HomeMy WebLinkAboutCCRes_89-10No. R-89-_l0
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CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date May 9 , 1989
A RESOLUTION RELATING TO A CONDITIONAL USE PERMIT FOR BULLSEYE
GOLF CENTERS, INC. (GOLF-MAT-GAMES) AND AMENDING
RESOLUTION R-87-35
WHEREAS, Dennis Hunt, President of Bullseye Golf, Inc. has requested
amendments to the existing Conditional Use Permit established by
Resolution 87-35,
BE IT THEREFORE RESOLVED, that Resolution R-87-35 be amended and
the following conditions be established:
1. The operation is limited to sixteen (16) machines with
the occupancy limit being posted as designated by the Fire
Marshal.
2. Patrons of the Golf-O-Mat facility will be required. to enter
the establishment through the Golf Shop entrance.
3. Signs shall be posted, in accordance with the requirements
in the City Code, requiring patrons to park in the south
and west parking lots of the Bullseye Plaza Shopping Center.
4. Hours of operation in the Golf Leagues will be limited to
7:00 P.M. to 8:30 P.M. Monday thru Thursday.
5. An amount of retail square footage equal to the area occupied
by the Golf-O-Mat facility shall have hours of operation
which do not coincide with the hours of the golf-o-mat operation.
YEAS Nays
~~ALDWIN
~jCYERNIA
!/G~HENOWETH
~ALLIN
Absent gL'SH
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Moved by Councilmember Ciernia
Approved by ~ ~ ;,~)
~~ ~~
yor
May 9, 1989
Date
~in Favor
Against
Attested by ~
City Administrator
May 9 , _1989
Date
May 9, 1989
Adopted by Council
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6. Each year the owners of the Bullseye Plaza shal]_ supply
the City with information regarding the Center's current
tenant mix, hours and vacancies. This information will
be used to review the parking plan for the Center. If it
is determined that the Shopping Center is in violation of
the parking variance, the Conditional Use Permit may be
revoked.
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7. A written agreement for an additional 13 parking spaces
shall be in effect with adjacent property owner(s) within
500 feet of Bullseye Plaza and the City will be promptly
notified of any change in the agreement.
8. Restaurant use shall be
retail space under this
restaurant space would
parking requirements in
limited to 15 percent
shared parking plan.
require full compliance
the City Code.
of the available
Additional
with restaurant
9. No alcoholic beverages including 3.2 beer or
substance other than prescription medicines
or displayed on the golf-o-mat premises.
any other controlled
shall be consumed
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• PARKING AREA AGREEMENT
This Parking Area Agreement is made this ~_ day of _~
1989, by and between MR EMS SYSTEMS, INC., a Minnesota corpo tion
("Embers") and BULLSEYE GOLF CENTER, INC., a Minnesota corporation
("Bullseye").
1. RECITALS.
1.1 Embers is the owner of a certain parcel of real
property, and improvements thereto, legally described in Exhibit A
attached hereto (the "Embers Premises").
1.2 Bullseye is the owner of a certain parcel of real
property, and improvements thereto, legally described in Exhibit A
attached hereto (the "Bullseye Premises").
1.3 The Embers Premises and the Bullseye Premises share a
common property line in an area directly north of the Embers
restaurant building, upon which property line is located a parking
area with thirteen (13) marked parking stalls as noted in the
Exhibit B attached hereto (the "Parking Area").
1.4 The parties hereto wish to set forth in writing their
agreements and understandings with respect to the Parking Area.
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements herein set forth, the parties agree
as follows:
• 2. USE. The Parking Area shall be used by the customers
and/or employees of Embers and for the employees and
non-Golf-O-Matic customers of Bullseye for the nonexclusive,
temporary parking of motor vehicles and for no other purposes
whatsoever.
3. TERM. This Agreement may be terminated by either party
on thirty (30) days prior written notice. Thirty (30) days after
the delivery of such notice, neither party shall have any rights or
obligations hereunder and this agreement shall be terminated.
4. REPAIR AND MAINTENANCE. Except for damages to the
premises caused by the negligent act of the other party, each party
shall, at its expense, maintain that portion of the Parking Area
located on its premises in good condition and repair. The parties
further agree to cooperate in good faith in the scheduling of the
repair, maintenance and re-marking of the Parking Area.
5. NO PARTNERSHIP. Any intention to create a joint venture,
partnership or agency relation between the parties hereto is
expressly disclaimed.
6. NOTICES. Any notice desired or required to be given
under this Agreement shall be either hand delivered or sent postage
paid registered or certified mail, return receipt requested,
As to Embers: MR EMS Systems, Inc.
1664 University Avenue
St. Paul, Minnesota 55104
• Attenion: Mr. Henry Kristal
• As to Bullseye: Bullseye Golf Centers, Inc.
1557 Larpenteur Avenue
Falcon Heights, Minnesota 55109
Attention: Mr. Dennis Hunt
With a copy to: Towle Real Estate Company, Inc.
Suite 150, Capital Center
386 North Wabasha
St. Paul, Minnesota 55102
Either party may, by written notice, designate a different address
to which notices may be sent.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
0719E/042889
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MR EMS SYSTEMS, INC.
BY:~ 7
s ,~
BULLSEYE GOLF CENTERS, INC.
BY: 1
Its
EXHIBIT A
Legal Description of Embers Premises:
Lots 4 and 5, Keller's Rearrangement of Block 10 of Falcon
Heights Addition, including the West 1/2 of the vacated alley
adjacent to said lots according to the plat thereof on file and
of record in the office of the Registrar of Titles in and for
Ramsey County, Minnesota.
Legal Description of Bullseye Premises:
Lot 3, and the West 1/2 of vacated alley of Keller's
Rearrangement of Block 10 of Falcon Heights Addition, Ramsey
County, Minnesota. (Liquor Store)
Lots 6, 7, 8, 9, 10, 11, 12 & 13, Keller's Rearrangement of
Block 10 of Falcon Heights Addition, Ramsey County, Minnesota.
• (Bullseye's corner property)
Lots 14 & 15, Keller's Rearrangement of Block 10 of Falcon
Heights Addition, Ramsey County, Minnesota. (Filling station)
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EXHIBIT B
"PARRING AREA" •~~ y~~y
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BULLSEYE PARKING VARIANCE
AMENDED MAY 1989
(I) Use Square Feet Parking Req.* #Spaces
Storage/
Warehouse 12,194 1/100 s.f. 13
Retail 21,948 4.5/1000 s.f. 99
TOTAL 34,242
*The basement area would be used as storage/warehouse
space. (A reconsideration of the conditional
use permit for the Golf-O-Mat operation has been
requested.)
(2) .Retail space is defined to include traditional
retail uses, and restaurant useage shall not exceed
15$ of the total retail space or 3,292 square
feet. Use of space as take-out or non-sit down
operations will be considered as retail space,
not as restaurant space.
(3} A parking budget of existing tenants of the shopping
center will be submitted to the City of Falcon
Heights annually for review by Administrator to
determine compliance with the variance.
• (4) There shall be a written parking agreement in
place with property owners within 500 feet of
the center for an additional I3 parking places
and the city will be promptly notified if there
are any changes in the agreement.
Bullseye Plaza parking variance adopted May 9, 1989.
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