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08/18/2003 CONF MTG - 4621r � CifY OF FRIDLEY �-�111 COV1rl.1L CONFERENCE ME�,'TING August 18 — 7:00 p.m. Fridley Municipal Center Conference Room A 1. Fridley Cable Commission. 2. Partial Alleys. 3. Fee Adjustment/Scholarship Program. 4. R-2/R-3 Zoning Districts. S. Charitable Gambling/Pull-Tab Parlor Request. 6. Other Business. Adjourn. en�o TO: WII.,LIAM BURNS, CTTY MANAGER �� � FROM: BRIAN STRAND, CABLE ADNIINISTRATOR DATE: AUGUST 14, 2003 RE: CABLE COMIVIISSION I would like to suggest the elimination of the Cable Comtnission. The Cable Television and Telecommunications Commission has been in existence since the beginning of cable television in Fridley. The Commission used to play a large role in the administration of public access television and a minor role in administration of the cable franchise. I can only recall one tune they were involved with a telecommunication issue. The Cable Commission has little if anytlung to regulate anymore. They no longer deal directly with public access, and are not involved with the renewal of the cable franchise. For the past few years, the Cable Comrnission's meetings have consisted of hearing Time Warner Cable's Public Affairs Admiiustrator recap letters sent to the City of Fridley. Cable Commission members receive cable television service paid for by the City. This amounts to approximately $46 per month per commission member (at this time there are four) or $2,200 per year. _ . : ', Recreation and Natural Resource Department emo ��- To: Wiiliam W. Burns, City Manager � From: Jack Kirk, Director o# Recreation and Natural Resources .�� Date: August 14, 2003 Re: Fee Adjustment / Scholarship Program At the June 2, 2003 meeting, the Parks and Recreation Commission approved the new staff proposed guidelines for a Fee Adjustment 1 Scholarship Program. The program is designed to a{tow those residents of our community with financia( limitations to stilf have an opportunity to participate in many of the activifiies. The program allows for reduced or even completely waived registration fees far qualified individuals. The Fee A�tjustment pro�ram categorizes all activities and services in one of three Levels. Level 1..... activities that require a purchase of a ticket or payment to another service provider. Examples would be trips to theaters, rock climbing, water parks, etc.. L,evel 2..... activities that have been set up to be self-supporting through the participatit�n fees that are charged. Examptes of activities in this level are our Summer ROCKS program, our day nature camps and our adult fi#ness activities. Level 3..... activities that are at least partially subsidized by the City budget. Examples of activities in this level are the summer playground pragram, the elementary after-school program and the Teen Center "20NE". The fee adjustments or waivers allowed for youth, adults and senior citizens vary and are based on the activity IeveL I have attached a copy of the Fee Adjustment / Schotarship Program #hat was approved by the Parks and Recreation Commission. I will be at the City Council conference meeting on August 18, 2003 to provide this information to the Council and answer any questions they may have. � City of Fridley Recreation and Natural Resource Department Fee Adjustment / Scholarship Program The City of Fridley Fee Adjustment / Scholarship program provides opportunities for residents with financial limitations to participate in the Recreation and Natural Resource programs and activities. The program offers reduced or waived fees for selected activities based on family income levels. The three levels of programs and activities are as follows: Level 1..... Events, trips or activities that require the purchase of a ticket or payment to another service provider are not eligible for fee adjustments. Leve12 ..... Activities or services that have been set up to be self- supporting tkrough fees are eligible for partial fee adjustments. Leve13 ..... Other activities and services that are partially subsidized by the City will provide partial fee adjustments or even complete fee waivers depending upon family income levels. The Fee Adjustment / Scholarship program applies to all youth, adults, and senior citizens according to the following schedule: Youth Level 1..... No fees adjusted or waived Level 2..... Up to 50% fee adjustment for qualified Applicants Level 3..... Complete fee waiver available to youth with Family income at "free"school lunch program level. Maximum complete fee waiver of $100 per person for each activity (3 month) season. After limit is reached, additional participation will require at least 50% of applicable fees. Up to 50% fee adjustment for youth with family income at the "reduced" school lunch program level. Adults Level 1..... No fees adjusted or waived Leve12 ..... Maximum fee adjustment of 25% for qualified applicants Senior Citizens Level 1 Leve12 ..... No fees adjusted or waived ..... Maximum fee adjustment of 50% for qualified Applicants All participants must be City of Fridley residents. A valid Driver's License or State Issued ID required. To qualify for participation in the Fee Adjustment/ Scholarship the app�icant must show proof of need with one of the following: 1. Documentation that the family is a participant in the school district free or reduced lunch program for students. 2. Family income documentation that meets the guidelines for Minnesota school district participation in the free or redueed lunch program. 3. Documenta.tion that the family receives low income financial aid from the County. 4. A financial hardship that prevents full payment of program fee. (applicant must provide explanation) p f � DISCUSSION ITEM � CITY COUNCIL MEETING OF AUGUST 18, 2003 CffY OF FRIDLE1f Date: August 15, 2003 To: William W. Burns, City Manager " � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Subject: 75th Avenue Apartment Rezoning M-03-118 Introduction: There are a large number of apartment units in the City that are not zoned properly as R-3 General Multiple Family Zoning District. Some are zoned R-2, Two Family, and one complex was recently found to be zoned commercial. These properties became nonconforming as a result of a 1960's zoning text amendment that changed the permitted uses in an R-2 District. Prior to the 1969 Zoning Ordinance, "multiple dwellings" were a permitted use in the R-2 District. After 1969, they were not permitted in any zoning district but the R-3. The impact of this zoning change has been to make apartment buildings in an R-2 District nonconforming uses. If these properties are destroyed by a natural disaster, not only will a number of families be adversely affected, but also the supply of affordable housing will be significantly depleted. In order to prevent these consequences, staff had recommended in 2000 that the City initiate a rezoning process to change the zoning to make these properties conforming. The question was asked in the Council Commission survey. The consensus of the Council was to bring these rezoning requests forward on a smaller scaled, case —by-case basis. 1 St Case: RAS Properties, the owner of the two eleven unit buildings located at 450 and 476-75tn Avenue Northeast and their attorney, Tom Zappia, met with City Staff to discuss rezoning their property from R-2 (non-conforming) to R-3. This change in zoning designation would allow the property owner the ability to reinvest in the property, by constructing new garages, and protect the investment he currently has in the building themselves. A rezoning of these properties would not be viewed favorably by staff and would arguably be considered illegal spot zoning if approved. Staff reviewed the area in question and suggested that RAS Properties and Tom Zappia gauge the interest of neighboring property owners in their block to determine if it would be feasible for the City to rezone the entire block. Staff has heard from all neighboring property owners contacted by Tom Zappia, all of the property owners supported the idea of bringing their properties into conformance through a rezoning. In working with RAS Properties & Thomas Zappia, the following list of contacted property owners, on the same block and presently zoned R-2 was developed: 7400 L�rric Lane 8 Units 415-74 h Avenue 11 Units 389-74th Avenue 11 Units 371-74th Avenue 4 Units 361-74th Avenue 8 Units 351-74th Avenue 11 Units 350-75th Avenue 11 Units 450-75th Avenue 11 Units 476-75th Avenue 11 Units 86 Units Additional properties found in this block, which staff has not heard from include: 460-75th Avenue Grace Lutheran Church 7411-7421 University (Previously rezoned to R-3) Propertv Location: Suggested Action: As you are aware, a legal non-conforming use presents financing and insurance problems in the event that the properties were damaged by more than 50%. It is staff's opinion that there is a significant benefit in rezoning these properties, not only to the property owners, but to the City as well. The rezoning will allow the property owners to reinvest in their properties without the fear of losing their entire investment in light of a natural disaster. The reinvestment will spruce up these already well-maintained apartment buildings as well as ensuring the preservation of these 86 units of multi- family housing. Unless instructed otherwise, Staff will continue dialog with RAS Properties and proceed with moving a rezoning of this block forward to the Planning Commission for their review. 1 ' '� Ap� TO: William W. Burns, City Manager,��i� e��� FROM: Richard D. Pribyl, Finance Director � Debra A. Skogen, City Clerk DATE: August 14, 2003 RE: Charitable Gambling — Pull-Tab Parlor Request East Side Neighborhood Services has requested the city change its ordinance to allow pull-tab parlors in the City of Fridley. In reviewing charitable gambling in the city, the state legislature began to regulate charitable gambling because some organizations were conducting illegal gambling and it was a way to define what type of legal gambling could be done in the state. When this occurred, charitable gambling was lawful in fraternal organizations who owned their own buildings like the VFW, American Legion and Knights of Columbus. In 1987 the Lions Club and the Jaycees wanted the city to allow their organizations to conduct charitable gambling and that is when the city created the Endorsement for Charitable Gambling, an additional license that a licensed liquor establishment could apply for, however, they did limit the charitable gambling to pull-tabs. In discussing this issue with Community Development Director Scott Hickok, charitable gambling is not currently recognized in the city code zoning section as a legal use. His view is that it currently exists in fraternal organizations or Class III restaurants which are currently allowable in a C-2 or C-3 zones with a special use permit. Scott's recommended East Side Neighborhood Services apply for a zoning text amendment to create a new use to the zoning code. The Planning Commission would have to review and discuss the zoning text amendment and make a recommendation to the City Council. This would be the same process that was used in 2001 in the City of Coon Rapids. The City of Coon Rapids granted a Conditional Use Permit for a Pull Tab Parlor for a specific parcel of land to allow the sale of pull-tabs. This required an annual review and there were several conditions to meet, such as the hours of operation, Compliance with the Zoning Code, and requirement of a security guard during open hours. In 2002, after reviewing the Conditional Use Permit after the one-year period, the City Council defined a pull-tab parlor as "Indoor Recreation" which no longer required a conditional use permit. If the City Council supports the request by East Side Neighborhood Services to create a pull-tab parlor, we recommend they apply for a zoning text amendment, which is a cost of $300, and go through the standard process as any other applicant. No�heast Neighbbrhood House NoRheast Child ` _ Development Center ' _ � Menlo Park Alternative School - . � 1700 Secorad St�eet NE, 55413 r - Phone: 612.7$1.6011 , , NEST - Way To Grow - 1 � NE Neighborhood � � Early Learning Center I �� �� ,� 342 -13th Avenue NE, 55413 ' Phone:612.362.4741 . � ' • The Seniors' Place/Outreach 1801 Central Avenue NE, 55418 N e i c H e o e H o 0 0 � Phone: 612.788.9186 - se n v i c e s � Thg Senior Food Shelf � � _ Phone: 612788.9521 o �1Y� ' _ ' FiiendshipGenter ' AUgLlSt o� Gv�3, . , , � Adult Day Care ' � ' " � ' 1717 Second Street NE, 55413 . ' Phone: 612781.2052 . � _ Northeast Park Center - Pno�eP�si2 ieiezza"z' Ssa'3 � �C1ty Of Fridley � . " "' - eeltrami Park Center Ad11ll1llS�T'at1V8 Off1CPS . � ' 1111 Summer Street NE, 55413 P,,o�e:s,zss,,�22 , 6431 UniversityAvenue�NE � - L�2 Will amsAven e SE, 55414 ' Fridley; MN 55432 . - - . � � � Phone:612.331.8676 - . , , East Side Employment Network ° � � . , University Technology C'liy MaT11g0r MB�OY' �I]CI COUI1C11 Me111bErS ' Centers,lnc. ,> > � 1313 Fifth Street SE, 55414 ,� � _ • Phone:612.379.3800 - � • camp Bo�ey. East Side Neighborhood Services, Inc. has been in existence �for 87 years and serves � Go�doq Wiscvnsin ' . Pho�e: s,2.�e, so„ the resrdents of the,Fridley commur�ity with our manyprograms. One of our funding � � BonAO oF n�AecroRS sources over the past 17 years. is charitable (lawful) gambling; this funding-has w��ram �. ca�9���e enabled us to conduct our programs. l � -, � President ' "_ � ilndrew A. Swammi , , . . F"St �'�e Pres'de�t We recently signed a lease at the River �oat Plaza 7891 East River Road that�would Robert J. Foster se�ond v��e P�es+de�t improve this opportunity�for ,us. Unfortunately when we submit�ed the Premises . ' � , �"" s"a"" permit Application with the signed lease to �our offices, we were informed that it did • Treasurer Mohamed ��ere�� not comply with.your existing ordinance. The Fridley gambling ordinance does r�ot - Secretary � • �;�k; R. c,a�t allow for the selling of l�,wful gambling games except in establishmerits'that have a Ex-o����a liquor license. � tsaac A.Bassett � Human Resources Chair � ^ • � Joseph A. Bishop ' We pj'O�iOSO tO OpeTl a��Pull Tab Parlor" in a leased space in a retaiT building. This Michaei J. Bums Te«v M. e�to�a� ' space would be used solely for pull-tab a.nd paddle wheel sales. It would provide a' � Kim Carlson , Maureen Carlson ° - SeCL1Te� corrifortable location to customers tkiat would like to engage in-these social Dan A. Ghristian � ste�e o��Qhy , ga.x�es without having to spend time in a bar setting. _ . Dc Hamdy EI-Sawaf , _Vidal M. Guzman ' _ ` oo�9�as w. He�m We are requesting a change to your ordinance that would allow us to proceed or a- � David H. Indrehus , s g`��e `a"'e`e -- variance for our organization to allow this operation at tlus retail site. - Joyce LaMere Judy K. Larson Robert J. Miller ' t ' Mohamed H. Mohamud - Tlleie �e ���arlors" in Coon Rapids, Oakdale and St. �loud at the present time that Thomas J, Monjeau � Jerry Murray ,� Ot eratiz� successfull The Gamblino Control Board Statute and Rules af1n1 to � ; Michae� o. Russinfk r? g y b YY, y � �ose M. sa��heZ . pull tab parlors in the same manner as al� other venues. ' Jeff Schrempp � � , Suzanne M.Sjoselius ' " - � - Denqis J. Spalla Ma�;�e re�a�e Please let us know at your earliest convenience how to proceed- with this request: - - John D. Thompson � - ' Walter S. Warpeha, J�. T�13111f y0U fOi yOUT GOi1S1CieT'at1011. ' ' - Jacqute Wenhvorth - � Larry Williams • - JenniferYoung � �.. _ William J. Laden, LISW - , ' Executive Director � e - ��� _ William �aden - ' . . � a u��tea way Executive Director/CEO . - • , � Agency . � _ ,. � � 1700 Second Street Northeast, Minneapolis, Minnesota 554i3-1139 , ' . htemberotun�ua � PhOrtO: 612.781.6011 • Fax: 612.787.4001 • Web: www:esns.org • � �� Neig66ofiood Centers � - . . ' i ' � " . . � � � . � - of America� Inc. - ' . - � . � . . . � .. . - . " ` � OT-2a-2003 03:23pm From-CITY OF COON RAPIDS FINANCE DEPT +76376i6491 T-042 P.001/006 F-9i8 ► �ih �. �_ � . � TO: Deb Skogen ��tOM: Joni Anderson SUBI�CT: Crambling TOTAL PAGES: 6 DATE: ruly 28, 2003 Deb: FAX #: 57Y-1287 The original CCJP was because of zoning. Because this was such a new venture, there was no reference point. Here's the part T didn't recall when r�ve were talking. Last December Council voted to define the putl tab operation as indoor recreation which does not require a CUp. So from here on out, they are a permitted use. This matte.r was a bit of an issue with our previous Council but I tlunk the current Council is OK with the way it is. If you think of it, please fayc me your code about re,gistering gamblin� locations. Thanks. Crood luck. Joni ,Anderson Ciry Clerk Ciry of Coon Rapids 11155 iZobinson Drive Coon Rapids MN 55433-3761 Phone:763-767-6457 Fax:763-767-6491 ' 07-28-2003 03:23pm From-CITY OF COON RAPIDS FINANCE DEPT +T63T676491 T-04Z P.002/006 F-9T8 STA'I'E OF MYNNESOTA CITY OF COON RAPT�S In the Matter of PlaYUUng Case No. 00-78 CITY COUNCIL CONDITIONAL USE PROCE�bTN'GS ORDER. GRANTLNG CONDiITONAL USE PERMIT The above entided marter came to be heazd before the Coon Rapids City Council on January 16, 2001, on a petition for a conditional use pernut pursuant to Cit� Code Sections 11-317 through 11- 328 for the following described properry: That parc of Lots 4 and S. Audiwr's Subdivision No. 74, Anoka Counry> Minnesota, described as follows: Commencin,a, at thc intersection of the southcrly r�ght of way liae of 113�' Avenue N. W. said right of way being a Gne 35 feet Sourh of and parallcl with tbe nonh linc of thc Southwest Qua�r af Section 16, Township 31, P.ange 24 and the norche�sterty right of way linc of Anoka Counry State Aid Highwny No. 1. whieh is a line paralle wich and distan� 50 feec as measured ai right an�les nor�heascerly of the control line of said Nigtiway No. 2, �id control iine described in Book 292, Page 337 int he O�ce oPche Anol:a Couary Recorder, theaee on an assumed bearing of South 55 dcgrccs 09 minuccs 58 scctond East, along said aorcheasceriy right of way linc, 940.44 fee� w tkte ac�tual poini of beg►r►ning thence North 0 degrces 37 minutes 32 seconds �ast a distancc of 54�.48 feei to iu iutersecdon with tha southe�ly right afway line of Minnissip�i Boutevard, as recorded in Dook 961, pa�e 279 in the Office of ihe Anoka Counry Ttecordcr, rhence ct�etcdy along said southaly right of way linc and southcrly righti of way line of 113'� Avenuc N. W, m its in[ersection wiih said conuol tine; dicnce noithwesterly, along said controt line, m its intcrsectiou with a line bearing South 0 dcgrccs 37 minu[e; 32 sewnds Wess from xt►e actual point of beginnin�; thence Norch 0 dcgrces 37 minutes 32 seconds �ast co the actual poiat of btginning. Sstid line A describad as follows: Commcncing al iha Wesc Quarcee corner of Secuon 16; nc�nce on an assumed bearing of Narth S9 degrees 2S minutes 02 seconds East, along thc north line of che Southwest Quarter of said Scction 16, a distanet of 1590.60 feet io the actuul point of beginning; thcnec souhtcrly, parallet with the east line of the Northwcst Quanu of thc Southwcst Qu:uccr of s�id Scction t6, a distance of 1,100 fcct and thrae terminatin�. Excepdng therrfrom the failowing four par�s cliereof Excepuon 1: That pan thereof tying nor�herly of a linc parallel with �he 200 faec sousherly of, mensured ac right angles w, che southerly right of way line of Mississippi Boulevard, as rccorded in Book 961, Page 279, Office of d�c Counry Recordrr in and for Anoka County, Minnesota, and the southerly right of way tinc oF 11 � Avenue N. W. Excepuon 2: That par� of Lot 4, Aadiaor's Subdivision No. 74, anoka Counry, Minnesou described as follows: Commcncing at the intersection of the southecly right of way linc of 113'b Avenue N.W., said right of way line being a]ine 35 fect South of and psrallel with the Nord1 line of thc Southwcst Quartar of Seetion 16, township 31. F�ange 24, and thr northeasterly right of way line of Anoka Courtry Stscc Aid iiighway No. 1, whieh is a line parailel with and dis�anr 50 fce�, as mettsured at right angles, aotthcsuterly of tht control line of suid Highway No. I, said control linc dcscribed in Book 292, Page 33? in the O�ce of the Anoka County Rrcord�r, thence on ari assumed bearing of South 55 degrees 09 minutes 58 seeond� Easc, along said northeast�riy right of wtty line a disrnnce of 1077.51 feet co thc accual point of beginning of the land co be ' Oi-28-2003 03:24pm From-CITY OF COON RAPIDS FINANCE DEPT +763i6T6491 T-042 P.003/006 F-9T8 describcd; thence con�inuing South 55 degrses 09 minutes 5$ soconds East, along said norrheasterly right of way line, a distance of 185.00 feet; tt►encz Sauth 88 degrees 51 minutcs 22 seconds East a distance of 18.03 fee�; thance Norlh SS degrees 09 minuces 58 seconds Wc�t, a distance oP200.OQ feei; thence South 34 degrees 50 minutes 02 seconds WcsK, a distance of 215AQ f�et to the ac[ual p�int of txginnin�. Exceprion 3 The part of Lot 4, Auditor's Subdivision No. 74, Anoka County, Minncsot� describtd as follows: Comnu.ncing at the interseccion of the southerly right of way line of 1 i�' Avenue N.W, said right of way liac bcing a line 35 feet South of said parallcl wi�h tbe north lint of the Southwesc Quarter of Seetion t 6, Township 31, Rangc 24, and norrheasterly rigY►t of way line of Aaolca Couaty Statc A'rd Highway No. 1, whieh is a liae parallcl with and distanc 50 feet, as measured ac righs migles, northeasrerly af the control Gno of said Highway No. 1, said cosraol line described in Book 292, Pase 337 in the Officc of tihe Anoka Counry Ttecorder, thence on an sssumetl beari�,a of South 55 degrees 09 minutes SS seconds EaSt, along said northcastedy right of way line a discance of i262.51 fcct; thenca South 55 degrees 09 minutes SS seconds Eas�, a distanc� of 94.00 fcct m che �.�tual point of beginning of the land w be described; d�ence seuth 34 degrees SO minuces OZ seconds Wcsc a dis[ancc of 21.26 fca; chence southeasterly on a curve concave co the Sourh having a radius of 160.Q0 feet and a chord bearing of Souriz 41 dcgrccs 49 miautrs 33 a'econds L• as[ a distance of 24.40 feec; iltence south 3S desrees 39 minutcs 58 scconds East, ian�em to last described curvc, a dinance of 110.00 feet; thence sovthtassedy an a tangenbal curvc to thc Icft having a radius of 162.12 fett a distance of SS.50 feet; thence South 56 dcgrces 20 minuces 28 seconds Easi, a discance af 125.36 feet to a poirt on said East line dist9nt 616.64 feet Souih of ihe NoN�east corner of said Lot 4; thence Sout6 34 degrees 50 minutcs OZ scconds Wesc a dissancc of 70.00 feec io the acausl point of beginning. Exceptian 4 Thac part of Aud;zar's Subdivisioa No. 74, Anoka Counry, Minncosta, bcing that portion of thc al�ove described tand tying wichin thc ca�tmen� and lsu�d conveyed w the Ciry of Coon ltapids pr.r documcnt pumbcr 4�6462 as amended by document nwnber fi28243, dcscribzd as follows: Commencin,a, at the intersection of the soutlterly right of way line of 113d' Avenue N.W. said right of way line a linc 35 feet south of and parallel with chc north line of thc Sauthwesi Quaner of Section 16, Township 32, Range 24� and the northeasterly ri�ht of way line of �noka Counry State Aid Highway No. 1, whrch is a linc parallcl with and dissant 50 feet, as measured at right ang[c:s, nottheas[erly ofthe canvoi line of said Highway No. 1, said conurol line described in Book 292, Page 337 in thc Officc of nc� Anoka Coumy Recorder ; chtnce on an assumed be�ring of Souih SS dtgrees 09 minuocg 58 scconds Eaat, 1262.51 feet, along said northeascerly righc of way linc, to the point of beginning of thc tinc hcr�in described; thence Soath SS dagsees 51 minuoes 22 seeonds EftSt 18.03 feet along a non-tsagentia[ curve, concave to the Southwest radius 164.Q0 fzet, ecntral anglc l2 degrccs i9 mionut;�s 09 steonds, and chard bearing oP South 41 degrees 49 min�tes 33 seeonds Easc; chence souih 35 degrecs 39 minutes 58 scconds F,a.i-t, l 10.00 feet; rhence southeasctrly S8.S0 feet along a tangcntial curve, concave te ihe northcasc radius 162.12 fcet, ceM�al angle 20 degrets 40minu�es 3Q sccoads; thenec Souch 56 dcgrczs 20 minutes 28 seconds East, 120.36 fcct; thcncc Souch 0 dagrees 32 minures 17 seeonds West, co the northtastorly right of way lin¢ of Anoka Counry S�au Aid �Tighway No. 1; thanec nonhwesterly Ftlong said nor�he�sstcrty right of w�y line to thc point of beginning. PIN: 16-31-24-32-QO ] 9 Purpose: Pull tab pazlor Upon motion made and duly approved by the requisite majoriry ofthe Commission, it is ordered that a conditional use pertnit be granted with the following condirions: The pull ta.bs being available no eazlier rhan 8:00 a.m. and no later chan 10:00 p.m. 2. Com.pliance with Tide 11, the Zoning Code. A security gu.ard being on duty whene�rer pull tabs are being sold. • Oi-2a-2003 03:24pm From-CITY OF COON RAPIDS FINANCE DEPT +T63i6i6491 T-042 P.004/006 F-9T8 Approved this 16th day of January 2001. Mayor City of Coon Rapids ' OT-28-2003 03:24pm From-CITY OF COON RAPIDS FINANCE DEPT +7637676491 T-042 P.0�5/006 F-978 City Council Meeting Minutes December 17, 2002 Pane 4 9. CONSIDER DEFINING USE OF COON T2.AP�S N'ATIONAL LITT�,E LEAGUE pULL TAB OPERATION, 3065 COON RAPIDS BOULEVAI2�; PC 00-78 Communiry Development Director Starr explained some Councilmembers had questioned whether a conditional use permit is appropriate for this pull tab operation. He stated this operation was ori�inally defined as indoor recreation. He atlded in staff s view it could also be considered retail. He requested CounciI clarify the use. Mayor McCat�ley stated the use will be reviewed annuall� by Council if a conditional use permit is required. She stated she r�vould prefes to rerain this arrangement. She added she was reluctant to change the designation. Councilmember Schulte a�reed with the Mayor and staff: He said since it is a relacively new venture, it is worthwhile to monitor it. He stated he would vote to keep it as a conditi.onal use. Councilmember Soltis explained he was concerned with the prolife.ration of such operations. T�e Added he felt more control could be exerted if it was classified as indoor recreation. Councilmember �lint asked if an �nnua! review would be conducted due to gambling permits. City Clerl� A�zderson an.swered Council reviews �ambling pe.rmiu every two years. Ciry At�or�iey Hofstedt noted any gambling permit action is only aduisory. Councilmember Klint nated the gambling permic process from the City and State provides a check and balance. She suggested changing the designarion to general retail so it would be a pennitted use. She said sin3ilar organizations wanting to come into the City would need to locate in that specific area. MOTION BY COUNCILMLMB�12 KLINT T'0 DEFIN� TH� PULL TAB PA�tLOR AS "Cr�NERAL RETAIL" AND NOT REQUIRE A CONDITIONAL USE PERMYT. THE MOTTON DIED FOR LACK 0� A SECONn. • Councilmember Schulte noted if the establishment is defined as indoor recreation, there will be an annual review; however, the general recail definition may leave littIe �rrouad to terminate their use if necessary. He asked whether these definitions are exclusive to Porc Campus Square zonina. Mr. Stnrr responded the desi�na.cions apply thrau?houi Coon F,apids. Councilmeinber Soltis pointed out th�re is less control if �lza desi�nation is ;eneral retait but tnore colitrol under tlte indoor recreation use. • 07-2�-2003 03:24pm From-CITY OF COON RAPIDS FINANCE DEPT +763i676491 T-042 P.0�6/006 F-9T8 City Council Meeting Minutes necember I7, 2002 Page 5 MOTION BY COUNCIL1v1EMBER MANN'1NG, SECONDED B'Y COUNCILMEMB�R SOLTIS, . FOI2 APP120'VAL TO AEFINE 7�T£ YJSE AS °`INDOOR RECREATION" AND NOT REQUIRE CONDITIONAL USE pERMIT. THE MOTION pASSED WITH COUNCILMEMBER T�I.1NT OPPOSED. 10. CONSIT��R RESOLUTION APPROVING LOT SPLif; BRIAN AND SUE THIENES, 1890 107TH AVENCJ'E NW; PC 02-69 Tt was noted Brian and Sue Thienes request approval oi a lot split so they may buy a portion of a nei�hbor's property. MOTION BY COUNCILMEMBER SCHULTE, SECONDED BY COUNCILMEMBER SOLTTS, FOR APPRO'V'AL 0�' TT� LOT SPLTT CONDTTTONED ON THE SMALLETt PARC�L BEING COMBINED IN'TO ONE TAX PARCEL WITH LOT 17, BLOCiC 1, SUNCREST ESTAT�S. THE MOTION' pASSED UNANYMOUSL'Y. 11. CONSIDER AUTHORIZING PURCHASE AGREEMENT FOR 1344 COON RApXD$ �OUI.EVARD; DAVID M. THELEN Redevelopment Specialist Nevin�ki stated apurchase a;reemenc has been prepazed witll a pi,�rchase price of$ I,S66,045 including real estat� and fixtures. He added if approved, the closin� will be after tlze first of the year. Councilmember Manning inquired about clze cost oithe environmental soil study. Mr. Nevinslci said the property was only used as retail, and no environmental problems are anticipated, T�e said an �nalysis for haz�rdous waste will be canducted at a minimal eost when r.he buildings are demolished. . ' Councilmeinber Schulte asked if all of the businesses will be allowed to relocate. He pointed out there is a 90 day minimum between making an offer and the date businesses shall vacate. Ivlr. Nevinski said many of the businesses are alread.y lookin� for a new locav.on, and the Ciry is assisting in neaotiating short-term leases. MOTION BY COUNCILMEMBER SCHULTE, SECONDED BY CO�TN'CILMEMBER SO�.TIS, AUTHORY71NCr THE PURCHASE ElGREEMENT 1�VYT�-T I�AVID M. THELEN FOR T'HE 1'ROl'�R�"Y �T I344 COON RAnZllS BOULEVARD. THE MOTION P�ISSED UNANTMOUSLY. � ,` 1