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July 13, 1999 MEMO TO: FROM: Dennis Pat RE: Restaurant Odor Control I) Tom Johnson, 651.686.8499 ext 101 (Don Munson) Restaurant (garlic odor control): Expensive output for equipment to control this type of odor; Normally, the expense is not too restrictive (as was the case with Burger King where it was a matter of installation of filtering systems over and above State Building Code standards; however, with garlic odor, the requirement for equipment to eliminate the smell is very expensive (per Don Munson). 2) Contacted the following re any ordinances re restaurant odor control- and nuisance ordinance that may address odors. League of Cities: Unable to locate any sample ordinance addressing odor concerns. (see letter) Submitted a model nuisance ordinance. Maple Grove (Barb Bogen, City Planner): Maple Grove has reference to noxious fumes in their nuisance ordinace: "dense smoke, noxious fumes, gas and soot, or cinders in such quantities as to render the occupancy of property uncomfortable to a person of ordinary sensibilities". They also address "exhaust vents" in their City Code for regulation of exterior property areas. (both provisions attached) St. Paul (Fred Brown 266.6551, Larry Soderholm 266.6575, Planning & Econ Dev Dept.): St. Paul addresses, to a lesser degree, odor problems through their public nuisance ordinances: "... guilty of a misdemeanor if.. . maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public...." Maplewood: Unable to get a return call from Maplewood Woodbury: (Steve Komik, Environmental Planner 714.3500, City of Woodbury) For new developments where an odor causing establishment may be anticipated: Added to the development agreement would be terminology "odor suppression equipment shall be installed with the original building construction". For a PUD retail center where it is unknown as to which businesses may go into a center: "if odor becomes a problem from any restaurants or food establishments, the City may require suppression equipment to be installed". According to Mr. Kornik, validity of an odor complaint is examined by people who have been professionally trained to "sniff' the area being complained about to determine if it is a valid complaint. With the training process there are degrees of odor, longevity/ frequency of odor as well as the number of complaints received - all of which are logged by site; and at a given point, if it becomes a valid odor complaint, the city may require that suppression equipment be installed.