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MINUTES
REGULAR PLANNING COMMISSION MEETING
JANUARY 28, 1991
7 p.m.
Meeting was called to order 7:20 p.m. by Chairperson Boche
PRESENT:
Barry, Boche, Daykin, Finegan, Nestingen, Hoyt
Council Person Cernia
ABSENT'
Duncan, Gibson Talbot
APPROVAL OF MINUTES
Minutes of December 17, 1990 meeting were unanimously approved
as written.
COUNCIL MEETING MINUTES: January 9, 1991
Council approved the Planning Commission reappointment of Lee
Barry, three dear term expiring 12/31/93, and Ed Finegan, two
year term expiring 12/31/92.
ELECTION OF OFFICERS FOR 1991
• Leonard Boche was unanimously re-elected chairperson for 1991
and Lee Barry unanimously elected vice chair.
TERMINATION REPORT OF CONDITIONAL USE PERMIT FOR J.J.'S POOL &
GAM D 1544 Larpen eur Avenue es un er Sec ion 9-1 .04
Planner Hoyt gave a brief background report on the security
problems associated with J.J.'s Pool & Game Arcade over the
recent months. She reported that City Administrator Wiessner and
she had met with the owners, Mr. Joe Sacco and Mr. Jim Sacco, to
review their failure to meet conditions 3, 6, 9, & 10 as
stipulated in the original conditional use permit and to offer
possible solutions to the problems (see attachment 1).
Staff proposed three possible solutions. First, hire two
uniformed security guards in addition to the two employees to be
on duty during business hours; second, to remove the video games
leaving only the pool tables; and third, to close the business
by 8 p.m. since most fights/assaults occurred after this time.
At the meeting with city staff, the business owners explained
complying with these suggestions would make it financially
unfeasible to remain in business. They said they know they are
not meeting the conditions of the permit and are unable to
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institute measures to do so. Therefore cit staff recommends
the termination of the conditional use permit.
Messrs. Joe and Jim Sacco, owners of J.J.'s Pool & Game Arcade,
appeared before the Commission. Mr. Joe Sacco explained that
hiring two uniformed security guards and closing earlier was
financially impossible for the business. He reported that 65
percent of their gross annual income came from the games so
removal of the games leaving only the pool tables was a
financial hardship. Mr. Sacco said despite efforts to control
the patrons, violent incidents arose because assault crimes are
on the increase in the area due to gangs. When employees tried
to monitor the back door for exit use only, the patrons came
through adjacent businesses. The owners said they were unable
to institute measures to meet the conditions of the conditional
use permit.
Chairperson Boche thanked Messrs. Joe and Jim Sacco for coming
to the meeting and for their cooperation in reviewing the
permit.
Lee Barry moved to adopt the staff recommendation to the City
Council to terminate the conditional use permit for J.J.'s Pool
& Game Arcade at 1544 W. Larpenteur Avenue with the
understanding that the termination of the conditional use permit
would mean no game establishment could open at Northome without
• a new conditional use permit. It passed unanimously.
The recommendation to revoke the conditional use permit was
based on the following findings:
o that conditions 3, 6, 9, and 10 of the conditional use
permit as amended on August 9, 1989, relating to the
security of the business and parking lot, the use of the
rear exit, and the disruption of community standards of
peace and quiet are not being met as evidenced in police
reports on 1544 W. Larpenteur Avenue;
o that the business owners concurred that the conditions
are not being met;
o that the business owners stated that they could not
implement measures to meet the conditions;
o and that the procedures for a revocation of a
conditional use permit as identified in section 9-
15.04(5) of the City Code have been duly followed.
REPORT ON PROPOSED METHOD OF TERMINATING CONDITIONAL USE PERMITS
AS P F TH CONDITIONAL USE PERMIT PROCES
Planner Hoyt reported that she contacted City Attorney Tom Gedde
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requesting a mechanism to discontinue a conditional use permit
granted for a use once the use is discontinued at the location.
He said that according to state statute and Falcon Heights City
Code, the conditional use permit goes with the property not the
specific business use regardless of when the business closes.
However, if the conditional use permit is granted because of a
concern about the activities associated with the use rather than
site development features, the City may include a condition
terminating the conditional use upon business closure or
transfer of ownership.
DISCUSSION OF PROPOSED CONCEPT PLAN AND POLICIES TO BE INCLUDED
IN HE COMPREHENSIVE PLAN WITH PLANNING CONSULTANT AND THE
B IC
(See attachment 2, public attendance list.)
Fred Hoisington, Planning Consultant, briefly reviewed the
proposed comprehensive land use plan. He highlighted some
changes resulting since the community forum in November, 1990.
These changes included:
1) shift to limited business from multi-family residential
along the southside of Larpenteur, west of Snelling;
2) the removal of a collector street along Arlington
• through the state fairgrounds (due to conversations with
the University planner);
3) the removal of the neighborhood retail designation along
Lindig Street at Larpenteur Avenue.
City Planner, Susan Hoyt, identified significant policy changes.
These included:
1) Neighborhoods, Policy #6
Maintain the single-family character of the
existing residential neighborhoods and discourage
redevelopment that may be considered a change in
use unless irreversible bli ht can be demonstrated.
The additional phrase is to accommodate serious
blight adjacent to central commercial district
2) Commercial, Policy #9, the addition of the statement:
Require that any redevelopment project that may
logically extend beyond the area already zoned for
commercial use have a straight boundary that
generally correlates with a public street line or
the rear lot lines of residences and take all of
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the property to the project boundary. Further,
where such extension of a project takes place,
extraordinary setbacks and landscaping be required
to mitigate neighborhood impacts.
This was included to protect the surrounding residential
neighborhoods in the event that a redevelopment proposal
for the SE corner is proposed beyond the existing
commercial zone.
3) Economic Development, Policy #5
In the event that a portion of the State
Fairgrounds property becomes available or an
LRT station is located in the proximity of the
Snelling and Larpenteur intersection, allow
the entire area, but not a portion, of
Hollywood Court to be redeveloped with mixed
uses as part of the Snelling and Larpenteur
retail core.
This was done to address redevelopment if a substantial
change occurs in the surrounding land use.
4) Economic Development, Policy #1
• Restrict developments throughout the City to
three stories or 35 feet in height.
This was retained to keep the overall low-rise profile
of the City and, if necessary, to use as a negotiating
tool for the southeast corner of Snelling and
Larpenteur.
Mr. Warren Peterson, 1373 Hoyt, questioned draft commercial
policy #6 relating to required buffering, screening, and
landscaping. He questioned how the determination of
"feasibility" is made regarding the buffering and screening
required between existin commercial uses and residential areas.
Planner Hoyt explaine is was done on a case by case basis.
Chairman Boche replied more buffering requirements were placed
on new than on existing uses because existing land uses may need
to be termed a nuisance to require change. Councilman Cernia
stated that, even then, a nuisance that ideally requires
screening may be impossible due to space between the two
conflicting land uses. How to decide what is fair and on an
equitable basis must go through due process. Chairman Boche
explained the difference between the planning process and an
ordinance is that an ordinance is enforceable through the
courts.
Mr. Mark Ascerno, 1871 Tatum, made three suggestions for
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changes. The first was the intent of draft neighborhood policy
~4. He asked that it be more positivelx addressed by changing
it to read, an rou homes in residential districts should be
s aced not less an 1 2 mi e e ween omes. Secon Mr.
Ascerno a so as a or c ari ica ion o e phrase, "to
accommodate a 1990's lifestyle" He felt the term was
unnecessarily vague. Third, Mr. Ascerno asked that draft
Environment policy #8 include landscaping in existing
development as well as new development and redevelopment be
reviewed for landscaping for solar maximization. He also felt
that #10, "promote a curbside recycling program and encourage
on-site management of yard wastes" should include a statement
regarding encouraging recycling of yard wastes that do not lend
themselves to on-site recycling. Chairman Boche told Mr.
Ascerno that his comments would be taken under consideration.
Mrs. Elizabeth Close asked about burying overhead wires.
Planner Hoyt responded that Public Utilities draft policy #3
reads, "Require the burying of overhead utility lines in all
areas wherever and whenever feasible."
Chairman Boche thanked all attending the public hearing for
their interest and input in the comprehensive plan.
Further discussion followed on the draft of the proposed polices
for the comprehensive plan. Mr. Hoisington stated it would take
• about six weeks to prepare the entire draft document.
REQUEST FOR INFORMATION ON THE POSSIBLE EXCLUSION OF (OR FURTHER
Under Chairman Boche's initiation, the Planning Commission
requested the staff to report on the possible exclusion of or
further restrictions on game arcades and/or fool halls as
conditional uses in the City's B-2 zone. This request was made
due to a series of problems with these uses.
Chairman Boche adjourned the meeting at 9 p.m.
Susan Hoy , C1 y P anner
Dee Swenson,, Recor ing Secre ary
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