Loading...
12/22/1993 e i PLANNING COMMISSION MEETING WEDNESDAY, DECEMBER 22, 1993 7:30 P.M. PUBLIC COPY City of Fridley AGENDA PLANNING COMMISSION MTG. WEDNESDAY, DECEMBER 22, 1993 7:30 P.M. ------------------------------------------------------------ - LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: December 8, 1993 PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #93- 17, BY UNIVERSITY BILLIARDS, INC. : Per Section 205. 17.01.C. (4) of the Fridley City Code, to allow an expansion of a commercial recreation use, on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF NOVEMBER 1, 1993 RECEIVE THE MINUTES OF THE HOUSING AND REDEVELOPMENT AUTHORITY MEETING OF NOVEMBER 18, 1993 RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MEETING OF NOVEMBER 30, 1993 OTHER BUSINESS: Review Customer Service Surveys ADJOURNMENT IW CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 8, 1993 CALL TO ORDER: Chairperson Newman called the December 8, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Newman, Dean Saba, Diane Savage, Brad Sielaff, LeRoy Oquist, Connie Modig Members Absent: Dave Kondrick .Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Gene & Louise Owczarzak, ELO Engineering Howard Jacobson, Metro Building Systems APPROVAL OF NOVEMBER 17, 1993, PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Ms. Savage, to approve the November 17, 1993, Planning Commission minutes. Mr. Saba stated that the following corrections should made to the first page of the minutes: Under "Call to Order", "Chairperson Betzold" should be changed to "Vice-Chairperson Kondrick"; and under "Approval of October 27, 1993, Planning Commission Minutes", "Chairperson Newman should be changed to "Vice-Chairperson Kondrick". Mr. Sielaff stated that on page 6, third paragraph, fifth line, he would like the last sentence to read: "He is not necessarily an advocate of banking. . . " UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MINUTES APPROVED AS AMENDED. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #93-16, BY E. R. OWCZARZAK INVESTMENT: Per Section 205. 18.03.C. (4) of the Fridley City Code, to allow an increase in lot coverage from 40% maximum to 49.9%, to allow construction of a building expansion on Lots 3 and 4, Block 3, East Ranch Estates Second Addition, generally located at 7770 Ranchers Road N.E. MOTION by Mr. Saba, seconded by Mr. Oquist, to waive the reading of the public hearing notice and open the public hearing. PLANNING COMMISSION MEETING, DECEMBER 8, 1993 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Ms. McPherson stated the subject parcel is located at the intersection of 77th Way and Ranchers Road. The pael is zoned ed on M-2, Heavy Industrial, as are the surrounding parcels. the property is a single story masonry building used for manufacturing and warehousing. Ms. McPherson stated this parcel has received variances in the past to increase the lot coverage over 40%. In 1983, the City granted a variance to increase the lot coverage to 45.5%. In 1987, the City granted a second variance to increase the lot coverage to 46.5%. In 1988, the petitioner applied for a third variance to increase the lot coverage to 49.5%. In addition to the increase in lot coverage, four other variances were also requested: 1. To reduce the hard surface setback from the building and lot line; 2. To reduce the width of a one-driving aisle; 3. To reduce the number of parking spaces; and 4. To reduce the side yard setback. Ms. McPherson stated the 1988 variance request was denied by the City Council. Ms. McPherson stated that since the petitioner's request in 1988, the City has changed the Zoning Code to allow a special use permit to increase the lot coverage by a maximum of 10% over the limit stated in the Zoning Code. This section of the code, Section 205. 18. 03 .C. (4) . (a) . (b) , has two standards in determining the effect of the increase in lot coverage: 1. For existing developed properties, the total amount of existing hard surface area shall be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. 2. The petitioner shall prove that all other ordinance requirements are met, including, but not limited to, parking, storm water management, and landscaping. Ms. McPherson stated the petitioner is proposing two expansion areas. The first expansion area is located in the rear yard in an area where hard surface currently exists. This area is proposed to be used for warehouse space. The second area, which will also be used for warehousing, is located in the front yard where there is currently green space. There would be an increase in the amount PLANNING COMMISSION MEETING, DECEMBER 8, 1993 PAGE 3 of hard surface area of 1, 041 square feet as a result of the second expansion area. Because of this additional expansion area, Standard #1 is not met by the petitioner's request. Ms. McPherson stated that in addition to increasing the lot coverage, the petitioner also needs to receive approval of variances to bring the proposed expansion areas and existing building into conformance. These variances are: 1. A reduction in the hard surface setback from the main building from 5 feet to 0 feet; 2. A reduction in the hard surface setback from the lot line from 5 feet to 0 feet; 3. A reduction in the width of a one-way driving aisle from 18 feet to 10 feet; 4. A reduction in the side yard setback from 30 feet to 25 feet; and 5. A reduction in the number of parking stalls from 71 to 70. Ms. McPherson stated the number of required parking stalls was calculated based on the current use of the building using the office, manufacturing, and warehouse ratios. This totals a required number of spaces of 71. There are currently 70 spaces on the site for parking. Currently, 69% of the building is used for warehousing which has a parking ratio of one space for every 2,000 square feet of building. If the use should change in the future, there may be an increase in the number of required parking spaces. Reoccupancy of the building would need to be closely monitored to ensure that the number of parking spaces is not in excess of what is provided on site. Ms. McPherson stated that if they use the speculative building ratio of one space for every 500 square feet of building area, the required number of spaces would be 122. Even though the site is only one parking space short of the requirement, authorizing the expansion of the building would be contrary to the intent of the ordinance. The petitioner does have adequate use of the property • via the granting of the previous variances which has increased the lot coverage to 46.5%. Allowing the increase to 49.9% would be in contradiction to standard #2 which requires the petitioner to meet all other ordinance requirements including parking, storm water management, and landscaping. Ms. McPherson stated the Engineering Department has requested that the petitioner submit a drainage plan. Based on the plan submitted by the petitioner, it is unclear whether the current storm water PLANNING COMMISSION MEETING, DECEMBER 8, 1993 PAGE 4 system would be able to handle the additional runoff from the proposed expansion of the office area. Ms. McPherson stated the Appeals Commission will review the variances prior to review by the City Council. Granting the special use permit should be contingent upon approval of the variances. Ms. McPherson stated that as the petitioner cannot meet the standards set forth in the zoning district requirements without the variances, staff recommends that the Planning Commission recommend denial of the special use permit to increase the maximum lot coverage to 49.9%. However, if the Commission chooses to recommend approval, staff recommends the following two stipulations: 1. The petitioner shall submit a grading and drainage plan to the Engineering Department for review prior to the issuance of a building permit. 2. Variance request, VAR #93-34, shall be approved. Mr. Sielaff stated that if the building is sold to another business that was no longer mainly warehouse, would the new owner need a variance for parking? Ms. McPherson stated it is possible that another use in that building could generate the need for more parking spaces. If that happened and the City determined that 122 spades would be required, then the new owner would have to request a variance. Mr. Newman stated it appears that the variances for the hard surface setback from the main building and from the lot line (variances #1 and #2) and the reduction in the number of parking stalls (variance #5) are for existing conditions. The only new variances that are being requested as a result of the expansion are the reduction in the width of the one-way driving aisle and the reduction in the side yard setback. Ms. McPherson stated that is correct. Ms. Louise Owczarzak, Vice President of ELO Engineering, stated ' she can understand the Commission's concern about parking spaces. She stated she has brought information and pictures of the new machines they will be purchasing. She stated she would also like to explain to the Commission why they need more building space but not more parking spaces. She stated the new machine (Finn Power) will replace five of their existing machines (2 Shears and 3 Wiedemans) . The Finn Power requires 1,600 square feet which is the same amount of space as that for the three Wiedemans. The two Shears take up 800 square feet, so they will have 800 square feet left over which they need for storage. PLANNING COMMISSION MEETING, DECEMBER 8, 1993 PAGE 5 Ms. Owczarzak stated that their suppliers need a 10% reduction in costs, and the only way they can do that is to update their equipment. The efficiency of the new machine will give their customers the 10% reduction they need. With the purchase of the Finn Power, they will need five less people. She stated they have also purchased a Motoman which will replace three welders, but since they need one person to run the Motoman, that is really only two less people. So, they will lose a total of seven employees which is a reduction in seven parking spaces. Ms. Owczarzak stated that in the office, they are setting up home computers, so they will have one person working at home and possibly one more. That is a reduction of another parking stall. So, they really need the increase in space but not the parking stalls. Ms. Owczarzak stated she can also understand the Commission's concern about them selling the building to someone else in the future. When they added onto their building in 1983, they made the commitment that this is as big as they wanted the business to get and this is where they wanted to stay. They have three sons who will be taking over the business, and they have no plans to sell the building or the business in the near future. Ms. Savage asked why the petitioner requested the increase in lot coverage in 1988. Ms. Owczarzak stated that it was basically for the same reason. They were going to buy more Wiedemans and more welders, but the updates they needed were not yet up and running like they are now. Also, at that time, they were not planning to reduce the number of employees. Mr. Newman asked the approximate cost of the new machinery. Ms. Owczarzak stated they will be investing about $2 million in new machinery. Mr. Oquist stated that 69% of the building is used for warehouse. Is that for finished parts? Ms. Owczarzak stated, yes. She stated their customers do not warehouse anything. The customers will place an order but may only take a portion of that order at one time but expect the rest of the order to be ready. Mr. Oquist asked if there is any way the petitioners can use some of the warehouse space for the new machines. PLANNING COMMISSION MEETING, DECEMBER 8, 1993 PAGE 6 Mr. Owczarzak stated they need all the warehouse space they can get. They just spent about $80,000 for shelving units so they can stack the skids. Mr. Sielaff asked what the petitioners will do if they need more warehouse space. Mr. Owczarzak stated they currently lease 6,000 square feet off site for the finished product. That is also quite costly. Mr. Owczarzak stated the staff report stated that the second expansion area is located in the front and will be used for office. He stated that might have been a misunderstanding. He stated there will not be an increase in office space. Mr. Sielaff asked about the number of employees. Mr. Owczarzak stated they have 82 employees who work two shifts for four 10 hour days. He stated that at one time they had problems with their employees parking in the street; but when the employees were told they could not park there, there have not been any more problems. They have enough parking spaces for all their employees. When they get their new equipment, the need for parking spaces will be reduced. Mr. Owczarzak stated they will be working with the contractor to see if they can meet some of these variances. Mr. Howard Jacobson, Metro Building Systems, stated they have not yet discussed the drainage or the outside construction. They first wanted to see if the City would approve the increase in lot coverage before going into depth with planning as far as the variances. Mr. Owczarzak stated he believed their building has more green space and better landscaping than most of the other buildings in their block. They have no parking in front of their building, while other buildings do have parking in front. They will not be disturbing the landscaping at all. Most of the construction will be in the back and parking lot side. Mr. Oquist encouraged the petitioners to look at each variance with the idea of trying to avoid as many variances as possible. Mr. Owczarzak stated it is quite possible that they can eliminate some of the variances. They will work with the contractor. Mr. Owczarzak stated that the building he is adding onto is the original building that he owned. At one time, the building on the corner was owned by Metric Screw. When he needed more room, he purchased the building on the corner and the City allowed the two PLANNING COMMISSION MEETING DECEMBER 8 1993 PAGE 7 lots to be joined and the buildings connected. That was the reason for a lot of the previous variances. Mr. Jacobson stated this is the last effort the petitioner can make as far as an expansion. The only other way to expand would be to add a second story for office. It seems logical to fill in the corners and maximize the building structure. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:12 P.M. Mr. Oquist stated he did not see anything wrong with the special use permit request for the increase in lot coverage with the stipulations recommended by staff. There is a good possibility that some of the variances can be eliminated and the drainage worked out. Mr. Saba stated he has been to sheet metal facilities in the past, so he knows about the problems the petitioners are facing. He stated there is a lot of competition in this industry right now. The survivors are the ones who are able to produce competitive . prices, and that is done by updating equipment. The petitioners are making a large investment and a long term investment in the City of Fridley. He is in favor of the special use permit request. Ms. Savage stated she is generally in favor of approving the increase in lot coverage. She hopes the petitioners will do whatever they can to eliminate the need for as many variances as possible. She stated the petitioners still have to go before the Appeals Commission and the City Council, so it will be to their advantage to try to conform to the ordinance as much as possible. Mr. Sielaff stated he is also in favor of eliminating as many variances as possible. Ms. Modig stated she can see understand why the petitioners have not made firm construction plans until they find out whether they will get the special use permit. She stated the petitioners seem very willing to try to eliminate as many variances as possible. • Mr. Saba stated that in some respects, this request almost has to be looked at as planned unit development and looked at individ- ually. This is a heavy industrial area with big buildings. He believed the City should do whatever it can to help some of these businesses to survive in today's economy. Mr. Newman stated this is a good example of the dilemma that staff faces on a routine basis in a mature city. More and more of the problems they are going to be facing will be of this nature of PLANNING COMMISSION MEETING DECEMBER 8 1993 PAGE 8 expansion and renovation. He appreciated the precedent this could set. He agreed with the rest of the Commissioners. 5 increased by the amount of hard surface area is only 1% of the total lot. Some of the variances appear to be .existing already, and some may be able to be worked out. The further addition has been designed, there really is not any encroachment of side yard setbacks by the building, but r4ther the filling in of building in $en 2am ions. These are citizen? in the community who want to investillion to make the r business more competitive. As the City struggles with the problemseven mores community, it needs to encourage this type of activity MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend toE City approval of special use permit, SP #93-16, by Council of the Fridley . R. Owczarzak Investment, per Section 205.18.03.C. (4) City Code, to allow an increase in lot coverage from 0on maximum su3 to 49.9%, to allow construction of a building expansiongenerally located and 4, Block 7770 East Ranchers RoadeSNSEcondwA�ditthe, following located at stipulations: lan 1. The petitioner 1l submit a Department forng and review prior gt e pthe to the Engineering issuance of a building permit. 2. Variance request, VAR #93-34, shall be approved. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the variance request will go to the Appeals Commission on December 14, and both the special use permit request and the variance request will go to the Council sometime in January. 2 . PUBLIC HEARING: ORDINANCE AMENDING DCHAPTEERR 205 OF CHAPTER 211 THE ENTITLED FRIDLEY CITY CODE ENTITLED "ZONING" "SUBDIVISION" TO AMEND THE PUBLIC HEARING NOTIFICATION RADIUS: MOTION by Ms. Savage, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BEARING NEWMAN N AT 8DECL:2�DPTM' HE MOTION CARRIED UNANIMOUSLY Ms. Dacy stated staff identified 1993sfor iteimplementationm as one of tinh1994. keeping goals and objectives Other communities have been using the 350 foot radius. When staff researched the State Statues, they found 350 feet is required on rezoning. Ms. Dacy stated this ordinance amendment does two things: PLANNING COMMISSION MEETING, DECEMBER 8, 1993 PAGE 9 1. It standardizes the notification radius consistent with the radius in the State Statues. 2. It is good for the community in the sense that it notifies a broader range of people in a neighborhood about what is going on in their particular area. Ms. Dacy stated staff recommends that the Planning Commission recommend approval of this proposed ordinance which affects special use permits, variances, plats, and lot splits. Vacation applications are not affected by this ordinance since vacations can be handled administratively under the general auspices of the City Charter. There was no one in the audience regarding this ordinance amendment. MOTION by Mr. Oquist, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:28 P.M. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to recommend approval of the ordinance amending Chapter 205 of the Fridley City Code entitled "Zoning" and Chapter 211 entitled "Subdivision" to amend the public hearing notification radius to 350 feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING: AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING" BY ADDING 205.27 (0-4 WETLAND DISTRICT) AND RENUMBERING OFFICIAL TITLE AND SUMMARY 205.28: MOTION N by Ms. Modig, seconded by Mr. Saba, to open the public g. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:30 P.M. • Ms. McPherson stated the Commission discussed this ordinance at its last meeting. This ordinance will allow the City to comply with the 1991 Wetland Conservation Act. Since that meeting, staff has also received the Wetlands Composite Map for the Commission to review. Ms. McPherson stated staff has met with the wetland owners who are affected by the areas identified on the map. On Monday, December 6, staff met with owners within the Six Cities Watershed District. PLANNING COMMISSION MEETING DECEMBER 8 1993 PAGE 10 Three people attended that meeting. On Tuesday, December 7, staff met with owners within the Rice o h meetings went very we Watershed 1l,Eight people attended that meeting. Ms. McPherson stated the meetings were designede e as informational meetings to explain the ramifications of t Act and what ordinances suggestionshe C fr is om the owners osing at the local whichlevel. staff Staff received some goodCity for research. On wraterked if the basin on the owner'sd site would be example, that the stormquestion and exempterunderNether that should behe Act. Staff laddress dl i n the ordance. • determine whether Ms. McPherson stated the Environmental Quality & Energy Commission discussed the proposed ordinance at its November 30, 1993, meetinng. The Commission asked some questions that staff is researching.passed an question was what the ramifications would be if the Cr yd as n of deuce that said thmi t si n'se shall be no filling estion was how would that position of wetlands. The Commis question affect the City legally The Commission also wanted to review the composite map. Staff will respond to the Commission's concerns and questions at their December 21, 1993, meeting. hat he Plan Ms. McPherson stated staff n on the recommending ordinance tuntilt January n12g Commission table any. actin 1994, to give staff time to respond to the concerns and issues raised by land owners and Commission members. MOTION by Mr. Saba, seconded by Mr. Oquist, to continue the public hearing for the 0-4 Wetlands ordinance to the January 12, 1994, meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE NOVEMBER 4 1993 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Ms. Savage, to receive the November 4 , 1993, Human Resources Commission minutes. • UPON A VOICE VOTE, ALLVOTING AYE, CHAIRPERSON NEWMAN DECLARED THE • MOTION CARRIED UNANIMOIISLY 5. RECEIVE NOVEMBER 23 1993 APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Ms. Modig, to receive the November 23, 1993, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING DECEMBER 8 1993 PAGE 11 6. OTHER BUSINESS: a. Updates Ms. Dacy stated that the Planning Commission has been asking for three month updates on the status of the Lake Pointe property, the southwest quadrant, and a possible planning process. Lake Pointe Ms. Dacy stated that regarding the Lake Pointe property, the City has hired a marketing consultant. The HRA and City Council are evaluating a direct mail brochure to major companies, looking at potential signs to be placed on the property, and looking at an overall marketing program. Southwest Quadrant Ms. Dacy stated that the HRA will be taking a closer look at the southwest quadrant. Mr. & Mrs. Suh who own the car wash, Burger King, and the commercial strip (6440 University Avenue) are requesting that the HRA acquire their property at this time. That issue is now being evaluated by the HRA and City Council. Planning Process Ms. Dacy stated that at a Council conference meeting in January 1994, the City Manager will be establishing a goal setting session with the Council to plan for 1994 and 1995. She believed the issue will be discussed about whether they should have a community-wide process or if they want to focus on one particularlanning issue. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the December 8, 1993, Planning Commission meeting adjourned at 8: 35 p.m. Res ectfully s mitted, Ly Saba Recording Secretary • r,, STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : December 22, 1993 City Council Date REQUEST Permit Number SP #93-17 Applicant Greg Asproth Proposed To allow the expansion of a commercial recreation facility Request in a M-1 , Light Industrial multi-tenant building. Location 7178 University Avenue N.E. SITE DATA Size 178,558.38 square feet 4. 1 acres Density Present Zoning M-1, Light Industrial Present Land Use(s) Office/warehouse Adjacent C-2, General Business to the North; P, Public, to the South; Zoning M-2, Heavy Industrial to the East; M-1, Light Industrial to Par West. Adjacent Land Use(s) Park to the South;. health club to the North; industrial to Utilities the East-and West. Park Dedication Watershed District Rice Creek ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses • Environmental Considerations RECOMMENDATION Staff • Appeals Commission Planning Commission Author MM/dn SP #93-17 • Greg Asproth z S 1/2 . SEC. //s CITY. OF • • C) , C 10 CORNER i 1 Y \ J k. i I I \ S;NTeCR k,....___ ..... 75RD AvE. NE. , _ :. .' Ne--•-:. ..4 re5e•4, 1I. Ili -".'•',., : .4,4.3.1,A4.....- ..',,".'...". r, ± ,_ .....,—...,•.... i la.,6,1....„,—--t,•-....,•,-i -- --':— -- '-'..1 *-'..:‘,,' .,:‘.4'-':. '''.... t.:1 ' r''‘,--. -Le,9, ' <,7-..a S a- •-; ' ' I' I 3 14 2 / .,31.--s". ,.... '''• 4,------- 2,- -''''' - -...,,Z. .,.. •' : >W.i'!: */ • ,i , I t • , 1 ',.. ',a, 61),:p . I . * ' ' i •;"' ' .; ' it 1 (- A :- ...%, .i„, ' .3 , ""*"'.• t; .-4"---• • , .-17-tf, ' . 1:15 I '7 4;40 4' ,pe -... : 5 2: /2 .' ." I 4' *. >I t • I Z .)27 .. Xi.. . •:;- t',„U .. si‘&r - . illa .,,•!.".1.-- , ,,_ .YI;;741,:v-:',.,...e et 0 t. ,,„,„..,.., ,• • :,:, 1 , • • ,..!( 6 REGISTERED . 44) 1 5- i',1': , . ', q i 1 •7 0, lac ' • .Y'15;.' r 1 • k -: LAND 's i , an.,vae- e...„ :i .. SURVEY ) •_.ta . c.) • z` z, ,..) ; ! 2 ‘ s 4 31 I..' .•4i.:;,, -. NO. 78 _ B - . . , TA.T. 1 ( ( •:a.ar,ar • .di ICOMMERCE CIRCLE 4SQ. fr.' ,451/5-- . I .-... • ,..., 1 .v4..., „....,4 i- .4. 4° .."or io -. t'l ' 0, ef' e le vor 4 6) •.,. (I) / i6 t , . z 1...._ AA.,1$1.• . '4 /_2 "t"7-77-'74-' '.' ""• ' • &el _ . 1 .1 I .... ;.:.......',Ailed , ,, ' • • ./..a (0) TRACT B '" "".."' Li, 1,..,- _. __ _.-- ..... ..,-;_ Alea.r0.0,,,,,--- a•e,res......., ) 1, ! _ ._ -.. r , 1 ,g4Pe I 1,., , • 1 , 9 i 14-21 , . , ••. ..0 ; :./I'. ... .• TRACT A COLUMBIA ARENA.. .S . . . . 4,e , . '-...• I),- *,,I ,." I TRACT '1 .1 - ... i3 . : I • —.... •F .-- .----- , Ix 1- .- V`. I .,... , .., ... ,....„,. , .: ... ,... 0 ( , „„...... 1 ,,:. ....„ ik4,- . : - TRACT D 1 t:' •el— < I— ' 1tr) fusn 1, co +0. ! ,,, % .. , :5 1 . ,, l .____J4 7:7::' Noarw .flanare.., s..v.r..m, 'tarn o•sraocr , 69TH AVE. NE. j.s. SW CORNER -.------1 I I 1 I 1 I Sec SEC„ , I ( \....._ LOCATION MAP SP #93-17 -rcn A cn.rnt}a Pr � , ` "679 Ro ° ;.:::e pi.;�1t1111� � HOSPITAL --.7,t.4446- "3:__}; • ..-----.. 2L----t, ii _ -iy1,23 I:, --, f•-•-., I iiic .4.4 . • / ,0#/ Ill /4 2 _fiAjt_._19-. . ,, 1_ /4.1.10P.;?y iriT111 T,p:TM AVE. N.E. 2' 9 ti Zy T, I. 11 `` 11 •1• G,RA .•\ ��� Lr',U,TE;. ... j 40,4p, ® Ik• - Aiiiiiii#'>- ' • CI-,41, ./::./' , Alt. ': - VAS A1.1,1, •. . . :: - 1" 1 =,�� ���1. Any -4 . . „' 464 ,-•rr \ \ ) ,Na/\", 13 , , W 111IN¢ ywt�o I s' IIIItNI a > • •{ �, s l > , ; > aft/WOOS ®Zgalleara , er , A , mg) _ / -:. look ,. . 1, ;- y n®* ,. �® �HI. 'i'll43 Nr2 'alga, .. :_ 7 --- ... .:Yelli„, t.„- - ' r'ARF z..i - 4.0.. ,,,,,,, .•• dpitQ��I'I1IIr1) O R1CT` TRACT S / /! W i 111111 z / �'44 r, ,flt'.� .t.` Ø/ 4� w' TERE� cz PF / L 0 (2 / ' 2 ‘f W r-er r W ; yjg s -fr, A A 9/, � ,e, CC d4 7//, i ).:.. ,.° : Tti. , .. _ts ,.,, (4) / ��� — • '-71ST AVENUE NE rd , 'Y' -•.. 4! sty 6N DISTRICT LEGEND ci �y C 0 M MU `, y R ONE FAMILY OWC S 0 M-1 LIGHT INDUSTRIAL 0 E / .� C - R-2 TWO FAMILY DWG'S 0 M-2 HEAVY INDUSTRIAL I (�3 ' L<.) ) <i R-3 GEN.MULTIPLE DWG•S 0 PUD PLANNED UNIT DEV. El ` , C YY _ R-4 MOBILE HOME PARK 0 S-1 HYDE PARK NEIGHBORHOOD ❑ y . _� • -3lt I 3 +�, P PUBLIC FACILITIES ❑ S-2 REDEVELOPMENT DISTRICT ❑ 0:;) ' A ..:/,_ �~', �' S C-1 LOCAL BUBUSINE ❑ O-1 CREEK+RIVER PRESERVATION a ✓ 4 W J C-2 GE NE GENERAL BUSINESS � O-2 CRITICAL AREA ❑ -tPj •_ y TTRA JJ� C-7 GENERAL SHO PIING 1A/ ,. t si"'/ ('' C-R1 GENERAL OFFICE 0 VACATED STREETS f.1 4.3111111) ZONING MAP Staff Report SP #93-17, by University Billiards Page 2 REQUEST The petitioner, University Billiards, is proposing an expansion of its operation at 7178 University Avenue N.E. into two adjacent vacant tenant spaces within the Rice Creek Business Center. SITE Located on the subject parcel is a single story, masonry, multi- tenant building. The property is zoned M-1, Light Industrial. There is additional industrial zoning to the east and west. Zoning to the north is C-2, General Business. Zoning to the south is P, Public Facility. History University Billiards is defined as a commercial recreation use and therefore is required to obtain a special use permit in the M-1, Light Industrial district. In February 1988, the City issued the first special use permit to allow the establishment of University Billiards. At that time, the facility was 5, 186 square feet. In July of 1988, the City Council reviewed this special use permit for compliance with the original 11 stipulations. At that time, the City Council chose to remove four of the stipulations, including the limit on hours of operation. In 1989, the petitioner filed a second special use permit to allow a 2,600 square foot expansion into an adjacent tenant . space, bringing the total floor area to 7,792 square feet. This request was approved with six stipulations. Present Request The petitioner's current request is to permit an expansion of the use into two adjacent tenant spaces; one to the west and the other to the south of the existing space. This expansion will allow the addition of 16 pool tables, 5 arcade games, 2 dart games, an expansion to the kitchen, and the addition of a pro shop. The total square footage will be 13,792 square feet. ANALYSIS Section 205. 17.01.C. (4) allows the issuance of a special use permit for commercial recreation uses subject to the following conditions: Staff Report SP #93-17, by University Billiards Page 3 1. The parking supply shall be in compliance with the requirements of Section 205. 17.05 of the City Code, and be sufficient to support full occupancy of the building. 2. Only wall-mounted signs subject to the limitations of Section 214 of the City Code shall be permitted. 3 . The proposed use shall only be permitted when it can be demonstrated that the operation will not generate levels of traffic which reduce the existing level of service as defined by the Institute of Traffic Engineers on streets at intersections. 4. The proposed use in the opinion of the City Council would be compatible with the area in which it is proposed to be located. 5. The building owner and/or agent shall be responsible for informing any prospective tenant that the property is zoned for industrial use. In addition, the section allows the maximum gross floor area for both tenant size and percent of total building to be considered on an individual tenant-specific basis. The petitioner has previously demonstrated that items 2, 3, and 5 can be met by the use. The City Council's granting of the previous requests has demonstrated that the City Council agrees that the use is compatible with the area it is located. In the 1989 request, the parking requirements were of most concern regarding the expansion. Adequate parking is again a concern for the present request. The proposed expansion will increase the area occupied by University Billiards to 13,792 square feet or 24% of the building. Based on the uses within the University Billiards tenant space, 82 spaces will be required; almost half of what is provided on-site for the entire building. Based on the tenant usage supplied by Brookstone Management, 132 spaces are currently required by all tenants within the building. This will increase to 162 spaces if the proposed expansion area by University Billiards is approved. There are 166 parking spaces are provided on-site. There is 6,003 square feet of vacant, leasable space remaining. If staff uses the speculative parking ratio of one space per 500 square feet, 12 spaces would be required for the remaining vacant space. There are only four spaces remaining which would leave the property under-parked by eight spaces. To avoid this, the management company would be limited in leasing the remaining Staff Report SP #93-17, by University Billiards Page 4 square footage to a tenant which only uses warehouse space. Brookstone is attempting to acquire a reciprocal cross-parking agreement with U.S. Swim and Fitness to the north. A parking agreement currently exists which permits U.S. Swim and Fitness patrons to use the northern parking stalls of the Rice Creek Business Center during off-peak hours. Brookstone is attempting to amend this lease to allow University Billiards' patrons to use the southerly spaces of the U.S. Swim and Fitness parking lot during non-peak hours. Brookstone may pursue this option, but given staff's experience with the parking situation in this area, this is not a viable solution to the parking problem (see memo from Steve Barg dated December 17, 1993) . POLICE DEPARTMENT CONCERNS Staff has received a memo from the Police Department outlining two concerns regarding the present request. They indicate that there .is a concern with the number of calls for service at University Billiards and the presence of juveniles under 18 years of age at the billiard hall. The condition of approval for the previous request required that the petitioner shall sign and enforce the curfew for minors. In Deputy Director Lenzmeier's memo of December 16, 1993 to Director Sallman, he states that the curfew law prohibits juveniles under the age of 18 from loafing or loitering in a public place after 9:30 p.m. He states that it is almost impossible to enforce this ordinance in the billiard halls, since a person waiting to play billiards is not necessarily loafing or loitering. The result is that juveniles may "hang out" all night at the billiard hall. The result of juveniles "hanging out" is that the likelihood of certain crimes increases as a result of their presence in the billiard hall. The Police Department is currently in the process of comparing crime information from the area around University Billiards to the area located around East Moore Lake Commons mall. They are attempting to compare the number of calls for service and the types of calls for service for each area. It is the Police Department's inference that the presence of the billiard hall increases certain types of crimes. The complete analysis will not be available for the Planning Commission's review; however, a preliminary analysis has been submitted• with Deputy Director Lenzmeier's memo. The Police Department has recommended that three actions occur in regards to the present request: 1. The present request be denied. Staff Report SP #93-17, by University Billiards Page 5 2. The hours that University Billiards to limited to 8:00 a.m. to 1:00 a.m. 3. That no juveniles be allowed in the University Billiards without their parents after 9:30 p.m. The current hours of operation is from 11:00 a.m. to 6:00 a.m. , or in some instances, 8:00 a.m. closing time typically occurs during Friday and Saturday. If the Planning Commission chooses to approve the request for expansion, the request by the Police Department to limit the hours of operation and eliminate the presence of juveniles after 9:30 p.m. are recommended as stipulations of approval. RECOMMENDATION Staff recommends that the Planning Commission recommend denial of the request, SP #93-17, to expand the commercial recreation facility for the following reasons: 1. The petitioner has adequate use of the facility as a result of a previous expansion approval by the City Council. 2. The increased parking demand generated by the expanded use leaves little or no flexibility for the property owner for re-occupancy of the building to more intensive uses. 3. Documented parking supply problems with U.S. Swim and Fitness. If the Commission chooses to recommend approval of: tie recjest to the City Council, staff recommends the following stipulations as a condition of approval: 1. The hours of operation shall be limited from 8:00 a.m. to 1: 00 a.m. 2. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. 3. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 4. The petitioner shall patrol parking lot and manage its misuse. 5. No alcoholic beverages shall be served or allowed on premises. Staff Report SP #93-17, by University Billiards Page 6 6. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 7. The special use permit shall be reviewed by the City Council one year from the date of approval or sooner if the City determines there is a management problem which requires. further restrictions or removal. SP #93-17 • _,a.../ ,.....•_-,:,- - .g Asproth . er ..3 — -.:" ' iti"k, AI nice Crcck •, Business Center, Li‘ illikill. • 1-1-\.t: . 1. _. ' Winfield offers you a lei fir ,: V. professionally landscaped ' • =\ U� setting with abundant free ,N • a „.LC parking. ^" • Architecturally-designed, j highly energy-efficient and H a ' fully insulated buildings. �s �s14 414 '$'. \• Eifidcnt truck loading— �*grade or dock hclght doors. - �,"1yFire proof canstructton,fully _� ti^� ✓sprinkicred. a2v 5• 5fi,4G square feet of : iX'omrc scrvlcc. _ 8 L Z.manufacturing,showroom ` and warehouse space with • Individual opportunities �,P from 1.000 square feet. • • Flexible floor and bay / 1a. sizing to meet your current --- El - and anticipated needs. / • Customized office space ,r finished to your ' specifications. • Nigh visibility-•--ri ht off 694 on University Avenue. • Easy access to the U.S. a Swim and Fitness Center E ... will be an added benefit for your employees. • ' 1" r NOATTrroa�r ,I 1! NOA-nTTO�N CR053T0WN +-•F'.•stior m �+ CO CENTER i_ 73 J. 1 t^~ • C 'RICE CREE ,: a. *13UsU 4ESS -r Kt r•i 1;NTER :yl''' , War l • ,,, tt 1 4— I. 1494 r n u�rnNc : ,,i I.. Eae,e„ ‘ 4 I 4xuall.iL: t I::* 41�.�CENTER, AOSEtiAUE /. .' SF30rr1NG l ,2' � Ni r T6 :#lid' 36 rSebue6e s 1. . t P. 'InNbV L I..Uni.e�ky Ott to Mph T $'- ¶efMinnesota i' TNla.raul NA V , -. - . 4011 Ilit-3)11 Rice Creek Business Center — Fridley OF ..i 513,446 sq. ft. total area. F. SP #93-17 , Greg Asproth It ng i41 i -11:j ligL4-1., ,,.. _ ii : 74 -. i •1 [ :ii 1.7., 1 I • 1"1 li . _ .... , N 11...-;• ••• . • rill:: 1-1. , o- l'a. - • • • . . , 1 ci • . • .......t '•~' 17 ,...cii-E1 7 „LI —F ill . t..: I . I IL - • MN t0 I . , :II NIs'%:P ...... 4 , wr MI Pill OM ±7±1._____c.:: - 11 • / %. FLOOR PLAN SO MB University Billiards 7178 University Ave. H.E. • Fridley,Minnesota 55432 574.1399 December 16, 1993 City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Attention: Michelle McPherson Planning Assistant Regarding: Future Expansion Current Stipulations #1, 2 & 3 Please find enclosed a detailed description of future expansion and stipulations: We currently have 29 pool tables and will be a total of 45. There are 7 arcade games and we are able to add approximately 5 more based on their size and our allotted space. We have 2 dart games and are adding 2 more and relocating them towards the front of our space. We plan to add a kitchen including one or two more freezers and an oven/grill/deep fryer to serve hamburgers,ffries and possibly onion rings. The kitchen will be approx. 238 sq. ft. and a new pro shop will be approx. 420 sq. ft. including pool table accessories. In regard to current stipulations: #1 We have posted on our door thay no-one under 18 years can be in our place after 9:30 and we do ask to see an I.D. if we think they fall into that age group-and are in our'place after hours. #2 After 6 P.M. we have sufficient adult staffing. After 8 P.M. there are 2 to 6 employees working until closing. All of our employees are over the age of 18. #3 We patrol the parking every 15 minutes and if any customers are out in the parking lot we ask them to comein-onto leave. If we can be of any further assistance please let us know. Thank you, Greg As th University Billiards GA/na POLICE DEPARTMENT )p MEMORANDUM City of Fridley €" Minnesota DATE DECEMBER 17, 1993 FROM DIRECTOR SALLMAN TO ACTION INFO SUBJECT CITY MANAGER X UNIVERSITY BILLIARDS MICHELLE MCPHERSON X DEPUTY DIRECTOR LENZMEIER X This memo is in response to a request by University Billiards for a special use permit to expand their business to 13, 0OO square feet. The police department has some significant concerns. Attached is a memo from Deputy ,Director Lenzmeier noting some of the problems that we have experienced at University Billiards. We are in the process of comparing crime in the area of University Billiards to the East Moore Lake Commons Mall. We believe that the results will show a significant amount of crime in the area surrounding University Billiards as compared to the East Moore Lake Commons. The significant difference between the. two areas is a 24 hour billiards establishment. It is our contention that University Billiards attracts clientele that is responsible, in part, for the crimes in that immediate area. We have received numerous complaints from surrounding businesses of vandalism to their businesses and vehicles parked at their businesses. We believe that the numbers will show that there are more vehicle break-ins at US Swim and Fitness (near University Billiards) than at Moore Lake Swim and Fitness in spite of the latter being many times larger. It is staff's recommendation that: - The requested expansion be denied - The hours at University Billiards be limited to 0800 to 0100 - That no juveniles be allowed in the University Billiards without their parents after 9:30 PM. I realize that all of the conditions may not be possible, but it is our responsibility to note that, in our opinion, University Billiards presents a significant public safety problem in the City of Fridley. We will provide further supporting data as it is prepared. r� _ POLICE DEPARTMENT ( / 1 City of Fridley MEMORANDUM '9 I Minnesota DATE DECEMBER 16, 1993 FROM DEPUTY DIRECTOR LENZMEIER TO ACTION INFO SUBJECT DIRECTOR SALLMAN X UNIVERSITY BILLIARDS The University Billiards started in Fridley on February 22, 1988 with an initial size of 5000 square feet. Since it was a recreational business that would be operated in a business district, it needed and was granted, a special use permit. At that time there was a concern about hours of operation and so the business was to close by 0100 hrs each day except for Thursday, Friday and Saturday when the business was allowed to remain open until 0200 hrs. On April 3, 1989 the business was granted permission to allow it to expand to 7800 square feet. In addition, the hours restriction was removed. Today the business is a 24 hour business. It is unknown at this point how long it has been operating at 24 hours per day. University Billiards has now requested to expand their business to 13,000 square feet which almost doubles the size it now occupies. It is the position of the Fridley Police Department that not only this proposal be denied, but that we again limit their hours as was done in the past. The problem we have today is that there is not enough time for our computer system to compile enough data to substantiate that the University Billiards has attracted customers into our city that may be responsible for a higher incident of crime in the area of University Billiards than in other similar areas of the city. We would like sufficient time to compare the calls for service ,from the strip mall in which University Billiards is located with the calls for service from East Moore Lake Commons. Both locations are near a 24 hour health club (an important point since it is felt that there is a higher incident of theft and vandalism to vehicles at US Swim and Fitness than there is at Moore Lake Racquet Swim and Fitness.) The University Billiards strip mall has a total of 11 businesses which includes US Swim and Fitness, while East Moore Lake Commons has a total of 12 businesses which includes Moore Lake Racquet Swim and Fitness. Although East Moore Lake Commons does not have a billiard hall, it does have Joe DiMaggios, as a sports bar. As a preliminary study we were able to run statistics for only Joe DiMaggios and University Billiards. During the period of 1/1/92 to 12/16/93 there were 134 calls for service at University Billiards. During that same period there were 32 calls for service at Joe DiMaggios. A breakdown of some of those calls is as • follows: COMPARISON OF CRIMES AT UNIVERSITY BILLIARDS AND JOE DIMAGGIOS Crie -s Universit,, Joe Di Maggios Billiards Assaults 4 0 Property Damage 11 O Disturbing the Peace 13 1 Possession of Liquor 9 0 • � • 0Obscenity2 Thefts 13 8 0 Drugs Finally, University Billiards has a unique clientele that.is unlike many of the businesses in Fridley. While it attracts many juvenile customers, it also attracts adult customers. Therefore, it is possible that the business will have 50 people inside, half of which are adult and half juveniles without parents. While you may . find the same' proportions of crowd at a movie theater, they have little, if any, interaction which is not true at a billiard hall. One might think that our curfew ordinance would keep juveniles uncler the age of 18 out of the billiard hall after 2130 hours. The curfew law prohibits juveniles under the age of 18 from loafing or loitering in a public place after 2130 hours. It is almost impossible to enforce this ordinance in a billiard hall since a person waiting to play billiards is not necessarily loafing or . loitering. That gives juveniles a place to hang out all night. Juveniles hanging out after hours with nothing to do increases the likelihood of crimes similar to those listed in the above table. I Community Development Department PLANNING DIVISION City of Fridley DATE: December 17, 1993 TO: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant FROM: Steven Barg, Planning Assistant SUBJECT: Special Use Permit Request for Expansion of University Billiards This memo is written with respect to the University Billiards special use permit application which will be heard by the Planning Commission at its December 22, 1993 meeting. It is my understanding that this application has raised parking concerns which involve the U.S. Swim and Fitness facility. During my five years of employment, I have occasionally received complaints regarding parking problems at the U.S. Swim and Fitness facility at 7200 University Avenue N.E. The most recent complaint was received on November 29, 1993. The primary issues generally involved in these complaints are as follows: 1. On-street Parking/Safety Hazard. In 1986, the City removed the no-parking signs along the east side of Commerce Lane N.E. as a temporary measure to provide additional parking for the U.S. Swim and Fitness facility. Although U.S. Swim and Fitness obtained an agreement for additional parking spaces at the Department of Jobs and Training facility across the street, the parking restrictions were never put back into place. As a result, there often appears to be a safety hazard caused by vehicles parked very tightly together along the east side of Commerce Lane, extremely close to driveway entrances. This problem is especially severe during the peak hours of U.S. Swim and Fitness' operation, from approximately 5:00 p.m. to 9:00 p.m. 2. Insufficient Use of Additional Parking. As I indicated, U.S. Swim and Fitness obtained an agreement in 1986 for additional parking in the Department of Jobs and Training lot on the opposite side of Commerce Lane N.E. However, my observations suggest that U.S. Swim and Fitness patrons often do not use this parking area for overflow parking. As Expansion of University Billiards December 17, 1993 Page 2 a result, Commerce Lane and perhaps other adjacent parking facilities become more crowded. 3. Inadequate Maintenance During Winter Months. The complaint which I received on November 29, 1993 concerned possible inadequate maintenance of the U.S. Swim and Fitness parking lot. Although the condition of the parking lot (some snow and ice build-up) did not warrant a letter of non-compliance in my opinion, I would agree with the complainant that such maintenance may lead fitness center patrons to park elsewhere. At the present time, I am monitoring the parking situation on Commerce Lane and have written to the property owner of U.S. Swim and Fitness indicating that. the City may consider posting no- parking signs if this parking situation does not improve. Please let me know if you have questions or wish to discuss this further. BD/dn M-93-751 DEC 18 93 1 d: 28 BROOKSTONE P GE . ©2 RICE CREEK BUSINESS CENTER PARKING SITUATION Sq. Ft. Breakdown Stalls pays(a1. Tenant Office commercial Warehouse Bequired 1 - 2 Bradford's 618 1,190 3,918 32 3 Proposed 2,877 19 Expansion 4 - 6 University 511 7,514 112 52 Billiards 7 Proposed 384 1,508 . 886 11 Expansion 1/2 8 Preferred 1,796 7 Temp. 1/2 8 & Carpet 2,363 1,795 6,522 9-11 Design Center 12 - 13 Vacant 3,205 2,798 0 14 - 18 Commers/ 5,737 6,509 l& a-comp 19 Commers 2,894 1 Expansion 20 - 21 Mag. 1,800 3,509 1) Research 16,414 12,007 30,025 16k MAR TOTAL 87 % OF BUILDING PARKIN SPACES RffiQUIRED Office 16,414 28% Warehouse 30,025 51% Commercial 12,007 21% PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, December 22, 1993 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #93- 17, by University Billiards, Inc. , per Section 205. 17.01.C. (4) of the Fridley City Code, to allow an expansion of a commercial recreation use, on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than December 15, 1993. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: December 7, 1993 December 14, 1993 . 'G'+gaZ` CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY,MN 55432 - (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT' SPECIAL USE PERMIT APPLICATION:FORM PROPERTY INFORMATION - site p an re wired-for submittal; see attached • . Address: • 1 ( Ji {tiers( Property Identification Number(PIN) Legal description: . Lot Block Tract/Addition zoning: Square footagelacreage • . Reason for'special use permit • )( x\StCn _ ��"Section of City Code Oj -Have you:operated a business in.a city which required a business'license? • . Yes - No • If yes,.which.city? -.Fri d - If yes, what type of business? • - . Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME ADDRESS DAYTIME PHONE SIGNATURE DATE PETITI NER INFORMATI N : t` NAME 10Q. u T9 i nc ADDRESS 1 ‘(\ u V 1 S5 DAYTIME PHONE S-) SIGNATU DATE � Fee: $200.00 � $100.00 for residential 2nd accessory buildings Permit SP# Receipt# '115 3 Application received by: ^ ' Scheduled Planning Commission date: I LOPP/4340J/ Scheduled City Council date: 4 CITY OF FRYDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY,MN 55432 (612) 571-34$0 - COMMUNITY DEVELOP ENT DEPARTMENT SPECIAL USE PERMIT APPL ATION FORM DEin _TYJNFORM'ATXON-site p an re u' dfor submittal; see attached • Address: .1 1-1 S . `611LerS 1 e • • a Property Identlficaticn Number(PTN)_R1 30 24 32 0 4 f Legal description: - .. ' . Lot 4 ,5,6 Block 1 Tract/Addition fit? zndustxial Park• except the ••, Ctyrtrcnt zoning:'• COMM-�IN • 6rh 3 feet a �D .Lot 4; �.,w Square fotrn1gelaC a 5 8,4 4 6: ,S F. :' • • " : Reason foApegial use,permit, ' . '• . ' . ____.Section of City Code:' • . • :liaryou:operated a business in•a citiwhich required a bust ss'license7 . • ' ' ' ' . : • 'yes✓.-No If yc::,.w.hich.city? ' • . • • • • If yes, what tytie of business? -i 0 t:g :' _ • Was that license ever denied or reCoked? Yes � Ni_�... • EEEIL Y, sEQB TENS, (as it appears $t the property title) (Contract Purchasers: Pee Owner; must sign this form prior " processing) NAME Fridley Business plaza Limited par ership ADDRESS c/o Brookstone Real Estate Services, Inci 3300 Edinborough way in0'7 55435"'a Edina, MN. DA ,I lvIE PHONE i 6�2l 835•�0860 SIGNA 4r-4L. �� r¢,i.:_ DATE 11/22/93 - : . .. It I 1 ' a NAME A 10c . tr ' ADDRESS_all ',-_. A iti. 1 ; DAYT E PI-IONE 5^7 SICNATt1I v ; L,_;. 17 _. _.k DATE 1i 9 Fee: $200.0 —.�__ $100.(x) for residential d accessory buildings Permit.SP# _ _ Receipt# Application received 4: _ _ Scheduled Planning Commission ante: Scheduled City Council date: ^•r - s a' PLANNING 12/3/93 SP #93-17 University Billiards, Inc. MAILING LIST COUNCIL University Billiards, Inc. Greg Asproth 7178 University Avenue N.E. Fridley, MN 55432 Trustee Group Realty Partnership 251 Commerce Circle South Fridley, MN 55432 Trustee Group Realty Partnership 3610 Highway 101 South Wayzata, MN 55391 Parkview Developers 250 Commerce Circle South Fridley, MN 55432 Parkview Developers 6279 University Avenue N.E. Fridley, MN 55432 U.S. Swim and Fitness 7200 University Avenue N.E. Fridley, MN 55432 Or Winfield Development 5780 Lincoln Drive Edina, MN 55435 Current Resident 7110 University Avenue N.E. Fridley, MN 55432 City Council Members Planning Comm. Chair Fridley Business Plaza Limited Partnership c/o Brookstone Real Estate Services, Inc. 3300 Edinborough Way, #207 Edina, MN 55435 MINUTES FROM 1989 REQUEST l _ l FRIDLEY CITY COUNCIL MEETING OF APRIL 3, 1989 PAGE 4 Councilman Fitzpatrick stated h elieved the motion took this into consideration. B. CONSIDERATION OF A SPECIAL USE PERMIT, SP #89-03 . TO ALLOW THE EXPANSION OF UNIVERSITY AVENUE BILLIARDS TO INSTALL ADDITIONAL BILLIARD TABLES AND ARCADE GAMES IN A TENANT SPACE ADJACENT TO THE EXISTING FACILITY ON LOTS 4, 5, AND 6, BLOCK 1, PACO INDUSTRIAL PARK, THE SAME BEING 7178 UNIVERSITY AVENUE N.E. , BY GREG ASPROTH: Ms. Dacy, Planning Coordinator, stated this is a request to allow expansion of University Avenue Billiards located in the Rice Creek Business Center at 7178 University Avenue. She stated University Avenue Billiards currently occupies Bays 4 and 5 and they wish to expand into Bay 6. She stated University Avenue Billiards is proposing to add 11 pool tables and 5 additional video games. Ms. Dacy stated the Planning Commission recommended approval of this special use permit subject to six stipulations. She stated all of these stipulations mirror the previous approval granted by the Council in 1988. She stated the one addition recommended was that the development owner agree, in writing, to accept Stipulation No. 5 prior to approval by the City Council. Ms. Dacy stated Stipulation No. 5 provides that the development owner shall notify the City of future additions/expansion in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. Ms. Dacy stated a letter has been received from Winfield Development acknowledging Stipulation No. 5. Mr. Burns, City Manager, requested a clarification of the intent of Stipulation No. 6. He stated he understands this special use permit would not be reviewed by the Council in August, 1989 or sooner, if there are no problems. Mr. Robertson, Community Development Director, stated Mr. Burns' understanding was correct and this stipulation does not provide for a mandatory review. MOTION by Councilman Billings to receive the communication from Winfield Development dated March 29, 1989 in which they agree to comply with the terms of Stipulation No. 5. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee aeclarea the 'motion carried unanimously. MOTION by Councilman Billings to grant Special Use Permit, SP #89- 03, with the following stipulations: (1) the petitioner shall sign and enforce curfew for minors; (2) the petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays; (3) the FRIDLEY CITY COUNCIL MEETING OF APRIL 3. 1989 PAGE 5 petitioner shall patrol parking lot and manage its misuse; (4) no alcoholic beverages shall be served or allowed on premises; (5) the development owner shall notify the City of future additions/expansion in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council; and (6) the special use permit shall be reviewed by City Council at the first meeting in August, 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated it is his understanding that the City has had few, if any, problems at this location and they have proved to be a good neighbor. He felt the concerns about the parking are warranted, but it was a tremendous advantage to the owners of this property to have the use of the building during the off-hours. He thanked the owners of University Avenue Billiards for doing such a good job. Mayor Nee stated he shares Councilman Billings comments and felt University Avenue Billiards operates a fine establishment. C. CONSIDERATION OF A SPECIAL USE PERMIT, SP #89 s4, TO ALLOW EXTERIOR STORAGE ON PART OF LOT 6, A % TOR'S SUBDIVISION NO. 39. THE SAME BEING 92 43 ' e AVENUE N.E. , BY GREEN MASTERS INDUSTRIES: Ms. Dacy, Planning Coordinator, stated this operty is located on the south side of 43rd Avenue. She state. reen Masters Industries wants to use the building for storage • their trucks and a small office and store landscaping mat- ials and various types of vegetation outside. She stated a een Masters will improve the parking lot and install four Eve -•reen trees to meet the screening requirements. Ms. Dacy stated the Plan' g Commission recommended approval of this special use permi with nine stipulations. She stated the . Commission directed s aff to investigate whether or not a B6-18 concrete curb was -cessary for this type of parking lot. She -T _ fl a rttnr�jas v,Jse 1. bi js .a j 'ir al city standard for str- ets and not necessarily a parking lot improvement and a B6-12 o another alternative is acceptable. She stated the ordinance d• -s not specify the type of curb that needs to be installed -nd staff is, therefore, recommending that stipulation No. 1 be -mended to delete the specification of B6-18. She stated it is - so recommended that the beginning of Stipulation No. 7 be modi ed by inserting the words "prior to issuance of a certificate of •ccupancy", rather than just "prior to occupancy" . PLANNING COMMISSION MEETING, MARCH 22, 1989 MOTION by Ms. Sherek, seconded by Mr. Barna, to recomme- . to City Council approval of Special Use Permit, SP #89-02, by 'm Bowe, per Section 205.24.04.D of the Fridley City Code o allow the construction of a single family dwelling in e Flood Fringe District on property located on Lots 13, 14, and 15, Block M, Riverview Heights, the same being 7919 Broad = enue N.E. , with the following stipulations: 1. A grading and drainage pl. shall be submitted an approved prior to any alt- ation of the land and the issuance of the buildi• • permit. The grading and drainage plan shall sp- ifically address the effects on surrounding properti- = . 2. The lowest floor - evation must be 823.9 feet or higher and the elevat' - must be maintained for 15 feet around the structure 3. The unenc •sed deck is allowed to encroach no more than. 12 feet nto the city easement. 4. Prio to the issuance of the building permit, the pr• •erty owner shall sign a covenant to be recorded at e County releasing the City from any liability for issuance of this special use permit. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOT 'N CARRIED UNANIMOUSLY. s. Dacy stated this item will go to City Council on April 3. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #8q-03, BY GREG ASPROTH: Per Section 205.07.O1.C.4 of the Fridley City Code to allow the expansion of University Avenue Billiards to install additional billiard tables and arcade games in a tenant space adjacent to the existing facility on Lot 4, 5, and 6, Block 1, Paco Industrial Park, the same being 7178 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Barna, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 8:15 P.M. -6- t PLANNING COMMISSION MEETING, MARCH 22, 1989 Mr. Barg stated University Avenue Billiards was granted a special use permit in 1988, SP #88-02, allowing them to operate a commercial recreational use in the Rice Creek Business Center. The business is located on the northeast corner of this complex. Mr. Barg stated that presently University Avenue Billiards occupies Bays 4 and 5 totalling 5,186 sq. ft. They are proposing to expand into Bay 6 which is 2,650 sq. ft. in area. The current operation allows for billiard tables, video games, and a snack bar. The petitioner is proposing to add 11 billiard tables and 5 video games. Mr. Barg stated when SP #88-02 was discussed by the Planning Commission and City Council, the two main concerns were the parking problems at the Rice Creek Business Center and the possibility of misconduct-related problems. Mr. Barg stated that as far as the second concern, the Police Department did not express any problems with the business and did not seem to object to any expansion. Mr. Barg stated that regarding the parking situation, the concern from staff's point of view is that when the original special use permit was -approved in 1988, 125 parking spaces were required to meet the tenants' needs, and the Rice Creek Business Center provided 166. Since that time, additional vacant tenant space has been leased to both new and existing tenants, increasing the total number of parking spaces necessary to 142. The proposed expansion to University Avenue Billiards dictates the need for 17 parking spaces. If the special use permit is approved, the business center would need 159 parking spaces, leaving 7 spaces for use by tenants of the one remaining tenant space. If the tenant space was divided 50/50 between office and warehouse use, that would require exactly 7 spaces. So, the parking requirement would be met; however, it is noted in the stipulations that it is important to keep track of the change in usage in the Center because any change to more office/retail from warehouse could require more parking spaces. Mr. Barg stated, in addition, 20 parking spaces along the north side of the Rice Creek Business Center are shared under an agreement with U.S. Swim & Fitness. These spaces, which allow only after-hours parking for fitness club members, are counted as part of the 166 parking spaces provided by the Center. Mr. Barg stated that with the expansion, 52 spaces would be allotted for University Avenue Billiards. This seems to exceed the number of spaces needed as the University Avenue Billiards business -7- I PLANNING COMMISSION MEETING, MARCH 22, 1989 is heaviest during the evening hours and on weekends when the other businesses are not operating. Mr. Barg stated staff is recommending the Planning Commission recommend approval of the special use permit with the following stipulations: 1. The petitioner shall sign and enforce curfew for minors. 2 . The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3 . The petitioner shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on premises. 5. The development owner shall notify city of future additions/expansions in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. 6. The special use permit shall be reviewed by City Council at the first meeting in August 1989 or sooner if the City determines there is a management problem which requires . further restrictions or removal. Mr. Betzold asked how they could assure that the development owner would notify the City of future additions/expansions in vacant building space (stipulation #5) . Mr. Barg stated he has spoken to the development owner and they are agreeable to this. Maybe they could require that the development owner sign an agreement stating they are agreeable to this requirement. Mr. Dahlberg stated the parking requirements for Bays 1 - 6 totals 72 which is nearly half of the total parking requirement for the entire Center. If that is the total requirement for those six bays on the north end of the building, what is the implication on the tenants for Bays 7, 8, and 9? Do they have assigned spaces as well? Mr. Barg stated University Avenue Billiards is the only tenant that has specified parking spaces other than U.S. Swim & Fitness. -8- (- PLANNING COMMISSION MEETING, MARCH 22, 1989 Ms. Dacy stated half of the 72 spaces are supposedly for University Avenue Billiards, and during the day those spaces are not occupied by University Avenue Billiards. Mr. Barg stated with the proposed expansion, 52 of those 72 spaces are allotted to University Avenue Billiards, but University Avenue. Billiards' peak use is later in the day. Mr. Kondrick stated that by allowing the expansion to University Avenue Billiards, the development owner is essentially doing so at the risk of another business requiring more spaces. Mr. Barg stated that is why staff wants to monitor the additions/ expansions of vacant tenant space. Ms. Dacy stated the retail and office uses require special use permits, so the City can monitor it that way too. Mr. Asproth stated their business has just gone through one year. They have found that during the day Monday through Friday (Friday being a little busier) their business might have 7-10 cars at 4:00 5:00 p.m. By 6:00-7:00 p.m. , they might have 15-20 cars. He stated University Avenue Billiards is open 11:00 a.m. to 2:00 a.m. on weekdays, and 11:00 a.m. to 4:00 a.m. on weekends. Mr. Betzold asked if University Avenue Billiards would like any additional signage designating certain parking stalls for this business after 6:00 . p.m. , mainly because of the parking problems U.S. Swim & Fitness has. Mr. Asproth stated that even during their busiest time in the evening, they have not had any problem with U.S. Swim & Fitness members. Mr. Betzold asked if there seems to be a parking problem during the day for other tenants, because certain spaces are designated for University Avenue Billiards. Mr. Asproth stated there has been no problem. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. -9- PLANNING COMMISSION MEETING, MARCH 22, 1989 Mr. Dahlberg stated he is still somewhat concerned about the parking. He wondered if it was appropriate for the Planning Commission to ask the development owner to make sure the other tenants are satisfied and are not going to have problems with customers and/or employees for parking, even during off-business hours. The fact that the number of cars for University Avenue Billiards and U.S. Swim & Fitness during the off-peak hours could add to a lot of parking along the north and east side. Maybe the Planning Commission should suggest that the development owner post some signs designating certain parking spaces in front of the other tenants, particularly Bays 7, 8, and 9, so those tenants are assured of available parking spaces. Ms. Sherek asked if other tenants were notified of this special use permit. Ms. Dacy stated they were not. The public hearing notices go to the property owners, not to tenants. Mr. Dahlberg asked Mr. Asproth if he had discussed his special use permit application with adjacent tenants. Mr. Dahlberg stated if the landlord communicates well with the other tenants, there probably won't be any problems. He did not think the Planning Commission should try to impose regulations and requirements that are probably not necessary. He just wanted to express his concerns about the parking situation. MOTION by Mr. Dahlberg, seconded by Mr. Kondrick, to recommend to City Council approval of Special Use Permit, SP #89-03, by Greg Asproth, per Section 205.07.01.C.4 of the Fridley City Code to allow the expansion of University Avenue Billiards to install additional billiard tables and arcade games in a tenant space adjacent to the existing facility on Lot 4, 5, and 6, Block 1, Paco Industrial Park, the same being 7178 University Avenue N.E. , with the following stipulations: 1. The petitioner shall sign and enforce curfew for minors. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3. The petitioner shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on premises. -10- (- PLANNING COMMISSION MEETING, MARCH 22, 1989 5. The development owner shall notify city of future additions/expansions in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 6. The special use permit shall be reviewed by City Council at the first meeting in August 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Betzold stated this item will go to City Council on April 3 . 3. PUBLIC. HEARING: CONSIDERATION OF A :SPECIAL US PE' SP #89-04 , BY GREEN MASTERS INDUSTRIES Per Section 205.37.02.C.11 of the Fridley City Co-e to allow exterior storage on part of Lot 6, Auditor's S .division No. 39, the same being 92 - 43rd Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Dah •erg, to waive the reading of the public hearing notice and to • •en the public hearing at 8:45 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHA " •ERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated this property i ocated south of and adjacent to 43rd Avenue, just west of the intersection of Main Street. The property totals .83 acres. e site is currently zoned M-1, light industrial, and is bounded •y light and heavy industrial districts on all sides. A portion -o the southeast of the property is zoned R-1, residential, accor• ng to the City zoning map, but the parcel is owned by the railr' .d company and is vacant at this time. Ms. Dacy stated t - existing building on the site is used by Ajax _ Tool & Die. The are currently operating an outdoor storage area, but the busi - ss was started prior to any special use permit requirements or exterior storage. Ms. Dacy tated Green Masters Industries wants to locate in the buildi and use the outside area around the building for storage of t -ir landscaping materials and various types of vegetation. -11- MINUTES FROM 1988 REQUEST FRIDLEY CITY C UNCIf :VYING OF JULY 25, 1988 outdoor power implements such as lawn mowers, hedge clippers, etc. , the typical type of things a hcrneowner might use. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE AMENDED MOTION, Counc' lman Schneider, Councilwoman Jorgenson and Councilman Fitzpatrick voted ' favor of the motion. Mayor Nee and Councilman Billings voted agaist th= motion. Mayor Nee declared the motion carried by a 3 to 2 vote. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, :nd Mayor Nee declared the motion carried unanimously. Councilman Billings asked that staff send a letter to Mer:rds indicating the variances and use permit have bccn approved an• to make sure it is pointed out what a review can or cannot accomplis . He felt Menards is under the ingression a review would give the Counc'. an opportunity to add new stipulations at the time of the review. 4. ORDINANCE NO. 914 APPROVING THE AMENDMENT '•. THE FRIDLEY CITY CHARTER, SECTION 5.09 (INITIATION OF CHARM:R AMEND mo S) : MOTION by Councilman Schneider to waive e reading and adopt Ordinance No. 914 on the second reading and order • .•lication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all i•ting aye, Mayor Nee declared the motion married unanimously. 5. CONSIDERATION OF AMENDING T r TITLE IN THE MAY 2 AND MAY 16, 1988 CITY COUNCIL MINUTES TO READ: V•00TION SAV #87-07, TO VACATE THE 12 FOOT ALLEY IN BLOCK 5, HYDE PARK, LYI' NORTH OF THE SOUTH LINE OF LOT 22, EXTENDED EASTERLY AND SOUTH OF I NORTH LINE OF LOT 30 EXTENDED EASTERLY. ALL LYING EAST OF AND ADJOINING aTS 22-30, BLOCK 5, HYDE PARK, GENERALLY LOCATED BETWEEN 61ST AVENUE 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE JO.: SON (TABLED 7/11/88) : Mr. Hill, Acting ity Manager, stated the captions in the minutes of May 2 and May 16, 1' :8, are to be changed to reflect the entire alley being vacated rathe than just the westerly one-half. MOTION by .uncilman Billings to amend the titles or captions in the May 2 and May . 6, 1988, minutes to reflect the vacation of the entire alley rather than t the westerly one-half. Seconded by Councilman Schneider. Upon a voi - vote, all voting aye, Mayor Nee declared the motion carried imously. 6. REVIEW OF A SPECIAL USE PERMIT, SP #88-02, TO ALLOW A BILLIARD, AN ARCADE . AND A SNACK BAR, ON LOTS 4, 5 AND 6, BLOCK 1, PACK INDUSTRIAL PARK, THE SAME BEING 7178 UNIVERSITY AVENUE N.E., BY GREG ASPROTH (TABLE 7/11/88) : Mr. Robertson, Community Development Director, stated this special use permit was to be reviewed by the Council on June 20, 1988 and staff has found the petitioner is in ocmpliance with all the stipulations. He stated the petitioner, Mr. Asproth, is requesting a change in some of the stipulations which he has outlined in a letter to the City dated July 1, -8- FRIDLE Y CZTY COUNCIL MEETING OF JULY 25, 1988 1988. Mr. Asproth, the petitioner, stated he would like to add more video games as he has the space at his establishment. He stated at this time he is limited to three video games. Mr. Asproth stated he is also requesting that the stipulation to limit seating to 20 seats in the lounge area be eliminated. He stated he wished to add a large screen television for viewing sporting events. He stated the maximum number of seats they could accommodate would be 50 to 60. Mr. Hill, Acting City Manager, asked if a large screen television was installed, would they intend to seek sane type of liquor license. Mr. Asproth stated he has no intentions of adding liquor. He stated it is stipulated in his lease there would be no alcohol in the building. Mr. Asproth stated in regard to the hours of operation, people are working second and third shift jobs in the area and they patronize other establishments because their business is closed. He stated he would like to be unlimited as far as their hours and stay open 24 hours, if they have the business. He felt the reason the Council did not approve this when the special use permit was issued was because there nay be problems. He stated he wouldn't deny sanethin_g may happen, but not any more so than any other business establishment. He stated his business has not been a "hang-out" for kids. Mr. Asproth stated they run a "tight ship" and police their parking lot to keep a minimum risk for everyone. He felt the extended hours would help their business. Mayor Nee asked if the hours of operation could be loosened on a contingent basis. Mr. Herrick, City Attorney, stated this could be done as long as the period of time was indicated and, at that time, would be reviewed to determine if there are excessive problems. Mr. Asproth stated he would like to run a league and the Council was concerned with the parking if leagues or tournaments were run during regular weekday business hours. He stated the leagues would create more business, however, he probably would not run any tournaments. He felt with a league, there would not be more than 10 or 15 cars. MOTION by Councilman Billings to amend the stipulations for special use permit, SP #88-02 by eliminating Stipulations No. 1, 2, 3 and 8 and amending Stipulation No. 11 to read as follows: Special use permit to be reviewed by • Council at the second meeting in June, 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. Seconded by Councilman Fitzpatrick. Mr. Hill stated the petitioner has fulfilled all the obligations as far as the Police Department is concerned. He stated if there is a loosening of the restrictions and there is a problem, he would like the avenues to remain open for review. -9- • t FRIDLEY CITY COUNCIL MEETING OF JULY 25, 1988 Councilman Billings felt Stipulation No. 11 provides for this review. UPON A VOICE VOTE TAKEN ON THE ABOVE NOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 7. CONSIDERATION OF RECEIVING AND AWARDING BIDS FOR OUTER HARDWARE, SO AND SERVICES: Mr. Hill, Acting City Manager, stated due to sane new developments, aff is requesting this item be tabled. MOTION by Councilman Schneider to table this item. Seconded by •uncilwcman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee decl- ed the motion carried unanimously. 8. RESOLUTION NO. 57-1988 AUTHORIZING AND DIRECTING THE SP , TTING OF SPECIAL ASSESSMENTS ON AUDITOR'S SUBDIVISION #88, PARC'F'i S 200, :40, 2000 AND 1500, AND REGISTERED LAND SURVEY #100, TRACT B: Mr. Pribyl, Finance Director, stated this item w- - before the Council on July 20, 1987, and involves the property of the plat of Shorewood Plaza, P.S. #87-06. He stated the divisions and repl- , 'ng have been recorded at Anoka County and this resolution will corn' y with legal requirements regarding the splitting of special asses- - s on these properties. MOTION by Councilman Schneider to adopt ' -solution No. 57-1988. Seconded by Councilwoman Jorgenson. Upon a voi - vote, all voting aye, Mayor Nee declared the motion carried unanimous 9. RESOLUTION NO. 58-1988 TO CORRECT :+"OR AND TO RESCIND WEED CHARGE CITIFIED ON PIN NO. 25-30-24-42-0012, AND ' • RECERTIFY THIS WEED CHARGE ON PIN NO. 25-30-24-22-0012 FOR THE SECOND • OF 1988 TAX STATEMENT: MOTION by Councilman Billi_n•- to adopt Resolution No. 58-1988. Seconded by Councilman Schneider. Upo' a voice vote, all voting aye, Mayor Nee declared the motion carried I . •• ly. 10. RESOLUTION NO. 59-198' AUTHORIZING AND DIRECTING THE COMBINATION OF SPECIAL ASSESSMENTS ON HE' 'AL 2ND ADDITION, LOTS 3 AND 4, BLOCK 1, (PIN NOS. 13-30-24-33-0005, •3-30-24-33-0006, AND 13-30-24-33-0007) : MOTION by Coun • lman Schneider to adopt Resolution No. 59-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared th- motion carried unanimously. 11. RESOLUTIO1 NO. 60-1988 APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABL . NG WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRID r FIRE DEPARTMENT FOR THE YEAR 1988: Aldrich, Fire Chief, stated this is the Firefighters Labor Agreement for -10- C f FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1988 The petitioner, Ms. Lind, was present at the meeting and wa • agreement with these stipulations. POTION by councilman Schneider to extend th ' e to record Lot Split, L. S. #86-06, with the following stipulatio (1) new structure to meet City Cbde for front yard setback ave , 61 feet plus or minus 6 feet; (2) fence and shed to be relocated • to recording; (3) park fee of $750 required with building permit• (4) lot split to be recorded at the Gbuhty within three months y 22, 1988. Seconded by Councilman Fitzpatrick. Upon a voice v , all voting aye, Mayor Nee declared the motion carried una ' ously. /! 4. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 10. 1988; A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-02, TO ALLOW A BILLIARD, AN ARCADE, AND A SNACK BAR, ON Lars 4. 5 AND 6. BLOCK 1, PACO INDUSTRIAL PARK, THE SAME BEING 7178 UNIVERSITY AVENUE N.E. BY GREG ASPROTH; Mr. Robertson, Community Development Director, stated this special use permit is to allay a billiard hall and arcade with a snack bar in the Rice Creek Business Center located east of Commerce Circle East and south of 73rd Avenue. He stated this request is made possible by a recent ordinance change making it allowable to have commercial uses in industrial zones. He stated the Rice Creek Business Center was a multi-tenant building consisting of a large number of different office, commercial and quasi-commerical uses. Mr. Robertson stated the billiard hall and arcade would be located in the extreme northeast corner of the building. He submitted a drawing of this proposed billiard hall, arcade, and snack bar. Mr. Robertson stated there were basically two concerns, one being the parking and the other was possible misconduct by juveniles and adults at such a center. He stated the City has a development agreement with the aver of the building where they would work out the parking as space is leased. He stated 35 additional parking spaces will be provided for this business bringing the total to 125 required parking spaces to date. He stated there are presently 166 stalls provided, leaving a balance of 41 parking spaces. Mr. Robertson stated the concern about misconduct was raised by the Police Department. He stated it was found billiard halls can be well managed such as the one in Coon Rapids, C.R. Billiards, which has not experienced any problems. Councilman Billings stated at the Planning Commission meeting, he briefly discussed with the owner, Mr. Asproth, his plans for this business. He stated the petitioner is going into this business with the best intentions to make it attractive and not become a nuisance or problem for the City. He stated one area where the petitioner had a problem was the stipulation to provide two adults on staff during evening hours fran 6 p.m. to closing. -5- FRIDLEY CITY COUNCIL MEETING OF FEBRUAIW 22. 1988 Mr. Greg Asproth, the petitioner, stated the problen he has with providing two adults during evening hours is he is just starting a new business and didn't know haw many persons would patronize his establishment. He felt if the need arises, he would surely provide two adults. Councilman Billings asked Mr. Asproth if it was his intention to have at least one adult present at all times. Mr. Asproth stated either he or his wife would be there when the business is open. He felt Thursday, Friday and Saturday nights would be the busiest. Mr. Asproth stated they hoped to attract people from the U. S. Swim and Fitness (tenter, as well as softball players after their games. He stated the lounge contains a seating area withtabl�ess..ands Lirrss and snack bar and they would sell such items as popcorn,. Councilman Billings stated he understands the reason for limiting the seating is to prevent any loitering. He stated Mr. Asprtoh, as he understands, didn't plan to open this business until April and staff is requesting this special use permit be reviewed in June. He felt at the time of review, if all is proceeding well, the stipulation limiting seating could be re-evaluated. Mr. Asproth stated he planned to have three tables with eight chairs each and the Planning Commission recommended the seating be restricted to 20. Councilman Billings stated he felt the peak hours of operation of the billiards is complimentary to the hours the other busine se ss in this building operate. He stated he didn't feel this petitioner should be penalized by what is happening with the parking for the adjacent building. He stated the parking isn't adduate for U.S. Swim and Fitness and they are constantly advertising for new members. Councilman Billings stated he would be prepared to grant this special use permit with a change in at all times with at least two eadultson staff busiss will pfrom6 rovide adequatea adult staff p.m. to closing on Fridays and Saturdays. Councilman Schneider stated all parking spaces are filled at U. S. Swim and Fitness and asked if staff was confident the parking situation can be managed. He felt with this business, it would probably add to the parking problen. Mr. Robertson stated it is his understanding when the parking was , considered, the most intensive use was anticipated in the evening hours when other businesses in the building are rot open. He stated the owner of the building acknowledges this may be in error and is the reason for reviewing this permit in June. Councilman Schneider stated if U.S. Swim and Fitness assumes they can use parking Robertsonwhich is stateU.S. for this and F tness can only use oneg row�o f Mr. the business center parking after 5 p.m. -6- FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22. 1988 Mr. Asproth stated he has visited other billiard establishments and there were 25 to 35 cars utilizing the parking area. He stated he felt if they get the same numbers, there is plenty of parking for his business, as well as U.S. Slim and Fitness. Ms. Sarah Harder, Leasing Agent for Rice Creek Business Center, stated only a few of these businesses are open several nights a week and on'weekends. She stated even if U.S. Sim and Fitness used 50 to 100 stalls, that would leave apfxoximaely 60 stalls for this operation. She stated it isn't that far to walk from one end of the building to the other. Ms. Harder stated most of Mr. Asproth's business would be in the evening hours when the other tenants are closed. Mr. Herrick, City Attorney, stated Mr. Asproth's lease should probably place the responsibility on the owner to provide adequate parking. Mayor Nee stated if people would park in the proper places, there wouldn't be any problem as parking is adequate. MOTION by Councilman Billings to grant special use permit, SP #88-02, to allow a billiard, an arcade and snack bar at 7178 University Avenue, with the following stipulations: (1) arcade will be limited to three games; (2) limit seating to 20 seats in lounge area; (3) business to close at 1:00 a.m. except on Thursday. Friday and Saturday when 2:00 a.m. would be allowed; (4) security lights for entire pricing lot (approved by staff) to be installed prior to opening; (5) business will sign and enforce curfew for minors; (6) business will provide one adult on staff during the day and at least two adults on staff during evening hours fran 6:00 p.m. to closing; (7) business operators to patrol parking lot and manage its misuse; (8) tournament and/or. league play will not be programmed during regular weekday business hours; (9) no alcoholic beverages will be served or allowed on premises; (10) development owner will accept limitations on occupancy of remaining vacant space should parking shortages result; and (11) special use permit to be reviewed by Council on June 20, 1988 or sooner if City determines there is a management problem which requires further restrictions or removal. Seconded by Councilman Fitzpatrick. MJTION by Councilman Billings to amend the above motion by changing stipulation No. 6 as follows: (6) business will provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE MIEN CST THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. (XONSIDERATION OF A PREI,IMJNARY T P.S. 7- 7.—HEATItliCiRS, BEING A REPIAT OF LQT 16. EXCEPT IfIE FEET, AUDITOR'S SUBDIVISION M. 92. AM O RN HILLS ADDITION. AND THAT PART OF LOT 14. AUDITOR'SU�IVISION M. 92. WHICH LIES EAST OF THE WEST 165 FEET THEREOF, AND LOT 25. AUDITOR'S SUBDIVISION NO. 92. -7- ► • • • Srry OF F TDT Y 2IAMUNG COMMISSION MEETING. FEBRUARY 1Qi71988 CALL_TO ORDER: Chairperson Betzold called the February 10 1988, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Donald Betzold, Davi. Kondrick, Dean Saba, Alex Barna, Maynar• ielsen (for Mr. Svanda), Sue Sherek (arr. : :00 P.m. ) Members Absent: None Others Present: Jim Robins() , Planning Coordinator Jock Robe son, Community Development Director Steve B' ings, City Council Greg & ancy Asproth, 12748 Monroe St. RE. Sar. .arder, 2822 Leyland Trail, Woodbury Tan . Marge Brickner 6230 Highway 65 Brickner, 1233 - 12th Ave. KW", New Brighton i l iam & Ann Costello, 1623 Gardena Ave. N.F. James Tiller, representing Mr. & Mrs. Costello Roger Ettel, 1641 Gardena Ave. N.F. Charles Campbell, representing Mr. Ettel (See attached list) . ..• A '4) Ii\, 4 :1. • :: • 400 \. kk VIV . •\ V \l i , : •a •, Mr. Kondrick, seconded by Mr. Barna, to approve the January 27, 1988 Planning Commission minutes as written. •• A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZCLD DECLARED THE MOTION +'. . .IED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP 08-02. BY GREG iLR : Per Section 205.17.01.C.4 of the Fridley City Code to allow a billiard and an arcade; per Section 205.17.01.C.3 of the Fridley City Code to allow a snack bar, all on Lot 4, 5, and 6, Block 1, Paco Industrial Park, the same being 7178 University Avenue N.E. MUM by Mr. Kondrick, seconded by Mr. Nielsen, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, (BAIRPERSSCN BETZCLD DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Mr. Robinson stated this special use permit was to allow a billiard hall and arcade with a snack bar in the Rice Creek Business Center. This proposal was made possible by a recent ordinance change approved. by the City Council -1- PANG FISSION MEErIN3, FEBRIAn 10. 1988 in December 1987, published in January, and which took effect a couple of weeks ago. The ordinance change made it allowable to have commercial uses including restaurants and recreational-type uses in industrial zones. This is the first request to be processed under the revised ordinance. • Mr. Robinson stated the Rice Creek Business Center was located just east of Commerce Circle East and south of 73rd Avenue. The property was zoned light industrial located just south of the U. S. Swim & Fitness facility which is a commercial zone and was surrounded on the west by other light industrial- type buildings. The Rice Creek Business Center was a multi-tenant building consisting of a large number of different office, commercial, and quasi-commercial uses. Mr. Robinson stated the billiard hall and arcade would be located in the extreme northeast corner of the building. The two suites combined was 5,186 sq. ft. of floor area. The petitioners have submitted a site plan for the development which included the potential for 16 pool tahl es. Also included was an arcade area. Their request was for five video games. In addition, there was a shall snack bar area adjacent to the seating area where they are proposing to have eight tables, four chairs each, for a total of 32 seats. Mr. Robinson stated staff has had a number of concerns relating to this request, and some of these concerns have been resolved. Mr. Robinson stated that because it was a multi-tenant building with a combination of office and commercial uses, the parking situation changes on a regular basis with tenant changes. The building does have a great deal of commercial tenancy. The billiard hall by itself would require 35 stalls with the majority being considered as commercial space. That would bring the total parking requirement to 125 stalls. There are 166 stalls at the facility so this would leave a balance of 41 stalls. presently Mr. Robinson stated the building was under a lease/share agreement with U. S5.00Swim & Fitness for parking on the most northerly row of parking after p.m. and on weekends. Mr. Robinson stated he has worked out a plan with the building Leasing Agent, Ms. Sarah Harder, who was at the meeting. With the billiard hall addition, there would be 34 additional commercial spaces and one office space for a total of 35 spaces, bringing the total requirement for leased space to 125 spaces. The programming for the remaining vacant space would be for office and warehouse and no commercial for the rest of the building which would bring the parking to a total of 166 s stipulation that addressed the parking situation. paces. There was a Mr. Robinson stated the second major concern was raised by the Police Department dealing with the possibility of misconduct by juveniles and adults. Based on past experience in the city and other cities, there was the concern that the place would be used for loitering of juveniles which could lead to drinking in the parking lot. This has been experienced by past billiard halls in the City of Fridley. However, there were also good examples around the area of billiard halls that are well managed and where -2- justukasc14ISSI N al EE PTAYt FE I I 10. 1988 there are none of these problems. An example was CR Billiards in Coon Rapids. Mr. Robinson stated staff was reQommending the following stipulations which had been put together by both the Community Development Department and the Police Department: 1. Arcade will be limited to three games. (Mr. Robinson stated the reason for this stipulation was that an additional arcade feature would be an attractive nuisance ine, terms of catering more to the juvenile crowd which, they could cause some problems.) 2. Limit seating to 20 seats in lounge area.(Mr. Robinson stated this also would help prevent the possibil ity of loitering. ) 3. Business to close at 1:00 a.m. except on Thursday, Friday, and Saturday when 2:00 a.m. would be allowed. 4. Security lights for entire parking lot (approved by staff) to be installed prior to opening. 5. Business will sign and enforce curfew for minors. 6. Business will provide two adults on staff during evening hours f ran 6:00 p.m. to closing. 7. Business operators to patrol parking lot and manage its misuse. 8. Tournament and/or league play .will not be programmed during regular weekday business hours. 9. No alcoholic beverages will be served or allowed on premises. 10. Development owner will accept limitations on occupancy of remaining vacant space should parking shortages result. 11. Special use permit to be reviewed by Council on June 20, 1988, or sooner if City determines there is a managegnent problem which requires further restrictions or removal. im & Fitness does use that e stated thaareaghWould the parow U. S. king situation be even tighter northern row of parking now with this billiard hail operation? Mr. Robinson stated that was one of staff's concerns also. However U. S. to use at Swim & Fitness is only allowed anticipates thatththe parking on's share of the business after hours and on weekends. The petitionerpa hours, so it would not seem to for the billiard hall will be in th evening Most overlap with the other building's business needs for parking spaces. of the businesses close by P• -3- Mr. Barna stated he questioned stipulation #6: "Business will provide two adults on staff daring evening hours from 6:00 p.m to closing. " What about adult supervision during the day? Mr. Robinson stated the main concern was that during the after-school hours and evenings, there would be adequate supervision if problems should arise. Mr. Barna cited the example of the corner grocery store that has'an arcade located in it and that hires teenagers who are out of school to work. Sanetimes things can get out of hand without an adult present. He stated he felt there should be one adult in the billiard hall at all times, especially during the summertime, on vacation days, holidays, etc. Mr. Sates asked why the hours had been extended to 2:00 a.m. on weekends, instead of 1:00 as previously recommended by staff. Mr. Robinson stated the petitioner feels that in order to make the business financially feasible, he needs the extra hour of operation. He will be catering not only to people who use U. S. Swim & Fitness, but also to second shift workers who might want to play pool after work. Mr. Robinson stated there is a billiard hall in (bon Rapids located in the shopping center across Highway 47 fran Northtown called C. R. Billiards. He stated a permit was recently granted by the Coon Rapids City Council to allow them to operate until 2:00 am Because the business has been handled in such a good manner, the saner has more recently been granted permission to operate until 4:00 a.m. Mr. Robinson stated staff feels that as along as there is the power to review the special use permit, if there are any problems, the City has enough insurance to manage the situation. Because this billiard hall is in a district apart from residential, staff feels the chances for causing problems to the neighbors were minimized; and if there are any problems relating to any criminal activity, the City will certainly know about it and can take the appropriate action at.that time. The petitioner was aware that if the business was not managed properly, he will lose his permit. Mr. Barna stated that if the billiard hall was located in a bowling alley or an area where it was zoned properly, would there be any restrictions on hours? Mr. Robinson stated he did not believe there were any restrictions on hours in the proper zoning. Mr. Greg Asproth stated stated a lot of the Planning Commission's and concerns seem to be r questions and could cause. regarding the hours of operation and any problems thesoulHe had checked with the Coon Rapids Police Department, Fridley Fire Department, and the Spring Lake Park Police Department. He has found that the Spring Lake Park Police De with a billiard hall called DOTS opennmunt l has had .i proC. R. and it is until 2:00 a.m. C. R Billiards in Coon Rapids has been granted permission to be open until 4:00 a.m because of its good record. He stated that everyone he has talked to -4- 1111111111.11111111111111.1. • ' E w f111►TT*4 «A1T 1f2 u kri Y 1 al220, 1988 �121 I��1 L/7` 1 has said that management is the most important thing. If they have good management and run a clean operation, .they can avoid those kinds of problems cause problems. Be stated their goal is to and keeppeople out who mightt to sign a long lease, so it was in their run a c c lean operators. They best interest to manage the business well. Mr. Betzold asked Mr. Asproth if he had any problems with the stipulations as outlined by staff. Asproth referred to stipulation #6 regarding two adults on staff during Mr. He stated that during the the evening hours from 6:00 p.m. to closing. there is not during the beginning Monday-Tuesday-Wednesday,of the week, Monday Y' to number of people as there is on the weekends. canA According eye ont plan,They arcade area.will be close to the desk so�� the office,roe, they can also see also have a two-way mirror so when they pert ofc the week, what is going on in the arcade area. During the early pa do want they do not need two people staff at all times. However, they two adults on staff on ds. Mr. Asproth stated he would agree to always having one adult on staff. He felt one adult was needed for every 25 people; but if there are mor seine pe t le me than that, they would need another adult. At noon and during too many when there is not much business, there was not much sense in having people on staff. Asproth referred to stipulation #1 regarding the arcade being limited to Mr. romoperations threea games. usuallyyea waiting listdfor tables; and in orderhallo get people that there is t pool table, they need something for them to do. He to stay and wait for a es, that would keep people around until believed that by having video cpm tables opened up. Mr. Asproth stated that regarding parking, they have checked with other At C. R. e ing. Billiards, billiard halls to find out how other businesses 9:are0 .do there were 25 they observed that on a Friday P cars, so he did not anticipate a big perking problem because his business would be smaller than C.R. Billiards. MELON by Mr. Saba, seconded by Mr. Barna, to close the public hearing. UPON pima VOTE, ALL VCTING AYE, CHAIRPERSON BEPZ(1 D DECLARED THE PUBLIC HEARING CLOSED AT 8:00 P.M. (Ms. Sherek arrived at 8:00 p.m. ) Mr. Kondrick asked the reason for the limitation to three games in the arcade area. Mr. Robinson stated that in the letter written by the petitioner (page I-H of the agenda), Mr. & Mrs. Asproth expressed their desire to havae•a top notch onitate hthatl where soundedthere great, tut staff was ld be tournaments conce rned t t the arcade Robinson stated -5- C and the large seating area (also part of the proposal) attractive place for juveniles to come and loiter, and there could be problems associated with that. The petitioner being available for perceived the arcade games as to limit the arcade peoto ple are waiting to play pool. Staff would like games.games at all. games. Originally, staff had recommended no Mr. Robinson stated that when the special use permit is reviewed; they can look at this again, along with the hours of operation. Mr. Betzold stated that regarding the concern of having two adults on staff in the evening hours during the earl Department was concerned about this, theycouldy part of the week, if the tol ice City Council. express that opinion to the Mr. Barna stated he wondered why they were thinking there were going to be a lot of juveniles in this billiard hall. it will draw people from U. S. Swim & Fitness, and in the summer it will draw people from the summer softball leagues at the immunity Park. Most of these people are going to be adults. He did not think there was going to be that much trouble with juveniles as it was far from the residential areas and not as accessible to juveniles. He stated maybe they are overdoing the trial period. Why don't they be more loose with the restrictions now regarding the number of arcade �es, staffing, etc. , and then when they review the special use permit on they can look at these things and see how it is going. Mr. Robinson stated staff was certainly hoping there would not be those problems; however, they do not feel they should allow the permit to go without these restrictions. All these stipulations were gone over carefully by both the Community Development Department and the Police Department. Mr. Betzold stated he felt they have to be cautious in the beginning. They do not want to allow so many things that they are hard to take back after the trial period. Mr. Saba suggested they have more than one review date, such as one year fram now in addition to the June 20 date. and four months might not be enough time to lreally see hos do w�t..helbuusth inessnis doing. Mr. Robinson stated that, originally, they had a six month review, but the petitioner wanted time to come back for more arcade games or more seating , and perhaps additional hours. So, they decided to go with an earlier review date. The Commission could add another review date on June 20 when this special use permit is reviewed for the first time. =MN by Mt. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of Special Use Permit, SP #88-02, by Greg Asproth, per Section 205.17.01.C.4 of the Fridley City Code to allow a billiard and an arcade; per Section 205.17.01.C.3 of the Fridley City Code to allow a snack bar, all on Lot 4, 5, and 6, Block 1, Paco Industrial Park, the same being 7178 University Avenue 1V.E. , with the following stipulations: -6- - T IT MlARY lQ.19� 1. Arcade will be limited to three games. 2. Limit seating to 20 seats in lounge area. 3. Business to close at 1:00w 2 s 00,willeb� allowed.on Thursday. e Friday, and Saturday parking lot (approved 4. Security lights for entire pa g _ by staff) to be installed prior to opening. 5. Business will sign and enforce curfew for manors.ol 6. Business will provide one adult times when the business is 1 parking lot and manage 7. Business operators to pa its misuse. will not programmed8. Tournament and/or league play during regular weekday business hours. 9. No alcoholic beverages will be served or allowed on premises. limitations on occupancy 10. Dfvelopnit owner will should parking shortages of remaining vacant space result.11. Special use permit to be reviewed by Council on June 20, 1988, or sooner if City determines there is a management problem which requires further restrictions or removal. UPON A VOICE VOTE, .ALL VOTING AYE, CHAIRPERSON BETZCLD DECLARED THE MOTION CARRIED U NANIMU SLY. .,- I�,�•• �ti�STDERATION OF A PRFT TMTI'JRY P 8 - 2• . CABLED 11/18/87) .. sion No. Being a replat of Lot 16, except the East 33 feet, Auditor's S Auction No. 92, and Outlot A, Acorn Hills Addition, and that part of Lot eof, except the r's Subdivision No. 92, which. liesi� f located West 5at5t:� Stinson Boulevardt East 30 feet of said Lot 14, generally N.E. QrION by Mr. Saba, seconded by Ms. Sherek, t, remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, •. • 'N• ON BE'TZCLD DECLARED THE MOTION CARRIED UNANIMOUSLY. •;. :; MOO ; j l ''�' Auditor's Subdivision No. Being a replat of • 16, except the East 33 feet, 92, and Outlot . .ern Hills Addition, and that part of Lot 14, Auditor's Subdivision N• 92, which lies East of the West 165 feet ter eetin, and Lot a 25, Audito Subdivision No. 92, except the southerly right- '-way, and all that part of Lot 24, Auditor's Subdivision No. 92, exc- , the south 150 feet of the east at 5980 Stinson Boulevard N.�eluding a c�t7of-way, all generally located -7- Community Development Department (f7 � p PLANNING DIVISION City of Fridley DATE: December 17, 1993 TO: Planning Commission Members Appeals Commission Members FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Customer Service Surveys The City Manager directed staff to conduct customer service surveys. The Community Development Department staff developed customer service surveys for each area. The customer service surveys for the Planning and Appeals Commission land use application processes were mailed in October. Survey questions were developed based on the "Cycle of Service" concept. Each step of the process was detailed, and questions developed for each step. The cycle of service worksheet is attached for your review. A memo summarizing the overall results and the written comments from respondents is also attached for your information and discussion. To summarize, it appears that both the Planning Commission and Appeals Commission are each doing a good job. Many of the remarks for each portion of the process were positive. I have attempted to summarize the strengths and weaknesses for each commission: Planning Commission Strengths • Process was clearly explained, the staff report was well- organized and factual. • The meetings are conducted in a professional manner. Weaknesses • It is difficult to pinpoint weaknesses in the Planning process. Approximately 80% of the respondents agreed or strongly agreed with each of the questions. Many of the respondents did not respond to the questions regarding the building permit or the building inspection staff. Customer Service Surveys December 17, 1993 Page 2 Appeals Commission Strengths ♦ The Commission is courteous and polite. ♦ The meeting was conducted in a professional manner. ♦ The staff report is well-organized and factual. Weaknesses ♦ The hardship was not clearly explained. ♦ The petitioner did not understand the hardship. ♦ The process was too long. As a result of the customer service surveys, staff recommends that the Appeals Commission work to develop some type of handout which clearly explains the concept of hardship. Staff recommends that this activity occur during the first quarter of 1994. MM/dn M-93-748 1 ' Cycle of Service Worksheet 15 16 / 1 0.422wtik-c-ta!A 14 2 cere- u..Ue--- 13 3eo,“ 7' 12 4 r, - 11 5 Aartas-r hiOTl eC 6 �s�-ass .9 s-n i_knoNis c(..QCAL- 8 7 4) ►ssI CNA t49 r- Possible Moments of Truth in a Typical Phone Call 1 . 2. 3 . 4. 5. 6. 7. . 8. 9. 10. 11. 12. 13. 14. 15. Community Development Department P p PLANNING DIVISION City of Fridley DATE: November 22, 1993 TO: Barbara Dacy, Community Development Director FROM: Michele McPherson, Planning Assistant SUBJECT: Customer Service Surveys As you know, i sent out customer service surveys in late October. Mike Darrow, Intern assisted in compiling the results. Ninety-five surveys were mailed to the petitioners of 1992 and 1993, year to date. Forty-four surveys were returned, for a return rate of 46%. In general, we received positive responses regarding the process. We asked how people found out about the need for either the Appeals or Planning process; approximately 50% of the respondents called in for information. Very few respondents learned of the process through the newspaper, cable TV or the city newsletter; 50% or more of the respondents learned of the process through some other means. Summaries of the responses are attached for your information. Appeals Commission Twenty-two surveys were returned regarding the Appeals Commission. 2n general, staff received positive responses regarding our helpfulness and attitude; 80% of the respondents agreed or strongly agreed that staff was helpful, courteous, and polite. The results indicate that the term hardship and its importance need to be more clearly explained to the petitioners. More than half of the respondents didn't agree or didn't know about the hardship. Fifty- five percent of the respondents ' felt the process was too long. Planning Commission Twenty-two surveys were returned regarding the Planning Commission. Again, staff received high marks for helpfulness and attitude from the respondents. Staff also received high marks for the remaining questions on the survey regarding the process and staff report. Fifty percent of the respondents felt that the process was just right. For 1994, surveys will be sent to the petitioners with the Action Taken letters we typically send out. The surveys will then be tabulated on a quarterly basis: March, June, September, and December. If you have any questions regarding the survey results, please let me know. M-93-689 • CUSTOMER SURVEY QUESTIONS APPEALS COMMISSION 1. How did you learn that you would need to apply for a variance? 50% Called in for information. 41% At the time of building permit application. 2. Had you heard about the variance process prior to your application? 0 Focus Newspaper 9% Friend or Relative 4.5% Cable TV 0 City Newsletter 50% Other (Please specify) 3. Please rate the following components of the e process: 1=Strongly Agree, 2=Agree, 3=Disagree, gl Y Disagree, 5=Don't Know 1 2 3 4 5 The need for a variance was 32% 55% 4.5% 9% 0 clearly explained to me. The term hardship was clearly 14% 23% 18% 9% 32% explained to me. I understood the need for a 18% 41% 14% 18% 14% hardship. The hearing process and schedule for meetings was clearly explained 27% 64% 0 4.5% 0 to me. The submission requirements were 18% 68% 9% 4.5% 0 clearly explained to me. The application and attached documents were easy to understand. 23% 64% 4 .5% 4.5% 0 The application was easy to complete. 27% 55% 4.5% 4.5% 4.5% The stipulations were discussed • with me prior to receiving the 23% 59% 0 9% 4.5% staff report. I received the staff report prior 18% 68% 4.5% 0 4.5% to the meeting. The staff report was 18% 64% 9% 0 4.5% well organized. The staff report was factual. 14% 59% 9% 0 4.5% The staff report was easy to understand and follow. 18% 46% 9% 4.5% 9% The stipulations were stated in the staff report as discussed with the staff person. 32% 32% 9% 4.5% 9% The Planning Assistant, Michele McPherson, was helpful. 50% 27% 0 4.5% 14% The Community Development Director, Barbara Dacy, was helpful. 36% 41% 0 4.5% 9% The Planning Assistant, Michele McPherson was courteous and polite. 46% 32% 0 4.5% 9% The Community Development Director, Barbara Dacy, was courteous and polite. 55% 32% 0 4.5% 23% The Planning Assistant, Michele McPherson, responded in a timely manner to requests for information. 41% 32% 0 4.5% 4.5% The Appeals Commission was courteous and polite. 41% 41% 4.5% 4.5% 0 The Appeals Commission meeting was conducted professionally. 41% 31% 0 4.5% 4.5% The City Council was courteous and polite. 36% 27% 9% 0 4.5% I received the building permit in a timely manner after the City Council action. 27% 23% 4 .5% 0 14% The Building Inspection staff was courteous and helpful. 32% 18% 0 9% 14% 5. The process was: 0 Too short. 55% Too long. 23% Just Right. 6. Please provide any additional comments or suggestions which may improve the process. CUSTOMER SURVEY QUESTIONS PLANNING COMMISSION 1. Which application process did you participate in? 68% Special Use Permit 14% Lot Split 9% Rezoning 4.5% Vacation 4.5% Plat 2. Had you heard about the Planning Commission and its function prior to your application? 4.5% Focus Newspaper 4.5% Friend or Relative 0 Cable TV 4.5% City Newsletter 59% Other (Please specify) 3 . How did you learn that you would need to process an application? 46% Called in for information. 46% Stopped in for information. 4. Please rate the following components of the process: 1=Strongly Agree, 2=Agree, 3=Disagree, 4=Strongly Disagree, 5=Don't Know 1 2 3 4 5 The hearing process and schedule for meetings was clearly explained 60% 36% 4.5% 0 0 to me. The submission requirements were clearly explained to me. 50% 36% 4.5% 4.5% 0 The application and attached documents were easy to understand. 46% 46% 9% 0 0 The application was easy 46% 46% 4.5% 4.5% 0 to complete. • The stipulations were discussed with me prior to receiving the 46% 36% 9% 0 4.5% staff report. I received the staff report prior 55% 23% 9% 4.5% 4.5% to the meeting. The staff report was 55% 27% 9% 0 0 well organized. The staff report was factual. 55% 23% 14% 4 .5% 4.5% The staff report was easy to understand and follow. 32% 46% 9% 0 4.5% The stipulations were stated in the staff report as discussed with the staff person. 46% 41% 0 0 4.5% The Planning Assistant, Michele McPherson, was helpful. 68% 14% 4.5% 0 0 The Community Development Director, Barbara Dacy, was helpful. 73% 4.5% 0 4.5% 4.5% The Planning Assistant, Michele McPherson was courteous and polite. 82% 14% 0 0 0 The Community Development Director, Barbara Dacy, was courteous and polite. 78% 4.5% 4 .5% 0 9% The Planning Assistant, Michele McPherson, responded in a timely manner to requests for information. 64% 23% 4.5% 0 0 The Planning Commission meeting was conducted professionally. 64% 32% 0 0 4.5% The City Council was courteous and polite. 46% 18% 9% 4.5% 0 I received the building permit in a timely manner after the City Council action. 27% 18% 9% 0 9% The Building Inspection staff was courteous and helpful. 23% 18% 9% 0 18% 5. The process was: 0 Too short. 23% Too long. • 50% Just Right. 6. Please provide any additional comments or suggestions which may improve the process. COMMENTS FROM THE CUSTOMER SERVICE SURVEYS PLANNING COMMISSION 1) I find it difficult to answer some of the questions, especially when specific people are listed. I don't have the trust that thit is not known who this response came from.I I thought am not thet there is something wrong. Quite the opposite, g entire staff did an excellent job on our difficult property. One of the things that would be nice to see would be the City Manager stop in to business owners (or someone representing the City) . This would be a way to have more interactions between everyone. Mike Schroer 2) My personal thoughts are when I had to compete with my neighbors they were allowed to speak with hysteria. The council and I discussed at length about different things. Until Mr. Billings made the point that we were talking about things that didn't matter. I couldn't agree more. I, being the underdog, had to keep going over and over the same stuff. To me, I was doing a filibuster. I can't thank Mr. Billings enough for his understanding. (I think that's his name) As I have in the past, I wish to thank: Barbara Dacy, Michele McPhersen, Mary, Clyde Willey, John, Steve Billings, and others John Rainville 3) This was done one year ago. My questions/answers would probably be answered differently if this was received closer to the actual process. 4) Make it only one hearing instead of two. The planning commission can review the proposal, return it to the petitioner with conditions and then only have one hearing in front of the city council. 5) So far, so good APPEALS COMMISSION 1) Michele and Barb are winners! ! 2) I think everything went quite well. Michele did a great job. 3) Thought building permit was part of the original application for variances etc. 4) I pulled out of the process about halfway through. I moved to another house within exact Fridley. they are.glad Keep up the regulation work i and requirements are as 5) Everything seemed to go ok. 6) The city codes should be changed because there was no reason I should have to get a variance just to change the face plates in my sign. 7) The variance was simple, non controversial and yet it took as long to complete as a complex and controversial variance. We sat 2-3 hours in commission and council meetings just to get our variance in front of the council. Why not schedule simple cases first instead of last? Simple vs complex variances and have a fast track process for simple variances? 8) Excellent job by Michele McPherson prior to the application for variances and her support during the Appeals Commission meeting. 9) I was impressed with Michele McPherson's efficiency in assembling supporting documents (including aerial photos) for use in the variance hearing. Things have improved a lot in our procedure since I was on the planning commission in the early '60s. Vern Bandel 10) The process has been what it should be; complete, timely, and responsible.