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040495 Planning AGENDA PLANNING COMMISSION MEETING OF APRIL 4, 1995 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 2. 3. 4. CALL TO ORDER ROLL CALL OATH OF OFFICE FOR NEW PLANNING COMMISSION MEMBER CONSENT ITEMS PUBLIC HEARINGS Case 95-03 Request for a 5-Foot Variance to the Rear Yard Setback Requirement to Allow for an Adequate Turning Radius and Stacking Space for Additional Car Wash Operations at Texaco, 9400 49th Avenue North, Tom Schlangen, Petitioner. 5.2 Case 94-35 Consideration of An Ordinance Amending Regulations Governing Commercial Recreational Facilities and Pinball Machine, Video Game and Pool Table Licenses, City of New Hope, Petitioner. 6. COMMITTEE REPORTS 6.1 Report of Design and Review Committee 6.2 Report of Codes and Standards Committee A. Schedule Future Meeting: 1. Plymouth Commission Planning Amendment 2. Minor Changes to Sign Ordinance 7. OLD BUSINESS 7.1 Miscellaneous Issues $. NEW BUSINESS $.1 Review of Planning Commission Minutes of February 7, 1995. 8.2 Review of City Council Minutes of February 27 and March 13, 1995. 8.3 Review of EDA Minutes of February 27 and March 13, 1995. 10. ANNOUNCEMENTS ADJOURNMENT * Petitioners are requested to be in attendance. April 7th Planning Commission Fleeting PC95-03 "~---- -- 9400 49th Ave N. ~ -- i!--_ h CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: March 28, 1995 All Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator Oath of Office for New Planning Commission Member The City Code states that "the Planning Commission shall consist of up to .ten members appointed by the City Council. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office." The Planning Commission consisted of ten (10) members up until December 31, 1994. At that time three (3) members requested not to be reappointed (Bob Cameron, Mary Zak and Doug Watschke), which reduced the number of Commission members to seven (7). The City sought applications for appointment to various commissions from interested residents in the City newsletter and received five applications. The Council interviewed the five (5) applicants prior to the February 27th Council meeting and formally approved the appointments at the March 13th Council meeting. Four of the applicants were appointed, with each being appointed to a different commission (Citizens Advisory, Northwest Hennepin Human Services Council, Planning Commission and Personnel Board). The fifth applicant was already serving on a City Commission and the Council determined not to appoint that person to a second City commission. Mr. James Damiani, 4665 Flag Avenue North, was appointed to the Planning Commission and I have enclosed his application for your information. The City Clerk, Valerie Leone, will be present at the beginning of the April 4th Planning Commission meeting to administer the oath of office to Mr. Damiani. Please make him feel welcome to be a part of the Commission. Also enclosed please find an updated listing of Planning Commission members. County of Hennepi n City o-f New Hope.. .(name ) .................................................................................... , do solemnly swear $~bsoribed and swor~ eo l~for~ m~ $ki~ ........................ day o! .......................................... , 19 ............ (Signature of Commissioner) 2.132 2.13 P[~AN~I NG COMMISSIOn;. 2.13, 2.131, 2.132, 2.133, 2,134, 2. 135 Establis~men{. The Planning Commission heretofore established may be abolished by two-th:rds vote of all :he members of the Council. Compos:tion. (1) qumber. The Planning Commission shall consist of ten members appo:nted by the Council. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he w~ll faithfully discharge :he duties of his office. (2) Term. Unless sooner removed by a four-fifths vote of the Council, nine of :he members shall serve a term of three years, and the person appointed as the tenth member shall serve a term expiring the first business day of January in the year following the year appointed. All members appointed and qualified shall serve until their successors qualify. (3) Councilman May Be Tenth Member. The Council may appoint a member of the Council to be the tenth member of the Planning Commission who shall serve a term expiring on the first business day of January in the year following the year appointed. (Code 072684) (4) Residency Requirement. All members of the Planning Commission shall be a resident of the City of ~ew Hope. (Ord. 89-19) 2.133 2.134 Purposes Authority and Duties. The Planning Commission shall serve as an advisory body to the Council. It is hereby authorized and directed to carry on City Planning activities and to adopt a plan for the regulation of the future physical development of the City, and to prepare and adopt an official map of all proposed alterations of existing lands and public spaces, and the future development of unplatted properties and shall recommend approval or disapproval of subdivisions of land. The Commission shall make a study of future develolxnents of the City, including proposed public buildings, street arrangements and improvements, public utility services, parka, playgrounds, and other similar developments. The results of studies made by tho Commission, together with the reco~uBendations of the C~unileiofl shall be sub. teed to the Council. The Planning C~miseion shall upon request of the Council, make reconmmndatione to the Council regarding mat:ers affecting zoning, platting, the making of public improvements and other measures affecting the future or present develoiment of the City. Or~inAsation. The Planning Commission shall elect one of its members a&e~lruan, one as vice chairman, and another aa secretary, each of vlmme~all hold office until Oecember 31st, following their election. (Code 072684) 2.135 Meetings. The Planning Commission shall hold one regular meeting each month, on such day and at such time as established by the Council. Special meetings shall be called by the Chairman upon his request not more than two days after receipt by the Chairman or Secretary of a written request for a special meeting signed by three or more members of the Planning Commission. Special meetings shall require two days written notice to each member. Mo meeting shall be held during the month of July unless called as a special meeting according to the procedure of this sec:ion. (Code 072684, Ord. 8S-Il) 2-9 0?2604 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 ~i~PhOne: TDD Line: 612-531~5100 612-531-5109 City Hail Fax; #612-531-515~ Pofice Fax: #612-531-5174 Public Works Fax: #612-533-765C March 15, 1995 Mr. James Damiani 4665 Flag Avenue North New Hope, MN 55428 The New Hope City Council unanimously selected you to serve on the City's Planning Commission. The Council was impressed with your qualifications and interest in serving the City. Your term will expire on December 31, 1997 (3-year term). An oath of office will be administered at your first Planning Commission Meeting of Tuesday, April 4, 1995, at 7:00 p.m. at City Hall. You will receive the agenda packet on the preceding Friday, which will be hand delivered to your residence. This will allow you ample time to read over the material and do a little on-site investigation if you so desire. Should you have any questions regarding the Commission, please contact Kirk McDonald, staff liaison for the Planning Commission. For your review, I have enclosed a copy of the city code 2.13 and minutes from a recent Planning Commission Meeting. Cong~atulationsl Sincerely, Valede Leo~, MCMC City Clerk Family Stylml City'~~ For Family Living Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 95-03 Request for a 5-Foot Variance to the Rear Yard Setback Requirement to Allow for an Adequate Turning Radius and Stacking Space for Additional Car Wash Operations at Texaco 9400 49th Avenue North 07-118-21-23-0006 B-3, Auto Oriented Business Tom Schlangen March 30, 1995 April 5, 1995 BACKGROUND The petitioner is requesting a 5-foot variance to the rear yard setback requirement to allow for an adequate turning radius and stacking space for additional car wash operations at Texaco, pursuant to Sections 4.22 and 4.036(6) of the New Hope Zoning Code. The existing building contains a convenience store and brash-type car wash on the south side of the building, a storage area and office in the center of the building, and two vehicle repair bays on the noah side of the building. The petitioner is proposing to remove the two vehicle repair bays on the north and convert/reconstruct this area to create two touchless car wash bays. The City Code states that "except for single, two-family and townhouses, all open off-street parking shall have a perimeter curb barrier around the entire parking lot, said curb barrier shall not be closer than five (5) feet to any lot line". The petitioner is requesting a five (5) foot setback variance on the west side of the property, to expand the drive area that would serve the new car washes, to move the concrete curb back to the property line. The distance of the five (5) foot setback variance area would be approximately 85 feet along the west property line (see Site Plan). The property is.located at the northeast comer of the intersection of 49th Avenue and Highway 169. The property is located in a B-3, Auto Oriented, Zoning District and service stations and car washes are allowed as a conditional use, which was previously approved. Surrounding land uses/zoning include I-1 Limited Industrial to the east, R-1 Single Family Residential to the south, I-1 Limited Industrial to the north, and Highway 169/Plymouth to the west. This property is located in Planning District g9 of the Comprehensive Plan, where industrial or compatible business uses were recommended. This parcel was developed with the existing use in 1986. Planning Case Report 95-03 2 March 30, 1995 The parcel contains. 8 acres and the existing building size is 3,872 square feet. This request will not change the building size, as this is an interior conversion request - not an expansion. The building meets all setback requirements. Staff find that traffic circulation and parking is adequate and meet Code requirements (except for the drive area/curb ordinance), as twenty (20) on-site parking spaces are provided and both the proposed new north car washes and the existing south car wash have stacking room for seven (7) cars. 10. The topography of the site is at grade with the frontage road, but is depressed well below the Highway 169 overpass and northbound ramp (just north and west of the site). 11. The petitioner states on the application that the additional area is required for cars to enter the car wash bays. 12. Property owners within 350' of the request have been notified and staff have received no inquiries about the proposal. ANALYSIS The purpose of a variance is to permit relief from strict application of the zoning code where undue hardships prevent reasonable use of property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of property or because of exceptional topographic or water conditions. The hardship cannot be created by the property owner and if the variance is granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Additional criteria to be used in considering requests for a variance includes the following and the Planning Commission/City Council shall make findings that the proposed action will not: A. Consistent With Purpose of Variance. Be contrary to the purposes of a variance. B. Light and Air. Impair an adequate supply of light and air to adjacent property. C. Street Connections. Unreasonably increase the congestion in the public street. D. Public Safety. Increase the danger of fire or endanger the public safety. E. Property Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to intent of City Code. 4. In this request it is not a building that will be built close to the west property line, but a 5' x 85' driving approach to the new car washes the petitioner wants to open. In order for the petitioner Planning Case Report 95-03 3 March 30, 1995 to match the existing car wash design, an entrance at the west side is needed, with the exit toward the street. The two existing vehicle repair bays will be removed and reconstructed to create two new car wash bays. The reason the request cannot match the existing car wash driveway setback of five (5) feet is the second wash bay. Bypass room is needed for the two lanes at the new wash area, but not required for a single bay. 5. Staff notes that the request will reduce the hazard of operations within the building, eliminating motor vehicle repair. 6. The Building Official has confirmed that the stacking and turning designs meet ITI (International Traffic Institute) standards. 7. Staff would suggest that the lot is sufficiently narrow and the parcel odd shaped to qualify as an "undue hardship". o Staff would also point out that the variance request does not abut a residential or another developed lot; it is adjacent to State right-of-way for Highway 169 and there is a distance of approximately 170 feet between the building and the northbound ramp of Highway 169 and there is a significant grade change between the two points. The Design & Review Committee met with the petitioner on March 15th and the items discussed included: the turning radius dimensions, the orientation of the new carwash entrance/exit, building materials, roof-top equipment, signage, stacking capability, lighting, landscaping, trash enclosure, snow storage and water service. Revised plans were submitted as a result of the meeting. 10. The petitioner indicated that the floors and center walls in the existing bays would be removed and a new floor with slope installed. The doors on the wash are air operated. There will be no roof-top mechanical equipment. Approximately 200 cars per day use the existing brush wash and 175 cars per day are expected to use each of the new touchless washes. The car washes will have heated entrance/exit pads in the winter to prevent ice build-up. 11. Revised plans were submitted that include the following details: A. Landscaping_~' - A landscaping plan and schedule have been submitted showing existing plantings, existing plantings to be relocated, and new plantings. Two (2) existing Colorado Spruce will be relocated to the north side of the property. An existing Linden will be relocated on the east property line. Twenty-three (23) existing Spirea will be relocated to the east property line. Eight (8) existing Dogwood will be relocated to the west property line on the north. Nineteen (19) existing Juniper will be relocated to the east property line. Sixteen (16) new Juniper will be planted on the north and east sides of the property. B. Lighting - Existing parking lot lights and building wall pack lights are shown on the plan. C. Snow Melt Areas - at entrance/exits are shown on the plan. D. Turning Radius of Vehicles - is shown on plan. Planning Case Report 95-03 4 March 30, 1995 E. Signage - shown on plan: Sign 1 "Exit Left" to be located on east property line near car wash exit. Sign 2 "Stop - Drive Ahead Next Available Wash Bay" to be located on west side of property near new car wash entrance. F. Curbs - existing concrete curbs to be removed and new curbs are shown on plan. G. Vacuum/Trash Units - shown on plan on north side of building. H. Recycling - new recycle center shown on west side of building. I. Exterior - to be decorative block with glass block windows on north elevation with masonry sill units. 12. Staff finds that the majority of the items requested by Design & Review have been incorporated into the plan. RECOMMENDATION Staff recommend approval of the request for a five (5) foot rear yard setback variance on the west side of the property for the driveway approach, subject to the following conditions: 1. All signage to comply with Sign Code and to be approved by staff prior to installation. 2. Lot to be restriped as soon as weather and asphalt repairs permit, including the north stacking lane radius striping. 3. Annual inspection, with no resulting nuisance or on-street water problems. Attachments: Topo/Zoning/Section Maps Site/Landscaping Plans Partial Site Plan/Floor Plan East/West/North Elevations Landscape Schedule SCIENCE CENTER [~RIVE R.4 CARE CENTER AVE.' ATHLETIC FELD R.4 COOPER #IeH SCHOOL B(XJND SUNNY~IOE CITY N&LL POOl. IITATIO~ R.4 CEllETEI~ I-1 i i i i i i i i i ST PAUL 5o IO 500 o 0 SAULT NEW HOPE ATHLETIC FIELD $81o 49 TH AVE. SAINTE MARIE ~]101 ST, AVEr FOI'7 ~001 4J TH AVE. AVE. CHURC~ SO?H AV ZEALAND AVE. FAI~VlEW CIR. 48TH AVE HOUSE LUT~- C,H~ 47 TH 899. X 900.5 x 903. 1 ~20 -.....-_ X 899.9 907.6 X 903.2 902.9 X __..906· 2 903.7 899.4 X 899.4 89~.4/ ~ 919.6 34014 916.10 't I NEW HOPE TEY. A.C.O ][ 0 HOPE TEXACO I Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 94-35 Consideration of An Ordinance Amending Regulations Governing Commercial Recreational Facilities and Pinball Machine, Video Game and Pool Table Licenses City of New Hope B-3, Auto Oriented, and B-4, Community Business, Zoning Districts City Of New Hope March 30, 1995 April 4, 1995 BACKGROUND As you are aware, last fall On Cue Billiards made application for a conditional use permit to allow a commercial recreational facility (billiard room) at the Midland Shopping Center in the space adjacent to Cinema 'N' Drafthouse. At the October 4th Planning Commission meeting, the Planning Commission recommended approval of the request on a 5-2 (1 abstention) vote, subject to a number of conditions. There were several residents in attendance at that Planning Commission meeting, but none spoke in favor of or against the request. The Planning Commission's recommendation was forwarded to the City Council on October 10th, at which time several residents spoke in opposition to the request. The Council tabled the request until October 24th to allow further study by the City on the hours of operation, house rules, and the loitering, curfew and truancy issues. The Police Department was directed to visit similar establishments in the metro area and to prepare a report on these operations. The Police Department was also requested to address how they would respond to the loitering, curfew and truancy matters. The application and data presented by the Police Department was again considered at the October 24th City Council meeting. Many of the neighbors expressed concern regarding the hours of operation. The Police report indicated that there were few customers in metro area billiard establishments between the hours of midnight and 1:00 a.m., however there were a number of problems reported by Police Departments at some of the billiard halls and few problems at other establishments, indicating the quality of the managers was crucial. After a considerable amount of discussion between neighbors, the Council and the petitioners, the Council voted to table the matter again. The Council also recommended that the petitioners conduct a neighborhood meeting. A meeting with the neighborhood was conducted at the City Hall on November 7th. Prior to the November 14th Council meeting, the City Council received a number of letters and phone calls in opposition to the request. Copies of the letters received and information from the Police reports are enclosed for your information. On the afternoon of the November 14th Council meeting, Kraus-Anderson submitted a letter withdrawing the application. The Council directed staff to review the current ordinance and determine whether a language amendment was needed. Planning Case Report 94-35 2 April 4, 1995 o At the November 28th Council meeting, the City Council took two actions: A. It passed Ordinance 94-20, An Ordinance Temporarily Prohibiting Pool or Billiard Centers Within the City of New Hope. The ordinance prohibits the location of any pool or billiard hall or center or any other commercial recreational facility with more than two pool or billiard tables anywhere in the City. The prohibition is effective through May 28, 1995. B. It passed a Resolution Authorizing a Planning Study to Consider Amended Regulations for Commercial Recreational Facilities. The resolution authorized the Planning Consultant to study the issue on pool halls and make recommendations regarding the impact of all commercial recreational facilities in the commercial and industrial zoning districts of the City. The study was to review the hours of operation for all commercial recreational facilities and performance standards regarding commercial recreational facilities as they relate to proximity to residential zoning districts, churches and schools. City staff met with the City Attorney and Planning Consultant on December 12th to briefly discuss the issues and to provide direction to the Planner for preparation of the initial report. The Consultant prepared the initial report, dated January 17, 1995, which included a review of similar regulations in other metro area cities, a review of the current zoning ordinance requirements for commercial recreational facilities, a discussion of business licensing, and a summary of alternative options to consider. The report was reviewed by the City Attorney and staff on January 20th and several revisions were recommended. The City Attorney also. distributed copies of St. Paul's ordinances dealing with bowling centers, game rooms and pool halls. The recommendations were incorporated into the revised report dated January 24, 1995. In addition, the City Attorney has prepared a draft ordinance, which is outlined in his January 30th correspondence. With all of this report and background information in place, staff presented all of this information to the Codes & Standards Committee to begin Committee discussion of these issues. The Committee met on February 9th to review all of the data and recommendations. The proposed ordinance revisions were revised again as a result of input from the Committee. The enclosed Ordinance Amending Regulations Governing Commercial Recreational Facilities and Pinball Machine, Video Game and Pool Table Licenses contains the final recommendations of the Committee and staff. After the consideration of this proposed ordinance, hopefully the full Commission will be able to come to a consensus and forward a recommendation on to the City Council so that they can consider your recommendations prior to the expiration of the moratorium on May 28th. Staff have enclosed a number of attachments for your information, as many of the resident letters and Police Department surveys were submitted/conducted subsequent to the Planning Commission meeting. The Codes & Standards Committee has already reviewed these, but staff wanted all Commissioners to have the same information. 7. Notice has been published in the official newspaper for this hearing; individual notices are not required for a Zoning Code amendment that is applicable City-wide. Planning Case Report 94-35 3 April 4, 1995 ANALYSIS The Planning Consultant and City Attorney will be present at the Planning Commission meeting to discuss this issue, along with members of the Codes & Standards Committee, and to review their reports/recommendations. It is not the intent of staff to repeat all the details contained in the attachments in this report, however the following items should be highlighted. Section 4.022(23) of the New Hope Zoning Ordinance defines Commercial Recreation as bowling alley, golf, pool hall, dance hall, skating, trampoline, and similar uses. Currently, within the B-4 Zoning District, New Hope accommodates two commercial recreational activities in the New Hope Bowl and the U.S. Swim and Fitness. The New Hope Bowl offers pool tables within its facility. Due to similarity of land use characteristics, it is difficult for the City to distinguish between pool halls and other commercial recreational facilities. At the public hearings, concerns were raised as to the clientele of pool halls, however, from a land use perspective, the City cannot determine socio-economic characteristics. Based on the similarity of land use characteristics, it is difficult for the City to prohibit pool halls within the City. Per the existing City Code, colnmercial recreational uses are permitted in the B-3, Auto- Oriented Business District, and are conditionally permitted in the B-4, Community Business District. Based on the findings of the survey, due to the nature of commercial recreational facilities, they are typically allowed in commercial districts which allow for a more intensive commercial use. Within the City of New Hope, the B-4 District is the most intense commercial district. The purpose of the B-4 District is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or sub-region. The findings of the planner's survey revealed that these types of uses do not seem to be an appropriate land use in New Hope's B-3 District for the following reasons: A. Size of B-3 parcels of land. B-3 Zoning Districts are small in size, and likely would not support this type of land use. The size of these B-3 Districts range from .5 acres to 3.2 acres. B. Proximity to residential land. In almost each instance land zoned B-3 is located adjacent to residential areas. Commercial recreational activities are not always a compatible land use with a residential land use. Typically, commercial recreational facilities generate a large assembly of people and traffic. When considering regulation of commercial recreational uses within the B-3 District, the City may proceed in one of two ways. First, continue to allow commercial recreation, however, increase performance standards such as, requiring a conditional use permit and restricting the hours of operation, etc. Second, the City may repeal commercial recreational uses from the B-3 District. City staff would recommend the second alternative. 5. In general, the B-4 Zoning District provides appropriate site sizes, site distances from residential areas, and comparable intensity of land uses to allow commercial recreational uses. The City Planning Case Report 94-35 4 April 4, 1995 has deemed commercial recreation to be an allowable use subject to certain conditions. The survey concluded that the conditions outlined within the City Code are similar to other cities. However, the City may wish to add conditions, such as hours of operation, to the existing conditions outlined within the City Code. Each B-4 Zoning District contains a residential zoning district within 150 feet from the outside perimeter. Therefore, it is suggested by staff to amend this section of the code to read 150 feet from the front entry of commercial recreational uses. Whether a billiard hall is located within a B-3 or B-4 Zoning District, said use is required to obtain a business license from the City, per section 8.09 of the New Hope City Code. Similar uses such as bowling alleys and bingo halls are also required to obtain a business license from the City. A topic of concern at the public hearings was the issue of the City Curfew. Currently City Code does provide a curfew, however, it is not referred to in the existing regulations of pool halls or commercial recreational uses. It is recommended that any amendment to the regulations of commercial recreational uses should refer to the City's curfew regulations. Summary/Alternative Recommended by Planner and Committee It would be difficult for the City to outright prohibit billiard halls due to its similarity to other commercial recreational uses such as bowling alleys, arcades or even health clubs. However, by adopting additional,restrictions on these uses, the City would be addressing its concern over protecting the health, safety and welfare of New Hope citizens and property. In general, New Hope's regulations for billiard halls are consistent with many cities in the metropolitan area. However, due to the City's lack of regulation on the hours of operation, specific reference to curfew, and regulations on the operation of billiard halls, strong consideration should be given to amend the existing City Code regarding the regulation of commercial recreational facilities. The following are City Code amendments that are recommended for the Planning Commission and City Council to consider: A. Repeal Commercial Recreational Facilities as a permitted use in the B-3 District This alternative is deemed reasonable given that New Hope's B-3 Zoning Districts are typically located in close proximity to residential areas and are small in size. It may be concluded by the surveys conducted that commercial recreational activities are not a compatible land use with a residential land use. Due to the nature of commercial recreational facilities, they are typically allowed in more intense commercial districts which offer larger sites and greater distance separation between commercial and residential land uses. New Hope's B-4 District accommodates these characteristics. Bo Establish additional regulations for commercial recreational facilities Several cities place additional restrictions on these types of uses. Such regulations include: Restriction of hours of operation; Restriction or regulation on the age of customers; And Planning Case Report 94-35 5 regulations of the operation of the business. accommodate these types of regulations. The City Code may April 4, 1995 be amended to 10. The A. g. C. D. enclosed ordinance amendment provides for the following major changes: The Code section allowing commercial recreational facilities as a permitted use in the B-3 Zoning District is repealed. The front entrance of the facility cannot be less than 150 feet from the nearest R-1 or R-2 zoned property. Licenses are required for video games, as well as pinball machines and pool tables. License applications must contain: 1. Owner of Property. The name and address of the owner or owners of property on which the pinball machines, video games and/or pool tables are located. 2. Operator. The name and address of the person or persons who will operate the establishment where the machines, games and/or tables will be located. 3. Other Businesses. If the licensee owns or operates other game rooms or pool hall businesses, the business name and address of said businesses shall be provided as part of the license application. 4. ' Owner-Operator Relationship. A statement as to the contractual relationship between the property owner and licensee, if not the same; that is employee, lessee,, etc. 5. Description. A general description of the proposed operation including the maximum number of pinball machines, video games and/or pool tables located on the property during the license year. 6. Additional Tables and Machines. In the event additional pinball machines, video games or pool tables are kept or maintained on any property, an amended license application shall be filed with the Clerk. Eo Fo Go Hours of operation will be added to state that "Any property containing more than 5 licensed pinball machines, video games, pool tables or any combination thereof may not be open from 1:00 a.m. to 6:00 a.m." A section regarding management will be added to state that "The licensee shall act as manager, or hire other persons to act as managers, who shall be on duty on the property_ containing the licensed machines, games and/or pool tables. It shall be the duty of the licensee or his managers to remain on the property during business hours to enforce the provisions of Section 8.098." A section regarding "Code of Conduct" will be added to state "The following code of conduct shall be posted in a prominent place on the property_ containing the licensed machines, games or tables, and shall be enforced by the licensee and managers: 1. Truants from school shall not be permitted to enter or remain on the licensed property; 2. No operator of a billiard hall or game room shall permit any person to enter or remain on the licensed property_ at any time in violation of the curfew provisions of Section 9.24 of this Code; 3. No person soliciting to vice or any other unlawful purpose shall be permitted to enter or remain on the licensed property_; 4. No person selling, transferring, giving, using or in possession of any controlled substance as defined in Minnesota Statutes, _~_~152.01 through 152.20 shall be permitted Planning Case Report 94-35 6 April 4, 1995 Ho to enter or remain on the licensed property_ or remain in the area directly adjacent to the property; and 5. No person shall be permitted to obstruct or interfere with pedestrian traffic on sidewalk areas directly adjacent to the licensed property, or to harass, threaten or annoy any other person in the areas directly adjacent to the licensed property." The license fee section will be clarified to include video games. RECOMMENDATION Staff recommends that the Planning Commission review these recommendations, modify them as the Commission deems necessary, and forward a recommendation to the City Council in a timely manner. Attachments: Notice of Public Hearing 2/13 City Attorney Correspondence Ordinance Amending Regulations Governing Commercial Recreational Facilities and Pinball Machine, Video Game and Pool Table Licenses 1/30 City Attorney Correspondence 1/24 Planner's Report 1/17 Planner's Report Building Official Memos/Maps Ordinance Temporarily Prohibiting Pool or Billiard Centers Resolution Authorizing Planning Study to Consider Amended Regulations for Commercial Recreational Facilities League of Minnesota Cities Correspondence City of St. Paul Ordinances Planning Commission/City Council Minutes re: On Cue Billiards Request On Cue Billiards Revised Proposal Letter from Residents Police Department Surveys Existing New Hope Zoning Code Excerpts NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY AMENDING REGULATIONS GOVERNING COMMERCIAL RECREATIONAL FACILITIES City of New Hope, Minnesota Notice is hereby given that the Planning Commission of the City of New Hope, Minnesota, will meet on the 4th day of April, 1995, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing to consider the adoption of an ordinance amending the New Hope Zoning Code. Said ordinance will have the affect of eliminating commercial recreational facilities as a permitted use in the B-3 Zoning District and amending Conditional Use Permit regulations for commercial recreational facilities in B-4 Zoning Districts by clarifying requirements for street access and setbacks from residentially zoned property. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the zoning code amendment. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk to make arrangements (telephone 531-5117, TDD number 531-5109). Dated the 13th day of February, 1995. s/ Valerie J. Leone Valerie d. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 22nd day of March, 1995.) STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WlLUAM C. STRAIT CORRICK & $ONDRALL, P.A. A~rOR~¥S Ar LAW Edinburgh executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-6867 LEGAL ASSlSTANTS LAVONNE E. KESKE SHARON D. DERBY February 13, 1995 Mr. Kirk McDonald Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Pool Hall/Commercial Recreational Facility Study Our File No' 99.49420 Dear Kirk: Please find enclosed an amended Ordinance Regarding Regulation of Commercial Recreational Facilities, Pinball Uachines, Video Games and Pool Tables we discussed at the February 9, 1995 Codes and Standards Committee meeting. Basically, Section 3 dealing with "Proximity to Residential" and Section 10 dealing with "Hours of Operation" were changed resulting from our discussions at the meeting. In Section 3 the setback requirement was made applicable to both R- 1 and R-2 zoned property. Also, measurement of the setback was clarified to indicate a straight line or "radius" would be used from thefront entrance of the facility to the nearest property line in determining its compliance with the setback requirement. In Section 10 the limitation on Hours of Operation was changed to make it applicable to facilities where 6 or more devices were licensed and in operation. In other words, if you have 5 or less pool tables, video games or pinball machines licensed and in operation on your premises you will not be subject to the Hours of Operation regulation of this secti°n. Thi~ is an amendment to the New Hope Zoning Code and as a result requires a public hearing. I have also enclosed a Notice of Public Hearing dealing with this amendment as well. I will leave it to your responsibility to have the Notice published in the Post. Mr. Kirk McDonald February 13, 1995 Page 2 Please contact me if you have any questions, Very truly yours, Stev~~en A. Sondrall slm2 Enclosures cc: Daniel J. Donahue, City Manager ORDINANCE NO. 95- AN ORDINANCE AMENDING REGULATIONS GOVERNING COMMERCIAL RECREATIONAL FACILITIES AND PINBALL MACHINE, VIDEO GAME AND POOL TABLE LICENSES The City Council of the City of New Hope ordains: Section 1. Section 4.122(3) "Commercial Recreational Facilities" of the New Hope City Code making commercial recreational' facilities a permitted use in a B-3 Zoning District is hereby repealed in its entirety. Section 2. Section 4.134(6)(a) "Access" of the New Hope City Code is hereby amended to read as follows: (a) Access. The site of the proposed use has direct access to -- a minor arterial street as defined in '~ ~-'"- §13.022(22) of this Code, without utilizing public streets of a lower traffic handling classification to reach the minor arterial street, and Section 3. Section 4.134(6)(b)"Proximity to Residential" of the New Hope City Code is hereby amended to read as follows: (b) Proximity to R-1 Residential ~ .... *~-'~ ' ............ per ;,m, ct ~r of · ~A A;.~ -- ~---~,. ~ .... ..~ ;~ The front ent of ........ ~ ,~-, ,~ ........... , range the facility is not less than 150 feet, measured on a straight line, eh--me~-e from the 5~.un~ary nearest proper'ty li of~ -A~ cl if ' y R I R ................ ~ ........... an - or - 2 zoned property, or Section 4. Section 8.09 "Pinball Machines and Pool Tables" of the New Hope City Code is hereby amended to read as follows: 8.09 PINBALL MACHINES, VIDEO GAMES AND POOL TABLES. Section 5. Section 8.091 "License Required" of the New Hope City Code is hereby amended to read as follows: 8.091 License Required. No person shall maintain, keep or sell within the City, a pinball machine, video game, or pool table without obtaining a license there~-,~, ~.~,,,~~-~ in accordance with Section 8.09, et.al, of this Code. This section shall not apply to pinball machines, video games or pool tables held or kept for private home use and not for commercial use, or are in storage or for sale, and which~are not actually in commercial use or displayed for commercial use. Section 6. Section 8.0g2 "Fee" of the New Hope City Code shall be renumbered 8.093 and amended to read as follows: 8.0933 Fee. The annual license fee for each pinball machine, video ~ame or pool table shall be as prescribed in Chapter 14. Section 7. Section 8.093 "Form and Display" of the New. Hope City Code shall be renumbered 8.094 and amended to read as follows: 8.09~ Form and Display. Each license shall accurately describe the machine, game or table; show the name of the owner, address where such _A~,__ m ........ device is located, the license fee and the period for which a license is granted; and such license shall at all times be conspicuously displayed where such machine, game or table is operated. SeCtion 8. Section 8.094 "Gambling Prohibited" of the New Hope City Code shall be renumbered 8.095 and amended to read as follows: 8.09~5 Gambling Prohibited. No person shall permit the operation of such a machine, game or table cf ;id; b~t; ;r illegal gambling in ;nF f;r; violation of any federal, state or local law, regulation or rule. Section 9. Section 8.092 "License Application" of the New Hope City Code is hereby added to read as follows: 8.092 License Application. In addition to the information required by Section 8.02, the pinball machine, video game and pool table license application shall contain: (1) Owner of Property. The name and address of the owner or owners of property on which the pinball machines, video 9ames and/or pool tables are located. (2) Operator. The name and address of the person or persons who will operate the establishment where the machines, games and/or tables will be located. (3) Other Businesses. If the licensee owns or operates other game rooms or pool hall businesses, the business name and address of said businesses shall be provided as part of the license application. (5) Owner-Operator Relationship. A statement as to the contractual relationship between the property owner and licensee, if not the same; that is employee, lessee, etc. Description. A general description of the proposed operation including the maximum number of pinball machines, video games and/or pool tables located on the property during the license year. (6) Additional Tab]es and Machines. In the event additional pinball machines, video games or pool tables are kept or maintained on any property, an amended license application shall be filed with the Clerk. Section 10. Section 8.096 "Hours of Operation" of the New Hope City Code is hereby added to read as follows: 8.096 Hours of Operation. Any property containing more than 5 licensed pinball machines, video games, pool tables or any combination thereof may not be open from 1:00 a.m. to 6:00 a.m. Section 11. Section 8.097 "Manager" of the New Hope City Code is hereby added to read as follows: 8.097 Manager. The licensee shall act as manager, or hire other persons to act as managers, who shall be on duty on the property containing the licensed machines, games and/or pool tables. It shall 'be the duty of the licensee or his managers to remain on the property during business hours to enforce the provisions of section 8.098. Section 12. Section 8.098 "Code of Conduct" of the New Hope City Code is hereby added to read as follows: 8.098 Code of Conduct. The following code of conduct shall be posted in a prominent place on the property containing the licensed machines, games or tables, and shall be enforced by the licensee and managers: (1) Truants from school shall not be permitted to enter or remain on the licensed property: (2), No operator of a billiard hall or game room shall permit any person to enter or remain on the licensed property at any time in violation of the curfew provisions of Section 9.24 of this Code; (3) No person soliciting to vice. or any other unlawful purpose shall be permitted to enter or remain on the licensed property; (4) (5) No person selling, transferring, giving, using or in possession of any controlled substance as defined in Minnesota Statutes, §§152.01 through 152.20 shall be permitted to enter or remain on the licensed property or remain in the area directly adjacent to the property; and No person shall be permitted to obstruct or interfere with pedestrian traffic on sidewalk areas directly adjacent to the- licensed property, or to harass, threaten or ahnoy any other person in the areas directly adiacent to the licensed property. Section 13, Section 14.087 "Pinball Video Game License Fees" of the New Hope City Code is hereby amended to read as follows: 14.087 Pinball, Video Game and Pool Table License Fees. Fee amounts for annual pinball machine, and video game and pool table licenses as required by Subsection 8.092 of this Code are as follows: (1) Fee Amount: (a) 6 pinball machines and/or video games or less - $100.00 per location plus $25.00 per :achlnc device annually. (b) 7 pinball machines and/or video games or less - $200.00 per location plus $25.00 per machine device annually, (c) Pool table - $25.00 per table annually. (2) Reduced Fee for Pinball or Video Game License. If any application is made for a license between July 1st and December 31st of any license year, for a license to be effective during any part of the same period, the fee shall be 1/2 of the regular license fee. No refund shall be made on any license fee where the license is not used, or revokeU or forfeited before the end of the license term. Section 14. Effective Date. This Ordinance shall effective upon its passage and publication. be Dated the day of , 1995. Edw. J. Erickson, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the , 1995.) day of STEVEN A. SONDRALL MICHAEL R.L.~FLEUR MAR~NP. MALECHA W~UAM C. STRA~ COP. RICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (Sl 2) 425-56'/'1 FAX (612) 425-5867 LAVONNE E. KESKE SHARON D. DERBY January 30, 1995 Mr. Kirk McDonald Management Assistant City of New Hope '4401Xylon Avenue North New Hope, MN 55428 RE: Pool Hall/Commercial Recreational Facility Study Our File No. 99.49420 Dear Kirk: Pursuant to our January 20, 1995 staff meeting regarding the referenced matter, I have prepared the proposed Ordinance enclosed, Basically, the proposed Ordinance implements the following recommendations made by the City Planner and staff at said meeting: It repeals the commercial recreational facility use as a permitted use in the B-3 Zoning District. Commercial recreational facilities will only be allowed as conditional uses in the B-4 or Industrial Zoning Districts as a result of this change. 'The proximity requirement for B-4 Commercial Recreational Facilities has been changed to indicate said use must be at least 150 feet from R-1 zoned property measured from the front entrance of the Commercial Recreational Facility to the property line of the R-1 property. The licensing regulations for pinball machines, video games and pool tables has been extensively modified to regulate hours of operation and management requirements for licensed properties. However, these regulations will not apply to all commercial recreational facilities, but only those facilities that keep or maintain pinball machines, video games or pool tables. In other words, Mr. Kirk McDonald January 30, 1995 Page 2 they would not apply to a karate school, the YMCA or US Swim & Fitness unless said facilities contain the licensed devices or tab]es. It also amends Chapter 14 relating to license fees to conform the fees section with these new regulations. It is my understanding this Ordinance will be discussed at the next Codes and Standards meeting scheduled for February 9, 1995. Please contact me if you have any questions. Very truly yours, S~A. Sondrall slm2 Enclosure cc: A1 Brixius (w/enc) North. wes, t. Associat,e d Consult, an s, Inc. U R a A P L N I NG · DES N · MAR K E R S E A RC H PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Kirk McDonald Cary Teague/Alan Brixius 24 January 1995 New Hope - Billiard Hall Study 131.00 - 94.07 BACKGROUND Last Fall, the City received a request by Investment Limited Partnership for a conditional use permit to allow a Commercial Recreation Facility (Billiard Hall), at the Midland Shopping Center. The subject property is located within the B-4, Community Business District. Services to be offered within the Billiard Hall included: Retail: Purchase of billiard accessories; Pro Shop: Customers could have tips cleaned or re-tipped; Convenience Food: Frozen pizza, chips, pretzels, candy bars, fruit juices, and soda; and Video Machines: Dart machines, video games, and juke box while customers wait for a table. Hours of operation were proposed to be 11:00 a.m. to 4:00 a.m. The proposal raised several concerns, in particular the hours of operation. Planning Commission Finding In its review of the Conditional Use Permit, the Planning Commission recommended approval of the proposed conditional use permit on a vote of 5-2 (1 abstention), subject to the following conditions: 2. 3. 4. 5. 6. 7. Hours of operation limited to 8:00 a.m. to 1:00 a.m. A business license be obtained. Annual review by City staff. No significant incidence of Police Department call to the business or Midland Center. Increase the number of trash receptacles in the front entrance. All signage comply with the Midland Center Comprehensive Sign Plan. The following issues to be resolved: a. Parking lot lighting. b. screening of trash dumpsters c. Complete the f'm~ sprinkler system in the building. 5775 Wayzata Blvd.-Suite 555-St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 City Council Finding After lengthy discussions regarding hours of operation, truancy, loitering, and enforcement of house roles at two meetings, the City Council tabled the request for further study. Following the two City Council meetings the applicant withdrew the request. As a result, the City Council placed a six (6) month moratorium on proposals for billiard centers, and authorized a Planning Study to consider mending regulations for Commercial Recreational Facilities. Concerns Raised at Public Hea~ngs · · · · · · · · · · Hours of operation Proximity to residential area Loitering Noisy gatherings Curfew of under age people Littering Number of employees on duty Incidence of Police calls to the site Anticipated clientele Vandalism ISSUES & ANALYSIS Regulations of similar Twin Cities Communities Various communities in the Twin Cities were contacted to fred out how they regulated similar uses within their respective communities. In addition, the League of Minnesota Cities provided several examples'of various city regulations regarding hours of operation and location requirement of Billiard I-Ialln. Of the city's contacted, each one regulates billiard or pool halls under an amusement or commercial recreational type use definition. Each clef'tuition specifically refers to pool hall~. Also, these types of establishments were typically allowed in the more intense commercial zoning districts. The following provides a summary of our findings in comparison to the current zoning and licensing regulations established by the City of New Hope. In general you will notice that many of the regulations are similar to New Hope's regulation of billiard halls. 2 city New Hope Brooklyn Center Golden Valley Brooklyn Park Excelsior West St. Paul Hastings Roseville Columbus, Ohio Lakeville Plymouth Allowed Conditional License Zoning, Use Permit Required B-3 and B-3,- No B-4 B-4 - Yes C-2, Yes Commercial C, Commercial Yes Commercial Yes Commercial Yes Commercial Yes B-3, General No-Permitted Business Use Commercial Yes B-3, Business No-Permitted B-3 and No-Permitted B-2 Use Use Yes Yes Yes Yes Yes Yes Yes Hour Restrictions Age Restriction Restriction Location of Operation Restriction No No No 1:00 AM to No 6:00 AM Mid~ght m No 9:00AMand Mid~g~ m Noon Sundays l:00AMto Yes- 6:00 AM Under 19 1:00 AM to --- 8:00 AM I:00AMto No 8:00 AM Yes - 150 feet from resid, area in B-4 Yes - 150 feet from residential area No Yes - 600 feet from school/church Yes No Yes No No No Yes No No No No Yes 2:00 AM to Yes- 7:00 AM and Under 18 2:30 AM to 1:00 PM Sunday No Yes - 1,000 feet from another such establishment Yes No No No No Yes No No No No' In conducting the survey, representatives from each of the cities were interviewed to gain insight as to the regulation as well as the experiences with these types of land uses in there community. It was concluded that New Hope is similar in it regulation of commercial recreational uses. Commercial recreational uses were generally allowed in community's intense commercial zoning districts due to adequate separation form residential areas, appropriate land areas to provide required facilities, and proximity to like uses. The only City that has revoked a conditional use permit (CUP) for a recreational center was in the City of Brooklyn Center. In that instance, the CUP was revoked for an arcade, due to incompatibility with an adjacent residential district and numerous police calls to the site. Also, hour restrictions, age restrictions and gambling prohibitions were typically found in the licensing section of the City Code, specific to billiard halls. Additional comments received from the cities interviewed were as follows: Roseville. Existing amusement or recreational centers within the City of Roseville are not located in close proximity to residential areas. The City has not received any complaints. Brooklyn Center. Brooklyn Center had one amusement center (arcade), which has been the subject of police calls, kids loitering, drug problems. This establishment is located within very close proximity to a residential area. Due to these problems, the City revoked the establishments Conditional Use Permit. The City also has an amusement center that includes an arcade and billiards at the Brookdale. Shopping Center that has not caused significant problems for the City. Plymouth. Plymouth does not contain any "billiard only" establishments. The City does have several arcades, bowling alleys, and bars that include billiards within the establishment. The City does from time to time receive police calls to these sites, but nothing out of the ordinary. Golden Valley. The City does not contain any billiard' establishments. The police department has not received an un-ordinary amount of calls to similar uses such as bowling alleys. Hasting. Hastings restricts hours of operation of billiard and pool halls within the licensing.section of their City Code. Excelsior. Excelsior restricts hours of operation of billiard and pool halls within the licensing section of their City Code. West St. Paul. West St. Paul restricts hours of operation of billiard and pool halls within the licensing section of their City Code. St. Paul. The City of St. Paul restricts the hours of billiard halls to 7:00 a.m. to 12:00 midnight every day. Additionally St. Paul requires a manager to be on duty at all times, and requires a Code of Conduct. It should be mentioned that the New Hope Police Department conducted a survey of Police Department of Cities that have billiard halls. That study revealed that these types of establishments can be the source of truancy, curfew, loitering, disturbance and alcohol problems. Definition Section 4.022 (23) of the New Hope Zoning Ordinance del'roes Commercial Recreation as Bowling alley, golf, pool hall, dance hall, skating, trampoline, and similar uses. In considering these types of uses, each' share similar land use characteristics as follows: 1, Provide specialized recreational facilities, including both open play as well as league and tournament events. Commercial recreational uses are reliant on the assembly of people to utilize the facility or watch events. 3. Similar ancillary activities. Such as sale of beverages, food and retail sales. 4. Parking area. Commercial recreational uses typically require a large area for parking. 5. Licensing. Commercial recreational uses are required to obtain a license from the City. Currently, within the B-4 zoning district, New Hope accommodates two commercial recreational activities in the New Hope Bowl and the U.S. Swim and Fitness. The New Hope Bowl offers pool tables within its facility. Due to similarity of land use characteristics, it is difficult for the City w distinguish between pool halls and other commercial recreational facilities. At the public hearings, concerns were raised as to the clientele of pool halls, however, from a land use perspective, the City cannot determine socio-economie characteristics. Based on the similarity of land use characteristics, it is difficult for the City to prohibit pool halls within the City. Zoning Districts Introduction Within the City of New Hope commercial recreational uses are permitted in the B-3, Auto- Oriented Business District, and are conditionally permitted in the B-4, Community Business District.' Based on the findings of the survey, due to the nature of commercial recreational facilities, they are typically allowed in commercial districts which allow for a more intensive commercial use. Within the City of New Hope, the B-4 district is the most intense commercial district. The purpose of the B-4 district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or sub- region. B-3 District Within New Hope, in the B-3, Auto-Oriented Business District a Commercial Recreational Use (billiard hall) is a permitted use. As mentioned, commercial recreational uses are allowed as a permitted use in the B-3 district. However, the findings of our the survey revealed that these types of uses do not seem to be an appropriate land use in New Hope's B-3 district, for the following reasons: Size of B-3 parcels of land. As shown on the attached exhibit, B-3 zoning districts are small in size, and likely would not support this type of land use. The size of these B-3 districts range from .5 acres to 3.2 acres. Proximity to residential land. In almost each instance land zoned B-3 is located adjacent to residential areas. It may be concluded by the survey conducted that commercial recreational activities are not always a compatible land use with a residential land use. Typically, commercial recreational facilities generate a large assembly of people and traffic. City staff would recommend the second alternative. When considering regulation of commercial recreational uses within the B-3 district, the City may proceed in one of two ways. First, continue to allow commercial recreation, however, increase performance standards such as, requiring a conditional use permit and restricting the hours of operation etc. Second, the City may repeal commercial recreational uses from the B-3 district. B-4 District Within the B-4, Community Business District, Commercial Recreational uses are considered a conditionally permitted use. In general, the B4 zoning district provides appropriate site sizes, site distances from residential areas, and comparable intensity of land uses to allow commercial recreational uses. The City has deemed commercial recreation to be an allowable use subject to certain conditions. The survey concluded that the conditions outlined within the City Code are similar to other Cities. However, the City may wish to add conditions, such as hours of operation, to the existing conditions outlined within Section 4.134 (6) of the City Code which reads as follows: Access. The site of the proposed use has direct access to an arterial street as def'med in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial street, and 6 Proximity. to Residential. The outside perimeter of the site, as legally described is 150 feet or more from the boundary of a residential zoning classification, or t Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence. Screening from Residential. Parking areas shall be screened from view of residential districts and shall be curbed with continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at the Curb line. Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. Lighting Shielded. All lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. Surfacing. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the City. Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the City. It should be mentioned that when applying item //2, it in effect prevents any commercial recreational uses within the City. Each B-4 zoning district contains a residential zoning district within 150 feet from the outside perimeter. Therefore, it is suggested by staff to amend this section of the code to read 150 feet from the front entry of commercial recreational uses. Business Licensing Whether a billiard hall is located within a B-3 or B-4 zoning district, said use is required to obtain a business license from the City, per section 8. 09 of the New Hope City Code which reads as follows: 8.09 Pinball Machines and Pool Tables 8.091 License Required. No person shall maintain, keep or sell within the City, a pinball machine or pool table without a license therefor obtained ia accordance with Section 8.02. This section shall not apply to pinball machines, or tables held or kept in storage or for sale, and which are not actually in use or displayed for use. 8.092 Fee. The annual license fee for each pinball machine or pool table shall be as prescribed in Chapter 14. 8.093 Form and Display. Each license shall accurately describe the machine or table; show the name of the owner, address where such machine is located, the license fee and the period for which a license is granted; and such license shall at all times be conspicuously displayed where such machine or table is operated. 8.094 Gambling Prohibited. No person shall permit the operation of such a machine or table for the making of side bets or gambling in any form. No prize, award, merchandise, gift, money or anything of value shall be given to any player of such machine. Similar uses such as bowling alleys and bingo halls are also required to obtain a business license from the City. A topic of concern at the public hearings was the issue of the City Curfew. Current City Code does provide a curfew, however, it is not referred to in the existing regulations of pool halls or commercial recreational uses. The following is the specffie curfew regulation: 9.24 Curfew. 9.241 Under Age of 15 Years. It shall be unlawful for any person under the age of 15 years to be on or present in a public ground in the City between the hours of 10 o'clock p.m. and 5 o'clock a.m. of the following day, unless accompanied by his or her parent or guardian, or unless there exists a reasonable necessity therefor. The fact that said minor unaccompanied by parent or guardian is found upon any public ground after 10 o'clock p.m. or before 5 o'clock a.m. of the following day, shall be evidence sufficient to sustain a fmding that said minor is thereon unlawfully and that no reasonable excuse exists therefor. 9.242 Under Age of 18 Years. It shall be unlawful for any person under the age of 18 years and over the age of 14 years to be on any public ground in the City between the hours of 12 o'clock midnight and 5 o'clock a.m. of the following day, unless accompanied by his or her parent or guardian, or unless there exists a reasonable necessity therefor. The fact that said minor unaccompanied by parent or guardian is found upon any public ground after 12 o'clock midnight or before 5 o'clock a.m. of the following day, shall be evidence sufficient to sustain a finding that said minor is thereon unlawfully and that no reasonable excuse exists therefor. 9.243 Re _sponsibility of Parents. It shall be unlawful for any parent, guardian, or other adult person having the care and custody of a minor, under the age of 18 years, to knowingly or negligently permit such minor to violate the provisions of this section. 9.244 Places of Amusement. It shall be unlaWful for any person operating or in charge of any place of amusement, entertainment, or refreshment, or any other place of business to permit any minor under the age of 18 years to enter or remain in such place contrary to the provisions of this section. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business shall find a person under the age of 18 years in such place contrary to the provisions of this section, he shall immediately order sUch person to leave and if such person refuses to leave the Said place of business, the operator shall immediately notify the police and inform them of the violation. Any amendment to the regulations of commercial recreational uses should refer to the above mentioned regulations. S UMMAR Y/AL TERNA TIVE S It would be difficult for the City to outright prohibit billiard halls due to its similarity to other commercial recreational uses such as bowling alleys, arcades or even health clubs. However, by adopting additional restrictions on these uses, the City would be addressing its concern over protecting the health, safety and weffare of New Hope citizens and property. In general New Hope's regulations for billiard halls are consistent with many cities in the metropolitan area. However, due to the City's lack of regulation on the hours of operation, specific reference to curfew, and regulations on the operation of b~ halls, strong consideration should be given to amend the existing City Code regarding the regulation of commercial recreational facilities. The following are City Code amendments that are recommended for the Codes and Standards Committee, Planning Commission and City Council to consider: 1. Repeal Commercial Recreational Facilities as a permitted use in the B-3 district. This alternative is deemed reasonable given that New Hope's B-3 zoning districts are typically located in close proximity to residential areas and are small in size (see attached exhibit). It may be concluded by the surveys conducted that commercial recreational activities are not a compatible land use with a residential land use. Due to the nature of commercial recreational facilities, they are typically allowed in more intense commercial districts which offer larger sims and greater distance separation between commercial and residential land uses. New Hope's B-4 district accommodates these characteristics. 2. F~tabl[~h additional regulations for commercial recreational facilities As previously indicated, several cities place additional restrictions on these types of uses. Such regulations include: Restriction of hours of operation; Restriction or regulation on the age of customers; And regulations of the operation of the business. The City Code may be amended to accommodate these types of regulations in one of two ways. 9 Amend the B-4 Zoning District, Section 4.134 (6) Commercial Recreation Facilities. In amending this Section of the City Code, which conditional permits commercial recreation facilities, conditions such as the ones mentioned above may be added. By amending just this Section of the Ordinance, all of the uses described under commercial recreational facilities would be affected. Be Amend Section 8.09 Pinball Machines and Pool Tables. By placing additional regulations within this Section of the City Code, which allows these uses by license, conditions would be placed only on these types of uses. Consistent with the items 1 and 2 above, the following Ordinance changes are suggested: Zoning 1. Repeal the following: Section 4.122 Permitted Uses. B-3. (3) Commercial Recreational Uses. Amend the following Sections of the City Code (added text is ::.::~~): Section 4.134 Conditional Uses. B-4. (6) Commercial Recreational Facilities. Commercial recreation, provided that: Access. The site of the proposed use has direct access to an arterial street as detVmed in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial street, and Proximity to Residential. ~!i~ii~i~, is 150 feet or :::::::::::::::::::::::::: ============================= ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: more from the boundary of a residential zoning classification, or Compatibility. Thc primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence. Screening from Residential. Parking areas shall be screened from view of residential districts and shall be curbed with continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at the curb line. Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. 10 (0 Lighting Shielded. All lighting shall be hooded and so directed that the light source is nOt visible from the right-of-way or from a residential zone or use. (g) (h) Surfacing. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the City. Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the City. Business Licensing Section 8.09 Pinball Machines and Pool Tables 8.091 License Required. No person shall maintain, keep or sell within the City, a pinball machine or pool table without a license therefor obtained in accordance with Section 8.02. This section shall not apply to pinball machines, or tables held or kept in storage or for sale, and which are not actually in use or displayed for use. 11 8.092 Fee. The annual license fee for each pinball machine or pool table shall be as prescribed in Chapter 14. 8.093 Form and Display. Each license shall accurately describe the machine or table; show the name of the owner, address where such machine is located, the license fee and the period for which a license is granted; and such license shall at all times be conspicuously displayed where such machine or table is operated. 8.094 Gambling Prohibited. No person shall permit the operation of such a machine or table for the making of side bets or gambling in any form. No prize, award, merchandise, gift, money or anything of value shall be given to any player of such machine. 12 pc: Doug Sandstad Dan Donahue Steve Sondrall 13 I B-3 DISTRICT B-4 DISTRICT t · NEW HOPE ZONING U R B A P L N G.,,~ ~D;E S I G N M A R K E T R E S E A R C ; PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Kirk McDOnald Cary Teague/Alan Brixius 17 January 1995 New Hope - Billiard Hall Study 131.00 - 94.07 BA CKGR 0 UND Last Fall, the City received a request by Investment Limited Partnership for a conditional use permit to allow a Commercial Recreation Facility (Billiard Hall), at the Midland Shopping Center. The subject property is located within the B-4, Community Business District. Services to be offered within the Billiard Hall included: Retail: Purchase of billiard accessories; Pro Shop: Customers could have tips cleaned or re-tipped; Convenience Food: Frozen pizza, chips, pretzels, candy bars, fruit juices, and soda; and Video Machines: Dart machines, video games, and juke box while customers wait for a table. Hours of operation were proposed to be 11:00 a.m. to 4:00 a.m. The proposal raised several concerns, in particular the hours of operation. Planning Commission Finding In its review of the Conditional Use Permit, the Planning Commission recommended approval of the proposed conditional use permit on a vote of 5-2 (1 abstention), subject to the following conditiOns: 2. 3. 4. 5. 6. Hours of operation limited to 8:00 a.m. to 1:00 a.m. A business license be 'obtained. Annual review by City staff. No significant incidence of Police Department call to the business or Midland Center. Increase the number of trash receptacles in the front entrance. All signage comply with the Midland Center Comprehensive Sign Plan. 5775 Wayzata Blvd.- Suite 555 -St. Louis Park, MN 55416-(612) 595-9636-Fax. 595-9837 The following issues to be resolved: a. Parking lot lighting. b. screening of trash dumpsters. c. Complete the fire sprinkler system in the building~ City Council Finding After lengthy discussions regarding hours of operation, truancy, loitering~ and enforcement of house rUles at two meetings, the City Council tabled the request for further study. Following the two City Council meetings the applicant withdrew the request. As a result, the City Council placed a six (6) month moratorium on proposals for billiard centers, and authorized a Planning Study to consider mending regulations for Commercial Recreational Facilities. Concerns Raised at Public Hearings · · · · · · · · · · Hours of operation Proximity to residential area Loitering Noisy gatherings Curfew of under age people Littering Number of employees on duty Incidence of Police calls to the site Anticipated clientele Vandalism ISSUES & ANALYSIS Regulations of similar Twin Cities Communities Various communities in the Twin Cities were contacted to find out how they regulated similar uses within their respective communities. In addition, the League of Minnesota Cities provided several examples of various city regulations regarding hours of operation and location requirement of Billiard Halls. Of the city's contacted, each one regulates billiard or pool halls under an amusement or commercial recreational type use definition. Each def'mition specifically refers to pool halls. Also, these types of establishments were typically allowed in the more interise commercial zoning districts. The following provides a summary of our f'mdings in comparison to the current zoning and licensing regulations established by the City of New Hope. In general you will notice that many of the regulations are similar to New Hope's regulation of billiard halls. 2 City New Hope Brooklyn Center Golden Valley Brooklyn Park Excelsior West St. Paul Hastings Roseville Columbus, Ohio Lakeville Plymouth Allowed Conditional License Zoning Use Permit Required B-3 and B-3 - No B-4 B-4 - Yes C-2, Yes Commercial C, Commercial Yes Commercial Yes Commercial Yes, Commercial Yes B-3, General No-Permitted Business Use Commercial Yes B-3, Business No-Permitted B-3 and No-Permitted B-2 Use Use Yes Yes Yes Yes Yes Yes Yes Hour Restrictions Age Restriction Restriction Location of Operation Restriction No No No l:OOAMto No 6:00 AM Midnight to No 9:00 AM and Midnight to Noon Sundays l:00AMto Yes- 6:00 AM Under 19 1:00 AM to --- 8:00 AM I:OOAM to No 8:00 AM Yes - 150 feet from residential area Yes - 150 feet from residential area No Yes - 600 feet from school/church Yes No Yes No No No Yes No No No No Yes 2:00AMto Yes- 7:00 AM and Under 18 2:30 AM to 1:00 PM Sunday No Yes - .1,000 feet from another su~:h establishment Yes No No No No Yes No No No No In conducting the survey, representatives from each of the cities were interviewed to gain insight as to the regulation as well as the experiences with these types of land uses in there community. It was concluded that New Hope is similar in it regulation of commercial recreational uses. Commercial recreational uses were generally allowed in community's intense commercial zoning districts due to adequate separation form residential areas, appropriate land areas to provide required facilities, and proximity to like uses. The only City that has revoked a conditional use permit (CUP) for a recreational center was in the City of Brooklyn Center. In that instance, the CUP was revoked for an arcade, due to incompatibility with an adjacent residential district and numerous pOlice calls to the site. Also, hour restrictions, age restrictions and gambling prohibitions were typically found in the licensing section of the City Code, specific to billiard halls. Additional comments received from the cities interviewed were as follows: Roseville. Existing amusement or recreational centers within the city of Roseville are not located in close proximity to residential areas. The City has not received any complaints. Brooklyn Center. Brooklyn Center had one amusement center (arcade), which has been the subject of police calls, kids loitering, drug problems. This establishment is located within very close proximity to a residential area. Due to these problems, the City revoked the establishments Conditional Use Permit. The City also has an amusement center that includes an arcade and billiards at the Brookdale Shopping Center that has not caused significant problems for the City. P[vtnouth. Plymouth does not contain any "billiard only" establishments. The City does have several arcades, bowling alleys, and bars that include billiards within the establishment. The City does from time to time receive police calls to 'these sites, but nothing out of the ordinary. Golden Valley. The City does not contain any billiard establishments. The police department has not received an un-ordinary amount of calls to similar uses such as bowling alleys. Hastin~,s. Hastings restricts hours of operation of billiard and pool halls within the licensing section of their City Code. 4 Excelsior. Excelsior restricts hours of operation of billiard and pool halls within the licensing section of their City Code. West St. Paul. West St. Paul restricts hours of operation of billiard and pool halls within the licensing section of their City Code. It should be mentioned that the New Hope Police Department conducted a survey of Police Department of Cities that have billiard halls. That study revealed that these types of establishments can be the source of truancy, curfew, loitering, disturbance and alcohol problems. Definition Section 4.022 (23) of the New Hope Zoning Ordinance defines Commercial Recreation as Bowling alley, goff, pool hall, dance hall, skating, trampoline, and similar uses. 'In considering these types of uses, each share similar land use characteristics as follow~: 1. Provide specialized recreational facilities, including both open play as well as league and tournament events. 2. Commercial recreational uses are reliant on the assembly of people to utilize the facility or watch events. 3. Similar ancillary activities. SuCh as sale of beverages, food and retail sales. 4. Parking area. Commercial recreational uses typically require a large area for parking. 5. Licensing. Commercial recreational uses are required to obtain a license from the City. Currently, within the B-4 zoning district, New Hope accommodates two commercial recreational activities in the New Hope BoWl and the U.S. Swim and Fitness. The New Hope Bowl offers pool tables within its facility. Due to similarity of land use characteristics, it is difficult for the City to distinguish between pool halls and other commercial recreational facilities. At the public hearings, concerns were raised as to the clientele of pool halls, however, from a land use perspective, the City cannot determine socio-economic characteristics. Based on the similarity of land use characteristics, it is difficult for the City to prohibit pool halls within the City. Zoning Districts Introduction Within the City of New Hope commercial recreational uses are permitted in the B-3,' Auto- Oriented Business District, and are conditionally permitted in the B-4, Community Business District. Based on the findings of the survey, due to the nature of commercial recreational facilities, they are typically allowed in commercial districts which allow for a more intensive commercial use. Within the City of New Hope, the B-4 district is the most intense commercial district. The purpose of the B-4 district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or sub- region. B-3 District ¥~thin New Hope, in the B-3, Auto-Oriented Business District a Commercial Recreational Use (billiard hall) is a permitted use. As mentioned, commercial recreational uses are allowed as a permitted use in the B-3 district. However, the findings of our the survey revealed that these types of uses do not seem to be an appropriate land use in the B-3 district, for the following reasons: Size of B-3 parcels of land. As shown on the attached exhibit, B-3 zoning districts are small in size, and likely would not support this type of land use. The size of these B-3 districts are from .5 acres to 3.2 acres. The 3.2 acre site is the YMCA on Rockford Road. o Proximity to residential land. In almost each instance land zoned B-3 is located adjacent to residential areas. It may be concluded by the survey conducted that commercial recreational activities are not a compatible land use with a residential land use. Typically, commercial recreational facilities generate a large assembly of people and traffic. When considering regulation of commercial recreational uses within the B-3 district, the City may proceed in one of two ways. First, continue to allow commercial recreation, however, increase performance standards such as, requiring a conditional use permit and restricting the hours of operation etc. Second, the City may repeal commercial recreational uses from the B-3 district. In doing so, one issue arises. Under this scenario the YMCA, located on Rockford Road, becomes a non- conforming use. The City would then have to consider rezoning the site to B-4. A rezoning of the property seems justifiable, due to the consistency with the surrounding land uses of the area. This site is surrounded by a large B-4 zoning district on three sides, and an I-1 Industrial District on the other. City staff is agreeable to a rezoning of this site to B-4. 6 B-4 District Within the B-4, Community Business District, Commercial Recreational uses are considered a conditionally permitted use. In general, the B-4 zoning district provides appropriate site sizes, site distances from residential areas, and comparable intensity of land uses to allow commercial recreational uses. The City has deemed commercial recreation to be an allowable use subject to certain conditions. The survey concluded that the conditions outlined within the City Code are similar to other Cities. However, the City may wish to add conditions, such as hours of operation, to the existing conditions outlined within Section 4.134 (6) of the City Code which reads as follows: Access. The site of the proposed use has direct access to an arterial street as defmed in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial street, and Proximity to Residential. The outside perimeter of the site, as legally described is 150 feet or more from the boundary of a residential zoning classification, or Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence. Screening from Residential. Parking areas shall be screened from view of residential districts and shall be curbed with continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at the curb line. Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. Lighting Shielded. All lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. Surfacing. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the City. Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the City. 7 Business Licensing Whether a billiard hall is located within a B-3 or B-4 zoning dist~ct, said use is required to obtain a business license from the City, per section 8. 09 of the New Hope City Code which reads as follows: .... 8.09 pinball Machines and Pool Tables 8.091 License Required. No person shall maintain, keep or sell within the City, a pinball machine or pool table without a license therefor obtained in accordance with Section 8.02. This section shall not apply to pinball machines, or tables held or kept in storage or for sale, and which are not actually in use or displayed for use. 8.092 Fee. The annual license fee for each pinball machine or pool table shall be as prescribed in Chapter 14. 8.093 Form and Display. Each license shall accurately describe the machine or table; show the name of the owner, address where such machine is located, the license fee and the period for which a license is gl'anted; and such license shall at all times be conspicuously displayed where such machine or table is operated. 8.094 Gambling Prohibited. No person shall permit the operation of such a machine or table for the making of side bets or gambling in any form. No prize, award, merchandise, gift, money or anything of value shall be given to any player of such machine. Similar uses such as bowling alleys and bingo halls are also requi ed to obtain a business license from the City. A topic of concern at the public hearings was the issue of the City Curfew. CUrrent City Code does provide a curfew, however, it is not referred to in the existing regulations of pool halls or commercial recreational uses. The following is the specific curfew regulation: 9.24 Curfew. 9.241 Under Age of 15 Years. It shall be unlawful for any person under the age of 15 years to be on or present in a public ground in the City between the hours of 10 o'clock p.m. and 5 o'clock a.m. of the following day, unless accompanied by his or her parent or guardian, or unless there exists a reasonable necessity therefor. The fact that said minor unaccompanied by parent or guardian is found upon any public ground after 10 o'clock p.m. or before 5 o'clock a.m. of the following 8 9.242 9.243 9.244 day, shall be evidence sufficient tO gustain a finding that said minor is thereon unlawfully and that no reasonable excuse exists therefor. Under Age of 18 Years. It shall be unlawful for any person under the age of 18 years and over the age of 14 years to be on any public .ground in the City between the hours of 12 o'clock midnight and 5 o'clock a.m. of the following day, unless accompanied by his or her parent or guardian, or unless there exists a reasonable necessity therefor. The fact that said minor unaccompanied by parent or guardian is found upon any public ground after 12 o'clock midnight or before 5 o'clock a.m. of the following day, shall be evidence sufficient to sustain a finding that said minor is thereon unlawfully and that no reasonable excuse exists therefor. Responsibility of Parents. It shall be unlawful for any parent, guardian, or other adult person having the care and custody of a minor, under the age of 18 years, to knowingly or negligently permit such minor to violate the provisions of this section. Places of Amusement. It shall be unlawful for any person operating or in charge of any place of amusement, entertainment, or refreshment, or any other place of business to permit any minor under the age of 18 years to enter or remain in such place contrary to the provisions of this section. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business shall find a person under the age of 18 years in such place contrary to the provisions of this section, he shall immediately order such person to leave and if such person refuses to leave the said place of business, the operator shall immediately notify the police and inform them of the violation. Any amendment to the regulations of commercial recreational uses should refer to the above mentioned regulations. S UMMAR Y/AL TERNA TIVES It would be difficult for the City to outright prohibit billiard halls due to its similarity to other commercial recreational uses such as bowling alleys, arcades or even health clubs. However, by adopting additional restrictions on these uses, the City would be addressing its concern over protecting the health, safety and welfare of New Hope citizens and property. 9 In general New Hope's regulations for billiard halls are consistent with many cities in the metropolitan area. However, due to the City's lack of regulation on the hours of operation, specific reference to curfew, and regulations on the operation of billiard halls, strong consideration should be given to amend the existing City Code regarding the regulation of commercial recreational facilities. The following are suggested amendments which the City may wish to consider: 1. Repeal Commercial Recreational Facilities as a permitted use in the B-3 district. This alternative is deemed reasonable given that New Hope's B-3 zoning districts are typically located in close proximity to residential areas and are small in size (see attached exhibit). It may be concluded by the surveys conducted that commercial recreational activities are not a compatible land use with a residential land use. Due to the nature of commercial recreational facilities, they are typically allowed in more intense commercial districts which offer larger sites and greater distance separation between commercial and residential land uses. New Hope's B-4 district accommodates these characteristics. An issue which arises under this scenario is the fact that the YMCA, on Rockford Road, is located within a B-3 zoning district. If the City prohibits Commercial Recreational Facilities in the B-3 district, the YMCA becomes a non-conforming use. The City would then have to consider rezoning the site to B-4. A rezoning of the property seems justifiable, due to the consistency with the surrounding land uses of the area. This site is surrounded by a large B-4 zoning district on three sides, and an I-1 Industrial District on the other. 2. Establish additional regulations for commercial recreational facilities As previously indicated, several cities place additional restrictions on these types of us6s. Such regulations include: Restriction of hours of operation; Restriction or regulation on the age of customers; And regulations of the operation of the business. The City Code may be amended to accommodate these types of regulations in one of two ways. Amend the B-4 Zoning District, Section 4.134 (6) Commercial Recreation Facilities. In amending this Section of the City Code, which conditional permits commercial recreation facilities, conditions such as the ones mentioned above may be added. By amending just this Section of the Ordinance, all of the uses described under commercial recreational facilities would be affected. Amend Section 8.09 Pinball Machines and Pool Tables. By placing additional regulations within this Section of the City Code, which allows these uses by license, conditions would be placed only on these types of uses. 10 Consistent with the items 1 and 2 above, the following Ordinance changes are suggested: Zoning 1. Repeal the following: Section 4.122 Permitted Uses. B-3. (3) Commercial Recreational Uses. Subsequent to the rezoning of the YMCA site, amend the City Zoning Map to reflect the zoning change from B-3 to B-4 at the YMCA site. 3. Amend the following Sections of the City Code (added text is .,i".~): Section 4.134 Conditional Uses, B-4. (6) Commercial Recreational Facilities.. Commercial recreation, provided that: Access. The site of the proposed use has direct access to an arterial street as def'med in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial street, and Co) Proximity to Residential. The outside perimeter of the site, as legally described is 150 feet or more from the boundary of a residential zoning classification, or (c) Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence. (d) Screening from Residential. Parking areas shall be screened from view of residential districts and shall be curbed with continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at the curb line. (e) Access.. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. Lighting Shielded. Ail lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. 11 (g) Surfacing.. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the City. (h) Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the City. Business Licensing Section 8.09 8.091 8.092 8.093 Pinball Machines and Pool Tables License Required. No person shall maintain, keep or sell within the City, a pinball machine or pool table without a license therefor obtained in accordance with Section 8.02. This section shall not apply to pinball machines, or tables held or kept in storage or for sale, and which are not actually in use or displayed for use. Fee. The annual license fee for each pinball machine or pool table shall be as prescribed in Chapter 14. Form and Display. Each license shall accurately describe the machine or table; show the name of the owner, address where such machine is located,, the license fee and the period for which a license is granted; and such license shall at all times be conspicuously displayed where such machine or table is operated. 12 8.094 Gambling Prohibite& NO ~rson shall permit the operation of such a machine Or table for the ~g of side bets or gambling in any form. No prize, award, merchandise, gift, money or anything of value shall be given to any player of such machine. :::::::::::::::::::::...~..::~*~..`~:::::::::.::~::.::.:.:~!$~.!~:!:!:~:~s::::`.:~.:.:::i~!:~:~:~?.:.:~:...:~:~:i::.:!:~:~:?.:.:~:~:~:::~.:.::::::::::.:.~:::::::::::.:.I::::::::::::::::~...~:i:!:~:i¢~:~:i:~:i:i:~:!:.~:i:i:::::i::.~:!:.:~:~:~:~.::.::::..:i....~:~:!:~:!$.::~:::.~:~:!:i:~:~.~!:...:~:~:~:~:...~.$..::~:~:!:I:~::.:$.:.:!:~:!:~:~:!g~:.::?:.. ~!~!!:.!~i!~!i!~.~:~!~!~...:!:i:i:.~ i !i~.:.::-:::.:~i~:~.~::~::;.~:.~! ! !::.:.:-:!i::~?.-:::~!-..:!iii~..:....- .................................... ....:.. ................... . ............ :.~................... ................. :.:.:.:.:~:.:.:.:.:.:.:.:.:.:.:.:...:.:.~...:.:.:.:.:....:+:..+:.:.:.:.::......:...:.: ............ pc: Doug Sandstad Dan Donahue Steve Sondrall 13 I B-3 DISTRICT B-4 DISTRICT NEW HOPE ZONING TO: KIRK McDONALD FROM: DOUG SANDSTAD DATE: FEBRUARY27, 1995 SUBJECT: PROPOSED COMMERCIAL RECREATION TEXT CHANGE IN B-4 ZONE I have attached five graphics that highlight the B-4 properties in green ~ and illustrate the "Prohibited Commercial Rec. Fringe" areas in red diagonal striping. This is based upon the latest language proposed to ensure a buffer from actual nearby residential uses. The two most impacted areas are the Poste Haste Shopping Center and the notheast segment of our 42nd Ave. redevelopment zone. Both neighborhoods have existing homes adjacent to the B-4 lots. Cal~ if you have any questions. cc: NAC-AI Brixius Sondrall rite 'i PARK ~ $5th AVE'. N. 'N. ST. JOSEPH'S CATHOLIC? CHURCH ~ -. SONNESY'N ..-:::' ELEMENTARY S. ~,1'!,00L .'*; . , ..... .?, . . 33 RD AVE · .'. HIDDEN . VALLEY -. ',' "PARK ~'"? .: .... . -... .. ,: .-.!.. ,:,!~' · 1WOOD '58, N. I"1 3:3 RD .' . N D AV.I N. N. WISCONSIN 30TH .30TH AVl N. · ' 30TH A~ '" VIEWCREST LINDA PI. NURSING DICiNE ~ a~KE TO: KIRK McDONALD FROM: DOUG SANDSTAD DATE: FEBRUARY 17, 1995 SUBJECT: 7107 42nd Ave. No. (NEW HOPE BOWL) "GAMES OF SKILL" ETC. I visited the bowling alley, today, to verify the number and variety of devices they have, such as pool tables, video games, pinball machines and dart boards. I chatted with the new owners, Greg & Laurie Bender. The actual count is: 3 Pool tables 2 Pinball machines 2 video games I dart board 8 total Please advise, if you need additional information. cc: file 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 Telephone: TDD Line: 612-531-5100 812-531.5109 City Hall Fax: #612-531-51 Police Fax: #612~'~1-51 Public Works Fax: #612,, 3-76 January 5, 1995 Northwest Associated Consultants Attn: Al Brixius Suite 410 4601 Excelsior Blvd. Mpls., MN 55416 Dear Al, I provide the attached colored graphic that clarifies the oddity of having current zoning code language contradicts itself. Our moratorium study of the B-4 Zone and commercial recreation has yielded a preliminary thought that these uses are most appropriately directed towards the larger lots with our maximum intensity uses: B-4. Therefore, the .fact that current code allows commercial recreation in the B-3 Zone as a permitted use (on smaller, more sensitive sites) defies logic. The lots in red on the graphic are all B-3 Zones. The much larger B-4 Zones, highlighted in yellow, clearly tend to be more removed from nearby residential and have some "absorptive capacity" where parking is concernecL Note that the former Ponderosa restaurant is now vacang on 7112 Bass Lake Road~ in the B-3 Zone. Without the moratorium, a commercial recreation use could move into that building without even talking to city staff, under existing laws. This is the only unoccupied building on a B-3 lot in the city. Oo?~s Sandstad Buiffd~ng Official / Zoning Administrator Family Styled City ~ For Family Living 440! Xylon Avenue North New Hope, Minnesota 55428-4898 Telephone: TDD Line: 612-531-5100 612-531-5109 City Haft Fax: #612-531-51~; Police Fax: //612-531-517 Public Works Fax: #612-533-765 November 30, 1994 Mr. Alan Brixius Northwest Associated Consultants, Inc. 5775 Wayzata Boulevard, Suite 555 St. Louis Park, MN 55416 Subject: Ordinance Temporarily Prohibiting Billiard Centers and Resolution Authorizing a Planning Study to Consider Amended Regulations for Commercial Recreational Facilities Dear Alan: At the November 28th Council meeting, the New Hope City Council passed an Ordinance Temporarily Prohibiting Billiard Centers and a Resolution Authorizing a Planning Study to Consider Amended Regulations for commercial Recreational Facilities, and I am enclosing both for your information. These actions were precipitated by the On Cue Billiards conditional use permit application to locate a Billiard Facility at Midland ~ Shopping Center. The application brought forth a great deal of neighborhood opposition. I am also enclosing the P1 .apning Commission and City Council minutes pertaining to this application for your information. Please review these materials in preparation for a meeting on the subject with Dan, Steve, Doug and myself. The meeting is scheduled for Monday, December 12th, at 8:30 a.m. in the City Council Chambers. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator Enclosure: As Stated cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Doug Sandstad, Building Official Valerie Leone, City Clerk Planning Case. File 94-35 Family stYled CitY "wV ~l V ~lW" For Family Living STEVEN A. ~ON~iNAI i MICHAEl.. ~. MARTI~ P IIA~,ECHA WNj lAM ~:. STlqAJT COP, RICK & SONDRAI,[,. P.A. Arro~¥s Ar LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park. Minnesota 55443 TELEPIM3NE (~'/2) FAX (112) 42S,~ItT t. AVO##E E <E$~<E November 21, 1994 Mr. Daniel J. Oonahue City Manager City of New Hope 4401Xylon Avenue North New .Hope, MN 55428 RE: Pool Hall Moratorium and Resolution Authorizing Study of Ordinance Our File No. 99.29429 Dear Dan: [n follow up to the Midland Shopping Center Pool Hall Application, ! have prepared a proposed Ordinance calling for a six month moratorium and a Resolution authorizing the City Planner to study the issue on pool halls and make recommendations regarding the impact of all commercial recreational facilities in the commercial and industrial zoning districts of the City. Basically, I think we might want to look at several issues. Certain3y we should review hours of operation for all our commercial recreationa3 faci3itiss and possibly draft a City wide ordinance dealing with hours of operation. ! suspect all commercial recreatt'onal faci3ities have the potential for attracting non-New Hope residents into an area that could lead to prob3ems de&3ing with traffic, noise, loitering, truancy, and crime in general. We shou3d probably take this opportunity to have the City Planner review this issue and see how other communities deal with these issues. Secondly, we may want to review our performance standards, regarding commercia3 recreationa3 facilities as they re,ate to proximity to residential zoning districts, churches and schools. Again, this is something the City P3anner cou3d review as part of his study.. COUNCIL FOR ACTION ~lna~ Department City Manager Dan Donahue Approved for Ager~ia Agenda Section Development I1-28-94 & Planning i ~ Item No. 8.1 / ORDINANCE 94-20, AN ORDINANCE TEMPORARILY PROHIBITING pOOL OR BILLIARD CENTERS WITHIN THE CITY OF NEW HOPE This ordinance would establish a six-month moratorium on requests for billiard halls or any facility with more than two 'pool tables effective through May 28, 1995. As a result of the recent application for a CUP to allow a billiard room at Midland Shopping Center, many residents expressed opposition to this type of facility. The moratorium will allow adequate time to study the issue relating to our code. Staff recommends approval of the ordinance. MOTION BY TO: SECOND BY RFA-O01 ORDINANCE NO. 94-20 AN ORDINANCE TEMPORARILY PROHIBITING POOL OR BILLIARD CENTERS WITHIN THE CITY OF NEW HOPE The City Council of the City of New Hope ordains: ~ection 1. Section 1.57 "Tem orar Prohibition of Pool'Halls or Centers" of the New Hope City Code is hereby added to read as follows: I .57 ~_ .b~tjg~.of Pool Halls~. Pursuant to the authorit of Minn. Stat. 462.355 4 and 412.221 location of an ool or billiard hall or center or an other commercial recreational facilit with more than two ool or billiard tables', coin o erated or otherwise an where within the New Ho e Ci limits, aid rohibition shall be effective throu h Ma 28 1995. An a lication for issuance of buildin or occu anc ermits under Cha ter 3 of this Code text chan es variances conditional use ermits and rezonin r ue s under Cha ter 4 of this Code and subdivision re uests under Cha ter 13 of this Code for an new · c n truction develo ment or subdivision of rD eft for a ool or billiard hall or center as herein defined shall be denied until Ma 28 1995. Section ~. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1994. Attest: Leone, City Clerk Edw. J. Erickson, Mayor (Published in the New Hope-Golden Valley Sun-Post the _, 1994.) day of COUNCIL REQUEST FOR ACTION Approved for Agenda Agenda Section Dev. i Planning 11-28-94 · Itero No. ~.~/ 8.2 Originating Department City Manager Dan Donahue RESOLUTION AUTHORIZING A PLANNING STUDY TO CONSIDER AMENDED REGULATIONS FOR COMMERCIAL RECREATIONAL FACILITIES This resolution will authorize the City Planner to study the issue on pool halls and make recommendations regarding the impact of all commercial recreational facilities in the commercial and industrial zoning districts of the City. The study would review the hours of operation for all our commercial recreational facilities and performance standards regarding commercial recreational facilities as they relate to proximity to residential zoning districts, churches and schools. The study will be completed and presented to Council prior to May 28, 1995. Staff recommends approval of the resolution. MOTION BY TO: ~ RFA-O01 RESOLUTION NO. 94- A RESOLUTION AUTHORIZING A PLANNING STUDY TO CONSIDER AMENDED REGULATIONS FOR COMMERCIAL RECREATIONAL FACILITIES WHEREAS, commercial recreational facilities as defined by New H°-~---C:.~_<~ §4.022(23) are permitted and conditional uses in the commercial and industrial zoning district, and WHER__~.[~, pool and/or billiard halls or centers are defined as commercial recreational faci!ities, and ' WHEREAS, many of the City's commercial and industria1 areas are in close proximity to residential areas of the City, and WHEREAS, there is concern that commercial recreational facilities, such as pool and billiard halls, bowling alleys, pinball and video arcades and other such establishments require hours of operation that extend well beyond normal bus,ness hours for a typical commercial retail establishment, and WHEREAS, there is a further concern that commercial recreational facilities attract non-New Hope residents into the City due to extended late night and early morning hours of operation, and WHEREAS, there is a concern that commercial recreational facilities may have an adverse affect on the health, safety and welfare of New Hope citizens and property if too closely situated to residential property, churches or schools or if improperly managed and regulated due to circumstances created by increased traffic and noise and the potential for juvenile truancy l'oitering and crime. ' NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of New Hope. Minnesota, as follows: 1. The City Manager is hereby authorized and directed to have prepared a pl&nning study to consider the impact of commercial recreational facilities within the City including, but not limited to, the followin9: a restriction on hours of operation; proximity to residential zoning districts, churches and schools; prohibition of pool or billiard halls or centers within the City. 2. That the study should be completed and brought back before this Council on or before May 28, 1995. 3. That a moratorium should be imposed On all future pool or billiard halls and centers within the City until the herein plannin9 study is completed. Dated the day of , 1994. Edw. J. Erickson, Mayor 'Attest: Valerie Leone, City Clerk League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 December 28, 1994 Dave Licht 5775 Wyzetta Blvd. Suite 500 St. Louis Park, MN 55416 Dear Mr. Licht: This letter is in response to your request for information on municipal time and location regulations of pool halls. As I understand, you work for a consulting service that is conducting services for the city of New Hope. Minnesota Law (M.S. 412.221 sub. 25) grants statutory city councils the power by ordinance to prevent, license or regulate pool and billiard halls. Enclosed, please find pool hall regulations/ordinances from the cities of Minneapolis, Excelsior, Hastings, West St. Paul, and Columbus Ohio (from our file 25D). I want to inform you that I am not an attorney. While many of the enclosed materials my contain provisions that could serve well as models in drafting your own documents, you will need to make some changes to tailor it to your city's needs. You should also have the city attorney review it prior to its passage to ensure that it is legally enforceable and that it will not conflict with any of the city's, other ordinances. I am sending a copy of this letter to the New Hope Management Department as is our policy when responding to inquiries from non- League members on behalf of member cities. I hope you find this information helpful. If you or the city of New Hope have any further questions please let us knoW. Sincerely, Research Assistant enc. cc. Kirk McDonald - New Hope Management Asst. AN EQUAL oPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612) 490-5600 1..800-925-1122 plus your dry code TDD (612) 490.9038 Fax (612) 490-0072 i u 94~'351~ ? P. ID]. OFHO~ OF ~ CITY AI~O~ CITY OF SAINT PAUL 15 W~t t~ ~ Satn~ Pau~ i~nneso~ $$102 T~ 612 2M.~/10 FAX TRANSMISSION DATE: TO: November 14, 1994 Steve Sondra New Hope City Attorney RE: Pool Halls FAX NO.: 425-5867 NUMBER OF PAGES 0ncludlng cover page): FROM: Janet Reiter St. Paul City Attorney's Office 400 City Hall 6 FAX No.: 298-5619 MESSAGE Mr. Steve Sondra Attached are copies of two St. Paul City ordinances which regulate the licensing of pool halls/game rooms.' If you need additional information please contact me at 266-8731 ' Janet RoRer Chapter 322. Bowling Centers; Pool Halls* *Cross reference(s)-G-ambling generally, Ch. 270; specific provisions pertaining to poolroom~ and gambling, § 270.12 et seq. Sec. 322.01. License required. No person shall keep or have for public use in Saint Paul any bowling center or any billiard or pool table, including any coin-operated billiard or pool table, wherein or whereon such person shall permit, for reward or otherwise, any other person to play at any game of billiards, pool, tenpins or to bowl thereon, or any other game or games whatever, without a license. No person licensed to sell on-Sale nonintoxicating and intoxicating liquor who has any coin-operated billiard or pool table used on the premises licensed for the sale of liquor shall be required to have a license hereunder for said coin- operated billiard or pool table. (Code 1956, § 406.01; Ord. No. 17557, § 1, 5-10-88) Cross reference(s)-Notice requirements for coin-operated amusement machines, § 191.01. Sec. 322.02. Fee. (a) Billiard or pool tables. The fee required is ninety dollars ($90.00) for ~he first billiard or pOOl table, including the first coin-operated billiard or pool table; and twenty- five dollars ($25.00) for each additional table thereafter except coin-operated billiard and pool tables licensed under Chapter 406. (b) Bowling centers. The fee required is forty-eight dollars ($48.00) for the first bowling alley, and twenty-seven dollars ($27.00) for each additional alley thereafter. (Code 1956, § 406.03; Ord. No. 16883, 2-11-83; Ord. No. 17557, § 1, 5-10-88) ?Sec. 322.03, Hours of operation; cause for revocation, The keeper o£ any such pool or billiard room shah not allow the same to be kept open or used by any person later than 12:00 of any night and the same shall thereafter · remain closed until 7:00 each morning. There shall be no limit on the hours of operation for bowling centers. Any bowling center that has an on-sale intoxicating Liquor liceme or on-sale nonintoxicating malt lkluor license must, during ~he hours of prohibited sale of such liquors as sci forth in section 409.07 of the Saint Paul Legislative Code, cover all liquor and liquor dispensing' devices and must secure them from public view and accessibility by a locking device. Any violation of this requirement as well as any disorderly or improper conduct on the premises shall be sufficient ground for revocation of such license by the council of the City of Saint Paul. (Code 1956, § 406.04; Ord. No. 17557, § 1, 5-10-88) 2 NFJJ-14-1994 15:1~8 FRIll1 CITY ATTOI::~EYS OFFICE TI] 9425586? Chapter 406. Game Rooms* *Cross reference(s)--Coin-operated machines, Ch. 191; provisions perta/ning to gambling generally, Ch. 270; mechan/cal amusement devices, Ch. 318; bowling centers and pool halls, Ch. 322; lawful gambling, Ch. 402; b/ngo halls, Ch. 403. Sec, 406.01. License required. No person shall operate a game room/n Saint Paul without a Hcense. (Code 1956, § 412.08) Sec. 406.02. Definition. The phrase "game room" shall mean and include an establishment or premise~ in which four (4) or more coin-operated mechanical amusement devices, as defined in section 318.01, except c~in-operated billiard and pool ~ables, are kept or maintained for use of the public. (Code 1956, § 412.09) Sec. 406.03. Exception. No person licensed to sell intoxicating or nonintoxicating liquor at retail shall be required to have a game room license for the premises described in such intoxicating or nonlntox/cating liquor license. (Code 1956, § 412.10) Cross referenee($)--L~quor and beer, Title XXIV. The fee required is two hundred dollars ($200.00). (Code 1956, § 412.11) Sec. 406.05. Application. The application shall contain, in addition to the following, such other information NOU-14-1994 15:08 'FROM CITY ATTOR~YS OFFICE as the inspector may require: (1) Personal and business information concerning the applicant; The name and written consent of the landlord to operate a game room, if not part of the lease, together with a copy of the lease; (3) A list of the coin-operated mechanical amusement devices to be placed or operated in the game room, together with their license' numbers; and (4) The name or names of managers hired to supervise the operation. (Code 1956, § 412.11) . Sec. 406.06. Hours of operation; admission of minors. Game rooms may be open only between the hours of 11:00 a.m_ .and 12:00 midnight. On weekdays from and including September 1 through May 31, minors shall not be admitted between the hours of 11:00 a.m. and 3:00 p.m. (Cxxte 1956, § 412.13; Ord. No. 17028, 5-31-83) Cross reference(s)--Curfew for minors, Ch. 225; misrepresentation of age by minors for possession of liquor and/or beer, Ch. 244; persons under eighteen prohibited in rooms where charitable bingo games are conducted, § 402.03(0; nonadmittance of minors to public dance halls, § 405.04(b). Sec. 406.07. Manager. The Hcensee shah act as manager, or hire other persons to act as managers, wh~ shall be on duty on the premises licensed at all times such game room is open for . business. It shall be the duty of the licensee or his managers to remain on the premiSes at all times, and enforce the provisions of section 406.08. (Code 1956, § 412.12) Sec. 40~.08. Code of conduct. The following code of conduct shall be posted in a prominent place in the game room, and shall be enforced by the Hcensee and managers: (1) Truants from school shall not be permitted to enter or remain on the licensed premises; 2 NOU-14-19cJ4. 15:89 FROM Ct~Y ATTOR. D~YS OFFICE 9425586? P.ID6 No person violating any curfew law or ordinance shall be permitted to enter or remain on the licensed premises; (3) No person soliciting to vice or any other unlawful purpose shall be permitted to enter or remain on the licensed premises; (4) No person selling, transferring, giving, using or in possession of any controlled substance as defined in Minnesota Statutes, Sections 152.01 through 15Z20 shall be permitted to enter or remain on the premises or remain in the area directly adjacent to the premises; and No person shall be permitted to obstruct or interfere with pedestrian on sidewalk areas directly adjacent to the licensed premises, or to haras.% threaten or annoy any other person in the areas directly adjacent to the 'licensed premises. (Code 19:56, § 412.13) Cross reference(s)--Street, sidewalks and other public ways generally, Title XII; restrictions on use of sidewalks, Ch. 106; congregating on sidewalks, Ch. 111; curfew for minors, Ch. 225; liquor and beer regulations, Title XXIV; drugs, Title XXV; solicitation to vice, Ch. 272. TOTAL P. 06 PC 94-29 Item 4.5 Chairman Cameron introduced for discussion Item 4.5 Request for a Conditional Use Permit to Allow a Commercial Recreation Facili.ty (Billiard Room) at Midland Shopping Center, 2703 Winnetka Avenue North, Dave Dahl/Gregg Kegley/Engelsma Investment Limited Partnership, Petitioners. Mr. McDonald reported that the petitioners are requesting a Conditional Use Permit to allow a commercial recreation facility (billiard room) at Midland Shopping Center. The petitioners are requesting to allow the conditional use of a billiard room in an 8,800 square foot leased space at Midland Shopping Center in the area adjacent to and just north of Cinema 'N' Drafthouse. The petitioner has revised their initial request from a 24- hour operation to 11:00 a.m. to 4:00 a.m. Mr. McDonald informed the Commission that in addition to the rental of billiard tables, other services to be offered include: Retail: Purchase of billiard accessories; Pro Shop: Customers can have tips cleaned or re- tipped; Convenience Food: Frozen pizza, chips, pretzels, candy bars, fruit juices, and soda; and Video Machines: Dart machines, video games, and juke box while customers wait for a table. Mr. McDonald reported the proposed billiard entertainment facility will contain 29 tables (two different sizes) and focus o~ leagues and tournaments. A detailed list of house rules were provided and state that anyone under the age of 15 must be accompanied by an adult. No alcohol is allowed on the premises. Mr. McDonald stated that the petitioner feels that the granting of this request will enhance the business activity and customer traffic within the area increasing the marketability of surrounding retail leasable space. Kraus-Anderson Realty, owner of Midland Center, stated in a letter (hat a business of this nature would be complementary to the existing theater and serve as an additional traffic draw to the center, creating a more stable economic environment for the other tenants. The petitioner submitted detailed information regarding billiard operations which was included in the report. Mr. McDonald stated this property is zoned as B-4, Community Business, Zoning District. Surrounding land uses and zoning include R-2 duplexes to the north; Residential/Office, B-1 and B-3, Business/Auto and R-4 (apartments) zoning to the east across Winnetka Avenue; R-O zoning (Ambassador Nursing Home) to the west; and Golden Valley/residential across Medicine Lake Road to the south. The shopping center use was approved as a PUD and parking was based on a variety of tenant uses. The center has 250 spaces available and staff finds that this is adequate. Mr. McDonald reported that property owners within 350' of the request have been notified and staff have received no comments from neighbors, however, the Police Department has expressed concerns about the use and proposed hours. Mr. McDonald pointed' out the City Code defines "commercial recreation" New Hope Planning Commission - 9 - October 4, 1994 as a "bowling alley, golf, pool hall, etc." therefore staff has categorized this request as a commercial recreational use. Those types of facilities are allowed in the B-4 Zoning District as a conditional use provided that specific conditions are met. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the~oremises, or on any adjoining roads, and all such other or further factors as the CiW shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. Other general criteria to be considered when determining whether to approve or deny a conditional use permit include whether the proposed use is compatible with its adjacent land uses and if the proposed use will depreciate the value of the area in which it is proposed. Also under the business criteria, the Code states that existing businesses nearby should not be adversely affected because of curtailment of customer trade brought about by intrusion of unduly heavy non-shopping traffic or general unsightliness. Mr. McDonald stated that in addition to the above listed general CUP criteria, the specific criteria for a commercial recreational facility in a B-4 Zoning District are: Access to an arterial streets; proximity to residential; architectural compatibility, which is not an issue here because the shopping center is already at this location and this is not a new building. Mr. McDonald remarked that the Design & Review Committee met with the petitioner on September 15th. The majority of the discussion focused on hours of operation, but other issues discussed included: interior layout of facility, food/beverage service, signage which would have to comply with the shopping center's Comprehensive Sign Plan, trash receptacles/ dumpsters, house rules, concerns about loitering, number of employees and shopping center fire sprinkler system. Revised plans were submitted as a result of the meeting which show emergency exits, front sidewalk trash containers, location of new dumpster enclosure at rear of building, table rental/refreshment counter, and video game area. Mr. McDonald commented that the Police Department prepared a report describing past and present billiard operations in the New Hope area and is concerned about the 4:00 a.m. revised closing schedule and feels that the closing time should be more compatible with other New Hope recreation facilities, which close between 10:00 p.m. and 1:00 a.m. Mr. McDonald commented that the Design & Review Committee requested staff to check the closing times of other New Hope recreation facilities, such as New Hope Bowl, U.S. Swim & Fitness and Cinema 'N' Drafthouse, and this was included in the planning report. While the Zoning Code does not state specific closing hours for billiard rooms, the City Attorney has prepared an opinion regarding whether the City can regulate the hours of operation for a pool hall located in the B-4 Zoning District. The Attorney states that the City does have the authority to regulate the hours of operation based on State Statute and based on the CUP general requirements criteria. Based on the concerns of the Police Department, the opinion of the City Attorney and the survey of hours of existing commercial recreational facilities, staff is recommending the following closing hours for this facility: Monday - Friday 12:00 a.m. and Saturday - Sunday 1:00 a.m. New Hope Planning Commission - 10 - October 4, 1994 Mr. McDonald informed the Commission that the petitioners submitted a narrative regarding concerns raised at the Design & Review meeting including loitering, !itt~d~g, noisy gatherings, outside trash containers, curfew for Underage people With idei~fification checks being made after 10:00 p.m., people under 15 must be accompanied by an adult, permission was given by the owners of Midland Center to control the loitering in the parking lot. There was also an explanation of who the -petitioner felt the customers would be during the late night hours. Chairman Cameron asked for the petitioners to approach the podium to answer questions from the Commission. Mr. Dave Dahl and Mr. Gregg Kegley came forward. Chairman Cameron stated that since this is a new type of operation and wanted to know why such a large number of starting rules are needed, who are the intended clients, why a 4:00 a.m. closing time is necessary, and what the operating procedure will be. Mr. Dahl passed out for the Commission a schedule of hours and who the clients would be during the day and evening hours. Mr. Dahl stated that he has talked to several officers in the Police Department and others in the community about the billiard room. A large percentage of the New Hope population is seniors who were once active in this sport. The target time for early morning and afternoon play would be for seniors. The billiard room would have to cater to everyone interested in playing this sport and not just one specific group of people. Chairman Cameron wondered if the petitioners were ever in this business before and was informed that they have not been in the ownership business before but have been involved in billiards for the past 15-20 years. Commissioner Cassen questioned the hours of operation, loitering, littering, noise. The house rules are appreciated and the promise to keep checking on the parking lot. Commissioner Cassen asked how the house rul~s will be enforced. Mr. Kegley, full-time, and Mr. Dahl, part-time, will be the on- site managers especially during the first year and will be in charge of enforcing the rules. There will be other employees to help out. Chief Kastanos was contacted regarding enforcing the rules. Kraus-Anderson was contacted and have given permission to control the loitering in the parking lot. Chief Kastanos informed Mr. Dahl that calls to the Police Department are encouraged if there is trouble outside. Mr. Dahl does not believe there will be trouble inside because of the house rules. For the success of the business, the house rules will have to be enforced. Commissioner Cassen questioned when peak times will be and who the customers would be at those times. Mr. Dahl responded that probably Friday and Saturday evenings would be peak times with all tables full from 8:00 p.m. to closing with a maximum crowd of about 70 people. Commissioner Stulberg raised the issue of reservations fOr tables or will people get tables on a first come first served basis so people will be waiting for tables in the parking lot or somewhere else. Mr. Dahl answered that names can be taken upon arrival and put on a list, and this is the reason for the video games, dart machines, etc. Commissioner Stulberg also wanted clarification on the capacity for handling the extra people waiting to get on the tables and what type of structure is there on table time or how quiCkly will the tables be turned over to those waiting. New Hope Planning Commission - 11 - October 4, 1994 Mr. Dahl stated that at this time there is not a rule that says a customer can only play for an hour at a time and then leave. The feeling is that most people will not wait for a pool table if there are even a few others waiting. Commissioner Cassen raised the issue of taking care of the tables, retail, pro shop, food, etc. with only the three employees that were mentioned at Design & Review and also control the loitering. Mr. Dahl stated that at the beginning there will be three employees and as need arises more employees will be added. Mr. Dahl feels that is problems are dealt with strictly and efficiently from the beginning there will not betas many problems down the road. Commissioner Cassen also questioned what the trash enclosure/receptacles will be like. Mr. Dahl brought pictures of the existing trash receptacles which are made of metal. Design & Review advised Mr. Dahl to look at the receptacles at the shopping center at 36th & Winnetka and the receptacles there are made of plastic. It is not known at this time if Kraus-Anderson supplied the trash receptacles at Midland Center, but Mr. Dahl stated that receptacles can be purchased to'match existing and to be sure the receptacles are big enough and heavy enough so as not to get moved or tipped over. Mr. Dahl informed the Commission that Kraus-Anderson told him that the 1995 budget includes lighting, trash dumpsters, and automatic fire sprinklers. Mr. Dahl indicated that the City would receive something in writing regarding these items. The trash dumpsters in the back are now enclosed, however Kraus-Anderson has stated they would build something bigger so a number of dumpsters can be put in the same enclosure. Chairman Cameron questioned when this would be done. Mr. Dahl stated that Kraus-Anderson would submit something to the City regarding this. Mr. Dahl stated that his business should not be contingent on what Kraus- Anderson's plans are for the Midland Center and the time line being used for cleaning it up. Chairman Cameron remarked that a business would not be held up because of the trash enclosure but that the fire sprinklers were very important. Mr. Dahl replied that the sprinklers in the section of the building to be used by the pool hall would be completed before moving in. Chairman Cameron informed the petitioner to let Kraus-Anderson know that a letter should be sent to Mr. McDonald at the City stating when the previous items would be taken care of. Commissioner Cassen wondered how the petitioner felt about the recommendations by staff of hours. Mr. Dahl replied that Friday should be considered a weekend night and Sunday a weekday night as far as closing and would request that Friday and Saturday would be the later closing times. The petitioner doesn't believe the business can survive closing at midnight. Commissioner Cassen questioned whether there would be any additional signage. Mr. Dahl stated that the business name would be on the signboard at the shopping center. At this time there are no plans to put a sign on the building. CommissiOner Cassen reminded the petitioner that there is a sign ordinance and to contact City staff before putting up any type of sign. Commissioner Landy questioned if the petitioner has a business plan or has done any financial projections and was informed that the petitioners have done this. Commissioner Landy stated that no alcohol in the establish- ment is positive and questioned if there would be no smoking as well or if there will be smoking and no smoking areas inside. Mr. Dahl stated that it is too difficult to section off an area with only 8,000 square feet to New Hope Planning Commission - 12 - October 4, 1994 make a no smoking area. There will be new heating and HVAC going in all the spaces. There are four old bays which will become one and there will be five units to handle this space. Souther. land Engineering has confirmed that the he~fihg, air cOnditioning and fresh air proposed for this space is sufficient. Since youths under 18 are not allowed to buy cigarettes, there should not be a problem with that age group smoking, however trying to stop adults from smoking probably will not happen. Possibly there could be a small separate area set aside for' smoking. Commissioner Landy questioned the staff if there are any ordinances about the parking lot lights staying on until 4:00 a.m. and was informed that the only requirement is that the light does not spill over into the r~esidential areas. Commissioner Landy questioned if a lease has been signed with Kraus-Anderson at this time. Mr. Dahl stated that negotiations have taken place but no lease has been signed yet. Commissioner Landy stated his fear at this point is that the pool hall would become a hangout for high school kids, gangs and other trouble will develop making this shopping center an unsafe area making other tenants move out. Will there be a clause in the lease that Kraus-Anderson can evict the pool hall in case there is a lot of trouble that is a direct result of the pool hall. Mr. Dahl stated that Officer Anderson talked to the Police Departments of other cities with pool halls that closed mainly because of poor management and not enforcing rules. Mr. Dahl stated that the lease being negotiated is for five years with a five year option and the petitioner does not want to sign a lease before the CUP is approved or if the CUP can be taken away after a year or two. Mr. Dahl feels that the annual review by staff is good. Mr. Dahl questioned one of the conditions in the report which stated that there should be no significant increase in the number of Police calls to Midland Center. Mr. Dahl stated that there are Police calls to the center now and his business is not open and the petitioner wonders what the CiW considers a significant increase in calls. Commissioner Landy wanted confirmation that Mr. Dahl could leave his full-time employment, if needed at the pool hall for a short time, and it was confirmed that the petitioner could do this. Commissioner Oelkers remarked that the back yard of the shopping center is rather shabby, with the green space not mowed, and trash all over the hill behind the building. Mr. McDonald stated that is one thing that Kraus- Anderson will need to address when contacting the City. Commissioner Oelkers also questioned why being open until 4:00 a.m. is important when league or tournament play is over long before that time. Mr. Dahl answered that leagues begin after dinner and not all tournaments are over at midnight. Most of the players involved in leagues or tournaments will stay and play after the regular league play or tournament is finished. Mr. Kegley interjected that in league play three - five games doesn't sound like much but this does take time. Commissioner Cassen asked what the timeline is for opening. Mr. Dahl answered that 60 - 90 days of work needs to be finished in the space before opening could take place, including HYAC, sprinklers, plumbing, Carpet, electrical, etc., and that starts after approval of the CUP. The ideal situation would be to be open by Christmas break or the first of the year. The tables have been ordered at a cost of about $4,000 each. The manufacturer has 40 tables available now, but will not be ordered until after the Council meeting. Chairman Cameron asked if an operation this size could succeed without alcohol. Mr. Dahl confirmed that it could. The petitioner prepared a list New Hope Planning Commission - 13 - October 4, 1994 of 12 pool halls in the cities, with only one serving alcohol and who closes at 1:00 a.m. The average closing time is later than 1:00 a.m. Chairman Cameron questioned staff how Kraus-Anderson can be dealt with. Mr. McDonald stated that possibly this planning case could be approved subject to a written commitment from Kraus-Anderson. Chairman Cameron suggested that the petitioner contact Kraus-Anderson and inform them that the City is holding up this operation pending some commitments from the Kraus-Anderson and for them to call Mr. McDonald this week. Commissioner Landy noted that there still are a lot of questions that need to be answered by Kraus-Anderson. Mr. Dahl felt that his business would be hurt more by a delay in the granting of the CUP than Kraus-Anderson since the space has been vacant for several years. Chairman Cameron asked if there was anyone in the audience that wished to address the Commission regarding the pool hall, and being that there was none, the discussion came back to the Commission. Chairman Cameron informed the petitioner that he would not vote for any hours beyond midnight and 1:00 a.m. and questioned how this will affect the operation. Mr. Dahl stated that, with the hours as stated in the report, most of the clientele would be kids because 18 year olds can stay out until midnight and then the adults need to leave also. Mr. Dah! feels it will be harder to succeed with the earlier closing time. Another point from Mr. Dahl was that if alcohol was served the closing time would automatically be 1:00 a.m., but the petitioner stated alcohol was not wanted. The number of problems a business has is determined by how successfully it is run. Mr. Dahl suggested that later hours would be granted at first and if this does not work out, then closing could be earlier. Chairman Cameron stressed that it was the desire of the City to have activity shut down and people off the street by midnight or 1:00 a.m. Mr. Dahl still questioned why the bowling alley has a 1:00 a.m. closing time or some other eating establishments can close at 2:00 a.m. Commissioner Sonsin stated that possibly some bending of the hours could be done but not until 4:00 a.m. First, because in the case of U.S. Swim & Fitness who did not have any business at the late night hours. The people who the petitioner wants to cater to until 4:00 a.m. were the same people U.S. Swim & Fitness wanted but do not exist in New Hope, at least not in enough numbers that would justify staying open. Second, this is a strip mall in a residential neighborhood, and if there are noise problems it will spill over to the residential area and there will be complaints from the residents. Third, another item to consider is the police report identifying problems with late night pool halls and, therefore, going beyond 1:00 a.m. is hard to consider. MOTION Item 4.5 Motion by Commissioner Cassen, seconded by Commissioner Watschke, to approve Planning Case 94-29 Request for e Conditional Use Permit to Allow a Commercial Recreation Facility (Billiard Room) at Midland Shopping Center, 2703 Winnetka Avenue North, Dave Dehl/Gregg Kegley/Engcisma Inveetment Umited Partnership, Petitioners, subject to the following conditions: 1. Hours of operation limited to 8:00 a.m. to 1:00 a.m. so that hours of operation are compatible with other New Hope businesses. New Hope Planning Commission - 14 - October 4, 1994 3. 4. 5. 6. 7. Obtain appropriate business license from Ci~/Clerk with approval by City Council. Annual review by City staff. No significant ib~i~nce of Police Department calls to the business or Midland Center. Two heavy, secured trash receptacles installed on sidewalk near front entry, design to be consistent with others in shopping center. All signage to comply with Midland Center Comprehensive. Sign Plan. Property owner to provide written commitment to work with City to resolve the following issues: A. To re-evaluate parking lot lighting for phased improvement to shield lights from residential areas and street and submit plan to staff within six montha. B. To evaluate assortment of trash dumpster screenings and submit plan to comply with City Code and screened trash dumpster to be installed in rear of property, per plan. C. To complete automatic fire sprinkler system in building, per previous order, within 6 to 12 month period. Commissioner Sonsin stated there still are some unanswered issues that should be answered before this goes to Council. Chairman Cameron noted that Council will have benefit of the Planning Commissio. n's discussion and they can table it if further study is needed. Commissioner Sonsin feels that the hours of operation issue has not been resolved yet nor has the police report issue and some positive comments been resolved. Mr. Dahl stated that the Oesign & Review Committee was given the list of pool halls and staff indicated they may contact these establishments. Mr. McDonald confirmed that several establishments were contacted and the Police Department also conducted research. Chairman Cameron noted that there was a choice before the Commission to pass for fail the motion and this would still move on to the Council. Commissioner Sonsin expressed concern that there were still some planning issues open and should be resolved before this planning case moves on to the Council. Mr. Dahl wished to go before the City Council this month rather than to table this issue at the Planning CommissiOn. Commissioner Oelkers pointed out that he called several pool halls and .stated that they were open until 2 or 3:00 a.m. during the week. This should not be an issue since the entrances are away from the residential areas. Commissioner Sonsin stressed that if a problem arises this will be an issue because the noise will carry over into the residential areas. Voting in favor: Voting against: Abstain: Absent: Motion carried. Cameron, Cassen, Watschke, Oelkers, Stulberg Landy, Zak Sonsin Underdahl, Gundershaug This Planning Case will appear before the City Council on October lOth, 1994. New Hope Planning Commission - 15 - October 4, 1994 bay. He mentioned it would necessitate relocating a tree but would be Jess dramatic to the neighborhood. RESOLUTION 94-161 Item 8.5 PLANNING CASE 94-29 Item 8.6 Mayor Pro tern Enck stated the view may not be different but the driveway would exit 40-1/2 as opposed to Cavell Avenue. The Council discussed the effect a two-week delay would cause the property owner. Councilmember Williamson introduced the following resolution and moved its adoption: "RESOLUTION APPROVING PLANNING CASE 94-28 REQUESTING VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 4052 CAVEE. AVENUE NORTH {PID #18-118-21-24-0010) SUBMII'I'ED BY ROBERT FUNK'. The motion, for the adoption of the foregoing resolution was seconded by Councilmember Wehling, and upon vote being taken thereon, the following voted in favor thereof: Williamson, Wehling, Enck; and the following voted against the same: Otten; Absent: Erickson; whereupon the resolution was declared duly r~assed and adopted. signed by the mayor which wee attested to by the city clerk. Mayor Pro tern Enck introduced for discussion Item 8.6, Planning Case 94- 29, Recluest for a Conditional Use Permit to Allow a Commercial Recreation Facility (Billiard Room) at Midland Shopping Center, 2703 Winnetka Avenue North, Dave Dahl/Gregg Kegley/Engelema Investment Umited Partnership, Pefitionere. Mr. McDonald stated the petitionere ere requesting a Conditional Use Permit to allow a commercial recreation facility (billiard room) at Midland Shol~ping Center. The petitioner is requesting a conditional use for a billiard room in an 8,800 square foot leased space et Midland Shopping Center in the area adjacent to end just north of Cinema 'N' Drefthouse. The petitioner has revised their initial reduest from · 24-hour operation to 11:00 a.m. to 4:00 a.m. In addition to the rental of billiard tables, other services to be offered include: A) R~ail: Customers will be able to purchase billiard eccessoriss; B) ~.g.~lgg: Customers will bring their cues to have them cleaned, re-tipl~ed and repaired; C) Food: Pizza (frozen), chipe, pretzels, candy bars, fruit juices, end soda; D) Vide;): .Dart machines, video games, and juke box will offer an altemstive sport to customers while waiting for · table to become available. The proposed billiard entertainment facility will contain 29 tables and focus on leagues and toumsmenta. House rules state that anyone under the age of 15 must be accompanied by an adult. No alcohol is allowed on the premises. · The City Code defines "commercial recreation' as a "bowling alley, golf, pool hall, dance hall, skating, trampoline, end similar uses," therefore staff hal categorized this request as a commercial recreational use. This property is zoned as a B-4, Community Business, Zoning District and commercial recreation facilities ere allowed in the B-4 Zoning District as a conditional uae provided that specific conditions are met. He stated the major issue discussed at the Planning Commission Meeting was hours of operation. The petitioners have been very cooperative. Mr. McDonald continued by stating the Police Department is concerned about the 4:00 a.m. revised closing schedule and feels that the closing time should be more compatible with other New Hope recreation facilities. While the Zoning Code does not state specific closing hours for billiard New Hope City Council Page 12 October 10, 1994 rooms, the City Attorney states that the City does have the authority to regulate the hours of operation based on State Statute and based on the CUP general requirements criteria. Based on the concerns of the Police Department, th® opinion of the City Attorney and the survey of hours of existing commercial recreati°nal facilities, the Planning commission is recommending hours of operation from 8:00 a.m. to 1:00 a.m. seven days per week. The petitioner has addressed other issues such as curfew, loitering, littering, unsupervised youth and anticipated clientele. The petitioner has submitted additional reference letters, a strict set of 'house rules,' and has discussed this proposal at length with the Police Department. Kraus- Anderson, owner of Midland Center, submitted a letter indicating that a business of this nature would be complementary to the existing theater and serve as an additional traffic draw to the center, creating a more stable economic environment for the other tenants. The Planning Commission considered this request at their October 4th meeting and recommended approval on a 5-2 vote (1 abstention). Mayor Pro tam Enck recommended drafting a definitive plan to be included in the conditional use permit which addresses potential problems. Councilmember Otten expressed concern regarding an establishment which is open beyond 1:00 a.m. He suggested approving the conditional use permit based upon the Planning Commission's recommendations and review it after one year at which time the applicant may apply for extended hours. Councilmember Williamson suggested reviewing the operation after six months. Councilmember Wehling pointed out that this type of business attracts clientele in the 16 to 22 year old age group and may cause violations in the curfew laws. Grog KegleY and Dave Dahl were recognized. Mr. Dahl stated he and Grog are business partners requesting the conditional use permit. He no,ed the concerns addressed by the Planning Commission have been satisfied. He affirmed their commitment to operate a clean well run facility. The only issue they asked the City Council to reconsider was hours of operation. He noted financial implications if their hours of operation are limited. He presented a revised request for hours of operation as follows: 11:00 am - 1:00 a.m. Sundav through Wednesday; 11:00 a.m. - 2:00 a.m. Thursday; and 11:00 a.m. - 3:00 a.m. Friday and Saturday. Substantial discussion ensued regarding hours of operation, truancy, loitering, and enforcement of house rules. Mr. Dahl stated they will have a jukebox (no live music), convenience food (no grill), no alcohol will be allowed, a no smoking rule for persons under · age 18 will be enforced, no tobacco products will be sold, and they will monitor truancy. He stated the area will be an open space and well lit. If necessary, a cover charge may be instituted to reduce loitering. Mr. Dahl stated a limitation on hours would reduce the amount of league and tournament play offered by the establishment. New Hope City Council Page 13 October 10, i994 The Council discussed potential loitering problems in the I~arking lot and noted removal of persons should be a police issue rather than the tenant's responsibility. Councilmember Otten inquired regarding management of the business. Mr. Dahl stated Mr. Kegley would manage the property on · full-time basis. He stated during the first year one of them will be on the premises at all times. Counciimsmber Ottsn emphasized that the success of the business will depend on how well it is managed. Mr. Steve Sondrall, City Attomev, stated all conditional us~ permit applications must establish compatibility with adjacent land uses and must not adversely affect adjacent residentially zoned lend because of noise or other nuisance characteristics. The City Council'can impose any condition on approval which it considers necessary to protect the public health, safety and welfare of the City. He discussed the loitering issue and stated the City can ask for COOl, Station from the business with the police department. Without further exploration, Mr. Sondrell advised against establishing specific requirements giving the business authority to remove persons from the parking lot due to liability issues. Mayor Pro tam opened' the floor for public comment.' Ms. Theresa Roddy, 4732 Virginia Avenue North, was recognized. She commented that she believes there are many flaws in the proposed operation. She spoke against the extended hours and commented regarding the current loitering problems at Taco Bell. She indicated she was told the business cannot take any action if persons ere outside of the building end there is no disorderly conduct. Ms. Barb VanAuken, Director of Properties of Kraus-Anderson Realty Company, wes recognized. She commented regarding loitering and stated at strip malls she understands by posting the rules outside or inside of the prol~erty, the tenant can enforce them. She stated Kraus-Anderson will give the tenant the authority to make · phone call to the police department. Ms. VanAuken emphasized that the petitioners commitment to making the business successful is demonstrated by their significant financial investment. Mr. Dave Wagner, 8525 27th Place North, was recognized and spoke in favor of the billiard room. He conveyed his devotion to the sport. He indicated he currently frequents billiard rooms in Burnsville, Fridley, and Bloomington. Me. Sue Klemp introduced herself as Dave Dahl's life partner and pointed out that one to two additional hours of operation will generate approximately $25,000 in income which will go towards maintenance and could make the difference in clientele. MOTION Item 8.6 Motion was made by Councilmember Otten, seconded by Councilmember Enck to table Item 8.6 until the October 24, 1994, Council meeting for further study. Voting in favor: All. Motion carried. OTHER BUSINESS New Hope City Council Page 14 Mr. Donahue reminded the Council of the scheduled for October 12, 1994. next budget work session October 10, 1994 PLANNING CASE 94-29 Item 8.1 Chair Wehling introduced for discussion Item 8.1, Planning Case 94-29, Request for Conditional Use Permit Amendment to Allow a Commercial Recreation Facility (Billiard Room) at Midland Shopping Center, 2703 Winnetka Avenue N0rth,: Dave Dahl/Gregg Kegley/Engelsma Investment Limited Partnership, Petitioners. Mr. Donahue stated this planning case had been tabled at the October 10th Council Meeting to allow further study by the City on the hours of operation, house rules and the loitering, curfew, and truancy issues. The Police Department visited several similar establishments and prepared a report on activities of these operations. The report also addresses how the Police Department would respond to loitering, curfew, and truancy matters. Councilmember Otten stated many neighbors around Midland Shopping Center have expressed concerns regarding the hours of operation. He noted the schedule presented by the petitioners shows league and tournament play ending around midnight not early morning hours as he was previously informed. He continued by stating the Police report indicated there were few customers in the billiard establishments between the hours of midnight and 1:00 a.m. He pointed out there were a number of problems reported by police departments at some of the billiard halls and very little problems at others indicating quality managers are crucial. He questioned how the petitioners plan to monitor the exterior with only one employee present at certain times. Mr. Dave Dahl and Gregg Kegley, petitioners, were recogni.zed. Mr. Dahl stated leagues typically start around 7 or 8 p.m. and may last longer than midnight. Customers are drawn by league play then remain after leagues to play additional games. Mr. Dahl explained league play. He continued by stating a billiard center in Coon Rapids has been in operation for 25 years and the secret to a good business is the quality of the people running the establishment. He thanked city staff and the police department for the thorough report conducted in the metro area. He emphasized that they will work closely with the New Hope Police Department. He stated no one under the age of 15 will be allowed in the establishment without ~dult supervision. Regarding curfews, at midnight through a public address system, 'persons under the age of 18 will be asked to leave the premises. Mr. Dahl stressed the importance of patrolling the outside premises as well as inside premises. Next, he reviewed the house rules. Also, he noted that several police calls to Doc's Billiards are a result of an adjacent liquor establishment.' Mr. Dahl responded to questions regarding the number of employees and stated during all hours of operation either he or Greg will be present; and during peak hours there will be two to four employees. Between the hours of 7:30 a.m. and 2:20 p.m. they intend to monitor truancy and violators will be asked to leave the premises. Mr. Gregg Kegley announced his intent to operate a clean and well-run business. Chair Wehling inquired of hours of operation and targeted audiences. She also questioned the decor. 'New Hope City Council Page 2 October 24, 1994 Mr. Dahl illustrated a schedule which targeted certain groups including seniors, high school students, league/tournament play, and open play time. He presented pictures of different types of pool tables indicating they plan to purchase 19 oak trimmed tables at a cost of $4,000 each. Other features will include a patterned carpet, formica counter, wooden bench seating, and lighting above each pool table. A designer from Gabberts will assist with decorating needs. Remodeling will cost approximately $250,000 including the pool tables. Chair Wehling advised against the placement of sexually explicit wall hangings. She also questioned how the billiard facility's clientele may effect abutting businesses. She noted certain age groups can be intimidating. Mr. Dahl stated billiards will provide an alternative recreation in New Hope. He read one of the house rules: 'Respect all other people and other retailers when leaving'. Councilmember Williamson remarked that the City has on-sale liquor establishments located in New Hope which prove that good management bears successful businesses. She stated the City could have chosen to prohibit liquor businesses. Councilmember Wehling asked what recourse the City could take if the owners did not adhere to the conditions. Mr. Steve sondrall, City Attorney, stated the business's conditional use permit could be revoked by the City. The Council opened the floor for public comment. The following persons expressed concern with the proposed business: Marc Berris, 8224 28th Avenue North John Howie, 7909 28th Avenue North Blaine Shepherd, 8501 28th Avenue North Myrna Essler, 2800 Aquila Avenue North Jerry Greenstain, 8417 28th Avenue North 8emie Herman, 2740 Zealand Avenue North Stanley Haapala, 7919 28th Avenue North Denise Traut"z, 8500 28th Avenue North Issues raised included inability to enforce house rules, concern about a change in neighborhood, vandalism, late hours, type of clientele, loitering, gang and drug problems, increase in police calls, and additional neighborhood noise. Mr. Shepherd asked the police to conduct visits to billiard halls after 12:30 p.m. and also urged the Council to exercise caution when considering the planning case. Persons supporting the billiard facility included: Barb VanAuken, Director of Properties of Kraus-Anderson Realty Co. Brian Minette, Cinema 'n Drafthouse Jeff Dahl, 6125 Code Avenue South, Edina 'New Hope City Council Page 3 October 24, 1994 Ms. VanAuken clarified that she represents Engelsma Investment Limited Partnership which is the owner of Midland Shopping Center. The only financial investors in the business are the two petitioners. She pointed out that the business owners will be entering a 5-year lease which stipulates rules and regUlati~ i~lUdi"g resale of the business. She also noted the decor of the billiard room must be approved by the landlord. Mr. Brian Minette, President of Cinema 'n Drafthouse and anchor tenant of the Midland Shopping Center, was recognized. He announced that when he learned of the possibility of the billiard hall opening next door to his family-oriented business it presented social and financial cof~cerns to him as well. He reported that three years ago the community was skeptical of the movie and dinner theatre business. He indicated he has recently visited billiard rooms to learn more about the business and suggested that others do this as well. He did not witness any loitering. Chair Wehling asked Mr. Dahl to respond to the residents' concerns. Mr. Dahl stated anyone not playing billiards or not waiting for a table to open is considered to be loitering and will be asked to leave the premises. Violators of the house rules will first be given the opportunity to leave on their own and if they do not, an employee will call the Police Department. He stated the business will be an asset to the community by providing an alternative recreation. He expounded that the billiard sport is enjoyed by all types of people and is no different than other habit-forming activities such as attending a fitness center or playing ping pong. MOTION Item 8.1 A motion was made by Councilmember Otten to table Planning Case 94-29 until November 14, 1994, for the benefit of a vote by all members of the City Council since two members are absent tonight. This would also provide adequate time for the petitioner to thoroughly explain their business to the neighborhood and address neighborhood concerns. After listening to comments from the audience, he agreed that additional study by staff, police, and council may be necessary and noted the benefits of personally visiting similar establishments in other commUnities. Councilmember Williamson asked how this would effect the petitioner's time table. Mr. Dahl noted it would delay any remodeling work another two weeks. He mentioned the busiest season for billiards is October through April. He also commented that the item was tabled at the last meeting for the purpose of additional study by the Police Department which was submitted to the Council in a detailed report. Councilmember Otten stressed the importance of the business to try to "start off on the right foot" by having community support and neighborhood cooperation. The motion was seconded by Councilmember Wehling. Voting in favor: Wehling, Ottan; Voting Against: Williamson; Absent: Erickson, Enck. Motion carried. 'New Hope City Council Page 4 Councilmember Wehling suggested that Mr. Dahl and Mr. Kegley schedule a neighborhood meeting. October 24, 1994 Partnership, Petitioners. Mayor Erickson informed the audience that this afternoon the petitioner submitted a letter withdrawing application for the conditional use permit. He thanked the residents for their concerns expressed through letters and telephone calls. Members of the Council extended gratitude to residents for their active role. Mr. Bernie Herman, 2740 Zealand Avenue North, inquired whether the petitioner would be alloWed to resubmit an application in the future. Mr. Steve McCuskey, 8509 28th Avenue North,. asked whether additional steps would be required for a business to make this type of request to the City. Mr. Donahue stated the City has a six-month waiting period between second applications. The Council directed staff to .review the current ordinance and determine whether a language amendment is in order. Staff was also asked to review the 350' radius notification recluirement. Councilmember Otten noted this should be expanded when the planning case affects a greater population. MOTION Item 8.1 Motion was made by Councilmember Otten, seconded by Commissioner Wehling, to accept the petitioner's request to withdraw application for conditional use permit. Voting infavor: All. Motion carried. PLANNING CASE 94-16 Item 8.2 Mayor Erickson introduced for discussion Item 8.2, Planning Case 94-16/Ordinance No. 94-15, an Ordinance Amending the Special Requirements for All Limited Industrial Uses by Repealing the Prohibition Against Employee Parking in Front of Em/tad Industri/al Buildings. / is a request by the City of New Hope for co,r~ideration of a Zoning Amendment amending regulations off-street parking Code uses, parking states that of employees.' prohibition I-1 Zoning District lots of buildings code amendment Districts in the City. in the I-1, Limited Industrial, i/ns a number of special lot coverage, green area, etc. The existing lot in front of proposed would all District. The New Hope for all Umited Industrial lots, employee parking, uirement for employee parking ,g shall be used by vehicles eliminates/repeals the in front of industrial buildings in the employee parking in front yard parking Industrial I-1 Zoning District. This in all I-1, Limited Industrial, Zoning City staff has been di,, & Standards and months after a current prohibitio,;; Zoning District~fas produced in enforceme0Z'of the standard. The has not been stringently enforced developments that include some front Corporation, Englund Graphics, J.R. Jones, Laboratories. All of these developments hav; code text amendment with the Codes Consultant for the last several industrial properties in the City. The in front of buildings in the I-1 both in terms of facility need and irement is difficult to enforce and e past several years. Recent parking include Navarre rsa Die Cast and Paddock a significant · New HoPe City Council Page 3 November 14, 1994 On Cue SUMBITTED AT OCTOBER 10TH COUNCIL MEETING Summary and Revised Owners Plan To: Mayor and City Council Members: Main concerns of Planhing Commission. Owner / Kraus-Anderson: Mall 1.To re-evaluate parking lot lighting. 2. To evaluate the assortment of'trash dumpsters. 3. To complete automatic fn'e sprinkler system in mall. Business Room Operators: 1. Keeping young adults from loitering, breaking curfews, truancies, and in general creating a hang out. 2. Hours of Operation.( ff not for the young adult issues stated above, I don't believe the hours of operation would be of concern ) A City Planner recommended allowing the later hours, but the concern of loitering/hangout by young adults was raised. Steps we intend to put into effect to curtail any possible concerns of this Billiard Room being a young adult hang out. 1. We intend to handle truancy during High School Hours (Copper and Armstrong High School hours 7:30-2:20) not only in our establishment but also in the parking area. By checking with any customer during school hours that appears to be of school age for a class schedule or ID. If it can not be produced, we will ask them to leave the premises including the parking lot. If problem is. not resolved call and report to the police department. 2. No one under the age of 15 can be in our establishment without the supervision of an adult. Constant checking throughout business hours. 3. At' 12:00 AM announce on the public address system, on behalf of the City of New Hope and On Cue Billiards, any one under the age of 18 must leave the premises including the parking lot area. We will have a parking lot check between 12:00-12:30 every evening. If we mn into problems, we will call and report it to the proper authorities. We have been given permission by the owner of the mall to enforce parking lot concerns. 4. We are willing to try to enforce a no smoking rule by anyone under the age 18. ffwe encounter someone under age smoking we will ask them to extinguish it or leave the premises (including the parking area). We are installing new state of the art HVAC / ventilation system. 5. We will be implementing a cover charge during our busiest times to deter young adults from hanging out. 6. See complete list of House Rules. Will be displayed on premises. 7. Why is it necessary to have later hours? We need the flexibility to serve our adult clientele if the demand is there. On a Friday or Saturday night we could have 40 clients that would continue playing billiards. The revenue created will enhance are total business, ( approximately $25,000 yearly). That profit is necessary for us to become a successful business. This is a financial business decision. 8. After a 6 month period of operation we request the City to consider an extension of our hours. HOUSE RULES No smoking by anyone under 18 years of age. No loitering on premises or parking lot. All persons under 15 years of'age must leave the premises by 10:00 pm. All persons under 18 years of age must leave the premises by 12:00 am. No swearing or loud abusive language. No setting drinks on pool tables. No setting cigarettes on pool tables ( use ash trays ). No alcohol or drugs allowed on premises. No sitting on pool tables. All children under 15 years of age must be accompanied by an adult. No jump or masse shots. No outside food or beverages allowed. No ~roup colors or apparel. Must have shirts and shoes on for service. No d~structive behavior. Please be curmmm ~o all other players. Please use trash receptacles. Please respect all other people and other retailers when leaving. BILLIARD ROOM HOURS l. Crown Billiards / Bloomin~on 884-5117 2. Shooters Billiards / Bumsville 894-1100 3. Doc's Billiards / Spring Lake Park 780-9944 4. T.C. Billiards / Maplewood 482-8658 5. University Billiards / Fridley 574-1399 6..C.R. Billiards / Coon RaPids 780-1585 7. Club Billiards / Coon Rapids 757-7150 8. Rack - Em Up / Oakdale 735-8224 9. Express Deli Billiards / Oakdale 735-9223 I O. Fat Boy's 789-9750 11. Paddle'& pool / Columbia Heights 781-9002 12. Biffs Billiards / Spring Lake Park 784-9446 12:00 pm - 4:00 am Sun.-Sat. 12:00 pm - 4:00 am Sun.-Sat. 12:00 pm - 2:00 am Sun.-Thurs. 12:00 pm - 4:00 am Fri.-Sat. I 1:00 am - 3:00 am Sun.-Thurs. 11:00 am - 4:00 am Fri.-Sat. 12:00 pm - 6:00 am Sun.-Sat. 12:00 pm - 6:00 am Sun.-Sat. 12:00 pm - 1:00 am Mon.-Thurs. 12:00 pm - 2:00 am Fri.-Sat 12:00 pm - 12:00am Sun. 3:00 pm - 3:00 am Mon.-Fri. 12:00 pm - 3:00 am Sat.-Sun They can stay open later by choice 9:00 am - 2:00 am Fri.-Sat. They can stay open later by choice 11:00 nm. 4:00 am Sun.-Sat. 11:00 am - 4:00 am Sun.-Sat. ll:00am- l:00am Sun.-Sat. They have a full bar. (liquor) Our Revised Proposal 1. Hours of Operation: Sunday - Wednesday 8:00 AM - 1:00 AM Thursday 8:00 AM- 2:00 AM Friday - Saturday 8:00 AM - 3:00 AM 2. Obtain appropriate business license from City Clerk with Approval by City Council. 3. Annual review by City Staff. ( Who is City Staff ? ) 4. No si~tmificant incidence of Police Department calls to the business or Midland Center. 5. All signs to comply with Midland Center Comprehensive Sign Plan. US-AND REALTY COMPANY Development. Lea~mg Maruigemen~ O¢=ober 10, 1994 Mr. Kirk McDonald Management Assistant/Community Develop~en~ Coordinator CITY OPN~WHOPE 4401 Xylon Ave. No. New Hope, MN SS428 Dear Mr. McDonald: Th~s le~er will confirm our commitment to work with ~he city s~aff to address the following a) To re-ev&lu&~e park/hq lot lighting for potential future b) Rfmove current. ~ash d~~r sc~~ ~d s~t pl~ for replace~ c) ~ co~le~ au~ic fire s~ler syst~ in ~ldlng If addition&l infom=ion is needed, please feel f~ee ~o contac~ Cordially, 523 South Eighth Street * Minneapolis. MN 55404-1078 · 612/352-1241 · FAX 612/332-8940 .) ~ I L..J L__J L_ _ _.~ r-~ l--] r-1 I L _J L _J L_J L_J ~ ! ! ~ Il I I ~ I L--__J L___J I I I I I__.1 I I I I I I L_- I I_____l I /__Ii I I.._ _ _J 9,22, 94 Dear City of New' Hope Planning Commission, The following is our response to you concerns at the informal Design - Review meeting on 9/15/94: 1. The outside trash containers would be located on the sidewalk in the front of the building and the dumpster would be enclosed in the back of the building. Both are indicated on the new set of plans. We have also spoken to Kraus-Anderson regarding new enclosures for the dumpsters in the rear of the building. 2. Regarding controls during school hours and after curfews, we spoke to Ma'. Kastanos, your Chief of Police, and have come up with the following: At I0:00 p.m. and at 12:00 a.m. a curfew notice will be announced over our public address system, informing, on the behalf of On Cue Billiards and the City of New Hope, anyone under the required ages must leave the premises. Identifications checks will be made of anyone who doesn't appear to meet the required ages. During truancy hours, we would also ask anyone under the age of 18 years to produce a school schedule showing they are in fact not truant. 3. What about unsupervised youth? We have included in our House Rules that any one under the age of 15 must be accompanied by an adult. 4. Will loitering outside occur? After our conversation with Mr. Kastanos, we also consulted Kraus-Anderson regarding this issue. They, as owners of the Midland Shopping Center, have given us permission to control loitering on their behalf in the parking lot. We plan to have a 'constant check of our parkin$ lot throughout business hours. 5. What customers would need late night hours? Through the House Rules and New Hope City curfew law, we have eliminat~ all youths under 18 years of age. We are now concentrating on an adult crowd. We have found most customers who take advantage of the later night hours are serious billiard phye~ that don't want as many distractions. There are also people who work 2nd and 3rd shifts and their hours of work / sleeping don't fall into the norm. Collese student's hours vary and this sport offers them an alternative. 6. We have also revised our initial request from a 24 hours operation to 11:00 a.m. to 4:00 a.m. Please review the attached summary of other Billiard Room hours. Considering the summary of competing Billiard room hours, we are requesting the "normal~ hours of operation. After consideration of this information, please contact us if we can answer any further questions. FORWARD I I I I I I I I I i I I I I Of all sports and leisure activities, Billiards haS one of the brightest futures. It can be played as a g.ame of sport, allowing easy access to both fun and serious customers. As the population grows older their will be subtle shift from the more strenuous sports toward non-contact, no perspiration sports. The trend of women becoming more involved in sports and entertainment perfectly matches the sport. It's one of the few where physical size and strength are unimportant. With proper instruction and promotion, most people find pool becomes an obsession. It is, quite simply, a wonderful sport, game and business. i I I i I I I I I I I i I I I F I 1 WHAT IS A BILLIARD ROOM? A place x~here people of all ages can come and enjoy' billiards and improve their skills. A clean, safe environment where people will want to spend their entertainment dollars. A place where the younger generation can have fun with their friends and not be on the street or loitering. Males and females can compete on an equal level. Physical size doesn't determine the level of skill.. A place where other New Hope merchants consider you an asset to the enhancement of their business. ! I t I I I I I I I I I I WI-L&T SERVICES WILL BE OFFERED? Even though most of the business income will be generated through the rental of pool tables ~ve ~vill also offer additional support services that will enhance the Billiard room: 1. Retail: Customers will be able to purchase billiard accessories, cues. shirts, caps, jackets, sweat shirts, etc. 2. Pro Shop: Customers will bring their cues to have them Cleaned, re-tipped and repaired. A clothing service will enable us to go to a customer's home and recloth their pool table. 3. Food: Pizza (frozen), chips, pretzels, candy bars, fruit juices, and soda. 4. Video: Dart machines, video games, andjuke box, will offer an alternative sport to our customers and entertain them'while waiting for a table to become available. GENERAL QUESTIONS AND ANSWERS. %'ho will be our customers and where will they come from? I I Statistics show that about 80% of our clientele will be within 5 miles of our location. Approximately 60 °'0 will l~e married. 69% will be over 35 years of age. The largest age group is between 36-49 equaling about 42%. Females make up about 30% of billiard players. t I I I i What will be the approximate capacity during any one time? There will be approximately 30 tables with an average of two at a table and up to l0 waiting. How will this business contribute to the community? It will offer a clean safe alternative type of entertainment. It will give our younger generation an activity off the street. Provide seniors a new option for recreation. Bring in new clientele for other surrounding businesses. Offer new employment opportunities ( three full time employees and 5 pan time employees). I i I What will the hours of operation be? A 24 hour a day operation will allow us to service all clientele's needs: Work schedules High school and college hours Family schedules League play Tournament play How would you consider handling truancy concerns and paring lot loitering. The clientele w~ am after are not the social problems of our society. In fag, it is just the opposite. In order to be successfifl, we must immediately establish what our guidelines will be. During school hours, .ther~ will be a constant identification check of customers to comply with truancy concerns and local cuff~. A constant patrol of the parking lot by a manager to prevent loitering. tl II II II II II II II II ! I II II II II II LEAGUES/T-OURN AMENTS TOURNAMENTS Realizing the advantages of established competitive play, 75.4% of the rooms surveyed hold tournaments in their billiard room. 70.0% of the rooms that hold tournaments use a handicapping system. LEAGUES 63.3% of the survey group have local leagues that play in their room. The average billiard room designates 2.2 nights per week for league play. On average, a local league haa 71.3 individual players among its mnkz. · Of those that specified, 57.9% are in-house leagues and 39.4% are traveling leagues. · 53% of those surveyed reported using some type of league system using one or more of the following types of league systems; BCA, Busch, Valley, USPPA or NPBA. · Of tho~ proprietors reporting leagues, 39% held nine-ball tournaments exclusively and 7% held eight-ball tournaments exclusively. In the same group, 50~ reported holding tournaments in both games. · Six reported participation in the Junior Tourney. Bifliaed Coat,mm off Amesiga,* 1700 S.l~ Aveaua * Iowa CiW ,* Iowa This is a Neighborhood Concern - PLEASE READ! An Oct°bero19-'n "Sun Post" article alerted us to a proposed business, Cue Billiards," in Midland Shopping Center that we have questions and concerns about. You may too, and if you have not read the article, we encourage you to do so. This matter has moved along quite rapidly through the planning commission and council, and a resolution is on the docket for the council to give final approval this coming Monday night at the New Hope council meeting. We are concerned that the citizens in the surrounding area have not had enough notification and enough time to react to this proposal. The council is on the verge of making what could be a very rapid decision, with a possible negative long-term impact on our neighborhood. Please read the attached excerpts and provide your support at the council meeting: Monday, October 24, 1994 New Hope City Hall 4401 Xylon Avenue North 7:00 p.m. This matter is the first agenda item to be discussed, so please be on time. The prospective owners originally requested being open 24 hours, and still desire to be open until 2:00, 3:00 or even 4:00 If you have questions, we would be glad to discuss this with you. Please call us at 545-0065. But, most of all, if you share our concern that .this issue is an important one' PLEASE come to the Monday meeting. Blaine and Jacquie ShePherd 8501 28th Avenue North Attachment to October 24, 1994, council Letter Regarding planning Case No. 94-29, "On Cue Billiards" Concerns with ro osal and related rocedural issues: · Nature of business could attract persons of undesirable character, drugs and crime - New Hope is close to "inner ring" and would be vulnerable come a hang-out for kids, both from immediate neighborhood and outsiders - effective · Could be ..... ~.~ ~i~v a ditiicutt task monitoling outslu~ u ,~ ...... · · Desired later "early morning" closing (2:00, 3:00 or even 4:00 a.m.) is incompatible and would set a dangerous precedent - 1:00 a.m. in resolution must not be compromised · Notification of property owners within 350 foot radius meets legal requirement, but is inappropriate tot this purpose and ignores larger affected area · Condition regarding mOnitoring of police calls is flawed - misses surrounding neighbo~oods · earch of similar facilities may have missed late evening (and early morning) hours which Res ...... ,~:t nroblematic probably nave Deu~ ,,,,~-- t- · Serious issue for councilmembers not to researCh first-hand Excer ts from research olice re orts and interviews: olice calls in the immediate area , hi h incidence of (P ) OhS attracted to the , . .... '"-.-va' reported a ..g. .... .4 -oise related to pers '. Briame s in .MaP~e._~,.~..~,~,,A' v~ndalism, tittenng t~,u ,,.-- whiCh were relateo tu u,,.,,,,,~,, -- area by the billiard hall" · The Cotton Club in Plymouth: '...a targa number of calls to the immediate vicinity...police believed were related to persons attracted to the area by the club." I who were known to local poi!ce ct a number of peop e · veniles, parties · - ...... :--med to attra ..... ,-..-,,.-nted by runaway lu · nnameo in L;rystat..L;o,~'~'~, ,,ntn~/fU activittes...,o'4-" deUpartments because o7 ~H:,- ......... I selling stolen property and parties selling drugs." · · · ni tnt close: ....problems seemed ..... · · an ordinance requmn_g_a_~mi,d,~flgm the billiard halis...frequent in St. Paul until passing closing hours · Generally- . le leaving bars at · · area. noise, Ioitenng, · to be associ.at._ed~ ~_P _eo~?~ ,,a .runS ~(3hts, drinking ,n the problems re,area to me aaa= ,,. -- = .... · articular billiard hall seems to .... ,,,~,~ice~ mentioned that th_is__P , ~,,,,o noticed 'a signili ~ca_,n_t · · 8'45 m.! .... ~,'-" · n occaslon~ ..~ ,'~-" op~ · Ltl' illmrd in St Paul ( · P. ia street gangs...o .... '~,,~o,,~ hall with young pe I B ~.nted OV members of ~ .=n~=,.,=tu in ~e area arouna m~ u,,,,,=,, .. ~l'e u ..... ~u~-- ......... . ' be q · · n on m= · amount Of in cars and ,ul,ng away. loitering, ~mng a.u u. ....=" · · sts for service inciudin, g loitering, · · ark' -...quite a b. it of poJ~_.ce~r.e~l.~u~e= oma stolen veh~cles...and ~,~..,o mm~rds in Spnng Lake?. ,_,"_ .... ,--rat warrant ~t,,=o,.,, s juvenile uu,~,, ---- related caJls.' miscellaneous o~er theft - ' I ' ' a lot of calls...inciude fights, thefts, buying and selling of stolen · Hniversity Billiards. in F~dl~e._y~. p~perty, and distumance ~Y~ "~ eli Billiards in Oakdale:.'Rack 'E.m up has given Oakdale the .m.ost~ and ExpreSs. D~,__;_. -rh=v have hacl assaults, curlew violations, gang retateo pro,lams, and ~"o~:;asional drive-DY Note: Excerpts taken from 9/27 and 10/13 Oberreuter memorandums, and 10/18 NogensOn memorandum October 24, 1994 City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Planning Case No. 94-29, "On Cue Billiards" Dear Councilmembers: My wife and I have been residents of New Hope for over 20 years, the last 16 at our current address of 8501 28th Avenue North, about a block down Zealand Avenue from Councilmember Otten. I appreciate the opportunity as a long-time resident of the city to comment on this issue. I am also grateful for the time taken by Councilmembers Otten, Wehling, and Williamson to talk with me in the last few days and allow me to share some of our concerns. Last week we read the front page article in the current week's "Post" (October 19) issue) describing the proposal for a billiard center in Midland Shopping Center, and were apprised for the first time of this development. Our natural initial reaction in~:iuded unfavorable images of what a "pool hall" might mean to Midland and, just as important, our neighborhood. A second reaction was concern over how quickly the process seemed to be moving along, leading up to this meeting tonight. In our view, the matter seems to be getting rushed along and we are concerned that too fast a decision in this particular case would not be responsible. Since Wednesday night we have followed up with some calls and a visit to city hall where we obtained copies of some of the materials related to this issue, including documentation of some of the research which has been done in the last couple of weeks. Upon review of the materials, and after giving the matter further thought, our initial concerns have not been lessened. We are here because of that fact, and have invited some of our equally concerned neighbors to be present as well. Our thoughts and concerns are outlined on the attached page. We urge the council to act very cautiously and thoughtfully in this matter. The conversations I had with councilmembers indicated.to me that many of these concerns are shared by them. We believe that approval of this proposal tonight is premature at best, and would respectfully ask that you reject this resolution or any modification which would liberalize the conditions listed, especially an extension of the 1:00 a.m. closing. We too are interested in the viability of Midland Shopping Center, but believe that this particular establishment may not be the proper choice. Respectfully, Blaine and Jacquie Shepherd 8516 28th Ave. Nov 2, 199~ Daniel Donahue, City ~a~ager ~O1 Xylon Avenue North Ne~ Hope, ~ 5~28 Dea~ Mr. Donahue~ The purpose of this letter is to express ou~ feelings concerning the proposed establishment of a billiard and pool hall at ~dland Shopping Center, New Hope. We are opposed to the proposal, even on a limited hour basis. We have lived in New Hope since September, 1967. We a~e proud of our residence located at 8516 28th Ave. N. (within ~alking distance of Hidland). When we retired several yea~s ~go, we had to m~e a decision as to where we would like to reside. We decided to sta~ in ou~ present home. We have always felt that the New Hope City Government has been run e~ficiently and that property taxes have been held within reason. We a~e pleased that our neighborhoo~ has a mixture of senior citizens, like ourselves, ami young people with children in ~l~ age groups. We ax~ concerned that a pool hall in our community could cause some undesireable changes. At a recent meeting of our .neighbors, some of the senior citizens recalled their teen-age, high school days when the pool hall was a center of recreation and fun. It was accepted that older t~trons would dxink beer, chew tobacco, and spit into bra~s spitoems. But we could not recall any problems, the pool halls were well run, and most parents had no objections to their teen-agers being on the premises. But unfortunately, as everyone knows, times have changed. Some of our neighbors have checked into billtsmd halls located in various comunities in the ~ein Cities are~. Police reports and interviews turned up ~any problems with the sale and use of drugs, fighting, Juvenile curfew violations, buying and selling of stolen property, a~d occasional dxive by shootings. We strongly feel that a business that poses a magnet for these highly undeaireable activities should not be allowed in our neighborhood. We respectfully ~equest that you do not let this happen. Sincerely, g - . MARC AND Jtrt. rt; BERRIS 8224 28271 AVENtJE NORTH NEW HOPE, MINNESOTA 55427-2608 612/797-9916 October 25, 1994 Members of the City Counsel City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Planning Case 94-29, On Cue Billiards Dear Counsel Members: As you can tell from our address, we are residents of the City of New Hope who reside in the neighborhood immediately adjacent to the Midland Shopping Center. We recently became aware of the petition for a conditional use permit to allow a billiard hall in Midland, and we attended the October 24th City Counsel meeting to determine whether the concerns we had about this proposed business in the neighborhood were warranted. We now believe that they were, and we would like to take this opportunity to explain why. Our primary concern is that the very nature of the business will attract disorder. This allegation is not without support. The reports prepared by police sergeant Art Hoganson, who unfortunately was not in attendance last night, clearly indicate that similar establishments have, at the very least, produced an increase in the number of police calls for service to the vicinity of the businesses. There was only one establishment of the approximately twelve that were surveyed which appears to be operating without significant disturbance to the surrOunding neighborhood. It is therefore statistically unreasonable to merely assume that this proposed business will not create a disturbance to the neighborhood. While Counselmember Williamson stated at the counsel meeting that she is willing to take the risk that the petitioners will operate their business re~pons~iy, we are not. We believe that the petitioner's presentation last evening disi~layed a complete lack of forethought about addressing any neighborhood proble .ms created by their operation. Please remember, the burden is on the petitioners to prove that they are deserv!ng of a permit, not on the citizens to prove that they are not. During the City CounSel meeting the petitioners spoke at great length about their house rules and how these rules will insure lawfulness. These rules, however, were merely a recitation of Minnesota Statutes (e.g., no smoking by persons under 18 years of age) and self-serving policies to maintain the condition of their property (e.g., no placing drinks on pool tables). Our Members of the City Counsel October 25, 1.994 Page 2 concern, one which we addressed to the petitioners at the counsel meeting but which was not responded to, is how they propose to enforce these rules. We all heard about the reactive steps they will take, such as calling the police, but our concern is instead with what proactive steps they will take. The cliche that 'an ounce of prevention is worth a pound of cure' certainly applies to these circumstances, and we are seriously troubled that the petitioners have apparently not given greater thought to the 'prevention' aspect of their operation. Additionally, the arguments of Barbara Van Auken, Kraus-Anderson's director of properties, do nothing to alleviate our concerns. She firmly stated that if the petitioners do not conduct their business appropriately, Kraus-Anderson would revoke their lease immediately. The trouble with this assurance is that if the petitioners are successful from a purely economic standpoint, Kraus-Anderson will certainly not revoke the lease of a rent-paying tenant when they have experienced such difficulty in leasing the space to begin with. Kraus-Anderson's priority is generating income, whereas our priority, and the priority of our neighbors, is to ensure a safe neighborhood for our families and maximum stability in property values. Granting On Cue Billiards a conditional use permit is in direct contravention with these priorities. Quite frankly, we don't want such a business in our neighborhood under any circumstances. We do not believe that such a business will provide any benefit to the city, and very clearly we are not alone. We are, however, realistic about the petition. Given the tone of last evening's meeting we unfortunately believe that the petitioner's application will be granted by the counsel, and that this business will soon join our neighborhood. We simply hope that this counsel will take ali possible steps towards insuring that the petitioners give more forethought as to how they will prevent problems before they exist, not how they will address problems as they occur. The future of our city depends on it, and we can only hope that the issuance of a conditional use permit to these individuals does as well. We would certainly welcome your comments. Very~truly youm~ MARC S. BE ./ November 07, 1994 Dear Council Members and Mayor, I am writing in regard to the proposed pool hall at Midland Center. I have lived in New Hope for 21 years and have always been pleased with the constructive regulations and rules that have been enforced in the community. It has been a nice place to live, but I don't think that a pool hall would bring anything constructive to New Hope; only problems. It would attract undesirable people from outside the area, loitering, higher crime, drugs, etc. I am opposed to having a pool hall in our community under any circumstance. Why would we invite problems when there are-so many better things to offer our citizens. Please vote NO on this issue. Thank you. Yours truly, L~.~_. Marlene Nelson 8409 34th Ave No New Hope MN 55427 November 7, 1994 Mr. Edward Erickson 8216 49th Ave. N New Hope, Mn 55428 Dear Mr. Erickson, We are writing in regards to the proposed pool hall at Midland Center. We are residents of New Hope and have lived at 8217 29th Ave for 17 years. We have a 17yr son and a 19yr old daughter. We are opposed to this proposal due to the high risk of increased crime and also the late hours the company desires to be open. Thank~you for your help. Sincerely, ~ Tom & Jan ,~en Karen M. Borowiak 8408 29th Avenue North ,,,_,,% New Hope. Minnesota 55427 612-546-2170 -'~4 Ave. N ~4~ 28th · New Hooe, MN 55427 November 3, !994 Mr. Edward Erickson 8326 49th Ave. N. New HoVe, MN 55428 Re: Proposed Billiard Hal! at Midland Shopping Center Dear Mayor Erickson: As ~went,./-year residents o~ the aOove address we hav~ considered New Hope a responsible community -- one in which we have been proud tn_ iiv~- and one in whsch we~ve ~elt sa~e and ~ecure. it has been ~ur plan to retire ~ere, but the recent ~rQp~ed ~i!liard ha~i in ~lioland ShOpping Center has caused Qur cQncerm. the ~amil~-~riend~y neighborhood shops and stores, but . ' other ~u~ine~sem we would like to =me them replace,] by oriemte~ to ~amiiies in the area. As the result o~ attending the most recent New Hope Council meetimo at which the proposed billiard hall was - a mumoer o~ discu~sed~ it i- now our-~ear t~at undesirable situations could arise in Midland. We are concerned that the proposed billiard hall might: . attract into our neighDorhooO, undesiraole per~ons ~rom nearby high crime ar~as, greatly increasing problems ~rom drug~ gamDling, unauthorized use o~ alcohol, violence, break-ins, the~%, rowdyism, vandal ism~ etc. . attract ~roups o~ individuals t~ hamg-out or in %he parkin~ iots~ making ~t unc~m~ta~ie or difficult ~o~ potentiai sh~ppers to enter businesses. (A loss ~ income to these existing businesses~ could cause mo~e ~ them to leave Midland). . be una~i~ %o maintain c~ntrol should disputes a~ise amon~ patrons~ either inside the ~iiiiar~ hail o~ outside in the pa~kin9 iot. (The N~v. 2 issue o~ %he Sun.F~st indicated 29 pool tables are proposed~ but according to prospective owner~ Dave Dahi~ at the last Council Meeting, only one o~ne~ and~ one o~ two employees ~ould be p~esent at any given time). page 2 cause a nuisance or endangerment to shoppers, ~as~-=ersby, neighbors i~ problems arise which cannot be ~andi~d by o.~ers. · place an undue burden on the small New Hope police ~orce, hampering their- provision of a~equaze protection to other residenzs and areas o~ New Hope. (Research o~ other billiard halls has shown an increase o-~ police calls to those areas). · precipitate a decline in property values area homeowners, causing sel!-o~ of residences and moving out ~ New Hope by responsible citizens. This could snowball into a spiraling ~ax loss to New Hope. in conclusion., we are opposed to any billiard hall in Midland Shopping Cen%er, and respect.~ully request that ye,_,, decline a permit For any such business. 5in,nerely, ~, .') --' ~/John ;'.~ Daig~-.~rd ' NoVember 5, 1994 Mayor Edward Erickson 821 6 49th Avenue North New Hope, MN 55428 Dear Mayor Erickson, I am writing to you in regard to the proposed pool hall at Midland Center. I have been a resident in New Hope for over 15 years and I am very concerned about the potential problems that this pool hall could cause for our community. As a parent of two boys age 16 and 13, I see the problems that our community has at the schools with guns, drugs, and fights. I DO NOT want to see additional problems in our area by inviting problems that a pool hall brings~ I have read the information supplied to me by the police department that lists the problems that other communities have had and know that this is not why I moved to New Hope. I am proud of our area and want to keep it safe for my family. I ask that you review the police reports again and vote against a pool hall going into Midland Shopping Center Under any conditions. Thank you in advance for the vote of NO pool hall. Sincerely, Randy Kaminsky 8517-28th Avenue North New Hope, MN 55427 546-9687 October 25, 1994 City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Planning Case No. 94-29, On Cue Billiards Dear Councilmembers: I am a home owner on 28th Avenue North. This letter is in regard to On Cue Billiards, the business establishment proposed to enter Midland Shopping Center just north of the Cinema 'N' Drafthouse. I, as well as many of my neighbors, attended the council meeting on Monday, October 24, 1994. If my concerns were not elevated before this meeting, they were certainly heightened after the meeting. I have four major points I would like you to consider. They are as follows: Number one, it is obvious the council has not spent enough time investigating this issue confronting New Hope. This incoming billiard hall does not just affect 28th Avenue North and the surrounding area, but as Sgt. Hogenson of the New Hope Police Department indicated, it affects all of New Hope. The following are some suggestions as to areas that need further investigation. A. Councilmembers need to visit billiard halls in the surrounding Minneapolis area at all different hours in order to determine what type of people and activity these businesses attract. B. Councilmembers need to investigate the businesses and neighborhoods surrounding these billiard halls to determine what, if any, problems they have encountered as a result of these halls opening in their area. C. Finally, let's compare apples to apples. Are most of these existing' billiard halls in residential areas? If so, are they in malls or are they in stand-alone buildings? Number two, frankly, the apparent naivety of Dave Dahl and Gregg Kegley worries me. They seem to have no idea as to what kind of activity they may be attracting or how to handle this activity if, and when, it does occur. The activity I am referring to includes loitering, vandalism, fights, gambling, selling of drugs, curfew violations, and gang related problems. This type of activity is almost certain to take place as is indicated by the police report Sgt. Hogenson compiled for your committee at your own request. Are we to ignore the facts presented in his report? Dave Dahl and his partner dismissed these facts rather quickly, arguing on the behalf of their outstanding character and the type of business they intend to run. I'm afraid you can't dismiss these facts so quickly. It seems as though no matter who is running the billiard halls that were investigated in the police report, they all have had many problems. Only one police department reported no apparent increase in police calls and related problems as a result of the billiard hall. All the other police departments have had calls on the type of activity I listed above from the billiard halls in their area. Dave Dahl and Gregg Kegley laid out house rules, but when asked specifically by councilmember Terri Wehling how they were going to enforce the rule of "no group colors or apparel" they had absolutely no answer. This was also the case with the "curfew" house rule. This, to me, seems the most obvious, but again Dave and his partner don't seem to have a clear idea as to how they intend to enforce this rule. As a junior high and high school teacher it has not always been my experience to get immediate compliance with young adolescents. Dave and his partner seem to think that by simply asking all persons under 15~years of age to leave the parking lot by 10:00 p.m., and then asking all persons under 18 to leave the parking lot by 12:00 a.m., over a loudspeaker, will result in total compliance. If not, then an employee Will check the parking lot and ask them to leave. I can see problems with this mode of enforcement. Even if the adolescents do leave, what's to keep them from coming back 15 minutes later, after they circle the surrounding neighborhoods? How often are the employees required to check the parking lot? The police department has already indicated to me in a phone call on October 24 that they do not have the time or personnel to monitor Midland's parking lot. Nor do I expect them to monitor the lot. Dave Dahl and Gregg Kegley seem unable to put together a viable business plan. I therefore, question their ability to run a smooth and successful business. Number three, I do not see how .the billiard hall can in any way, shape, or form bring positive business to the current business establishments in Midland. How many of these current establishments do business from 11:00 p.m.- 4:00 a.m., the peak business hours for the billiard hall as indicated by Dave and Jeff? can, however, envision On Cue Billiards having a very detrimental affect on the current businesses in Midland. For example, Snyder Drug has many senior citizens as customers. Will they be threatened by the existence of this billiard hall? Cinema 'N' Drafthouse is a family oriented §usiness, but I personally will not frequent their movies with my children if this billiard hall goes into the shopping mall. :. Number four, if, after further investigation of this serious issue facing New Hope, the city council passes this proposition of On Cue Billiards entering Midland Shopping Center, I sincerely hope the councilmembers will not be annoyed by calls from myself and possibly many of my neighbors when problems arise during the day and night. If you put New Hope'into this situation you should be prepared to handle the calls of the citizens you represent. You are, after all, the voice of the people. According to my records from the . October 24 council meeting, there was only one voice (that of Dave Dahl's brother who resides in Edina) in favor of the billiard hall. All the other people present that night were opposed to the billiard hall. In summary, I think all of us are in agreement that we are very concerned about the welfare of Midland Shopping Center and would love to see it full of thriving businesses again. Please, let's not make the terrible mistake of putting in a questionable business in the desperate hopes that this will revive the distressed mall. This is not the answer. I am not willing to take on this gamble-the stakes are too high. I sincerely hope you will give this matter your utmost attention. Denise S. Trautz 8500 28th Avenue NOrth New Hope, MN 55427 Bernard M. Borowiak 8408 29t1~ Avenue North New Hope, Minnesota 55427 6t2-546-2170 Pamela Muelhbauer 8400 28th Avenue North New Hope, MN 55427 546-4971 November 2, i994 Edward Erlckson 8216 49th Avenue North New Hope, MN 55428 Dear Mr. Erickson: As a homeowner on 28th Avenue, I am very concerned about the possibility of a billiard center operating in the Midland Shopping Center. Having been a resident of this neighborhood for the past fifteen years, I am saddened to see family oriented businesses such as grocery and hardware' stores being replaced by businesses that provide entertainment that may not be in the best interests of our community. "On Cue Billiards" proponents may declare their intention is to establish a pool hall that families can use, but if one looks at similar establishments that are already in operation in the metropolitan are, it's evident from police reports that no matter what the intention is of the owners, pool halls attract a segment of society that is not concerned with respecting neighborhood communities. Should a pool hall open in Midland, the residents of this area will need to worry about an increase in vandalism, littering, loitering, curfew violations and excessive late night traffic. Should one of the numerous gangs in the Twin Cities decide to make this particular pool hall a gathering place, we' will also open the door to more serious criminal problems. we moved to New Hope because we believed it was a quiet, safe place to raise our children. Property values remain high because of the city's reputation. Bring in a pool hall--with or without liquor--and any real estate agent will tell yo~ property values will decline at the first sign of trouble. Do we want to risk the safety of our children and the value of our properties to fill space in a distressed mall? I think not and I hope you agree. I urge you to vote a~ainst the proposition at the next council meeting. Sincerely yours, November 2,1994 New Hope MN. Mayor Erickson, I am writing to ask you to vote no to having a pool hall in Midland Shopping Center. I live at 8101 -29 Th.Avenue North about two blocks from proposed pool hall and I object to this type of business in our neighborhood. Most residents in New Hope bought their homes here because of our school district, Iow crime rate,parks and good government. A pool hall will draw undesireable people to our neighborhood and this will effect my property value. I have been in the real estate sales for over twenty years and am presently a residential licensed real estate appriser so I know what effects property values. I urge you to vote no for a pool hall license. Yours truly. Richard & Lorraine Nordby "NEW, ADDITIONAL INFORMATION SUBMITTED BY POLICE DEPARTMENT FOR NOVEMBER 14TH COUNCIL MEETING." CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: November 9, 1994 Chief Kastanos Inspector Oberreuter Late Night Survey of Metropolitan Area Billiard Halls In order to determine the type and level of activity at metropolitan area billiard halls, it was decided to make a late night/early morning check of all of the metropolitan area billiard halls listed in the yellow pages of the Minneapolis/St. Paul phone book. Al's Billiards, 1319 Larpenteur Avenue West, Roseville: As mentioned in the October 13, 1994, report, this is a relatively small billiard hall in an indep, endenfly standing, two-story building located on a main street on the edge of a retail area. Visited Al's at 12:15 a.m. on the morning of Friday, November 4, 1994. I observed approximately 11 customers inside with no one outside of the building. There was one employee working. Most of the customers inside appeared to be in their late teens to early 20s. I only observed one customer not playing pool. Biffs Sports Bar & Grill, 7777 NE Highway 65, Spring Lake Park: This is a moderately sized "sports" type bar and restaurant located in a retail area along a main street. I checked Biffs at 12:30 a.m. on Thursday morning, November 3, 1994. I observed approximately 58 customers inside with four people outside. There were approximately five employees working. The age of the customers appeared to be mid-20s to mid-30s.. There were approximately 40 people not playing pool and'were at the bar and tables. There were approximately eight people playing darts. City Billiards Bar & Cafe, 25 North 4th Street, Minneapolis: As mentioned before this is a bar and restaurant as well as a billiard hall located just off Hermepin Avenue in the warehouse district of Minneapolis. I checked City Billiards Bar & Cafe at 11:25 p.m. on Friday, November 4, 1994. I observed approximately 90 customers inside with 3 employees. The customers appeared to be approximately mid-20s to mid-30s. There appeared to be approximately 40- 45 people not playing pool. The customers not playing pool were sitting at tables and standing at or near the ~bar. Club Cafe & Billiards, Foley & Northda!e Boulevard, Coon Rapids: This is a billiard hall located next to a bar and restaurant. It appeared that the customers moved freely between the billiard hall and the bar and restaurant. I checked this business at 12:55 a.m. on November 3, 1994, Thursday morning. I observed approximately 10 customers inside with no one outside. There were two employees working. The age of the customers appeared to be from late 20s to early 30s. I observed approximately eight people inside not playing pool. It appeared that the~''~ business was preparing to close at the time I was there. C.R. Billiards, 113 85th Avenue NW, Coon Rapids: This business is located in a large strip mall type shopping center. I visited this business on two occasions. The first was at 1:35 a.m. Thursday morning, November 3, 1994. At this time there were three customers inside the building with no one outside. There was one employee working with one of the customers not playing pool. The customers appeared to be in their early to mid-20s. The second check was made about 3:56 a.m. Saturday morning, November 5th. I observed approximately 20 customers inside with one person outside. There was one employee working. The customers appeared to be in their late teens to mid-20s. I observed approximately seven people inside not playing pool. These customers appeared to be standing in the video game area of the pool hall talking and smoking. Crown Billiards, 8078 Morgan Circle, Bloomingon: As mentioned before, this 22-table billiard hall is located in a small strip mall at the end of a cul-de-sac in a business and industrial area of Bloomington. I checked Crown Billiards three times with' the first being at 2:15 a.m. on Thursday morning, November 3, 1994. At this time there were 22 customers inside with no one outside. There was one employee working. The age of the customers appeared to be late teens and early 20s. There were five people inside not playing pool. They appeared to be talking and playing video machines. The next visit was at 3:15 a.m. Sunday morning, November 6th. There were seven customers inside and one employee working. Customers appeared to in their late teens and early 20s. There were two customers not playing pool. The next visit was 1:10 a.m. Tuesday, November 8th. I observed 27 customers inside with no one outside. There was one employee working. Once again, all of the customers appeared to be in their late teens and early 20s. It appeared that there were approximately 16 people inside not playing pool. Some of those not playing pool appeared to be getting ready to leave, while others were playing video machines and talking. Doe's Bohemian Cue, Inc., 8465 NE Plaza Boulevard, Spring Lake Park: Doe's appears to be a medium sized billiard hall with approximately 15 tables located in a small building on the edge of a retail area in Spring Lake Park. I visited Doe's twice. The first time was at 1:48 a.m. on Friday, November 4, 1994. I observed nine customers inside and one outside. There was one employee working. The customers appeared to be in their early 20s, It appeared that there were five customers inside not playing pool. Two were sitting at a table and three were in the area of the video games. I next visited Doe's at 3:35 a.m. Saturday, November 5th. I observed 23 customers inside with one employee working. All the customers appeared to be in their early 20s. I observed six people inside not playing pool. Two were playing video games and the others were sitting or standing near pool tables talking and smoking. Express Deli & Billiards, 1417 Heimo Avenue North, Oakdale: I checked Express Deli & Billiards twice during the course of this survey. The first time was at 11:40 p.m. Sunday, November 6, 1994. Business was closed at this time. It appeared that the business had closed early with a sign on the window indicating ~at they were open until 12:00 a.m. I again checked this business at 12:10 a.m. Tuesday, November 8th. At this time the business appeared to be closing in that, While the interior and outside lights were on, there was only one employee working with no customers. As mentioned in the earlier reports, this is a combination restaurant and billiard hall with approximately 12 billiard tables and six or seven tables for eating. It is located in a small strip mall in a relatively isolated (almost rural) section of Oakdale. Fann¥'s Billiard-Dart-Games, Maplewood Fun Mall, English & Frost, Maplewood: This business is part of a bowling alley/restaurant/bar and billiard hall complex located in a small business district in Maplewood. I checked this bUsiness twice. The first time was at 12:06 a.m. Monday, November 7, 1994. At this time the business was closing with one or two employees cleaning up with what appeared to be one or two customers in the area of the bar. The second check was made at 11:55 p.m. Monday, November 7th. At this time there were two customer in the pool hall area of the complex. They appeared to be in their mid-30s. No employees were working in the pool hall area. Neither of the two customers were playing pool. Both were sitting at a table talking. It appeared that no one was bowling at the time with the 10 or 15 customers inside of the complex all seeming to be congregating in the bar and restaurant area. No one was observed outside of the building. Fat Boy's, 1920 Central Avenue NE, Minneapoli~s: As mentioned in the previous report, Fat Boy's is located in a business district on Central Avenue NE in Minneapolis. It is a medium sized pool hall with approximately 12 tables. I first checked Fat Boy's at 12:10 a.m. Thursday, November 3, 1994. At this time there were five customers inside with no one outside. There was one employee worldng. Customers appeared to be in their early 20s. All of the customers inside were playing pool during the course of my visit. The next check was made at 3:05 a.m. Saturday, November 5th. I observed 17 customers inside and three people outside. There were two employees worlcing. All of the customers inside appeared to be in their 30s. There were approximately seven customers inside not playing pool. Those not playing pool appeared to be talking to each other and with employees. Galtier Plaza Billiards 175 East 5th Street St. Paul: As indicated in the earlier report, Galtier Plaza Billiards is located in Galtier Plaza in downtown St. Paul. It is located just above Amelias Restaurant in Galtier Plaza. There is a small bar in the billiard hall itself. I visited this business at 12:40 a.m. Tuesday, November 8, 1994. At this time there were 15 customers inside with two employees worlcing. Customers' ages appeared to be mid-20s to mid- 30s. Thirteen of the customers inside were not playing pool. These customers were either sitting at tables or congregated around the bar. Lili Billiard, 847 University Avenue, St. Paul: As indicated in the earlier report, this is located on University Avenue in a one-story building in a business district of St. Paul. It is a relatively small business with approximately eight or nine pool tables and a handful of chairs. There was no food service of any type to the extent that there were not even pop or candy machines in the business. I checked this business at 11:15 p.m. Sunday, November 6, 1994. There were 22 customers inside and no customers outside. There was one employee worldng. The age of the customers inside appeared to be mid-teens to early 20s. I observed~ ~''~ approximately four people inside not playing pool. Those not playing pool appeared to be talking to each other and observing the pool players. Tattle & Pool, 4040 Central Avenue NE, Columbia Height~q: It appears to be a newer facility with approximately 13 pool tables, '4 - 6 ping pong tables and video machines. I checked this business twice during the course of the survey. The first time was at 2:04 a.m. Friday, November 4, 1994. At this time there were two customers inside, no one outside, and one employee working. Both customers appeared to be in their early 20s. Neither customer was playing pool. The next check was made at 3:20 a.m. Saturday, November 5th. I observed 16 customers inside, no one outside, one employee was working and customers appeared to be in their mid to late 20s. Seven customers were not playing pool. Two of these were playing ping pong and the other five were sitting adjacent to the pool area talking. Rack'em Up Billiards, 7077 North 10th Street, Oakdale: As mentioned in the fu'st report, this business is located in a large, newer strip mall style shopping mall.- It is a medium sized billiard hall with video games. During the course of the survey, I visited Rack'em Up Billiards twice. The fu'st time was at 11:47 p.m. Sunday, November 6, 1994. There were 24 customers inside with no one observed outside. There were two employees working. The customers' ages appeared to be late teens to early 20s. There were approximately six customers observed inside not playing pool. These customers seemed to be congregated in the area around the video games talking. The next visit was at 12:18 a.m. Tuesday, November 8th. This time there were five customers observed inside the business with one employee working. No one was observed outside of the business. Once again, the customers were in their late teens to early 20s. At the time of this visit, no one was playing pool. They appeared to be talking to the employee and amongst themselves with one person playing video games. Shooter's Billiards & Pro Shop, 11939 West River Hills Drive, Burnsville: This is a large facility located in the rear of a small strip mall off a main highway in Bumsville. It has approximately 32 tables and a large number of video games. I made two checks of this business during the course of the survey. The ftrst check was made at 2:50 a.m. Friday, November 4, 1994. I observed approximately 37 customers inside and two people outside. The people outside appeared to be talking and standing next to their automobile. I observed one employee working. The ages of the customers ranged from early to late 20s. I observed approximately 14 of the customers inside not playing pool. Those not playing pool appeared to be playing vide° games or sitting at various locations throughout the business talking. The second check of the business was'made at 3:00 a.m. Sunday, November 6th. I observed 56 customers inside with two people smoking and talking outside. There were three employees working at this time. As before, the customers appeared to be in their early to late 20s. I observed approximately 27 people inside not playing pool. Those not playing pool appeared to be socializing with each other, playing video games, or preparing to leave the business. Straight Shooter Billiards, 6931 Lake Drive, Circle Pines: I attempted to check this business twice during the course of this survey. The first time was at 12:55 a.m. Monday, November 7, 1994. At this time the business was closed. The next time was at 11:25 p.m. Monday, November 7th. This time all of the lights were on outside the business, two cars were in. the parking lot, an open sign was lit on the window next to the door, however the business was locked and the blinds were drawn on the window. It appeared that there were lights on inside. T. C. Billiards, 2280 Maplewood Drive, Maplewood: I checked this business at 1:18 a.m. Friday, November 4, 1994. As mentioned in the earlier report, this is a relatively large facility located in an older strip mall in a business and residential area near a main intersection in Maplewood. I visited T.C. Billiards at 1:18 a.m. Friday, November 4th. There were 29 customers inside and no one was observed outside. I only observed one employee working at this time. Customers appeared to be in their late teens and early 20s. During the time I was there I only observed four people not playing pool. These people appeared to be congregated in the area of a small snack bar talking and drinking s6ft drinks. Vadnais Inn~ Rice Street & Interstate 694, Vadnais Heights: The Vadnais Inn is a small bar, restaurant and pool hall located in a free-standing building near a busy intersection in Vadnais Heights. I checked this business at 12:55 a.m. Friday, November 4, 1994. I observed nine customers inside and no one outside. There appeared to be °ne employee working. The customers ages appeared to be in their late 30s to early 40s. At the time I was there no one was observed playing at any of the four pool tables located inside. Customers appeared to be sitting at the bar or tables drinking and talking. University Billiards, 7178 University_ Avenue NE. Fridle_y: This is a large business with approximately 28 tables, a number of video games and small food service located in a small strip mall along University Avenue Northeast. I visited University Billiards twice while making this survey. The first check was made at 12:45 a.m. Thursday, November 3, 1994. I observed 26 customers inside with two employees working. All the customers appeared to be in their late teens to early 20s. No one was observed outside of the building during the time I was there. There were approximately six people inside not playing pool. They appeared to be congregated in the area of the video machines. The next visit was at 3:45 a.m. Saturday, November 5th. This time there were approximately 76 customers inside the building, one person was observed standing near his car outside the building, and two employees Were on duty in the building. As before, the majority of customers appeared to be in their late teens and early 20s. Approximately 30 of the customers inside the building were not playing pool. These customers appeared to be playing video games, talking to each other and preparing to leave the building. Those that I observed leave the building left immediately without loitering in the parking lot. I spent approximately five to fifteen minutes at each of these businesses while preparing this report. The only illegal behavior I observed in all of these checks involved a car speeding through the parking lot at Shooter's Billiards & Pro Shop in Bumsville. The only police presence I observed at any of these businesses was a squad car leaving the parking lot at University Billiards in Fridley upon my arrival. I was unable to determine if the car had been there on a call or just checking the business. The officer apparently had been inside in that upon entering the business some of the customers were joking with each other about the police officer having been in the billiard hall. I observed no significant number of people loitering in any of the parking lots in any of the businesses. While the weather was cool, it was not unseasonable for this time of year. Given the large numbers of people in some of these establishments late at night, I am not sure that there would not be a problem with people loitering in the parking lots in warm weather. I would assume that if this does occur in warm weather, the businesses would have to make adjustments in their staffing if they hope to monitor the activities in the parking lots. "Information presented at October 24th COuncil meeting" RECREATION FACILITY BILLIARD ROOM CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: October 18, 1994 Dan Don~hue, City Manager Colin Kastanos, Director of Police RECREATION (BI?3.IARD ROOM) FACILITY The following report is broken down into three different sections, which are as follows: A® Survey of existing billiard halls in the metro area which was done in person. Keep in mind that this is not the total number in existence. Contacts made to police departments in the communities that these halls are located. Ce HoW our department will respond to the following: 1. loitering 2. curfew 3. truancy PART A SURVEY OF EXISTING BILLIARD CITY OF NEW HOPE MEMORANDUM DATE: October 13, 1994 TO: Colin Kastanos Art Hogenson FROM: John. Oberreuter SUBJECT: Metropolitan Area Billiard Halls City Billiards Bar and Cafe, 25 North 4th Street, Minneapolis, visited at approximately 1125 hours. The City Billiards Bar and Cafe is as its name implies a bar and a restaurant. It appeared to have approximately 14 tables operational. At the time I was there, there were three customers and one employee in the establishment. This' business is located in the "warehouse district" in downtown Minneapolis near several other bars and restaurants. It is located on the street with a relatively attractive door front and entrance. The interior appearedwell-maintained and attractive. Louie's Billiards, 1222 University Avenue, St. Paul. This business is aC least temporarily closed. A sign on the doorway leading into the building (a large three-story building on University Avenue in St. Paul) indicated that the business was closed for the s,,m-er and would open ac a different location in the fall. Shooter's Billiards and Pro Shop, 11939 West R/var Hills Drive, Burnsville, this was visited ac approx/maCely 1230. hours.. There were ~wo employees and one customer in the business when I visited. This business is located in a moderate-sized mall. IC appears Chac the area that it occupies-was probably aC one t/ma the back of the mall and had been redecorated to accommodate the bill~ard parlor and aC least one ocher business. The business appeared co'tave, very little ~xposure Co the nearest sorest. The interior was a large, reasonably well-maintained area concainin~ approx/macely 32 cables and a wall of coin operated video-type $~mee. I'C also appeared chac they had a large service counter which also sold billiard supplies and related items. Crown Billiards, 8078 Morgan C~rcle, Blommingcon, checked at approx/maCely 1345 hours. AC the t/ma I wam aC chis location, I observed one employee and approximately ten customers. The customers all appeared co be in chair m/d- Co lace teens. This facility has approx~-mtely 22 tables. Ic is located on the street in a cul-de,sac in a business and Industrial area. Ic is with approx/macely five ocher businesses in a small scr~p mall. lc appeared co be in relatively good condition with the exterior appearin~ to be consistent with Chac of the other businesses in the mall. - 2- Fat Boy's, ~920 Central Avenue Northeast, Minneapolis, checked at approximately 1515 hours. At the time I was at this location, there were approximately 15 to 20 customers inside and one employee visible. There were also two rather angry looking customers immediately o~tside. It should be noted these are the only people I observed in any of these establishments to be loitering in the area. Most of the customers appeared to be in their early to mid-twenties. This business has approximately 12 tables and a few video machines. This business was located in a retail district of Northeast Minneapolis. The exterior appeared to be relatively new and attractive. The interior was in average condition and appeared to be kept up reasonably well. This was in a building with other businesses with the parking lot being in extremely bad condition a~d located immediately next door to Fat Boy's. Along with being unpaved, the parking lot was full of glass and other debris. Al's Billiards, 1319 Larpenteur Avenue, Roseville, visited at approximately 1835 hours. The business contained approximately twelve tables and a n,,mher of video game machines. There were approximately 15 customers, all estimated to be in their late teens or early 208, in the business with one visible employee on duty. This business is located on a main street on the edge of a retail area. It is housed on the ground floor of a two-story building which stands independently. The neighboring businesses appeared to not be open at chis time. of night. Al's is not readily visible from the street. It is Set somewhat below Cbs street level and a bit f. arther b'ack from than the other businesses in the area. The building was older and in fair to average condition. The front and entrance to the building were relatively small and in.fair to average condition. The interior appeared to be older but reasonably well-maintained- T C Billiards, 2280 Maplewood Drive, Haplewood, visited at approximately 1900 hours. There were approximately 35 people in the business when I checked on it. Host of them appeared tO be in their late teena and early 200. This business is located in a small strip mall coutaininS approximately four to five other businesses. It is in a relatively isolated area, Just off of the intersection of cwo major highways. There is a larse Heuard's store approximately lO0 yards from the strip mall with a n,,~her of small businesses leadin$ into a residantial area Just behind the mall. It contains' approximately 24 tables with video Samos and pinball games. While it advertises food, it appeared there was a rather limited offeriu~, The strip mall T C Billiards is located in is older and in average condition. The front of T C · Billiards is approximately the size of an average storefront in the mall, approximately 25 feet. However, the rear portion of the business apparently takes over most of the former storage areas to the other stores and ia quite large. The' interior is older and in average condition. Whila I wu there, I noticed one employee on duty. -3- Rack'em Up Billiards, 7077 North 10th Street, Oakdale, visited at approximately 1930 hours. I observed approximately six customers all appearing to be in their late teens in the business when I was there. There was one employee on duty. This was located in a shopping center in the area of several other businesses. The front of the business was relatively' new and attractive and consistent with the other businesses in the area. The interior appeared to be in average condition. There were approximately 14 tables and video games in the business. The interior appeared to be decorated similar to the other billiard halls and well-maintained. Express Deli and Billiards, 1417 Helms Avenue North, Oakdale, visited at approximately 2000 hours. There were approximately 15 to 20 customers, all in their lace teens and early 20s in the business during my visit. There appeared to be ~wo employees on duty. The business is located in a small strip mall in an isolated semi-rural setting with some industry and some housing nearby. There were approximately six other businesses in the mall. The mall appeared to be approx~m-Cely 10 to 15 years old and in average condition. The exterior of Express Deli and Billiards seemed to be in abic poorer condition than the exterior of the other busineses in the mall. The food service in the billiard hall seemed Co be somewhat limited. Amelias-Plaza Billiards, 175 Bast 5ch Street,' SC. Paul, visited aC approximately 2030 hours. This business is located in GalCier Plaza. The bar aC Amelias is on the second floor of ~he shopping center and the billiard parlor is on the third floor Just above lc. The billiard parlor had approximately 12 customers and Cwo employees in it ac the time of my visit. Tha billiard parlor apparently shares liquor and food service with ~he bar. The people in the billiard parlor appeared to be their mid-twenties co early 3Os. Both businesses appeared Co be in average condition and maintained in a satisfactory manner. Lili Billiard, 847 UniversicyAvenue, SC. Paul, visited aC approximately 2045 hours. This billiard hall is located in a one-story buildin$ on University Avenue. The billiard hall faces Universi~yivenue and is an one-story building concainin~ approximately three ocher businesses. This is in a retail and business section of. the city wi~h · residential area behind ic. There were approx~-sCely 25 customers and one employ~ in the business ac the time of my visit. All of the customers appeared co be youn$ Asian males in chair mid-teens co early 200. The SC. Paul · Police Department mentioned thac chis particular billiard hall seems co be frequented by members of Asian street sangs. This business contains approximately 8 co 9 ;ables and appears co be in fair condition. The buildin~ il ia~loeaCed in generally seems Co be in elishcly better condition chac the billiard hall. AC the time of my visit, there was no one loitering in the area, however, on ocher occasions ~hac I have been in chis area I have noticed a significant amount of activity occurring on the sidewalk in the area around the billiard hall wi~h young people loitering, Calking and driving up in cars and pullinK away. PART B cONTACTS TO POLICE DEPARTMENTS CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: October 18, 1994 Colin Kastanos, Director of Police Sgt. Arthur Hogenson, Staff and Services REPORT ON METROPOLITAN AREA BILLIARD H~T.T~ For the past couple of weeks, Inspector John Oberreuter and I, with some help from Officer Richard Anderson and Police Cadet Duy Ngo, have been surveying and gathering information related to billiard hall operations in the Twin Cities metropolitan area. Attached to this report should be a report I did dated October 7, 1994, and a report Inspector John Oberreuter did dated October 13, 1994. The following places were checked on and the respective police departments checked with: Crown Billiards 8078 Morgan Circle Bloomington The police contact for this establishment and city was Lt. Paul McCullough, 948-8834. Lt. McCullough reported that his impression is that the place has not caused a lot of problems. They have had some disturbances, but very little problems with curfew, truancy, or loitering. Their printout of calls would support this impression as most of the calls deal with either suspicious person or disturbance type calls. Crown Billiards does not serve any beer or alcoholic beverages. Shooters Billiards Burnsville I talked t9 Sgt. Lay wirer he Burnsville Police Department, 895- 4600. He indicated that there were quite a few juvenile problems when the pl&ce first opened, a~d their printout for the year seems to i~ioate that they stxll have some curfew problems connecte~ With .the place; however, Sg~.' L~y indicated that that is not their main problem area in their city and that, therefore, they don't give it as much priority as they did when they first openpd, and now have to spend more time with other trouble spots. Shooters does not serve alcoholic beverages. - Doc's Billiards spring Lake Park I talked to Investigator Dave Toth, 784-6498. Doc's has been a source of quite a bit of police requests for service including loitering, juvenile curfew violations, drinking, several warrant arrests, some stolen vehicles recovered in the area, and miscellaneous other theft related calls. Doc's does not serve alcohol and mostly relies on the selling of billiard related products such as pool cues for over half of its business. It is located near the intersection of Highway 10 and Highway 65. Doc's has been in business about seven years and has approximately 15 tables. When I visited the center, there were about a dozen people in the billiard center, but this was in the middle of the afternoon on a weekday. - T C Billiards Maplewood I talked to Sgt. Carol Nelson with the Maplewood Police Department (770-4543). She did not think that T C (Twin City) Billiards was much of a problem for their department, but that she was going to check the specific calls to verify that. A printout from their department will be sent to my attention. T C Billiards does not serve alcohol. - University Billiards Fridley I talked to Investigator Larry Johnson about the University Billiard Center. He related that there have been a lot of calls connected to this business.. These calls include fights, thefts, buying and selling of stolen property, and disturbance type calls. Fridley PD did send an ekWcensiye printout, but it includes the shopping center area where University Billiards is located. University Billiards has about 28 tables. When I was there, in the middle of the afternoon, they had about eight customers. They have been in business 6~ years. -C R Billiards Coon Rapids - Club Billiards Coon Rapids The police contact in Coon Rapids is Records Technician Sharon' Peck. Besides faxing over information on C R Billiards, she also verbally shared information with me about the establishment. C R Billiards is apparently a place that generates very few complaints. The only calls they have had have been 'from the owner asking for some assistance to either remove a patron or ~-~ some other related problem. It should be noted that their master file ICR list does suggest a little more police activity than reported in the telephone conversation with Ms. Peck. This could be due to the fact that other businesses in the area are generated calls, as well as C R Billiards. It should also be noted that C R Billiards will be moving to a new location very close to their current location in the same shopping center. They have been in business in their current location since 1987. They do not serve alcohol. The other Coon Rapids billiards center, The Club, has been in business only about 6 months under the current owner, but has been at that location for approximately 25 years. It had only about 11 tables with the usual other pinball machines, etc., that go with these businesses. The owner of The Club indicated that ~ the secret to having a good billiard center is the quality of the people running the establishment and that was the critical part to be concerned with. There were about six people in The Club when I was there which, again, was in the middle of the afternoon. The Club happens to be located in a shopping center just behind a McDonald's restaurant in a very busy part of Coon Rapids. Rack 'Em Up Billiards Oakdale Express Deli Billiards Oakdale I contacted Investigator Kei~h Hiller with the Oakdale Police Department, 738-1022. Of the two establishments, Rack 'Em Up has given Oakdale the most business from a police standpoint. They have had assaults, curfew violations, gang related problems, and an occasional drive-by shooting. Ex~ress Deli has provided very few police?ails for Oakdale PD. Loztering and curfew then are a fairly serzous problem for Oakdale and truancy is of a lesser nature. Fat Boys 1920 Central Avenue NE N/nneapolis I talked to Minneapolis Recap, which was a recording, to provide information about Fat Boys. That number is 673-3015. Fat Boys is under new management and so far has developed very few problems for the Minneapolis PD. The desk sergeant was not aware of any problems wi~heither loitering, curfew, or truancy. That is backed up by their incident repor~ for the year which shows six incidents for the address of 1920 Central where Fat Boys is located. These incidents include dealing with a drunk, auto theft, a robbery, a burglary, and an unwanted person. - Paddle and Pool Columbia Heights~ The last place on the list. which does not serve alcohol is Paddle and Pool in Columbia Heights. The police contact I talked to there is Captain Leonard Olson, 782-2800. He indicated that Paddle and Pool had just opened and, therefore, there is no track record to report on in relationship to either loitering, curfew, or truancy. He did indicate that they had put added language in their ordinance that talked about being able to take action against the establishment if it generated a lot of police calls or problem calls. We also phoned each of the establishments to ask them about the same estions of loitering, truancy, and curfew. The qu ...... :~ .... ~4~ble and was provided often by a informa=ion is no= =err~m~x oun worker who happened to be on au=y ~A-g'-4~ ~h-~ ~n ID ueoDle and they do not allow peo~le.~o, be in u~=~ ~ T--~z -r --= t ....... ~ ~he~ think they snoul~ De in the establlshmen= az=er school. Some of the businesses stated they don't check or bother with IDs unless they are having a problem with one of the ~atrons. Some even said that their city does not enforce loiterlng and curfew and, therefore, it's not a problem for them. on the remLses when we e=~ ~ have only one employee P . . them. This may change during their busy t~mes, but only one employee would have a hard time checking the parking lot for loitering. DATE: TO: FROM: SUBJECT: CITY OF NEW MEMORANDUM October 7, 1994 Chief Kastanos Sgt. Hoge~son SURVEY OF BILT.LARDHAT.F~ HOPE Per your request, I have contacted the Cities of Bloomington, Burnsville, Coon Rapids, Fridley, and Spring Lake Park concerning the incident call records on their respective billiard centers. Most of these cities have been more than willing to fax over their incident calls related to their respective centers. They are attached to this memo. In addition, I talked to someone in each of the police departments who was familiar with their center. In Coon Rapids, they said that C R Billiards was basically a place that did not cause them any problems. Their only complaints were called in by the.owner for people either · loitering or starting to act up ~n some way, but they did not have any outside complaints against the billiard center itself. Spring Lake Park stated that Doe's Bohemian Cue had caused them a fair amount of problems. The~ had made several warrant arrests at that location. They had p~cked up some juvenile runaways at that location, and they had even recovered some stolen vehicles dropped in the area of the pool center. Burnsville Police Department stated they did not have an unusual number of calls related to their Shooters Billiard, and those calls are attached to this report. Fridley Police' Department, dealing with University Billiards, stated they had a lot of calls at that particular place. These calls included fights at times, and juvenile curfew and runaway related problems. They attempted to fax over their calls which include several pages, but the fax is of such poor quality that they will probably have to be picked up later if we want to see the printout. I was not able to get a hold of Bloomin~on Police Department as far as a particular individual they recommend I speak ~o. I did leave a message for that person to call us back and, if possible, fax the information related to Crown Billiards ~o our department. See the printouts for additional information. PA~T C DEPAR~fE~A~ RESPONSE TO LOITERING, CURFEW, AND TRUANCY How we will respond to the following: Loitering will be handled as we have done in the past throughout the City. Due to the fact that the billiard parlor is to be located in a shopping mall, it is hard to distinguish who is loitering and who is not during certain times of the day (parking lot area). · In the past, it has been left to the business community at troubled locations to ask unwanted customers to leave their establishment or general area (first step). If unwanted guest~ still refuse to leave, it is then up to the business establishment to call the police and upon their arrival, point out the parties they would like removed. If they wish to sign a complaint, parties will then be cited; otherwise, the officers will make decisions which does not necessarily mean an arrest. If this becomes a problem location, off duty officers may be required by the establishment. This can be initiated one of two ways: If the officer, during his/her routine patrol, observe someone who is believed to be (and found to be) in violation of the curfew ordinance, they will be cited and the parents called to retrieve the youngster or youngsters. If we are called by.the manager or owner of the billiard hall, we will proceed to handle the situation as in the first case. If we are called by the owner of the billiard hall or observe (during regular patrol) parties in violation of school rules (truancy), they will be returned to the school they are truant from. OATE: TO: FROM: RE: Octol~er 7, 1994 Kirk McDonald. Management Assistant/Community Development Coordinator Sarah Bellefuil, Administrative Analyst Billiard Parlors [ contacted the owners of all five billiard'parlors listed on the following page. Dunng my conversation [ asked each owner the same set of q~suons. The quesUons and general responses are as follows: I. What are your hours of operation? All the businesses are open between 2 to 4 AN[ dtmng the week and 4 to 6 AM dtmng the weekend. 2. How long have you been open? l0 momhs to seven years. 3. Do you ~erve alcohol? None of the businesses I contacted served alcohol. 4. Do you have a "No Smoking" section? All of the businesses allow smoking. Many stated they had "Smoke Eaters" in their billiard parlors. $. What is the square footage of your business? 6,000 to 10,000 square feet. 6. How many pool tables do you have? 19 to 32 tables. 7. Do you have other games such as darts, pinball, or video games? Each business has a small number of thcs~ on site. 8. ~ i~ t~e bu~t ~ o~ tke day? The respondents stated that winter, between October and April is the busiest time of the year. Dunng the winter months, the Imsy thne s',am around ?:30 to 9:00 PM until 2 or ~ AM. 9. How -,may employees do you have ou d~rinl your busiest time? This depended on the size of the billiard parlor. The largest parlor (32 tables) stated that they had four people on during the Imsiest time of night ~riday and Sanaday between 8 PM and 3 AM). 10. Do you have .ay age limits? Dependent on the location but most do not This vaned by billiard parlor. They were anywhere from 16 - 2:2, 18 - 25, to 21 and above. 12. How do you address kiterla! ami/or dim~pti~e behavior? that he lx~ one employ~ walk the pltifi~ lot eyre7 20 mi"m'~ and teU anyone standing around to 1~ the you hav~ a good ~ f~ m'imo[ ldaym~ 13. I}urtn[ what tTl~ M simmim tumid 7m eall ~e Imike? 14. Are yms Io~lnn[ M a --~n or stand nlnme bMldin~. Some businnmm ~e lecami i~ a marl and some m tbdr own braiding. On~ own~ told n~ that if a peol hall is locatod in a mall it is pmbebly a distresaM m'n TI~ islmm~ mn ~ ~ m ~ ~ ~ than bein[ localM in a mml-elon~ buildin[ du~ m siz~ of tl~ lot, blind spas, ~"d a sms~ of ownership of the prop~. parlor~ wm'm alk~ to mxtmnd t~ h~mrs ~ from 4 A.M to 6 A--~ DATE: TO: FROM: RE: 27 September, 1994 Chief Kastanos Inspector Oberreuter Billiard Parlors in the New Hope Area In approximately 1990f Briame's Billiards opened in the shopping mall located in the area of Weaver Lake Road and I94 in Maple Grove. It was initially to cater to people over the age of 18 years of age. It was open until 1:00 or 2:00am' (apparently the closing time varied). The Maple Grove Police informed Officer Anderson of the New Hope Police thac the owner of Briame's was .very cooperative and made every attempt co cooperate with the police. Apparently in the one year chis billiard hall was in operation, there were problems with Juveniles frequenting the billiard hall and loitering in the surrounding areas. The management of the billiard hall hired off-duty police officers co work inside the business on Priday and Saturday nights. Apparently few few police calls were recorded ac the business itself. However, the Maple Grove Police reported a high incidence of calls in the ~-nediace area which were related co drinking, vandalism, iiccerin$ ~nd noise. The hple Grove Police indicated they believed most of chess calls were related co persons attracted co the area by the billiard hall. In the city of Plymouth, m billiard h~ll c~lled The Cocoon Club, Inc. opened and closed in 1988; iC wu located in Cottonwood PLaza on 39ch ~ Vis.sod. ~ vas the c~e ~ ~ple ~r~e. ~ ~Ccon Cl~ ~ veu f~ calls co the bus.ess itself. ~ere were, h~ever, a ~r~e ~e~ of calla co the ~ed~ce vic~nicy, which the police believed were re.Ced co persons attracted co chi a~e~ by the club. ~e Cocoon Cl~arenCly ran ~co probl~ ~ch licensi~, ~ ic closed the s~ year iC ~. & couple of years a~o, Crystal had a billiard hall located on Base Lake Road Juec east of West Broadway. This business seenad' co attract a nunber of people who were knoun co local police departments because of cheer unl~ul activities. The business had a reputation within police circles aa bein~ frequented by runaway Juveniles, parties seLtin~ stolen property and parciss sellin~ drugs. Page Two Memorandum 27 September ~99a Having been made aware of problems that the city of St Paul had with billiard halls a few years ago, I contacted the St Paul Police Department. I was informed that in recent years, the St Paul Police Department has had very few problems with its few remaining billiard halls. They informed me that the city of Se Paul had passed an ordinance requiring that all billiard halls close by midnight. Prior to this ordinance, billiard halls had the option of staying open 24 hours per day. The St Paul Police stated their problems seemmd to bs associated with people leaving bars at closing hours and going to the billiard halls, where some of the least desirable activities which occurred in bars continued at the billiard hails. St Paul Police stated there were frequent problems related to the sale of drugs at billiard halls, fights, drinking in the area, noise, littering, att. In making a random check of billiard halls in the metropolitan area,.I found most closed by 1:00 or 2:00 am, but one or cwo ars open as late as 4:00am. In summation, it would seam thac billiard halls seem to have a si~nificant problem with groups of young people loitering in the establishment or ~-a-ediace area. The problems caused outside of the business itself seem ~o be those which cause the most problems for the police and surrounding neighborhood. While I certainly do nsc doubt the good inten~ioms of the business people wishing to locate On Cue Billiards in New ~ope, I believe the city should ask for so~a significant indication chac the management would be able to deal with problems both inside and outside of their establish~ent. JO/DE~/ 4.022 (21) - (23) (21) Church. A building, together with its accesso=y buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. (Code 072684) (22A) Civil Engineer. A professional engineer registered in the State of Minnesota to practice in the field of civil works. (22B) Civil Engineerinq. The application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind. (Ord. 90-07) (22) Club or Lodge. A club or lodge is a non-profit association of persons who are bonafide members paying annual dues; use of premises being restricted to members and their guests. Commercial Recreation. Bowling alley, golf, pool hall, dance~ hall, skating, trampoline, and similar uses. 4-4 A 072684 4.12, 4.121, 4.122, 4.123 4.124 (1)(a)(b) 4.~ "B-3" AUTO-ORIENTED BUSINESS DISTRICT 4.121 Purpose. The purpose of the "B-3" Auto-Oriented Business District is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. 4.122 Permitted Uses, B-3. District: The following are permitted uses in a B-3 (1) Auto Accessory Store. (2) ~'(3) (4) Motor Vehicle and Recreation Equioment Sales and Garages Accessory The retD. Commercial Recreational Uses. Motels. Motor hotels and hotels provided that the lot area contains not less than five hundred square feet of lot. area per unit of living quarters. (5) Restaurants. Including service windows, cafes, tea rooms, on and off sale liquor. (6) Amusement Rides. 4.123 (1) Permitted Accessory Uses. B-3. uses in a "B-3" District: Lees %ntensive use District. District: The following are permitted accessory All permitted accessory uses in a "B-2" 4.124 Conditional Uses. B-3. The following are conditional uses in a "B-3" District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 4.20, and compliance with 4.033 (5), Lighting; Chapter 3, Signing; 4.033, Screening; 4.036, Parking; 4.037, Off-Street Loading. (1) Automobile ~ervice Station. Motor fuel station, auto repair minor and tire and battery' stores and service provided that: (a) Safety. Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business,, the standards and requirements imposed by this Code for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. (b) Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 4-63 072684 4.13, 4.131, 4.132, 4.133 .4.13 "B-4" COMMUNITY BUSINESS DISTRIC-~ 4.131 Purpose. The purpose of the "B-4" Community Business District is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or sub- region. 4.132 Permitted Uses, B-4. The following are permitted uses in a "B-4" District: 4.133 (1) Less Intensive Use Districts. Ail permitted uses in "B-i" and "B- 2". (2) Antigue Shops (3) Art/School Supplies¢ Book, Office Supplies~ Stationery Stores (4) Bicycle Sales/Repair (5) Candy~ Ice Cream~ Ice Milk, Popcorn~ Nuts, Frozen Dessertsf Packaged Snacks, Soft Drinks (6) Carpet~ Rugs and Tfle and Other Floor Coverings (7) Coin and Philatelic Stores (8) Commercial and Professional Offices (9) Copy and Printing Service (10) Costume and Clothes Rental (11) Office Equipment Stores *(12) Enclosed Boat and Marine Sales *(13) Dry Cleaning Including Plant Accessory heretoforef Pressing and Repairing (14) Drug Store (15) Employment Agencies (16) Florist Shop (17) Furniture Stores (18) Furriers when Conducted only for Retail Trade~ on Premises *(19) Garden Novelty Stores (20) Gift or Novelty Stores (21) Hobby Store (22) Insurance Sales (23) Locksmith (24) Meat Market but Not Including Locker Storage (25) Paint and Wallpaper S~3es (26) Plumbing~ Television, 'a_~io~ Electrical Sales and Such Repair *(27) Theaters~ not Outdoo; ,ire-In Type (28) Toy Stores *(29) Custom Manufacturing and Repair (30) Tailor Shops (31) Jewelry Shops and Other Similar Use~ (32) Travel Bureausr Transportation~ Ticket Offices (33) Variety Storesr 5/10 Cent Stores~ Stores of Similar Nature (34) Wearing Apparel (35) Banks~ Savings/Loans~ Credit Unions~ Other Financial Institutions *(36). Public Garage/Parking Ramp (37) Record Shop (38) Real Estate Sales (39) Building Material Sales of Retail Nature in Totally Enclosed Building (40) Fabric Stores (41) Camera/Photographic Supplies (42) Restaurant (43) Off-Sale ~iquor Stores (44) Medical (45) S~orting Goods Stores (46) Pet Shops (47) Hardware Stores Permitted Accessory Uses~ B-4. The following are'permitted accessory uses in a #B-4" District: (1) Less Intensive use District. Ail permitted accessory uses in a "B-3" District. 4-70 072684 4,134 (I) - (5) 4.134 Conditional Usesr B-4. The following are conditional uses in a "B-4" District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 4.20, and conformance where applicable, with Chapter 3, Signing). (1) Less Intensive Use District. All conditional uses, subject to the same conditions as allowed in the B-3 Districts excluding any "B-3" conditional use listed as "permitted" in "B-4". .. Planned Unit Development - Commercial. Commercial planned unit development as regulated by Section 4.19. (3) Training Schools. Training schools, provided that: (a) As Principal Use. The school is operated as an adjunct of -the principal use to provide training for the consumer, distributor or installer of the product, process or service which is sold, distributed or manufactured under the principal use. (b) Code Compliance. Proof of compliance with City and State life and safety codes is shown. (c) Parking. Adequate on-site parking is provided so that no customers, visitors or employees are required to park outside the existing off-street parking areas of the business as a result of the operation of the school. (4) Veterinarian Clinics. When all facilities are totally enclosed, and procedures and construction which will comply with the noise Regulation portion of this Code are approved by the City. (5) Deleted. (Code 072684, 85-22) 4-71 072684 4.134 (6) - (7) (7) Commercial Recreation Facilities. Commercial recreation, provi (a) (b) Access. The site of the proposed use has direct access to an arterial street as defined in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial street, and Proximity to Residential. The outside perimeter of the site, as legally described is, 150 feet or more from the boundary of a residential zoning classification, or (c) Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence. (d) (e) (f) (g) (h) ScreeninR from Residential~ Parking areas shall be screened from view of residential districts and shall be curbed with continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at the curb line. Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. Liqh~in~ Shielded. All lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. Surfacing. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the City. Landscaoinq. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the City. (Ord. 85-32) Adult Uses-Principal. of this Code. Subject to the regulations of §4.039C and §4.20 (Ord. 92-06) 4-72 072684 4.14, 4.141, 4.142, 4.143, 4. 144 (1) 4.14 "I-l" LIMITED INDUSTRIAL DISTRICT 4.141 Purpose. The purpose of the "I-l" Limited Industrial District is to provide for the establishment of industrial development in a well planned, residentially compatible setting. 4.142 Permitted Uses. The following are permitted uses' in an "I-l" D~strict: 4.143 4.144 (1) Radio and Television Antenna Farm (2) Research Laboratory (3) Trade School (4) Warehouses (5) Essential Services (6) Governmental and Public Utility Buildings and Structures (7) Building Materials Sales and Storage (8) Engraving, Printing and Publishing (9) Medical, Dental and Optical Laboratories 10) Wholesale Business il) Manufacturing etc. The manufacturing, compounding, assembly, packaging, processing, treatment or storage of products and materials. 12) Automobile Major Repair 13) commercial Offices 14) Cable TV Limited scope production studio for franchised Cable TV company allowing for production of community oriented cable television programming produced by and for members of the community or commercial programming limited to presentation on the cable system serving only New Hope and other member cities of the Northwest Suburban Cable Communications Commission. Said use shall require all antennae conform to height limits of Section 4.035. Additional antenna height may be permitted by Conditional Use Permit pursuant to those procedures set forth and regulated by Section 4.20. Notwithstanding Section 4.20, no Conditional Use Permit shall be granted unless a public hearing is held and there is a finding that the additional height is technically necessary to serve the New Hope area and that this additional height will have no adverse effect on the area surrounding the studio. (Ord. 82-7) Permitted Accessory Uses. The following are permitted accessory uses in an "I-l" District= (1) Less Intensive District Use. Ail permitted accessory uses as allowed in the "B-4" District. (2)- Eating EstabliShments. Cafeterias, restaurants, cigar and candy counters, Snack bars and similar uses, provided such uses are primarily for the use of employees in the immediate area. Conditional Uses. The following are conditional uses in an District: (Reguxres a conditional use permit based upon procedures set forth in and regulated by Section 4.20 and compliance with 4.033 (3), Screening, 4.033 (5) Shielding of Lights). (1) Open Storage, Accessory. Open and outdoor storage as a conditional accessory use provided that: 4-73 072684 4.144 (1) (a) - (5) (a) Screened From Residential Uses. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with section 4.033 (3). (b) Surfacing. Storage area is grassed or surfaced to control dust. (2) Outdoor Sales and Service~ Accessory. Open or outdoor service, sale and rental as an accessory use provided that: (a) Area limit. Accessory outside service, sales and equipment rental conneCted with a principal use is limited to thirty percent of the gross floor area of the principal use. (b) Screened from Residential. Outside sales areas are fenced or screened from view of neighboring residential uses. (c) Surfacing. Sales area is grasSed or surfaced to control dust. (3) (4) Planned Unit Development~ Industrial. Industrial planned unit development as regulated by Section 4.19 of this Code. Schoolsr Specialty. Schools such as gymnastic training which require building design features (height, clear span roof, etc.) typically found in industrial buildings exclusively, provided that: 2 (a) Hours. School may operate only between the hours of 6:00 a.m. to 10:00 p.m. daily. (b) Scheduling of Special Events. Ail special events (exhibitions, etc.) must be scheduled on night, weekend or holiday times so as to eliminate conflict with daily work traffic and parking demand. (c) Code COmpliance. Compliance with City and State life and safety codes. (5) Schoolsr Training. Training Schools, provided that: (a) Principal Use. The school is operated as an adjunct of the principal use to provide training for the consumer, distributor, or installer of the product, process or service which is sold, distributed or manufactured under ~he principal use. (b) Code Compliance. Proof of compliance with City and State life and safety codes is clearly shown. (c) Parking. Adequate on-site parking is provided so that no customers, visitors, or employees are required to park out- side the existing off-street parking areas of the business as a result of the operation of the school. 4-74 072684 4.144 (6) - (9) (6) Retail Salesr Limited. Retail sales of products manufactured or processed on the site. (a) (b) (c) Area. Ail sales are conducted in a clearly defined space meeting all requirements for retail sales. Access. The building where such use is located is one having access to at least a collector level street, without the necessity of using residential streets. Hours. Hours of operation are limited to 8:00 a.m. to 9:00 p.m. ( 7 ) Restaurants. ( 8 ) Motel. Commercial Recreation Facilities. Commercial Recreation, provided that: Access. The site of the proposed use has direct access to an arterial street as defined in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial street, and (b) Proximity to Residential. The outside perimeter of the site, as legally described is, 500 feet or more from the boundary of a residential zoning classification, or (c) Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. (d) Screening From Residential. Parking areas shall be screened from view of residential districts and shall be curbed with 'continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at the curb line. Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. (f) Lighting Shielded. All lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. (g) Surfacing. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with a bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the City. (h) Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of' the City. /+-75 072684 4.15, 4.151, 4.152, 4.153, 4.154, 4.16, 4.17, 4.18 C~.15 "I-2" GENERAL INDUSTRIAL DISTR~ 4.151 Purpose. The purpose of the "I-2" General Industrial District is to provid~ for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation from residential or non- compatible commercial uses. The "I-2" District is also intended to provide for large scale activities of a sociological nature not suited to other districts, but reasonably compatible with the same characteristics suitable for General Industrial Use. 4.152 Permitted Uses. The following are permitted uses in an "I-2" District: (1) Less Intensive Use District. Any use permitted in the "I-l" Limited Industrial District: 4.153 Permitted Accessory Uses. The following are permitted accessory uses in an "I-2" District: (1) Ail permitted accessory uses allowed in an "I-l" Limited Industrial District. 4.154 Conditional Uses - I-2 District. The following are conditional uses in an "I-2" District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 4.20). Less_Intensive Use District. All conditional uses allowed in an~ "I-l" Limited ~ndu~trial District. (2) (3) (4) Trucking Operation. Truck terminals and major truck repair provided the site is adjacent to an arterial street. Health and Social Services. Private, non-profit social service organizations providing broad based family and individual activities of a health, athletic and social nature, provided the site is adjacent to an arterial street. .Day care centers. Group Day Care Centers operated in conjunction with a Health and Social Services use which qualified under (3) above. (Ord. 79-11, 84-3) 4.16 Blank. 4.17 FLOOD PLAIN DISTRICT (FP) The provisions of this Code pertaining to the Flood Plain District are found in the Appendix as Appendix D, for reasons of administrative convenience only, and are a part of the Zoning Code, and administered, interpreted and enforced as such. 4.18 WETLANDS DISTRICT (W). The provisions of this Code pertaining to the Wetlands District are found in the Appendix as Appendix D, for reasons of administrative convenience only, and are a part of the Zoning Code, and administered, interpreted and enforced as such. 4-78 072684 CITY OF NEW HOPE M MOm OVM DATE: TO: FROM: SUBJECT: March 30, 1995 Planning Commission Members Kirk McDonald, Management Assistant, Community Development Coordinator Miscellaneous Issues March 13th Council/EDA Meeting - At the March 13th Council/EDA meeting, the Council/EDA took the action on the following planning cases and other related issues: A. Ordinance 94-11, An Ordinance Amending the New Hope Zoning Code by Rezoning Lots 1 and 2, Block 1, I~anz Addition, from I-1 to R-1 - This ordinance was adopted by the City Council on June 13th, 1994, (per the recommendation of the Planning Commission), but was not published. It had been the City's practice not to publish rezonings until the actual project construction was initiated. The City discovered that State Statute requires that ordinances be published within 45 days of adoption, therefore staff recommended re-adoption of the ordinance so that the City would be in compliance with the 45-day publication requirement. You will recall that the ordinance amendment would allow the property owners to construct a new single family residential structure on the vacant lot adjacent to their present home. Please refer to the attachments for further information. Cooper High School Athletic Facility_ Expansion (Planning Case 94-14) and Related Street Improvement Project - The Council approved the following three resolutions related to this project, as follows: 1. Resolution Ordering Construction of Improvement No. 527, Approving Independent School District No. 281's Petition for Local Improvement and Approving the Agreement for Assessment and Waiver of Irregularity_ and Appeal. 2. Resolution Awarding Contract for the Construction of Improvement No. 527. 3. Resolution Approv, ing Revised Conditions of Approval for Planning Case 94-14 to AllOw Athletic Facility Expansion at Cooper High School. These resolutions accepted the School District's petition for the street improvement, awarded the contract to the low bidder, and approved the revised conditions for the athletic facility construction. Please refer to the enclosed attachments for further information. c~ Motion Rejecting All Bids for Construction of Handicapped Accessible Twin Home at 7901 & 7909 51st Avenue North and Authorizing Advertisement for Bids with Revised Specifications - Due to confusion among contractors on the sewer/water bid alternate on this project, staff recommended that the bids be rejected, the specifications revised/clarified, and the project rebid. Under the new specifications, the City will assume the responsibility for the sewer/water work. New bids will be opened on April 4th and considered at the April 10th Council meeting. A purchase agreement has been executed for one of the two units and construction should start this spring. EDA "Shop New Hope" Ci~-Wide Retail Promotion - The EDA discussed the concept of a City- wide retail promotion to educate residents about the products and services available in the City, in light of the recent closing of the Super Valu Store. Please refer to the attachments for more o information. The promotion would be a cooperative effort between the City and the shopping centers/free-standing retailers. Eo Resolution Setting Date for Public Hearing Regarding Sale of 7909 51st Average - A purchase agreement for one of the units in the handicapped accessible twin hOme has been signed and tt~'~ EDA set a public hearing date for March 27th. ~ March 27th City Council/EDA Meeting - The Council/EDA took action on the following planning related issues at the March 27th meeting: A. Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 1995 Street Improvement Project - The City Council approved plans and specifications for the 1995 Street Improvement Project and authorized advertisement for bids. Bids will be opened on April 21st and presented to the Council for consideration at the April 24th Council meeting. Several petitions have been received requesting exclusion from the project. Discussion Regarding City-Owned Property at 7528 4:Znd Avenue North - As you are aware, the City purchased the Foremost property at 7528 42nd Avenue North, at the request of the property owner, for future redevelopment purposes. The terms of the agreement stated that Foremost could lease the building from the City for two years and the terms made them responsible for the property taxes. The City learned that Foremost became defunct as of March 3rd and the EDA discussed leasing the property to the entity taking over Foremost so that the property taxes will continue to be paid. The EDA will discuss the lease again at the April 10th EDA meeting. Conductive Containers, Inc. Platting - Conductive Containers, Inc. will be closing on the vacant parcel at 4400 Quebec Avenue soon and have confirmed that the City will coordinate the platting process. The staff is currently seeking quotes and the preliminary plat will be considered in May. Adult Day Care Center at Homeward Bound Site - CareBreak is exploring the potential of utilizing the soon-to-be vacated Homeward Bound building at 4741 Zealand Avenue for an Adult Day Care Center instead of constructing a new facility on the vacant property at 5501 Boone Avenue. Per the attached memo, the site would need to be rezoned from R-1 to R-5 and a conditional use permit would be necessary. This application process will probably be initiated in May. Codes & Standards Committee - Staff recommends that the Codes & Standards Committee schedule an April meeting to discuss/review the following issues, after the Planning Consultant has had an opportunity to prepare reports/recommendations: A. Plymouth Comprehensive Plan Amendment. B. Possible minor modifications to the City's front wall sign ordinance (see attachment). Bass Lake Road Housing Redevelopment - Per direction from the City Council, staff is preparing a report regarding the potential for a housing redevelopment project in the Bass l_ake Road Extension area. When the report is completed, copies will be distributed to the Planning Commission. Attachments: Ordinance No. 94-11, Kranz Rezoning Cooper High School Athletic Facility Expansion and Street Improvement Resolutions Request_for Action - Handicapped Accessible Twin Home 7901/7909 51st Avenue North Shop New Hope Promotion Resolution Approving Plans & Specifications for 1995 Street Project Information Re: 7528 42nd Avenue North Memo Re: Homeward Bound Site Possible Wall Sign Code Change COUNCIL REQUEST FOR ACTION Originating Department City Clerk Approved for Agenda 3-13-95 Agenda Section Consent Val eft e Leone ~ Item No. ORDINANCE NO. 94-11, AN ORDINANCE ANENDIIIG THE NEIJ HOPE ZO~I[~ COOE BY REZONING LOTS 1 AND 1, BLOCK 1, KRANZ ADOITION FROII 1-1 TO R-I Thts ordinance was adopted by the City Counctl on June 13, 1994, but was not publtshed andthereforenot effective. The publication wasbetng postponed untt1 construction was Initiated. Ye have stnce discovered that tn accordance wtth state statute, ordinances must be published wtthtn 46 days of adoption. The o~itnance amundmunt was at the request of the property mmers, Wtlltam and Loutse Kranz (refer to attached RFA dated 6/13/94). Staff ts requesting re-adoption of thts o~tnance so that the Ctty wtll be in compliance wtth the 46-day publication requtremunt. MOTION BY TO: RFA-O01 -'401 Xylon Avenue North New Ho~e. Minnesota 55428-4898 Tele~nnone: TDD L~ne: 6 ~2.531-5100 6 ~2-531-5109 C, ty Hall Fax Police Fax: PuOlic Works June 15, 1994 Mr. & Mrs. William Kranz 3043 Louisiana Avenue North New Hope, MN 55427 Subject: PLANNING CASE 94-17, REQUEST FOR REZONING FROM I-t, lIMITED INDUSTRIAL, ZONING DISTRICT, TO AN R-l, SINGLE FAMILY RESIDENIlAL, ZONING DISTRICT Dear Mr. & M~. Kranz: At the City Council meeting on June 13th, the Council approved an ordinance amending the New Hope Zoning Code by rezoning Lots 1 and 2, Block 1, Kranz Addition, from an I-1, Limited Industrial, Zoning District, to an R-l, Single Family Residential, Zoning District. If you desire to proceed to construct a new home on Lot 2, please contact Doug Sandstad, Building Official, for the proper permits. If you have any questions, please feel frm to call me at 531-5119. Sincerely, Daniel I. city Kirk McDonald Management Assistant/ Community Development Coordinator Family Styled City ~ Fo~ Family LivinE COUNCIL ~ REQIIF T'FOR ACTION Originating Department Approved for Agenda A~enda Section vevelopmem City Manat~er & Plannin$ ,~, Kirk McDonald i ] 6-13-94 Item No. B~. Management Assistant By:.// 8.3 PLANNING CASE 94-17 - REZOlq{NG FROM I-1 (LIMITED INDUSTRIAL) ZONING DISTRICT TO R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT, 3043 LOUISIANA AVENI~ NORTH, WILLIAM AND LOUISE KRANZ, PETITIONER The petitioners are requesting to rezone property located at 3043 Louisiana Avenue North from I-1, Limiwi Indusirial, Zonin~ District to R-l, Single Family Residential, Zonin~ District, pursuant to Sections 4.20 and 4.24 of the New Hope Zoning Code. The property consists of two well maintained, adjacent lots located at the southeas~ comer of the City on the edge of an I-I, Limited Industrial, Zoning District. The petitioners reside in a single family home on the south lot and desire to con.m-uct a new single family home on the north lot Due to the fact that the property is zoned I-1 and the residential use is considered a non-conforming use, a rezoning to R-1 is necessary if a new home is conslruc~ because City Code prohibits the expansion of non-conformin~ uses. The petitioners state that they have resided on the pwpeny for 44 years. They desire to rebuild on Lot 2 and sell Lot 1. They state thai they feel that an error was made some time a~o when the property was zoned Light Industrial. They s~ate that they were unaware of the rezonlng until the roadway was conslruc~ and they were assessed the indnslrial assessment rate. They state that the vacant Lot 2 is useless zoned as I-1 proper~ because k does not mee~ th~ I-1 on~ acre minimum lot area requirement The Planning Commission considered this reques~ at their Sune 7th meetin~ and a motion to approve the rezonin$ failed in a 3 to 3 vote. If the City Cou~51 ~ ~o approve the reques~ by rezonlnE the property, the enclosed ordinance should b~ adop~d at tonight's meeting. Or, the City Council may wish to direct staff to prepa~ ~ for denial and a resolution would be presen~ at the June 27th meeting. RFA-O01 ~ COUNCIL I/EQUE~T FOR ACTION Originating Department City Manager Approved for Agenda Atlenda Section Development & Planning  Item No. Kirk McDonald 3-13-95 Management Assistant By:. 8.1 RESOLUTION ORDERING CONSTR~CTION OF IMPROVEMENT NO. 527, APPROVING INDEPENDENT SCHOOL DISTRICT NO. 28 I'S PETITION FOR LOCAL IMPROVEMENT AND APPROVING THE AGREEMENT FOR ASSESSMENT AND WAIVER OF This resolution deals with the Cooper High School Street Improvement Project required by the original Conditions of Approval for the Cooper High School' conditional use permit adopted at the October 10, 1994, City Council meeting. The public hearing on the street project was held at the February 13, 1995, meeting. However, the project was not ordered at that meeting because final costs needed to be determined and the City needed to obtain a signed Project Petition and Assessment Agreement from lSD 281. These issues have now been resolved and the City Council can now adopt the resolution ordering the project. As the resolution indicates, assessments will only be levied against the District's property in accordance with the Assessment Agreement. The resolution also authorizes the Mayor and City Manager to sign the Assessment Agreement and approves the District's Petition for local improvements, which is required by Minnesota Statutes. Staff recommends approval of the resolution. MOTION BY TO: /~A-O0! STLIVIIN A. l, ONotqAll MICHAEL R. L4FLEUR Ma.qTIN P. MALEC,NA WILL&MC. STRAIT COR~UCK & SOND~L. P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 FAX (6"12) 4~S-S#T LAVON/41E F~ KESKE March 8, 1995 Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Cooper High School Street Project Our File No: 99.65275 Dear Kirk: Please find enclosed for consideration at Council meeting the following Resolutions Street Project: the March 13, 1995 regarding the Cooper Resolution Ordering Construction of Improvement No. 527, Approving Independent School District No. 281's Petition for Local Improvement and Approving the Agreement for Assessment and Waiver of Irregularity and Appeal. Resolution Awarding Contract for the Construction of Improvement No. 527. Resolution Approving Revised Conditions of Approval for Planning Case 94-14 to Allow Athletic Facility Expansion at Cooper Nigh School. Basically, the first two Resolutions deal with the Street Project requira~b¥ the original Conditions of Approval for the Cooper High School CUP adopted at the October 10, 1994 City Council meeting· As you will recall, we had the public hearing on the street project at the February 13, 1995 meeting. However, the project was not ordered at that meeting so we could allow the bidding process to run its course, determine final costs and obtain a signed Project Petition and Assessment Agreement from ISO 281. These tssues have now been resolved and we are now ready to adopt the Resolution Mr. Kirk McDonald March 8, 1995 Page 2 ordering the project. As this Resolution indicates, assessments will only be levied against the District's property in accordance with our Assessment Agreement. The Resolution further authorizes the Mayor and Manager to sign the Assessment Agreement and approves the Bistrict's Petition for Local Zmprovement required by Min~. Stat, §§429.031 and 429.035. After the adoption of the Resolution Ordertng Construction of Improvement No. 527, the Council should then adopt the second Resolution Awarding the Contract. As indicated in the Resolution, the successful bidder is Hardrives, Inc. at $639,445.90. The assessment allocation for these contract costs plus an additional 15~ for indirect costs are set out in the Assessment Agreement. The total project cost including indirect costs are $736,362.79. The third Resolution deals with the Conditional Use Permit arising from Planning Case 94-14 and not the street project. This Resolution approves recommended revisions to the Conditions of Approval now accepted by the School District Board at its March 6th, 1995 meeting. These revised Conditions of Approval relating to the School District's Conditional Use Permit requested by Planning Case 94-14 should be adopted by the third resolution. A copy of the revised Condt. ttons of Approval are enc]osed as well. Contact me if you have any questions. Very truly yours, -Steven A. Sondra11 slw2 Enclosures CC: Oant~l~d. Oonahue ValerO' Leone (w/enc) s~ A. SONO~AI.I. MICMAm R. I,~oI,EUI~ MA~T1N IS. IIMJ, EC~A ~UAII C. SlI~AIT COmUCK & SOSD~,[;-. P.A. ATTORNEYS AT [.,AW Edinburgh Execut/ve Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 W (112) 42s.#71 FAX (ri2) ~ LAVON~ SHARON O 0E~aY ' March 3, 1995 Mr. J.E. 8rt11, Jr. 100 Washington Avenue Minneapolis, MN 55401 ORE: Cooper High School Street Our Ftle No: 99.65275 Dear Jerry: Project Confirming our phone conversation of March 3, enclosed copies of the revised documents: · 1. Agreement of Assessment and Waiver of Appeal; ' 2. Permanent and Temporary Easement for Maintenance of Public Improvement; and 1995, please find Irregularity on Construction and 3. Condtttofla of Approval. ~flAiso enclosed ti another Permanent and Temporary Easement for \V/Construction and Maintenance of Publtc improvement relating to the ( public storm sewer &leo I part of this project. URegerdtng the Aeeeelment Agreement, paragraph 4 was changed to add a reference to the City's payment for right-of-way easements at the end of th~rtt sentence. Regarding t~ ~dtttonl of Approval, changes were made to page 5 and e of the ~~nt. On the top of page 5 relating to sublectton (v), your r~ueated language wal added to indicate that no IXGlUSiVl Armltr~G High 8ch~l events would be allowed at the Cooper facility. On page e relattng to subsection (g), all references to the Site [mprovement and Develo~ent Agre~ent and financial guarantee were reKved la we discussed atnce improv~ents are not being made by the echo1 D/strict tn the right-of-way. Mr. J.E. Bril], Jr. March 3, 1995 Page 2 Regarding the easement document, all of your recommended changes were made to indicate two street easements are being conveyed by the document. It is my understanding the Petition for Local Improvement currently in your possession is satisfactory and therefore, it was not changed. Also, our City Engineer has been contacted and will forward a copy of the easement diagrams to Mr. Dahle Drior to the March 6, 1995 School Board meeting. By copy of this letter to Mr. Dah3e, ! am also forwarding to him the original documents for consideration at the School Board meeting as well. Hopefully this takes care of all the loose ends. Please contact me if you have any further questions or comments. Very truly yours, Steven A. Sondral 1 New Hol3e City Attorney slf2 Enclosures cc: Dante1 J. Don&hue, New Hope Ctt~~ K~rk McOon&ld,. Management Jim Dahle AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAl Parties. The parties to this agreement are the City of New Hope (hereinafter "City") and Independent School District #281 (hereinafter "ISD 281"). Purpose. The purpose of this agreement is to set out the respective cost sharing agreement between the parties relating to the construction of Cooper High School Street/Parking Lot and Utility Improvement Project No. 527. Said project and estimated costs are more fully described in the January 3, 1995 engineering feasibility report prepared by Bonestroo, Rosene, Anderlik & Associates, engineers for the City. This agreement is also partial consideration for the City's agreement to approve ISD 281's request for a conditional use permit to allow the construction of an athletic stadium at Cooper High School per ISD 281's planning case 94-14 request. It is acknowledged and agreed by both parties that Improvement Project No. 527 is necessary to ISD 281's requested CUP as evidenced by the Conditions of Approval executed by both parties pursuant to paragraph 3(b)(1-5) of said document. Cost Sharing A~reement. ISD 281 agrees to pay the following costs of Project No. 527 in consideration of the action of the City Council to cause the construction of said project. The City agrees to pay all remaining costs of Improvement Project 527 and the City further agrees to construct said'project in accordance with the City Engineer's January 3, 1995 feasibility report and all plans, specifications and modifications thereto prepared in accordance with said report. The project cost submitted by the lowest responsible bidder plus additional engineering, construction interest, administration expenses and legal (indirect costs) is $735,362.79. lSD 281 agrees to pay actual costs pursuant to the fotlowing percentages as follows: ia) 5011of the project costs for improvements to 47th Avenue NOrth. The bid price is $273,848.00. ISD 281's share is $124,924.00. This amount reflects a $12,000.00 credit given to ISD 281 as compensation for the fair market value of all street right-of-way and utility easements required from the District to construct Project No. 527. (b) 50% of the project costs for improvements to Zealand Avenue north. The bid price is $78,484.50. IDS 281's share is $39,232.25. (c) 50% of the project costs for improvements to the Cooper High School parking lot abutting 47th Avenue North. The bid price is $124,590.85. ISD 281's share is $62,295.42. (d) 60% of the projects costs for new lighting in the parking lot abutting 47th Avenue North. The bid price is $34,875.25. ISD 281's share is $20,925.15. The District's 60% allocation on this cost is based on the District's request for new lighting standard upgrades instead of using existing standards. (e) 70% of the project costs for the Cooper High School north or rear parking lot. For the purpose of this agreement the north or rear lot is defined as that area lying north of the north line of the west parking lot along 47th Avenue North. All costs associated with construction occurring north of the described line will be subject to this percentage calculation. The bid price is $74,495.10. ISD 281's share is $52,146.57. The City is sharing 30% of the rear lot costs due to public storm sewer construction costs included in the bid price. (f) 100% of the project costs for new lighting in the north or rear lot. The bid price and IDS 281's share is $2,646.20. (g) (h) 100% of the project costs for 2 grit chambers required by the Shingle Creek Watershed District's approval for the parking lot construction to enhance water quality from the lot's runoff. The bid price and IDS 281's share is $20,304.00. 15% for indirect costs on the District's $322,473.59 portion of the total construction cost. ISD 281's share of indirect costs are $48,371.04. It is understood and agreed by the parties hereto that change orders can affect the cost of the project. Change orders are gener&)l¥ generated by unforeseen construction circumstances or project design changes. The parties acknowledge and agree that all change orders increasing total project costs and assessed costs under this agreement must be mutually agreed to by the parties. However, the parties further agree that consent to any change orders resulting from unforeseen construction circumstances will not be unreasonably withheld and additional costs from change orders due to unforeseen construction circumstances will be assessed in accordance with the percentages set out in this paragraph, Further, it is understood and agreed that the bid prices are based on estimated material quantities to be used in construction. Again, the final cost to each party will be based on the cost for the actual quantities used during construction assessed in accordance with the percentages set out in this paragraph. Street/Utility Easement. ISD 281 further agrees to convey to the City ail necessary street/utility easements required to complete the project at no cost to the City other than stated in paragraph 3(a) above. It is understood the legal descriptions for any easements must be mutually acceptable to both parties. Any and ai~ surveying costs to determine said easements wi]] be considered as part of the project costs, Waiver of Irregularities. ISO 281 expressly waives objection to any irregularity with regard to Improvement Project 527 assessments and any claim that the amount levied against [SD 281 property in accordance with this agreement is excessive, together with all rights to appeal in District Court under ~inn. Stat. Chap. 429 or any other federal, state or local law, rule or regulation. Provided, however, that [SD 281 shall retain the right to object to any arbitrary, unreasonable or capricious actions of the City in connection with said ~mDrovement, other than the propriety thereof, the District's share in the cost thereof as set out above, or the City's right to levy an assessment therefor against the District's property. Dated; , 1995. INDEPENDENT SCHOOL DISTRICT 281 By Keith li~a~er9, I t s Cl~tnaan CITY OF NEW HOPE By Edward J. Erickson, Its Mayor By Thomas Bol 1 i n, Its Superintendent By Daniel J. Donahue, Its City Manager COUNCIL REQIIF~T FOR ACTION Originating Department City Manager Kirk McDonald Management Assistant RESOLUTION AWARDING IMPROVEMENT NO. 527 Approved for.~4lenda A~enda Section vevelopmen~ & Planning j~ 3-13-95 ItemNo. COI~CT FOR THE CONSTRUCTION OF After the adoption of the Resolution Ordering Construction of Improvement No. 527, the Council should proceed to adopt this Resolution Awarding the Contract. As stated in the resolution, the low bidder is Hardrives, Inc. in the amount of $628,492.15 (this. includes a deduct of $10,953.75 for alternates 2 and 3 for PVC instead of RCP). The assessment allocation for the contract costs plus an additional 15% for indirect .costs are set out in the Assessment Agreement. Staff recommends approval of the resolution. MOTION BY ~'--'~ ~'~ ~ SECOND BY RFA-O01 RESOLUTION NO 96- RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION O; IMPROVEMENT NO, 527 (cooper High School ~tre®t/Parktng Lot Project) BE [T RESOLVED by the City Council of the City of New Hope as follows: 1. That btds for the construction of Cooper High $=hool Street/Parking Improvement No. 527 were duly opened st the New Hope City Hall, 4401Xylon Avenue North, at 11:30 o'¢1ock a.m. Oh"the lOth day of February, 1996, e~ heretofore authorized by this Counotl. 2. That aOvertlsement for bids for the construction of sa4d Improvement wa~ published in the New Hope-~olden Valley Sun-Post, the official newspaper of the Ct. ty, on the 18th day of danuary, 1995, and In The Construction Bulletin on the 13th end 20th days January, 1995. 3. ]t ts hereby foune and determined by this Council that the bis of Hardrtvea, Tnc. for the construction of said project In the amount of ~628,49E.15 ~s the lowest responsible bid submitted for the construction of said Improvement: that Boneetroo, Roeene, Anderlik & AssOCiates, [nc., E~gtneere for the City, :have recommended to this Counctl the sa~d lo~ btd for the aware of the contraot for the =onstructlon to the designated lo~eat responsible 4. The Mayor end Manager are authorized and dtreotad o e. nter 1nrc an imlarov~ent contract for the construction of l~:c~e°rv,eme::bj~otth~on"~:eo~atlhd. CcLtnY__?_~_t_h thee lowe. a.t responsll~le · raol;or Turnian~ng contractor'l surety bond, conditioned as required by Adoet~4by tho Ooun~tl thts lath ely of March, 1995. At t est: Valet, s Leone, City Clerk Edw. J. Ertokeon, Mayor Bonestroo n Rosene Anclerlik & 1 kl 11 Associates Engineers & Architects Mm'ch 9, 1995 City ~of New Hope 4401 Xylon Aventm N. New Hope, MN 5~42JI Jetty ~ ~on, M~e~ A. ~ ~. F~, PE. PaUl J. T~mal Ammion: Kirk McDo~id Cooper 16sh ~/~ool ~ Lot and Utility City Project No. ~27 - File 34174 Bids we~ received for tho above project Friday, Februsry 10, 199S. Th~ low bid of the'ninf~ (9) bJda nsc~ved was from I-lardriv-- lin:. ~t S639,445.90. Ausbd is a breakdown of tho Iow bid amount compamt to the amot~ eltimatad ia the prelimiaary repm~ Also noted L~ the pmpaed coat shatin~ betw~n School District No. 2,1 and New Hope as qreed to by both _ School Distric{ No. 281 did awed ~ Athletic Field Imgovemeul~ Project ~ their Mm~h 7 board meetin8 continpm upon N~w Holm &wardin~ this I:mjeet for th~ Street/Parking Lot tmpr(~vemeuts. Altenmm bids ~ reo~ved, which am disguBM below: · Crmbod eoneme in lieu of I00~ cnabd ~ bile - dedim $3,050.00. · PVC storm sewer pipe in I.leu of RCP storm ~eWl pipe - dodu~ S10J53.'/S. · Polyethylene storm #wi 121120 (dual wall) in lieu of RCP form sewer pipe- deduct S16,450.00 Afar r~d~S tho almnl bids it is zeommmdbd th0 I'VC almum for storm server bo accepted whie, h results in a S10,953.75 deduct fi, am the hue bid. Tbemlbm, it is fl~nnmndad the Cooper High School ~ Lo~ hlnvemem Projm b ~ m HEdrivu lag. fee S628,492, l S whie. h hcludm ~bo FVC alte~t It should be noeM, I condition of the comrKt award is that nil euementa will be granbsd by the Selmol District, Sincerely, BONESTROO, ROSENF,, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:Ik 233S West Highway' 36 · st. paul, MN SSI13 I 612-636-4600 9~: £T COOPER'HIGH SCHOOL STREEF / PARKING LOT & UTILITY IMPROVEME~S --.. PRO~ NO. 527 -' ._ 47th AvcntE Zealand Avenue cooper PadtinS Lot (47m Ave.) P~kinr. Lot LilMin~ (4'~h Ave.) ~ Pa.,ki~ Lot (Rr.,u Lot) Parkin~ Lot Li~tinz (Rear Lot) Storm Scwex (Palkin~ Lol to 4gzh Ave.) Sub Total 2 Each - C~t Ctmmbcrs OVatcr Quality) 163,Z25~0 0.00 31,210.00 78,464.5O 74,495.10 S619,141.90 $20,.304.00 39,232.25 6~295.43 13,950.10 (4)22,348.53 $316,972.31 + !$'~ Indirect Cost $364,518.16 $124,924.00 39,232.25 62,295.42 o)20,925.15 52,146.57 2,646.20 $302,169.59 + 15~]ndi~ect Cn.~ $.t47,4~ .03 + LS~ ~ c~ Bid amount includes new parking lot righting Cost Sharing 50% plus $12,000 filM-of-way acquisition ($273,848 x 0.5 + $12,000) Cost Sharing 60% duc to new lighting upgrade Cost Sharing 30% duc to public storm sower construction in rcm' lot t364,S!8.1~ $23,349.60 COUNCIl, REQUEST FOR ACTION Orlgina~ Depaz Uaent City Manager Kirk McDonald Management Assistant Approved for Agenda A~enda Section Development & Planning  3-13-95 Item No. 8.3 / RESOLUTION APPROVING REVISF. D CONDITIONS OF APPROVAL FOR PLANNING CASE 94-14 TO ALLOW ATHLETIC FACILITY EXPANSION AT COOPER HIGH SCHOOL This third resolution related to the Cooper Project deals with the Conditional Use Permit from Planning Case 94-14 and not the street project. This resolution approves recommended revisions to the Conditions of Approval, which were accepted by the School District Board at their March 6, 1995, meeting. Changes were made to page 5 and 6 of the document. On the top of page 5 relating to subsection (v), langnm~e was added to indicate that no exclusive Annslrong High School events would be allowed at the Cooper facility. On page 6 relating to subsection (g), all references to the Site Improvement and Development Agreement and financial guarantee were removed since improvements are not being made by the School District in the right-of-way. Staff recommends approval of the resolution approving the revised Conditions of Approval. RFA-O01 RESOLUTION 95- RESOLUTION APPROVING REVISED CONDITIONS OF APPROVAL FOR PLANNING CASE 94-14 TO ALLOW ATHLETIC FACILITY EXPANSION AT COOPER HIGH SCHOOL WHEREAS, Independent School District No. 281 (Petitioner) has petitioned the City of New Hope for a Conditional Use Permit to expand its athletic facility at Cooper High School pursu&nt to Planning Case 94-14, and WHEREAS, the City Council at its October 10, 1994 Council meeting adopted Resolution No. 94-157 Accepting Conditions__of Approval relating to the Conditional Use Permit requested by Planning Case No. 94-14, and WHE_~, the BOard of the Independent School District No. 281 and the City Council have reviewed various revisions to the Conditions of Approval originally adopted by Resolution ~o. 94-157, and WH_~, said revisions have been incorporated into the Amended Conditions of Approval attached to this Resolution as Exhibit A, and WHE__~, the Board of Independent School District No. 281 has accepted the Amended Conditions of Approval attached to this Resolution at its March 6, 1995 meeting, and has submitted to the City a copy signed by duly authorized officials. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: That the Amended Conditions of Approval attached hereto as Exhibit A ere hereby approved by this City Council as Conditions relating to the approval of the Conditional Uae Permit granted to Independent School District No. 281 to allow the expansion of the athletic facility at Cooper High School pursuant to Planning Case 94-14. That the Conditions of Approval adopted as part of Resolution No. 94-157 are hereby revoked and replaced by the attached Amended Conditions of Approval. That the Mayor and City Manager are hereby authorized and directed to sign a copy of the Condi-ttone of Approval attached hereto as Exhibit A. Adopted by the City Council of the City of New Hope this 13th day of March, 1995. Edw. J. Erickson, Mayor At t est: Valerie Leone, City Clerk NEW HOPE PLANNING CA~. 94-14 REQUEST FOR CONDITIONAL USE PERM]T AMENDMENT AND S[TE/BU[LD[NG PLAN REVIEW/APPROVAL TO ALLOW EXPANSION OF SCHOOL USES IN R-1 ZON]NG DISTRICT, INDEPENDENT SCHOOL DISTRICT 281 PETITIONER e CONDITIONS OF APPROVAL ~. The purpose of this document is to set out Proposed conditions of approval for Petitioner's application on expanded conditional use permit to allow construction of-an athletic stadium at Cooper High School. Cooper High Schooi has a common address of 8230 47th Avenue North, New Hope. ~eed for Conditiony. Cooper High School is situated in the middle of a single-Yamily residential zoning district. It is boarded on the south by 47th Avenue North, on the north by 49th Avenue North, on the west by Zealand Avenue North, and on the east by Virginia Avenue North. These streets are constructed to a residential standard. New Hope City Code requires non-residentia~ schoo] traffic to be channe]ed to a "collector type" street (i.e. 70' minimum ROW and 44' minimum street width). The referenced streets do not meet these standards. Cooper is currently considered a legal non-conforming use. When it was built the City Code did not require a collector street Standard for streets serving Cooper. The conditional use requirements were passed at a later date (specifically 1979). As a result, Cooper is "grandfathered" as a leg&l non- conforming use despite daily traffic counts from non- residential school traffic exceeding desirable vehicle trips for residential street design. City Code does not permit the expansion of legal non- conforltng uses. Due to traffic problems the City proposes to grant the Conditional Use Permit requested by the District contingent upon the District's acceptance of the following Conditions of Approval. Conditions of ADoroval. The following conditions shall apply to the City's approval of Petitioner's CUP application: Exhibit A bw The Cooper athletic facility design plan shall be subject to review by the City Engineer as to compliance with the City Code and shall include, but not be limited to, the following requirements: 1) The field shall be moved approximately 120' north and 20' east of its proposed location. 2) 3) The field shall be lowered approximately 7' Home bleachers shall be located-on west side of field (2,000 seats, 16 rows); visitor bleachers shall be located on east side (500 seats, 10 rows). 4) The dry detention basin located north of the football field shall be eliminated to allow the discuss and shot put event to be located in this general area. The Shingle Creek Watershed requirements for storm water quality shall be satisfied as set out in its September 8, 1994 watershed recommendations item 12-8 provided that the City shall not share in the cost thereof. 5) The existing north-south storm sewer through Cooper High School to 49th Avenue North shall be given to the City and a 20' wide drainage and utility easement shall be dedicated over it. The City will update and modify the existing storm sewer as required and extend it to the new low point in 47th Avenue North. 6) The excess material resulting from lowering the field, relocating the parking lot and reconstruction of 47th Avenue North shall be used to construct a berm on the west and north side of the field. Consideration should also be given to redirecting the discuss area. to the east to allow additional material to be placed north of the field. The problem of nonresidential traffic generated by the school, referred to above, shall be resolved as follows: I) Cooper's existing parking lot located iaaediately north of the New Hope Elementary $chool shall be relocated north to allow 47th Avenue to be extended between Del Drive and Zealand Avenue. A 66' wide 2 2) 3) ~) right-of-way shall be dedicated through the parking lot between De-1 Drive and Zealand. The southerly ROW line will be located approximately 50' north of the New Hope Elementary School building. Additional right-of-way shall be dedicated west of Zealand Avenue abuttin9 New Hope Elementary School and Highview School to provide a full 66' wide right-of-way. (The existing right-of-way is 60' wide west of Zealand Avenue). Zealand Avenue shall be cul-de-sac opposite 4757 and 4765 Zealand Avenue (45' radius offset to east). Additional right-of-way (60' radius) will be dedicated by school district. The residential portion of Zealand Avenue north of the cul-de-sac will access 49th Avenue while the southerly portion serving Highview School, Homeward Bound, and the westerly exit to Cooper's parking lot shall access 47th Avenue. A cul-de-sac shall not be provided on the southerly portion. The City will properly maintain the southerly portion of Zealand Avenue to Cooper's parking lot. Zealand Avenue's east curb line shall be relocated 10' to west, sidewalk shall also be relocated allowing for 8' wide boulevard on east side of Zealand Avenue. The City of New Hope and School District shall equally share in the cost of the improvements in Zealand Avenue, 47th Avenue, and Cooper's 47th Avenue parking lot. The estimated project cost is $600,000 to $700,000. Zf actual costs exceed $700,000, it is understood that the new costs shall require approval of both the New Hope City CoUncil and the Board of the School District. The cost to update, modify and extend the north-south storm sewer between 47th Avenue and 49th Avenue across Cooper H~gh School shall be New Hope's responsibility. The School District shall have the option of financing its share of these street and parking lot improvements by petitioning the City for said improvements pursuant to~LD_O_~a~[.~l~Chap. 429. The City will assume construction and financing responsibility for the street improvements. The School District,s allocated and agreed upon share of said costs will be assessed against their property and paid over time subject to an interest rate mutually acceptable to the parties and a term of up to ten (10) years, as determined by the School District, The School District shall comply with all provisions of its proposed June 21, 1994 Traffic Management Plan prepared by Allan Klugman of Westwood Professional SerVices, Inc., attached hereto as Exhibit A. In addition to the provisions of said plan, the School District shall provide at its cost such police, reservists or attendants which are, in the opinion of the New Hope Chief of Police, sufficient to control traffic at all facility events. This number will be based on maximum crowd capacity. Fewer attendants may be permitted if a significantly smaller crowd anticipated, The School District shall comply with all provisions of its proposed June 30, 1994 Athletic/Physical Education Complex Management Plan/Operational Plan prepared by R. "Whitey" Johnson, Project Director, attached hereto as Exhibit B. The School District further agrees to amend the plan relating to the following issues: 1) Snow Storage. Snow storage in Lot C will be accomplished at the south rather then the north end. 2) Noise. The School District also agrees to submit a Noise Impact Statement to address noise related concerns if deemed necessary by the City. 3) ~itter. The School District also agrees to publish a telephone number for neighborhood complaints relating to litter problems after facility events. The School District agrees to respond to all complaints in an appropriate manner. Facility Usaee. The athletic facility will be limited to only Cooper events as follows: ii) four (4) varsity home football games plus any post-season competition; seven (7) varsity home soccer games plus any post-season competition; 4 iii) any legitimate daytime school activity; iv) the spring graduation ceremony; v) it is expressly agreed that no exclusive Armstrong High School events will be held at the Cooper facility. The Design Plan proposed by the School District shall comply with all conditional use permit standards· These shall include, but not be limited to, the following: 1) Additional bus parking spaces shall be provided, if needed, as determined by the City, after one year of operation. 2) 3) All lighting on-site shall be arranged to not reflect onto adjacent property. All signage on-site shall comply with the New Hope Comprehensive Sign Code. The School District further acknowledges and agrees to comply with its revised plan to upgrade the athletic facility submitted as part of Planning Case 94-14. addition to the conditions stated herein, these plans include, but are not limited to, the following: 1) Additional screening at the west end of the parking lot. 2) 3) Potential parking spaces for 2 more buses. Relocation of the perimeter fence to an area immediately north of the field to provide more open space. ~) Location of trash receptacles indicated on the pl an, s) A defined schedule of site improvements for New Hope Elementary School including the following: i) ii) parking lot upgrade including sealcoattng and curbing by September, 1997; storm water drainage and deficiencies resolved by September, 1997; iii) the fields west of New Hope Elementary do not properly drain. It is recommended New Hope Park & Recreation Department and the School District review the use of the fields west of New Hope Elementary and evaluate if reconfiguring the fields is beneficial because it is expected excess material from the football/soccer field and street/parking lot improvements could be disposed of in this area to allow the fields to be properly graded to drain. The CUP shall be subject to annual review by City staff. The School District shall also execute all necessary documents to dedicate street right-of-ways and utility easements discussed herein. The School District also acknowledges it must comply with all requirements of the Shin91e Creek Watershed District and all other governmental entities, if any, having jurisdiction over this upgrade project. Effect of Agreement. The foregoing Conditions of Approval, as set forth in paragraph 3 above, shall constitute a general framework for the proposed City/School District Plan. The City Council's October 10, 1994 approval of the Conditional Use Permit, and the signatures below, are contingent upon the acceptance of the Conditions of Approval by the Board of the School District. The parties acknowledge that conditions may change in the future in a manner not contemp]ated by them at this time. Therefore, the parties agree that the Conditions of Approval shall be reviewed at ]east annually and thereafter may be amended with the consent of the City Council and the School Board. Dat ·: [NDEPENDEN%:..~CHOOL DISTRICT NO. 281 CITY OF NEW HOPE Keith Moberg, Chairman of $chool Board [ndependent School District No. 281 By Edward J. Erickson, ]:t s Mayor 6 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda City Manager & Planning Kirk McDonald I J 3-13-95 ~ Item No. Management Assistant ~.~ ' --~ $. 4 MOTION REJECTING ALL I~/DS FOR CONSTRUCTION OF HANDICAPPED ACCESSIBLE TWIN HOME AT 7901 AND 7909 51ST AVENUE NORTH AND AUTHORIZING ADVERTISEMENT FOR BIDS WITH REVISED SPECIFICATIONS FOR Staff is recommending approval of a motion by the City Council that rejects all of the bids recently received for the construction of the handicapped accessible twin home at 7901 and 7909 51st Avenue North and authorizes adverl/sement for new bids with revised specificat/om for the project. Bids were opened on February 23rd and are listed,, with alternates, on the attached bid sheet. Six bids were received but only four are eligible because one was not accompanied by a bid bond and one was received late. Alternate 2 of the bid package was for water/sewer service installation. There is one existing sewer/water connection on the property from the former single family home which can be utilized for one of the twin homes, however, an entirely new service needs to be installed for the other haft of the twin home. The sewer lateral in 51st Avenue is 18 feet deep and, per the City Engineer, this is a difficult sewer connection due to the depth in the street. It was staff's original intent to have the building contractor construct the home and install the necessary sewer/water connections and it was felt that the contractors would research the cotmruction that was necessary. After receiving the bids however, with alternates for the water/sewer work ranging from $3,200 to $13,700, it is obvious that some contractors did not realize the difficulty of the sewer work on which they were bidding. The variety of bids received for this alternate ~ th~ total bid amounts. MOTION BY -~ f~ I Request for Action Page 2 3-13-95 The City Engineer has received three quotes for the utility work from contractors with which the City has worked in the past and the bids ranged from $9,375 to $15,520. After discussing this matter with the City Engineer and City Attorney, staff is recommending that the specifications be revised to exclude the sewer/water work and to seek bids from building contractors for construction of the twin home only. Staff is recommending that the City be responsible for the sewer/water work and seek quotes from a water/sewer contractor and award to the low quote. This will allow the Council and staff to compare separate quotes for building construction and for sewer/water installation and will allow the City to have more control over the utility work to insure that it is installed properly. Staff recommends approval of the motion. EDA  REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA Kirk McDonald,,f'-)3-13-95 Item No. By:. Management Assistant By:.]~/ ' 4 DISCUSSION REGARDING "SHOP NEW HOPE' CITY-WIDE RETAIL PROMOTION Staff request w discuss with the EDA the idea of a "Shop New Hope" City-wide retail promotion. One of the 1995 goals of the City Council and staff is w improve communication/coordination bev,veen the City and the retail/commercial businesses in New Hope. Since the beginning of the year the Mayor and City Manager have contacuxi or met with the majority of owners/managers .of New Hope's commercial centers and major retailers including Midland Center, Poste Haste Center, Winnetka Center, Winnetka Commons, K-Mart and New Hope Mall. The purpose of these meetings has been to inquire how the City can better assist the business/retail environment at these locations and to f'md out if the shopping centers and major businesses would cooperate with the City in a "Shop New Hope" promotion. It is anticipated that such a promotion would be jointly funded by the City and businesses and would educate residents about shopping opportunities in New Hope. Such a promotion could be coordinated in conjunction with Duk Duk Daze. The majority of shopping center/retail business owners and/or managers indicated that they would be very ~pportive of the program and would participate. Staff also has met with Key Group Advertising, Inc., the promotion company utilized by Kraus- Anderson, to discuss the City-wide retail promotion idea. Key Group indicated that they thought the idea was very progressive and forward thinking and that they would like to work with the City on the development of these ideas in the coming months. Key Group could assist in the development of a budget for the promotion and would assist in coordinating group meetings between the retailers and MOTIO/~ SECOND BY Review: Administration: Finance: RFA-O01 ~ Request for Action Page 2 3-13-95 the City to develop the program. Several of the ideas discussed to date for the promotion include~--~ possible discounts for purchases made at local businesses or the development of a map/directory ol New Hope businesses. Staff is seeking direction from the EDA on this idea. Staff is proposing that the City's contribution for the program for this year could total approximately $25,000 and would be derived from the 1995 EDA budget ($14,000) and from surplus EDA funds ($11,000). The City's contribution would be made as a match from local retailers. If the EDA is supportive of the concept, staff would proceed to organize a meeting with all commercial/retail businesses in the City to develop program ideas and work with a consultant on coordinating the program. NEW HOPE SHOPPING CENTERS Midland was built in three phases from 1961, 1965, and 1967. Originally, the anchors were a grocery store, drug store, and bank. New Hope Mall is located on the comer of 42nd and Winnetka. The original mall was constructed in 1965 with stores being accessed from the interior of the building. The original anchors were a Red Owl grocery store and a liquor store. After the grocery store and liquor store left, the owners of the mall tried to make New Hope Mall into an outlet mall. In 1985 US Swim & Fitness came to the City and stated that they were interested in opening a gym if the mall was expanded and renovated. The mall was gutted and additions were built to house the US Swim & Fitness and Applebee's Restaurant. K-Mart was built in 1971. The site originally continued as a K-mart and a 21,000 square foot Elm Farm grocery store. The g~cery store closed and was replaced with the Old America Store. Post haste is located on Highway 169 and 36th Avenue North. It was built by Jerome Showalter in 1971. Mr. Showalter still owns the property. The anchors were Ole Piper Inn and a PDQ ~ store ~hich have since closed. A Bridseman's Restaurant is considering moving into the old Ole Piper Inn site. Winnetka Center was built in 1979 directly north of the New Hope Mall. The original anchors were Marquette Bank, t,unds Grocery Store, and a hardware store. Since then the hardware store has closed and the t,unds was replaced by a SuperYalue. The SuperValue will be ciosin$ shortly. Wjuw~_elm Commous . Winnet~ Commo~ i~ lo~d o~ the ~ of 36th ~ W'~ Th~ $i~ w~ originally the home of th~ Holy Nstiv~ Church. la the !~ 19S0's d~ Chumh e~pms~ en interest in exp~din$ tl~ir facili~ to ~,ommod~ their ~rowin$ coa~t~atioa. A ~roup of d~elopers, . Winnetka Asaocim~ were inmrested in clevelopin~ the church sim for commercial purposes, la addition, tim Cit7 was interested in heipin& the church settle at 3900 Quebec which was the location o~m oM NSP tank farm. The City was interested in having the tank farm removed and rezoninlthemu fo~ mo~e compatible uses. NSP removed the tank farm, the site was rezonecL and Holy Nativity Church built an attractive new church on the site. The old church was tom down and Winnetka Commolls was tRlilt in 1990. la additiol~ drainage and pondins issues were resolVed on the site during the development of W'metka Commons. Sheet1 ~ NeW Hope Mill K..MI~t Po~B Hlste Winnetim Center Winnetka Commons When Built 1961 1965 i§71 1971 1979 19g0 17' Currl~ Sq. Ft. 7 ,000 7e. O00 116,600 22,000 92,000 42,600 Cufr~tt kliehoro Ckleml & ~ US'Swim K-Mad Marquette Bank Walgreens Snyder~ Apldebee'8 Old America Store Circus Pizza Tires Plus Original Anchor~ Grocery ~ore Red O~1 KMart Ole Piper Inn Lunds Bank Hard.are Store O~m Engel~r~ Limi~d Peter Ol~mas~r Developers Diversi~l Jerome Sho~r Mike Phulm Winnetka Associates 34555 Chagm Bird Ed Kaufman, C~ystal Moreland Hills, Ohio ~ Kt~u~J~dem~ CB Commercial Jerome Sho~alter Bldg Mgmt, Inc Jackson-Scott Mgmt I)a~b V~n Auken Tim Bloom 537-5462 I.awans Vsmjon · t2-1241 924-4666 541-1335 1984Tsx~ $ 131,159.28 $ 280,273.02 $ 247,989.50 $ 50,719.77 $ 236,023.08 $ 168,690.20 Page I ~) COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Deve~ltSecuon City Manager 8: Planning Kirk McDonald I BY:'~'95 Item No. By:. ManaEement Assistant · 8.1 RESOLUTION APPROVING PLANS 8: SPECIFICATIONS & ORDERING ADVERTISEMENT FOR BIDS FOR STREET AND STORM SEWER IMPROVEMENT NO. 521 (1995 STREET PROJECT) F~e enclosed resolution approves the plans and specifications and orders advertisement for bids for the 1995 Street and Storm Sewer Project (Improvement Project No. 521). Bids would be opened on April 21st and presented to the City Council for consideration of bid award at the April 24th Council meeting. On November 14, 1994, the City Council accepted the Preliminary Report and ordered a Feasibility Report on the size, scope, and cost of undertaking the improvements. The City Engineer prepared a Feasibility Report which discussed the proposed street, storm sewer and utility improvements, the estimated cost for the improvements and the estimated assessment rate per front foot. On January 9th, the City Council accepted the Feasibility Report and directed the City Manager to conduct an informational meeting on the project. An informational meeting was conducted with residents on January 30th. Many residents supported the project, however the residents residing on Quebec and Rhode Island Avenues between 60th and 61st Avenues submitted a petition to be excluded from the project. At the Februa~ 13th City Council meeting, the Council approved a motion deleting these streets from the project, due to the high PCI rankings. A public hearing on this improvement project was held on February 27th and the Council passed a resolution ordering preparation of final plans and specifications. The City Engineer will review the plans and specifications with the Council at this meeting. On March 23rd the residents on 60th 8: 61st between Rhode Island and Sumter Avenues submitted the enclosed petition for exclusion from the proposed 1995 Street Improvement Project //521. Staff recommends that th~ City Council also pass a motion accepting the petition. Staff recommt~ld~ ~ of the resolution. MOTION BY TO: RFA-O01 EDA  REQUEST FOR ACTION Origmattng Depmtment Approved for Agenda Agenda Section City Manager EDA Kirk McDonald Item No. B~. Managemem Assistant DISCUSSION REGARDING CITY-OWNED PROPERTY AT '/528 42ND AVENUE NORTH (IMPROVEMENT PROIECT NO. 474) In 1993 the City acquired the Foremost pwpeny at 7528 42nd Average North for furore redevelopment. As pan of the purchase agreemen~ the City agreed ~o lease the property to Foremost, Inc. for a two-year period. The terms of the lease requked Foremost to pay all real estate taxes, insurance premiums, utilities for the operation, repair/maimenance/upkeep of the building, ere. The City has had a difficult time in getting Foremost to pay the taxes on the property. One unlawful detainer action was initiami which result! in the payment of the 1994 real estate taxes. The lease expires on luly 19, 1995, and the lease payment due on February ls~ was the pro rata share of the 1995 taxes ($10,010.00) which has not been paid. The City was in the process of initialing another unlawfifl de~rdner action when we learned that, as of March 3rd, Foremost was a deftu~ com?~. There is a new entity interests! in acquiring the asse~s (lease) and the acquisition is contingent upon the successful assitmment and extension of the existing lease terms to the new entity/corporation. A represemative from Northland Financ~ Group will be appearing at the EDA meeting to request the EDA's consideration of er, mxii~ the lease under the same terms for a one-year period. As the lease is currently writ-n, it cs-r~t be assiglzd or renewed without the consent of the EDA. Nonhla~ will be requesting the EDA's consent on both issues. Northland has indicat~i that if the lease is not extended per the origiml trams, that they will not pursue the creation of tbe new entity. Also, the bank that holds the title to tbe machinery in tbe buildin~ has guarameed that they will pay the first half-year's ~lxes. Prior to the EDA ~, sm'f will be checking with Hennepin County to determine if the second half rexes can be a~llm~ is no private company in operation at the building af'~r ~Iuly 19th. MOTION BY SECOND BY TO: RFA-O01 CITY OF NEW HoPE MEMORANDUM DATE: TO: FROM: SUBJECT: March 20, 1995 Dan Donahue, City Manager Kirk McDonald, Management Assistant/Community Development Coordinator Zoning Procedures for Adult Day Care Facility Location at Homeward Bound Site, 4741 Zealand Avenue North I have discussed the above named project/property with the City Attorney and Planning Consultant and am providing you with the following information: The rezoning and conditional use permit previously granted for this use at 5501/5425 Boone Avenue would not be applicable to the Zealand Avenue property, as this is a completely different site. Therefore, CareBreak needs to initiate new applications for the Homeward Bound site. The Zealand Avenue property is currently zoned as an R-l, Single Family Residential, Zoning District and Adult Day Care facilities are not a permitted use. CareBreak needs to make an application to have the zoning changed from R-1 to R-5, as Adult Day Care facilities are allowed by conditional use permit in the R-5 Zone. In conjunction with the rezoning application, CareBreak would also need to make application for a conditional use permit. o If this rezoningJCUP are to be approved by 1uly 1st, CareBreak should make the applications no later than May 12th so that the requests can be considered by the Planning Commission and City Council at their June meetings. R would probably be better if they made their applications by April 7th so they could be considered in May. This would give an extra one month for the approvals, if they are tabled by either the Commission or the Council. Please CC: refer to th~ ~ attachments for further information and let me know if you have any questions. Steve Sondtnl~ City Attorney Doug Samistad-, Building Official Alan Brixius, Planning Consultant Improvement Project No. 493 PlanninE Case File #93-12 R'4 AT~LLrTIC R.4 R.4 &.08, '~. Cai! , ~.08A3 (1) - (2) 4.08& "R-5" SENIOR ~ITIZE~ AND PHYSICALLY HANDI:~PPED ~E~iDE~TIAL HOUSIN~ 4.08&i Puroose. The purpose of t~e "R-5" Senior Citizen and Physically Hand,capped C~:~zen Residential Housing Dis:rico is to provide areas withzn the City which are particularly suitable as to location and ameni%ies for elderly and phy$~cally handicapped ho~sin~, and :o limit =he develo~men: of much dis:ric=s to :his type of residential conszruc:ion, and direc:ly tala%ed tom,leman=sty uses. (Code 0726~4, Ord. 88-19) 4.08~2 Permitted Uses. Elderly (Senior Citizen) Housing which is a cond;:~cnal ~se under 4.084 in an R-4 Dis:rio: is the only ~ermitted use in an R-5 Dis:rice, provided however that all of the conditions of Sec:ion 4.084(4). (Ord. 81-1) Cond~:ional Uses, ~-5. Nursin~ Homes. ~ursing homes, but not including hospitals, clinics, sanitariums or similar institutions as defined by 4.022 (100) of this code provided that: Side Yards, Double. Side yards are double the minimum req~remefl:s established for this District and are screened in compliances with 4.033 (3) of this code. (b) Rear Yard Requirements. Only the rear yard shall be used for recrea~ona~ areas. Said area shall be fenced and controlled and screened in compliance with 4.033 (3) of this code. (c) Street access. The site shall ~e served by an arterial or col~eccor street o~ sufficient ca~acicy co accoe~odace traffic whic~ will be generated. (d) Permits and State Laws. All state laws and statutes governing suc~ ~se ere strictly adhered to and all required operating perai:s are secured. (2~/~d~l: Da? Care.-~A state l~ceflsed ~acLl~cy as de~fled ~fl 4.022 ~2) sc ~n~s c~4 provided chat: (a) F~onC Se: ~ck. ~e ~ronc yard depth ~s · m~n~m~ o~ ch~r~y Cb) Rear Yard RequirMeents. Only the rear yard shall be used ~or recreational areas. Said area shall be fenced and (! I controlled and screened in cOmpliance with 4.033 (3).o£ this (¢~~. Loading end unloading of adult day care (d) "Streoz Access. The site and related parking end service is served by in arterial or collector scree~ o~ su~£~cienc capacity to acccm~d&te the tra~ffic which vail be generated. Ce) Permits and State Lave. all scare lava and statutes gove:ni~g such use are strictly adhered to and all required operating permits are secured. (Ord. 88-14) I 07.268~ TO: KIRK McDONALD SARAH BELLEFUIL FROM: DOUG SANDSTAD DATE: MARCH 14, 1995 SUBJECT: REQUEST TO RECONSIDER FRONT WALL SIGN CODE STANDARDS I provide the letters, brought in today, and this comment on the possible change to front wail signage rules. Thie pertains to single occupancy businesses, only. Code Section 3.465 (1) permits a maximum of two front wall signs (on large buildings) provided the area of EACH sign does not exceed 125 sq. fl. This language does not allow the property owner to combine into a single 250 sq. ft. sign. We premise the area upon the size of the "front face" of the building. In this case, the front face is 3,225 sq. ft. and our code would permit the lesser of 15% of 3,225 (483)sq. ft. or 125 + 125 sq. ft. In addition to housekeeping improvements of obsolete language ("General Business District etc. "). We have the substantive issues of both front wall and ground signage. Many business owners have previously requested approval to combine the allowed 75 sq. ft. ground signs (2) into a single 150 sq. ft. sign. [Conditions have been deleted for simplicity.] TO: KIRK McDONALD FROM: DOUG SANDSTAD DATE: MARCH 15, 1995 SU~ECT: GROUND SIGN REQUESTS FOR CODE CHANGES / LENIENCY THIS WEEK In ironic timing that overlaps the New Hope Bowl petition .for front wall sign code changes, two Shopping Centers have called me to discuss relaxing our "tough" ground sign standards for Poste Haste Shopping Center and Winnetka Shopping Center. I suggest that we can approach these inquiries in two ways; Singly, based upon their merits and existing variance procedures and Comprehensively, by reevaluating several basic sign code restrictions (not the entire code) and approving a text amendment. In recent visits to both shopping centers, it is clear that vacancy rates are serious. One reason may be the very modest or limited signage visible from the roadway. Certainly, the Winnetka Center, also, suffers because the structure is remote from the roadway and relies more on signage for identifying tenants. Poste Haste Center (Bridgeman's) has expressed an interest in a ground sign along the west side, visible from State Highway # 169. Staff agree that we should revisit the ground and wall sign area restrictions, recognizing that garish excess is out of the question, but retaining solid commercial businesses makes sense. I propose a 2 week study of Business zone wall and ground signage, with a summary to you by March 29th. TO whom it may concern, I am one of three principal owners of the building for which my son has asked your considerations. I have spoken with the other owners and we are agreed that the changes recommended are acceptable to all of us. If you require, the other . owners are willing to sign off on this matter as well. Time and distance made a phone conversation the reasonable thing to do at this time. We support this change fully, and are available to you if you need our help further. Yours Truly, Gertrude Bender To whom it may concern, I am writing this letter in hopes that you will give' favorable consideration to the changes we are proposing for the front of our building. I feel it is necessary for my. business, set back as it is from the street, to effect these changes in order to be more easily seen and recognized, thereby improving business. I have taken under consideration a number of other options for the front of the building. In all cases I was either not pleased with the look, or found the costs prohibitive in the extreme. This proposal, I believe, accomplishes all of our mutual goals. First and foremost it draws attention to my business. Secondly, it provides pleasing esthetics and helps our building to come into step with the entire upgrading of 42nd Ave. I have seen similary appointed buildings around the metro area, and their impact is at once pleasing to the eye, and functional to the owner. I have contacted the owner of the building and gotten approval for these changes. If I can be of any assistance in helping you render a decision, please feel free to contact me. I will thank you in advance for your consideration in this matter. Yo s 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 Telephone: TDD Line: 612-531-5100 612-531-5109 City Hall Fax: #612-531-51, Police Fax: #612-531-51 Public Works Fax: #612-533-76~ March 10, 1995 Kaufrnan Sign Co. FAX: 788-6715 Attn: Dan Kaufman Dear Sir, I have reviewed your front elevation drawing of the New Hope Bowl and see some possibilities that are encouraging. Any investment in upgrading the 1950's style building will be appreciated However, the sign ordinance presents a technical problem, as we discussed Please ask the legal property owner to send a quick letter to me requesting consideration of the same signage plan you have submitted. This building has a severe setback from the street of primary visibility, increasing the need for effective signage. I expect that we may initiate a review of certain sign code language, if we hear such a request from the business owner. Your timing may prove to be fortuna~ since we are increasing our staff efforts to retain solid businesses in the community. ~ My fax number is 531-5136 and phone is 531-5122. Douglas C. Smith Director of Fire & Safety Building Official/Zoning Administrator cc: file Family Styled City'~~ For Family Living