HomeMy WebLinkAboutPL MINUTES 03192002 Meeting Sheet
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Folder: PL MINUTES AND AGENDAS 2002
Document: PL MINUTES 03192002
CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING AGENDA
• MARCH 19, 2002
7 p.m., Council Chambers
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC INPUT
Individuals may address the Planning Commission about any item not included on the regular
agenda. Speakers are requested to come to the podium, state their name and address for the
Clerk's record, and limit their remarks to five minutes.
5. APPROVAL OF AGENDA
6. MEETING MINUTES
6.1 Review and Approve Planning Commission Minutes of February 19, 2002
7. COMMUNICATION FROM CITY COUNCIL
• 7.1 Designate a Planning Commission Member to the April 9, 2002, City Council Meeting
8. PUBLIC HEARINGS
8.1 Village North, LLP, 2801 37th Avenue Northeast, Amend the Conditional Use Permit for
Essenco, a candle manufacturer.
9. INFORMATION AND DISCUSSION
9.1 Northwest Quadrant Redevelopment Update
10. ANNOUNCEMENTS
11. ADJOURNMENT
ATTENTION PLANNING COMMISSION MEMBERS:
IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE CONTACT SUE HENRY AT
612-706-1324.
1 CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING
4
5 MARCH 19, 2002
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,
17 Steeves, Thomas, and Tillman.
18 Absent: Commissioner Hoska.
19 Also present: Assistant City Manager Susan Henry.
20
21
22 IV. PUBLIC INPUT.
23 Hearing no comments, Chair Melsha moved forward with the agenda.
24
105 V. APPROVAL OF AGENDA.
26 Motion by Commissioner Steeves, second by Commissioner Thomas, to approve the meeting
27 agenda.
28
29 Motion carried unanimously.
30
31 VI. MEETING MINUTES.
32 6.1 Review and Approve the Planning Commission meeting minutes of February 19, 2002.
33
34 Motion by Commissioner Hanson, second by Commissioner Thomas, to approve the
35 Planning Commission meeting minutes of February 19, 2002.
36
37 Motion carried unanimously.
38
39 VII. COMMUNICATION FROM CITY COUNCIL.
40 7.1 Designate a Planning Commission member to the City Council regular meeting of April
41 9, 2002.
42 Chair Melsha indicated that Commissioner Hanson was available to attend the City
43 Council meeting on April 9, 2002.
44
45 VIII. PUBLIC HEARINGS.
46 8.1 Village North LLP 280137 1h Avenue Northeast Amend the Conditional Use Permit for
107 Essenco, a candle manufacturer.
48 Chair Melsha opened the public hearing at 7:03 p.m.
49
1
Planning Commission Meeting Minutes
March 19, 2002
Page 2
•t Henry indicated that the applicant, Ken Solie of Village North LLP, property owner of
2 the light industrial building at 280137 Ih Avenue Northeast, is requesting an amendment
3 to their current Conditional Use Permit. She indicated that the applicant is asking to
4 remove the September 1, 2002 expiration date and, in its place, place no expiration date.
5
6 Henry provided the Commission with a background on the issue from January 8, 2002
7 until the present. She indicated that, over the past several months, neighboring residents
8 have been calling city offices complaining of the nuisance of strong candle-related
9 smells.
10
1 t Henry also stated that Essenco has stated that it is important for them to know where they
12 stand now, rather than later, as their busy season is nearby when the Conditional Use
13 Permit expires on September 1, 2002.
14
15 Chair Melsha provided the public with a few rules before residents came forward to
16 speak. Primarily, Chair Melsha requested that residents use the microphone and keep
17 comments as direct and succinct as possible.
18
19 Steve Levitus, owner of Essenco, came forward to address the Commission and residents.
20 He stated that they have retained the services of McGinley and Associates, a world-
21 renowned sensory expert who deals with odor mitigation. Levitus indicated that
12 McGinley provided Essenco with a report and recommendation which has been
3 distributed to the Commission.
24
25 Levitus stated that McGinley indicated that the installation of the proposed equipment
26 would reduce the level of fragrance and the frequency of fragrance migration by at least
27 75%. He indicated that the proposal consists of a system of collection, filtration, and
28 dilution.
29
30 Levitus reviewed a diagram that illustrated the United Operations exhaust ducting
31 system, the Farr brand carbon filtration system, and the Stobic Air brand roof mounted
32 fan for the"Fragrance Mitigation Plan."
33
34 Levitus indicated that the proposed exhaust system would achieve a noticeable reduction
35 in the strength of the fragrance that is now being observed in the surrounding
36 neighborhood and would reduce the frequency that the fragrance is observed. He added
37 that the reduction in strength and frequency of fragrance would come form the carbon
38 filtration of the fragrance within the building.
39
40 Levitus indicated that they were very confident that this would make the fragrance
41 problem better, reducing the complaints by 1/3.
42
•
2
Planning Commission Meeting Minutes
March 19, 2002
• Page 3
1 Chair Melsha indicated that Levitus and Solie initially indicated that they could control
2 the smell, and asked what has changed. Levitus indicated that the expert consultant has
3 changed things.
4
5 Chair Melsha indicated that the entire concern initially was that the City wanted to
6 maintain some control, thus they attached the time limit to the conditional use permit. He
7 added that Levitus and Solie said that they would fix problems during the time of the
8 conditional use permit, and they have not. Levitus stated that he was not willing to spend
9 $50,000- $80,000 to have a permit that lasts for five more months.
10
11 Commissioner Thomas indicated that he spoke with a research scientist at the State
12 Department of Health who was familiar with McGinley and Associates. He stated that
13 she informed him that there was no guarantee that the odors could be mitigated 100%of
14 the time. Levitus stated that was his understanding.
15
16 Commissioner Thomas asked if one of the reasons for the request to remove the timeline
17 from the conditional use permit was because they could not guarantee 100%mitigation to
18 the satisfaction of the residents. Levitus stated the reason for the amendment request was
19 to do normal business planning.
20
21 Vice Chair Stille asked about ongoing maintenance of the system. Levitus stated that the
12 filters would be changed by their own maintenance staff, and would be changed
3 anywhere from once a month to once/quarter. He stated that the cost of the filters was
24 about $2,000 per filter.
25
26 Chair Melsha asked who was responsible for the installation of system, and maintenance
27 between he and Solie. Levitus stated they have not yet determined that. He stated that
28 they discussed sharing the cost, perhaps at a ratio of 50-50.
29
30 Vice Chair Stille asked how the plant would be cool enough in the summer with the
31 exchange of air that will be taking place with the filtration system. Levitus indicated that
32 he was not an engineer, and could not answer for certain; he stated that he was relying
33 on McGinley for that type of information.
34
35 Commissioner Tillman referred to the last paragraph of McGinley's letter where he
36 describes testing the performance of the system. Levitus stated that he could not answer
37 too much regarding the system's operations. Tillman asked if there had been any work
38 done on the system thus far. Levitus indicated that they have not done any work yet,but
39 would begin doing work before the system was installed.
40
41 Commissioner Thomas asked why they left their last site. Levitus stated that the landlord
42 was getting upset because there was a tenant above the plant, a doctor's center, and the
43 fragrance migrated through the floor, causing problems. Levitus added that they
�4 negotiated an agreement with the landlord to leave.
3
Planning Commission Meeting Minutes
March 19, 2002
• Page 4
1
2 Commissioner Thomas asked about reports of employees getting ill at the doctor's office.
3 Levitus indicated that he recalled one or two employees of the clinic as having problems.
4
5 Resident Kim Shaddrick, 2510-37`h Avenue Northeast, came forward to address the
6 Commission. She brought a couple of candles and indicated that Essenco was making
7 candles in glass, and good quality candles (according to Linens `n Things), such as theirs,
8 would cost about$20.00. Shaddrick's point was that they could afford the exhaust
9 system.
10
11 Shaddrick distributed a copy of the resident petition to the Commission. She expounded
12 on the fact that the City requested that residents do their part and call in with their
13 complaints regarding the odor, which she very confidently stated that they had done.
14
15 She reminded everyone that the issue at hand is business, and that Levitus and Solie do
16 not seem to mind what practices they perform and however they may tarnish their own
17 reputation in order to get their desired result.
18
19 Shaddrick referred to the manufacturing and non-manufacturing hours, and asked if the
20 non-manufacturing hours had been dropped. She stated that there have been workers at
21 the plant until 11:00 p.m.
2
3 Shaddrick stated that the residents were fighting for air-quality. She stated that Levitus
24 mentioned the cost of the exhaust system which, she noted, was simply the cost of doing
25 business, and oftentimes a tax write-off.
26
27 Shaddrick concluded by requesting that, instead of making more promises, Essenco
28 commit to what has already been approved for them, or leave St. Anthony.
29
30 Vice Chair Stille asked Shaddrick about the potential harm to residents regarding air-
31 quality and lifestyle. Shaddrick stated that she does not call the city unless she finds the
32 odor offensive and obtrusive. She stated that she goes back inside when the odor is
33 present.
34
35 Dwight Skinner, 3629 Edward Street, stated he had four points of which were a concern
36 to him: wintertime, on-going maintenance and associated costs, conditional use permits
37 exist with the conditional use in order for the City to maintain control, proposal
38 presented by Levitus tonight seems to be more of a contract than a proposal.
39
40 Doug Tanner, 2206 St. Anthony Parkway, asked if there was anyone on the Commission
41 who has not experienced the odor. Commissioner Tillman was the only commissioner
42 who had not smelled the odor.
43
fe
4
Planning Commission Meeting Minutes
March 19, 2002
• Page 5
1 Jennifer Tanner, 2614-37`h Avenue Northeast, indicated that a group of residents from the
2 community came together and comprised the petition that was presented this evening.
3 She reviewed the details of the petition.
4
5 Chair Melsha asked about the direct effects of the odor on Tanner. She referred to a day
6 when she was shoveling for hours and smelled the odor the entire time. She added that,
7 emotionally, it has affected her.
8
9 Tanner indicated that she and her husband are currently bringing their home up to code,
10 which has been extremely stressful. She added that she and other residents have really
11 invested a great deal of time in their efforts to get Essenco out.
12
13 Chair Melsha asked what, as residents, they have to do differently. Tanner indicated that
14 her option is to go inside her home, which she does not want to have to do in the spring
15 and summer months.
16
17 Doug Tanner returned with some comments. He briefly summarized what has transpired
18 since the November 20, 2001 Planning Commission meeting. He highlighted the fact
19 that, at that time, they were told that there would be no odor emitted.
20
21 Tanner referred to the costs associated with the exhaust system, which were capital costs,
2 and would make the property more attractive to other buyers. He added that the
3 installation of the exhaust system would make his previous statements of caring about the
24 residents of the community truthful.
25
26 Tanner stated that he was assuming that Solie was only the landlord and property owner
27 and had no financial interest in Essenco. He added that Levitus prematurely began
28 operations, which would be reason enough to not continue conducting business with him.
29
30 Tanner referred to property values, and the effect that the odor would have on properties
31 within a certain area of the manufacturing plant. He indicated that, under the law,
32 anything that effects the enjoyment of the property must be divulged at the time of the
33 sale of the property.
34
35 Tanner concluded that Essenco has taken advantage of the City if St. Anthony. He
36 indicated that he has learned from the experience to check references, etc. He thanked
37 the Commission for allowing him to speak, and participate in the process, as he has
38 gained a great deal of knowledge.
39
40 Tanner requested that the Commission recommend that the September 1, 2002 deadline
41 remain in place.
42
•
5
Planning Commission Meeting Minutes
March 19, 2002
• Page 6
t Tanner commended the Commission's presence at the City Council meeting of
2 December 18, 2001 and stated that he wished that the Council would have given the
3 findings of the Planning Commission more credence.
4
5 Commissioner Steeves asked if Tanner had the names of the realtors with whom he
6 spoke.
7 Tanner could not recall the names. Tanner re-stated that anything that effects the
8 enjoyment of the property would need to be divulged to potential buyers.
9
10 Resident Beth Anderson, 2604 37`h Avenue Northeast, came forward to share her
1 t concerns. She referred to the issue of winter when a small amount of time is spent
12 outside. She referred to her concern over the relationships between fragrances and
13 allergies. She asked what happens if the fragrances are not mitigated by summertime.
14
15 Resident Doug Patrick, 3633 Edward Street, asked if they were going to go from air
16 pollution to noise pollution. He asked what guarantee the City has that they will install
17 the exhaust system.
18
19 Resident John Mindotte, 3420 Highcrest stated his concern was with allergies. He added
20 that health is the most important thing in life, and the Commission needs to do its part in
21 protecting the health of the community.
2
3 Resident Bud Bjorke, 3626 Coolidge Street Northeast, stated that what was happening
24 was not acceptable. He stated that a home would never sell, if buyers caught a whiff of
25 the odor. He added that the issue of addressing the level of odor was highly subjective,
26 and concluded that he was not against new business in the City of St. Anthony, but that it
27 needs to be the right business.
28
29 Doug Bergstrom, 3620 Edward Street Northeast, stated that he agreed with Bjorke's
30 comments that odor measurement was very subjective. He questioned how the issue of
31 odor would be regulated by the city. He suggested that there should be some allowance
32 where the city can retain some tools to provide further enforcement, if possible.
33
34 Chair Melsha indicated that they have already taken that path.
35
36 Resident Denise Studer, 3631 Harding Street, stated her concern with allergies, as she
37 and her husband and three children all have allergies.
38
39 Chair Melsha invited Levitus to address the concerns that have been raised.
40
41 Levitus stated he had only a few things to say. He stated that he has had allergies all of
42 his life, he indicated that the odors in his business have never effected him. He indicated
43 that the fragrances used in his products are synthetic, and not from essential oils.
�4
6
Planning Commission Meeting Minutes
March 19, 2002
• Page 7
1 Levitus referred to his employees, and stated that no one has quit, nor been adversely
2 effected by the fragrances.
3
4 Levitus stated that Solie and himself have kept logs of their own. He stated that they
5 have not noticed any fragrance odors farther than across the street from the plant, where
6 Jennifer Tanner and her husband live.
7
8 Levitus stated that Solie has no financial investment in Essenco, and that their
9 relationship is strictly one of landlord/tenant.
10
11 Levitus stated that there is a lot of information on the issue that is not factual, and stated
12 that the process should be based on the merits of facts.
13
14 Levitus stated that they, too, have spent a lot of time on this process. He stated that he
15 puts his trust in the experts, and is confident that this proposal will alleviate the problem
16 to a very great extent.
17
18 Commissioner Steeves asked if they were to adopt some sort of language to the
19 conditional use permit that would require Essenco to make best efforts to reduce the odor
20 being emitted to an acceptable level, and perhaps attach a minimum annual dollar figure.
21 Commissioner Steeves asked because if, a year down the road, there are still fragrance
�2 issues, would they be willing to do whatever necessary and continue making investments.
3
24 Levitus stated that he felt that they were exercising their best efforts at this time, and was
25 uncertain that he could answer that question at this time.
26
27 Chair Melsha asked what would happen after they made the initial investment through
28 McGinley and Associates, and it was determined that there was no appreciable
29 improvement in the odor. Levitus stated that the business could not afford hundreds and
30 thousands of dollars.
31
32 Chair Melsha asked if Levitus thought that, in its current form, the odor was harmful to
33 residents. Levitus stated that he does not find the odor objectionable.
34
35 Levitus stated that he was uncertain that any amount of money invested in the operation
36 would be enough to satisfy the residents.
37
38 Commissioner Hanson asked, if the city did not decide to grant the amendment, what
39 were the future plans for Essenco. Levitus stated his future plans were to move outside
40 of the city of St. Anthony.
41
42 Commissioner Steeves asked about the noise levels of the proposed exhaust system.
43 Levitus indicated that there exists the option to put a silencer on the fan, which they
�4 would do.
7
Planning Commission Meeting Minutes
March 19, 2002
• Page 8
1
2 Chair Melsha closed the public hearing at 8:48 p.m.
3
4 Chair Melsha stated that, if they were to approve the amendment, he was uncertain as to
5 what conditions they would attach that would be a way to measure conduct. He added
6 that, as long as the proposed use fits within the statutes for conditional uses, it is granted.
7 Chair Melsha indicated that the general exception to that is when the use would interfere
8 with the general health, safety and welfare of the residents.
9
10 Chair Melsha stated that the track record with the applicants has been disappointing, and
11 indicated that he felt that there is a sufficient basis to deny the request to lift the deadline.
12
13 Commissioner Tillman asked what the Planning Commission was doing tonight, and how
14 a conditional use pen-nit could be revoked. Chair Melsha stated that they have to fail to
15 comply with the conditions.
16
17 Henry stated that there would have to be proof of failure to comply with the conditions,
18 but that the city could revoke a permit.
19
20 Vice Chair Stille stated that he was having a difficult time with the issue, considering the
21 light industrial aspect. He stated that he was very intent on listening to anything that
12 residents would say regarding how the smell affected their lives.
3
24 Vice Chair Stille stated that documentation shows that the odor does get worse in the
25 summertime. He stated that they have a potential health and welfare problem with
26 Essenco. He stated that the system needs to be put in, and then a decision made.
27
28 Commissioner Steeves echoed Vice Chair Stille's comments. He stated that he feels that
29 there has been some testimony to health and real estate issues. He added that the
30 difficulty was in the quantifying of the odor to a level of satisfaction.
31
32 Commissioner Steeves stated that they needed to draft some language that allowed the
33 extension, but allows for the city to intervene, if deemed necessary. He stated that he
34 was uncomfortable with denying the request.
35
36 Chair Melsha asked Commissioner Steeves for some language suggestion.
37 Commissioner Steeves suggested they recommend an annual dollar amount, requiring a
38 certain number of replacements per year, and still the ability of the city to add additional
39 mitigation dollars, as they felt necessary.
40
41 Vice Chair Stille stated that the issues are still subjective.
42
•
8
Planning Commission Meeting Minutes
March 19, 2002
• Page 9
1 Chair Melsha stated that he appreciates the expense to the company, but not to the extent
2 that they should amend their conditional use permit. He stated that he was comfortable
3 with the terms that the city granted in January.
4
5 Commissioner Thomas stated he has done some research with land use, and stated that he
6 would be in favor of denying the amendment this evening.
7
8 Commissioner Thomas referred to some of the language contained in the Illinois
9 Environmental Policy Review.
10
1 l Commissioner Thomas stated that, rather than trying to get the conditional use permit to
12 work, he feels it should not be there at all.
13
14 Commissioner Hanson stated that, as a business owner, he is aware that capital
15 expenditures are a necessary risk.
16
17 Commissioner Tillman stated that the conditional use permit route was happening exactly
18 how she envisioned that it would. She stated that she was not comfortable with taking
19 away the temporary period.
20
21 The Planning Commission discussed the findings that they would place along with
2 suggesting denial of the request.
3
24 Motion by Vice Chair Stille, second by Commissioner Thomas, to recommend denying
25 the request by Village North, LLP, 280137 1h Avenue Northeast, to amend the
26 Conditional Use Permit for Essenco, based on the following findings:
27
28 • Persistence of odor causes a diminished ability to enjoy surrounding property,
29 thus, affecting the welfare of residents.
30 • Odor could be injurious to people working in other parts of the building that
31 Essenco now occupies.
32 • Likely to have a negative impact on property values.
33 • Odor is offensive to any person, not just a sensitive person.
34 • Track record of applicants has reduced level of confidence in their future ability
35 to perform in compliance.
36
37 Motion carried unanimously.
38
39 VI. INFORMATION AND DISCUSSION.
40 8.1 Northwest Quadrant Redevelopment Update.
41 Henry stated that Prosser has begun a project update for Councilmembers, which is also
42 posted on the website. She added that, although the project is in its infancy, there is
43 actually a lot going on with the project.
�4
9
Planning Commission Meeting Minutes
March 19, 2002
Page 10
•1 X. ANNOUNCEMENTS.
2 Commissioner Hanson referred to Commissioner Thomas' findings that the above finding was a
3 land use issue. He suggested that the Council look at using a TIF to purchase the site.
4
5 Commissioner Thomas provided the Commission with an update on the point-of-sale housing
6 ordinance. He indicated that the Council was split on their feelings about a point-of-sale housing
7 ordinance. He stated that the Council recommended that Commissioner Thomas return with a
8 report as to why they should go forward with the ordinance.
9
10 Commissioner Thomas indicated that legislation may have done the work for them by passing a
11 proposal for a statewide housing ordinance (it has not yet passed). He stated that the proposed
12 housing ordinance is designed to protect the brokers.
13
14 Commissioner Thomas stated that he and Commissioner Hanson were concerned about how to
15 facilitate the upgrading of the housing stock for the City of St. Anthony. He stated that, if the
16 commission felt that it was a worthwhile effort, they would continue.
17
18 Chair Melsha asked if Commissioners Hanson and Thomas would be willing to get an outline
19 together for the Commission and Council to view.
20
21 Commissioner Steeves commended everyone that came forward this evening, and felt that the
82 result was a good one.
3
24 Commissioner Steeves stated that the city was receiving a great deal of positive press on the
25 Northwest Quadrant Redevelopment Project.
26
27 Chair Melsha echoed Commissioner Steeves comments in terms of thanking the residents and
28 fellow commissioners.
29
30 Vice Chair Stille thanked Commissioner Hoska for all of his work on the Essenco issue, as well
31 as the residents and other Commissioners.
32
33 Henry indicated that she, Mayor Hodson and a couple of consultants would be meeting with Ted
34 Mondale and the Met Council tomorrow.
35
36 XI. ADJOURNMENT.
37 Motion by Chair Melsha, second by Commissioner Hanson, to adjourn the meeting at 9:40 p.m.
38
39 Motion carried unanimously.
40
41 Respectfully submitted,
42
43 Courtney Seesz
�4 Timesaver Off Site Secretarial, Inc.
10