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
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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.
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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
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1WOOD
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N D AV.I N.
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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
.)
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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
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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.
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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.
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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?
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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.
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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).
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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.
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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