and Thomas.
18 Absent: Commissioner Tillman.
19 Also present: Assistant City Manager Susan Henry.
20
21 IV. APPROVAL OF AGENDA.
22
23 Motion by Vice Chair Stille, second by Commissioner Thomas, to approve the meeting agenda
24 with the change above.
25
26 Motion carried unanimously.
27
28 V. PUBLIC INPUT.
29 Hearing no comments, Chair Melsha moved forward with the agenda.
30
31 VI. MEETING MINUTES.
32 6.1 Review/Approval of the Planning Commission meeting minutes of November 20, 2001.
33 Vice Chair Stille requested the following deletion: Page 3, Line 12 to strike: "where he
34 lives."
35 Chair Melsha requested the following change: Page 5, Line 4 to read: "...and suggested
36 that the Planning Commission recommended that the City Council consider amending the
37 zoning code to allow this use as a conditional use." Strike the remainder of the sentence.
38 Commissioner Thomas requested the following correction: Page 14, Line 2: change
39 "five"to "ten".
40
41 Motion by Vice Chair Stille, second by Commissioner Hanson, to approve the Planning
42 Commission meeting minutes of November 20,2001,as amended above.
43
44 Motion carried unanimously.
45
46 VII. COMMUNICATION WITH CITY COUNCIL.
47 7.1 Designate a Planning Commission member to the City Council regular meeting of
• 48 August 28,2001.
49 Chair Melsha appointed Commissioner Steeves to attend the next City Council meeting
50 on January 8, 2002.
51
52
Planning Commission Meeting Minutes
December 18, 2001
• Page 2
1 VIII. HEARINGS.
2 8.1 Villap-e North, LLP, 2801 37`" Avenue Northeast: Conditional use permit for packaging
3 of wax and other components into candle products.
4 Henry indicated that, at the request of the applicant, on November 27, 2001, the City
5 Council adopted wax and scented wax manufacturing processes to be added under
6 permitted conditional use in the Light Industrial zoning district. She continued that the
7 applicant was now requesting a conditional use permit for a company called Essenco to
8 occupy the building at 2801 3Th Avenue Northeast. Essenco manufactures candles.
9
10 Henry stated that residents in the vicinity of the light industrial building at 280137"
11 Avenue Northeast have complained to City staff of perfumed odors coming from the
12 building over the last three to four weeks. Henry added that City staff has confirmed
13 Essenco already occupies the building and has begun its operation.
14
15 Henry indicated that Ken Solie has offered the concept of a review board as a possible
16 remedy if there is a problem with smell in the neighborhood. However, Henry stated,the
17 City Attorney has advised staff the City should not delegate its regulation to a citizen's
18 review committee, rather the City should have enforceable conditions in the conditional
19 use permit.
20
21 Henry concluded that the difficulty with this case is defining the problem: When has the
• 22 odor reached the public nuisance level? Is there a way to measure the smell? Or is it
23 merely subjective?
24
25 Ken Solie, owner of the building, came forward and agreed that it was very difficult to
26 set conditions of what determines a problem with odor. He continued that they looked at
27 four other cities that have ordinances in place that are relatable, and how they quantified
28 the condition.
29
30 Solie indicated that they contacted the code compliance people in four different cities to
31 see if they have had a problem relating to odor from the facilities in their cities. He
32 stated that all four people indicated that they have not experienced any difficulties with
33 the candle manufacturing company in their city.
34
35 Solie indicated that he had researched different ways to quantify an odor problem and
36 ways that it could be attached to a conditional use permit. Through his research, Solie
37 learned that the only way to determine the intensity of an odor was through human smell.
38
39 Solie proposed that they devise some sort of criteria that would determine the point at
40 which an odor would be a problem. He suggested a condition that stated: if complaints
41 were received from residents, it would lead to the assembly of a committee through an
42 unbiased process, or they would retain a consultant to aid them in establishing their
43 criteria regarding the issue of odor.
44
45 Solie continued that they have looked at the mechanical systems of the building to ensure
46 that everything was operating properly in the building. He indicated that he hired Dan
47 Shinlof, of Mechanical Operations, who has gotten the mechanical systems in the
48 building running properly.
Planning Commission Meeting Minutes
December 18,2001
• Page 3
1
2 Shinlof came forward to share his knowledge of the building, having looked it over at
3 Solie's request. He reviewed some of the details and mechanics of the building that
4 make the system function properly: a large unit on top of the building that pumps fresh
5 air into the building,two large exhaust fans on north side of the building.
6
7 Shinlof stated that the mechanics of the building were not functioning properly until this
8 week. He added that he went into the street to test the improved system, and stated that
9 he could not smell any odor.
10
11 Chair Melsha asked if,when they sampled the system, if they knew the direction of the
12 wind. Shinlof indicated it was a northwest wind, which was pretty typical.
13
14 Vice Chair Stille asked if there were other systems that they could use, if the recent
15 improvements did not satisfy the problem. Shinlof stated that there was the possibility to
16 add charcoal filters that could be put in line with the exhaust fans, or a hood over the area
17 where the actual manufacturing takes place.
18
19 Vice Chair Stille asked what type of smells the charcoal filters produce. Shinlof stated
20 that of the six hundred other buildings that his company works on,they have no filtering
21 systems. He added that the charcoal filters are the only ones that can actually filter any
22 smell out of the air.
23
24 Solie referred to a conditional use for a conditional use permit and indicated that,
25 generally speaking, they are involved in this type of business. He added that there is no
26 way to seriously demonstrate how effectively the improved system is working. He added
27 that, if they do get up and running and encounter problems,they will do the necessary
28 things to alleviate the concerns of the community.
29
30 Chair Melsha asked how expensive the charcoal filters are. Shinlof indicated that
31 installation of the original system would cost approximately $10,000, and maintenance of
32 the system would cost about $1,500 a year.
33
34 Solie stated that he was uncertain that there was a problem at this time with odor, and
35 reviewed the steps that they have taken to improve the mechanics of the building. He
36 added that the building has been running properly for only a week, and hoped that
37 residents were willing to see what they were willing to do to remedy any odor problems.
38
39 Chair Melsha stated that he was disappointed about was that the company was up and
40 running before they had received their approval. Solie reviewed the lengthy initial steps
41 that he took with the City of St. Anthony to allow the business to come into the City of
42 St. Anthony. He stated that he thought that Essenco was a perfect business to fall under
43 the light industrial category.
44
45 Solie continued that wax was not included in the light industrial. He stated that he, Mike
46 Morrison,and former Mayor Cavanaugh all assumed that going through with a change to
47 the city zoning ordinance to add wax would pass without any problem.
48
Planning Commission Meeting Minutes
December 18, 2001
Page 4
1 Solie continued that Levitus, owner of Essenco, needed to move out of his existing space,
2 so he moved all of his equipment over to the Village North location. Solie indicated that
3 the entire thing has dragged on for two months.
4
5 Levitus came forward to address the question of why they prematurely began operations.
6 He continued that it was a misunderstanding with what the City Council had granted.
7 Subsequently, he realized that they were in the wrong, and stopped operations
8 immediately.
9
10 Chair Melsha asked for the specific dates that they had been running. Levitus did not
11 have specific dates. He suggested that thy probably ceased operating ten days ago.
12
13 Levitus stated that Solie had done some research on the internet and provided Levitus
14 with a list of the fifteen residents that lived nearest the location. He added that he spoke
15 with several of them, all of whom were not concerned with the odor, nor had they noticed
16 any odor being omitted. He stated that the only resident that voiced any disconcertion
17 was a member of the family who placed the original complaint to the City.
18
19 Levitus continued that he had not received any return phone-calls from residents where
20 he left detailed messages and his phone number for the purpose of voicing any
21 complaints regarding the operation.
22
23 Chair Melsha asked Levitus to briefly explain his operation.
24
25 Levitus indicated that he spoke with St. Croix Sensory for the purpose of diluting the
26 fragrance with extra air. If they were to work with them, he suggested that the odor
27 should be eliminated by the time it would get across the street.
28
29 Vice Chair Stille asked about hours of operation. Levitus indicated that they typically
30 work one shift, home and that production start time was between 6:00 a.m. and 7:00 a.m.
31 He indicated that the shift lasts until 2:00 p.m. to 3:00 p.m. Levitus stated that
32 occasionally, based on seasonal needs, the shift might be extended a couple of hours. He
33 concluded by stating that August and September are the busiest time for them, and the
34 quietest are summer months.
35
36 Thomas asked if Levitus was operating at the last Planning Commission meeting of
37 November 20, 2002. Levitus indicated that they were not.
38
39 Commissioner Thomas asked about the twenty-five production employees that he
40 intended to hire, and if they were going to be receiving a living wage. Levitus stated that
41 he would pay them $7.50 an hour for an entry-level position.
42 Chair Melsha asked for a more concrete schedule from Levitus in terms of when they
43 would likely extend their hours. Levitus stated that August, September, October and first
• 44 part of November are the busiest time of year.
45
46 Solie stated that they did come across some specific terminology on how to quantify
47 odor. He reviewed a few scenarios with the Commission: appoint three neutral people to
Planning Commission Meeting Minutes
December 18, 2001
• Page 5
1 assess the condition of odor, or hire a consulting firm (St. Croix Sensory)to establish a
2 committee to evaluate the issue.
3
4 In addition, Solie continued, the mechanics of the building are operating properly, but if a
5 problem arose, they would hire a contractor to determine the ways to improve the
6 problem, and be in tune with the concerns of the residents. He stressed his commitment
7 to address concerns of the community.
8
9 Solie suggested that they allow the business to operate and then address any problems
10 that arise.
11
12 Doug Tanner, 2206 St. Anthony Parkway, expressed his concern that they were breaking
13 the laws of St. Anthony by operating without a conditional use permit. He added that
14 ignorance was no exception from these businessmen.
15
16 Tanner continued that the uncertainty on the part of Levitus to not be able to detail the
17 exact start and stop dates of the when the operation was running was unacceptable.
18
19 Tanner continued that he had visited the building on November 10, 2001. He stated that
20 an employee indicated that they had been making candles at that location for three to four
21 weeks, which meant that they were operating at the time of the last Planning Commission
• 22 meeting.
23
24 Tanner continued that he spoke to Levitus on the phone, and told his that the odors were
25 offensive. He continued that he had already gone through the details of the last odor
26 experience that came from the building in the past at the last Planning Commission
27 meeting. He acknowledged that there now exist two pink objects to block odor from
28 exiting through the front of the building, suggesting that they blocked off the front of the
29 building to prevent air from exiting.
30
31 Tanner continued to give examples regarding the operation and associated concerns with
32 the odor. He reviewed Solie's information and summarized it to say that the residents are
33 now forced to determine how much smell they can stand. He concluded that he felt that
34 the new ventilation system is pushing the odor out of the building twenty-four hours a
35 day.
36
37 Steve Valek, 2614 37'Avenue Northeast, came forward and explained that they were
38 able to smell the fragrance in their backyard just prior to tonight's meeting. He asked
39 how long the smell remains in the building once operations have ceased. Levitus
40 indicated that, as long as there is product in the building, there would be a smell.
41
42 Kim Shaddrick, 2510 37'Avenue Northeast, came forward. She indicated that,
43 regarding filters, she used to work in a high-rise downtown where filters were not
44 maintained due to cost, and health problems resulted from the neglect. She stated that
45 her husband did receive a phone-call from Levitus and was non-committal.
46
47 Shaddrick continued that,once they have a signed lease, would it be an issue that would
48 work against the community?
Planning Commission Meeting Minutes
December 18, 2001
• Page 6
1
2 Shaddrick stated that the first time that she smelled it was over Thanksgiving weekend.
3 She continued with some historical examples, all of which revealed her impression of the
4 operation was that the smell would be a long-term and invasive problem.
5
6 Shaddrick concluded that she feels that,as a community,they need to continue to
7 carefully assess and adopt those things that benefit the community. She stated that the
8 difference between a candle in one's home and the fragrance outside was that a candle
9 could be blown out, that it was a choice. She added that, in this matter,their rights and
10 freedom choice would be taken away.
11
12 Jennifer Tanner,2614 37`h Avenue, stated that she understood that no odors would be
13 emitted from the last meeting. Chair Melsha stated that was true.
14
15 Jennifer Tanner asked if anyone was checking up on whether the operation has ceased at
16 this time. Henry indicated that the City has stated,more than once, that Essenco was to
17 cease operation. Henry stated that she and Mike Mornson made it clear last Tuesday to
18 Levitus that operations should have ceased.
19
20 Valek stated that, if they were not manufacturing at this time,the smell would be ten
21 times worse than it was right now.
• 22
23 Doug Tanner stated that he was uncomfortable that no one appears to be following-up
24 with Essenco to ensure that they have ceased operation.
25
26 Solie came forward stating that he was unable to find where in the minutes it was stated
27 that there would be absolutely no odor omitted. Chair Melsha and the Commission sited
28 a few areas in the minutes that stated that it had been stated that no odor would be
29 emitted.
30
31 Travis Shaddrick, 2510 37 h Avenue Northeast, indicated that one of the metal doors was
32 open halfway recently, referring to Solie's statement earlier this evening that the building
33 was supposed to be sealed. Shaddrick also asked why they were dishonest about
34 operating, are why the blinds were closed.
35
36 Levitus stated that the blinds are closed for security reasons,and to keep the heat from
37 the southern sun out.
38
39 Chair Melsha closed the public hearing at 8:11 p.m.
40
41 Commissioner Thomas stated that whenever they get down to zoning issues, it usually
42 comes down to money. He added that they needed to determine if the operation was
43 truly going to be a detriment to the homeowners located near the building. He suggested
• 44 that they have a six-month trial period based on the satisfaction of the residents in the
45 area, using the current ventilation system. He added that the charcoal filters and hoods
46 over the actual candle-making units would be the next step that they would take in order
47 to improve the odor issue.
48
Planning Commission Meeting Minutes
December 18, 2001
• Page 7
1 Chair Melsha responded that, if they did the trial, it would need to be the most objective
2 criteria as possible to determine whether the conditions of the trial are being met. Chair
3 Melsha suggested that they add the charcoal filters now.
4
5 Vice Chair Stille asked what the criteria was in order for the Commission to deny a
6 conditional use permit. Chris Smith, City Attorney, stated that, in order to deny a
7 conditional use permit, it would depend upon the standards that they were to establish.
8
9 Chair Melsha stated that he understood that there was a fairly high standard regarding
10 health and safety. Smith stated that it was hard to quantify smell, and that perhaps the
11 Commission should require filters at this time.
12
13 Chair Melsha asked if a threat to personal welfare was grounds for denial of a conditional
14 use permit. Smith stated that it was.
15
16 Commissioner Thomas asked about the impact on property values. Smith stated that it
17 was difficult to quantify because of the injury that was being proposed. He stated that the
18 Commission and City Council could make a finding, based on the evidence that was
19 before them,that it would be detrimental to the property values. He added that if they
20 had evidence, such as personal testimonies of residents who live in the area and find the
21 odors offensive,then the finding would be upheld
• 22
23 Chair Melsha expressed his concern of taking a leap of faith. He added that he was
24 uncertain that a trial period would be a good option.
25
26 Vice Chair Stille stated that putting a time frame on a permit would find them at the same
27 place, at a later date. He added that he had a larger problem with the buildings that were
28 to be built across the railroad tracks.
29
30 Commissioner Hanson stated that he was uncomfortable with the fact that they illegally
31 began operations. In his mind, he believes that they have already proven that the
32 charcoal filters are necessary immediately.
33
34 Commissioner Steeves stated that they still had decisions to make regarding evaluation
35 regardless of how soon. He added that having a panel of independent citizens who have
36 no vested interest in the outcome was the only way that they could come to any fair
37 conclusion.
38
39 Commissioner Thomas stated that there are people who do work on odors at the
40 University of Minnesota.
41
42 Chair Melsha asked for Smith's opinion on what they are discussing.
43
44 Smith stated that, if they were to come up with an objective panel, it would be the best
45 way to protect the City from a lawsuit. He added that they might not want to limit the
46 condition to say no order, but perhaps no odor beyond a certain point.
47
Planning Commission Meeting Minutes
December 18, 2001
• Page 8
1 Chair Melsha stated that they could adopt conditions to provide for the upgrade of the
2 filters. He added that he was a little uncomfortable with having a panel.
3
4 Chair Melsha asked Smith his opinion on re-visiting a condition in ninety days. Smith
5 stated that there still needed to be some sort of basis for which to apply conditions.
6
7 Vice Chair Stille stated that everything needed to be taken within context.
8
9 Commissioner Hanson suggested that they force Essenco to put the new filters in place,
10 and re-visit the issue in ninety days.
11
12 The Commission talked over a few options for measuring odor: professionals, consulting
13 firms, and panels.
14
15 Vice Chair Stille suggested that no unreasonable odors omitted from the building could
16 be found to impact surrounding residential properties as a condition. He added that
17 would also protect them down the road with the Northwest Quadrant project.
18
19 Solie suggested that they have St. Croix Sensory come back to a City Council meeting to
20 recommend some sort of plan that they could agree upon.
21
• 22 Vice Chair Stille stated that they should make the installation of the upgraded filters an
23 immediate condition. He added that having Essenco add the charcoal filters and then
24 pulling the permit after a trial period would be somewhat unfair and very costly to
25 Essenco.
26
27 Commissioner Thomas stated that they were assured by Solie on several occasions that
28 the carbon filters would solve the problem. Solie stated that he would rather have the
29 expert come in and assess what needed to be done before installing new filters.
30
31 Shinlof stated that there was not a specific system for this circumstance and that it would
32 need to be designed, thus,the process would take a bit of time. He added that it would
33 take between thirty to forty-five days in order to complete the installation.
34
35 Levitus stated that when he spoke to St. Croix Sensory, they stated that there are options
36 in addition to the charcoal filters. He added that the price of alternative options was
37 comparable to the charcoal filters.
38
39 Chair Melsha suggested tabling making a decision on a conditional use permit. He asked
40 when the clock would start ticking for Essenco if they were to do that.
41
42 Commissioner Steeves stated that the clock does not start ticking on the sixtieth day, if
43 the application was found incomplete.
44
45 Commissioner Hanson stated that they could extend the application another sixty days at
46 next months Planning Commission meeting.
47
Planning Commission Meeting Minutes
December 18,2001
• Page 9
1 Chair Melsha stated that he did not like to table things, but feels that, under the
2 circumstances, it would be beneficial to table the issue at this time.
3
4 Vice Chair Stille indicated that he wanted to work with Essenco, as well as the
5 community. He stated that shutting down the operation would be hard on their business.
6
7 Commissioner Hanson noted that it would be necessary to have the operation running in
8 order for the experts to accurately assess the odor.
9
10 Commissioner Steeves agreed that it would be difficult for Essenco to remain in limbo.
11
12 Solie suggested a period of time for the company to operate and determine if there was a
13 problem, and then go in and solve the problem.
14
15 Doug Tanner stated that Essenco made a mistake,and should not be able to operate at
16 this point. He added that perhaps the Commission could make a decision that would
17 allow the operation to continue, and that smell was the only issue for him.
18
19 Levitus stated that Tanner made a good point that all that the residents do not want is the
20 smell. He added that there needed to be an index from which to determine the smell,
21 which St. Croix Sensory could provide.
22
23 Carol Patrick, 3633 Edward Street, stated that her concern was that an independent
24 contractor would make the decision for the community.
25
26 Chair Melsha suggested that they have a 120-day period for which to operate along with
27 attached conditions:
28 • Consultant approved by the City.
29 • Applicants take whatever necessary measures to diminish the smell.
30 • After 120 days hold a public hearing to determine if the use is injurious to health
31 and property values, if not, whether any additional conditions should be set at that
32 time.
33
34 Commissioner Steeves suggested that they have received nothing but confidence that
35 Solie and Levitus would take any necessary measure to solve the problem at their own
36 expense. He suggested that they grant the conditional use permit, find that the odor is
37 injurious to property owners, and state that the conditional use permit would always be
38 up for review, and a 120-day hearing upon every two residential complaints.
39
40 Chair Melsha clarified that the standard is that the Planning Commission make a
41 judgement based on a public hearing. Commissioner Steeves added that the standard is
42 that it is found tonight that the odor is injurious to residential property owners.
43
44 Vice Chair Stille asked for Smith's opinion. Smith stated that there might be some
45 difficulty in assessing if there is evidence at this time to support the conclusion that odor
46 is injurious to residential properties.
47
Planning Commission Meeting Minutes
December 18, 2001
• Page 10
1 Commissioner Thomas handed a copy of a nuisance form from California to Smith to
2 examine. He felt that the standard of the nuisance form still was subjective.
3
4 Vice Chair Stille suggested that they contemplate Commissioner Steeves' suggestion,
5 and go with Chair Melsha's suggestion at this time.
6
7 Smith indicated that Chair Melsha's suggestion was reasonable.
8
9 Motion by Chair Melsha, second by Commissioner Steeves, to recommend granting the
10 conditional use permit for Village North, LLP, 280137",Avenue Northeast with the
11 following conditions:
12 • Candle manufacturing can only occur between the hours of 6:00 a.m. through
13 4:00 p.m., Monday through Saturday.
14 • The operation can operate as is for 120 days after which the Planning
15 Commission would hold a public hearing to determine whether, or not there exist
16 problems associated with the smell.
17 • Conditional use permit may be revoked if findings at the end of the 120-day
18 period indicate that the odor is injurious to the public health, welfare including
19 property values of the surrounding neighbors.
20 • At the end of the 120-day period,the City reserved the right to place any
21 additional, reasonable conditions on the use.
` • 22
23 Motion carried unanimously.
24
25 Chair Melsha clarified that nothing was approved this evening, and stated that the
26 conditional use permit request would go before the City Council on January 8, 2002.
27
28 8.2 City of St. Anthony: Require business license for therapeutic massage parlors and amend
29 Zoning Ordinance Section 3.635.02.
30 Henry stated that, a couple of months ago, arrests were made at one massage operation
31 for prostitution. She added that, under the present City Ordinance, therapeutic massage
32 is not a defined term and the City does not require a license, making it very difficult to
33 stop the operation of a massage operation where prostitution may be occurring.
34
35 Henry stated that by requiring massage operations to obtain a business license and
36 providing certain clearly delineated standards for operation,the City may more
37 effectively regulate these activities and ensure that only massage parlors are located in
38 the City.
39
40 Henry stated that the ordinance provides for a detailed application to be filed for the
41 license by the applicant,an investigation of the applicant by the Police Department, and
42 the standards for the manager to deny the issuance of a license. Henry added that, in
43 addition,the ordinance speaks to investigation and approval/denial of application,
44 including the suspension or revocation of the license and specifically provides that any
45 conviction for prostitution or any other crime or violation involving moral turpitude
46 results in a revocation of the license.
47
Planning Commission Meeting Minutes
December 18, 2001
• Page 11
1 Henry continued that, once the City Council adopts the ordinance, it goes into effect
2 immediately and existing businesses will have 120 days to comply with the new
3 ordinance. She stated that the license fee was$250,while the investigation fee deposit
4 was$500. Henry also stated that the number of licenses allowed for this type of business
5 was five,under this ordinance.
6
7 Smith added that the reason this was before the Planning Commission as a public hearing
8 tonight was because of the zoning change.
9
10 Chair Melsha asked how the fee would be determined for existing businesses. Smith
11 stated that the amount could certainly be changed.
12
13 Resident Mary Luger-Sarter, 3807 Stinson Boulevard, stated that she was a massage
14 therapist at a couple of different places in the City of St. Anthony and found it very
15 offensive when they referred to her type of business as a"massage parlor". She stated
16 that she found the fee was astronomical for the City of St. Anthony,especially when
17 someone was starting a new business.
18
19 Smith indicated that the essence of the ordinance is from Edina, but the numbers in the
20 ordinance are not based on the Edina ordinance.
21
• 22 Resident Barry Tedlund, owner of Fitness Crossroads, stated that he was questioning
23 what licensing was going to do for the community, not having any type of review process
24 that it had to go through. He was uncertain that licensing was the answer, and if it was
25 able to provide the means to stop what has happened.
26
27 Chair Melsha asked if Tedlund's business would fall under the guidelines of the massage
28 therapy ordinance. It was determined that his business would not be subject to the
29 discussed requirements.
30
31 Commissioner Thomas asked if he was seeing a growing demand. Tedlund stated that
32 was true, and that he was encouraging massage therapy.
33
34 Arlene Fernandez, owner and manager at The Center for Stress Reduction in St.
35 Anthony. She indicated that she has been in massage therapy for thirteen years. She
36 stated that the mission for her was to provide her clients with a relaxing therapeutic
37 massage at an affordable rate, as well as guidance and a supportive environment for
38 practitioners who are entering the field.
39
40 Fernandez agreed with Tedlund that requiring licensing would not necessarily eliminate
41 prostitution.
42
43 Fernandez listed many of the beneficial effects of therapeutic massage: improved
• 44 circulation, eliminating toxic debris from the body, relaxes muscle spasms, improved
45 muscle tone, reduced strain from the heart, etc.
46
Planning Commission Meeting Minutes
December 18, 2001
• Page 12
1 Fernandez stated that she feels that the $500 would be difficult for those businesses to
2 come up with. She added that she would happily volunteer her time to help the Planning
3 Commission with this issue.
4
5 Ralph Canton came forward and stated that he has been a massage therapist for seventeen
6 years. He stated that the origin of a license is based on the degree of harm that one can
7 do, and referred to medical doctors. He added that massage therapy really has the
8 potential to inflict very little harm on patients.
9
10 Canton concluded that there was very little benefit to licensing massage therapists.
I l Canton also referred to historical roots of therapeutic massage.
12
13 Commissioner Thomas asked what the typical investment would be for a student to start
14 up there own business. Canton stated that he could not give a figure, as he suggests to his
15 students that they operate out of their own homes to eliminate any overhead.
16
17 Commissioner Hanson asked what was recommended from the Police Department.
18 Henry stated that the Police Department and the City Attorney both recommended the
19 ordinance, as it gives them teeth in order to shut down legitimate therapeutic massage
20 businesses.
21
• 22 Chair Melsha closed the public hearing at 9:52 p.m.
23
24 Commissioner Thomas stated that his initial reaction was that they are trying to deal with
25 a police issue through zoning. Henry stated that if they are a legitimate business,they
26 should not have trouble complying.
27
28 Chair Melsha indicated that he did not see the $5,000 investment as being too significant
29 in terms of a capital investment.
30
31 Smith sited a part of the ordinance that would not restrict a person to go to someone's
32 home for a massage. He also noted that the fees were for a business, not the individuals
33 that comprise an entire business.
34
35 Chair Melsha stated that the focus of the Commission should be on how a property is
36 used.
37
38 The Planning Commission discussed the possibility of changing the number of licenses
39 allowed for this type of business to more than five. They also discussed changing the
40 licensing fees.
41
42 Smith recommended that they put a specific number in the ordinance for cost of license.
43
44 Motion by Vice Chair Stille, second by Commissioner Steeves,to approve the City of St.
45 Anthony: Require business license for therapeutic massage parlors and-amend Zoning
46 Ordinance Section 3.1635.02.
47
48 Motion carried unanimously.
Planning Commission Meeting Minutes
December 18, 2001
• Page 13
1 V. INFORMATION AND DISCUSSION.
2 8.1 Review Budget Amendment for Tax Increment Financing (TIF) District.
3 Henry stated this review was merely for the information of the Planning Commission.
4 She clarified that they wanted to bring it before them because they are involved in the
5 plans.
6
7 Henry continued that the purpose was to add to the TIF plan: removal and purchase of the
8 Hardee's property on Silver Lake Road, Exhaust Pro's property on Silver Lake Road, and
9 removal of the Phillip's 66 gas station on the southern end of the city.
10
11 Henry continued that the revenue to pay for the redevelopment would come from the
12 Chandler Fund of approximately$1.7 million.
13
14 8.2 Point of Sale Housing Code Update.
15 Henry indicated that the subcommittee met recently to discuss the point of sale housing
16 evaluation code. She stated that they are back to working with the code that was brought
17 forward in 1998; however,they would like to see more detail added in under some of the
18 specific evaluation areas (plumbing, structural, and aesthetics).
19
20 Commissioner Thomas stated that the subcommittee was essentially going line-by-line
21 through the New Hope ordinance and determining what could be added into the St.
• 22 Anthony housing code.
23
24 Commissioner Hanson stated that the reason for examining the housing code was for the
25 purpose of improving the housing stock in the City of St. Anthony.
26
27 The sub-committee asked the Commission for their input on the aesthetics portion of the
28 housing code.
29
30 Chair Melsha indicated that he had a problem with landscaping and meeting minimum lot
31 coverage requirements that are found in Subd. 6.
32
33 It was decided that the Commission strike the third and fourth items from Subd. 6. It was
34 also determined that Subd. 6, letter(d)could be moved to another section, but kept in the
35 ordinance.
36
37 Vice Chair Stille mentioned the issue of drainage, and asked if they should add that to
38 Subd. 5.
39
40 Commissioner Thomas asked for feedback on door-locks and security.
41
42 Commissioner Hanson mentioned home-based businesses and questioned if there should
43 be an ordinance for a home-based businesses.
44
45 Chair Melsha asked what the next step was for the Commission regarding the housing
46 code. Commissioner Steeves stated he was willing to be a member of the housing code
47 sub-committee.
48
Planning Commission Meeting Minutes
December 18,2001
• Page 14
1 It was determined that the next update on the Housing Code would be at the February
2 Planning Commission meeting.
3
4 8.3 Northwest Ouadrant Redevelopment Update.
5 Henry referred to the letter from Mayor Hodson regarding the schedule for the Northwest
6 Quadrant.
7
8 Henry indicated that there would be a developer Open House for the Northwest Quadrant
9 on January 24, 2002, from 4:00 p.m. to 8:00 p.m., at St. Anthony City Hall and
10 Community Center. The potential developers are: Centex, Opus Corporation, Pratt-
11 Ordway,and Sherman and Associates.
12
13 Henry stated that on February 5, 2002, the City Council will interview the four
14 developers during a Work Session 6:00 p.m. to 10:00 p.m.
15
16 X. ANNOUNCEMENTS.
17 Chair Melsha commended the Commission on their work this evening regarding the request by
18 Essenco for a conditional use permit.
19
20 Commissioner Steeves stated he was very pleased that they had four potential developers for the
21 Northwest Quadrant.
• 22
23 Commissioner Thomas commended Chair Melsha on his leadership this evening.
24
25 X1. ADJOURNMENT.
26 Motion by Chair Melsha, second by Commissioner Hanson, to adjourn the meeting at 10:35 p.m.
27
28 Motion carried unanimously.
29
30
31
32 Respectfully submitted,
33
34
35 Courtney Seesz
36 Timesaver Off Site Secretarial, Inc.
37
PLA(` NI`JG DOARD "MINUTES
1975)