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HomeMy WebLinkAboutPL MINUTES 09211982 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102069 Box: 21 Folder: PL MINUTES AND AGENDAS 1982 Document: PL MINUTES 09211982 CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES September 21, 1982 The meeting was called to order by Chairman Jones. at 7 : 33 P .M. Present for roll call : Zawislak , Makowske, Jones , Peterson, and Bowerman. Absent: Bjorklund and Sopcinski . Also present : David Childs , City Manager; Ron Berg, Administrative Assistant; and William .Soth, City Attorney . Motion by Mrs . Makowske and seconded by fir. Bowerman to approve as submitted the minutes of the Planning Commission meeting held August 17 , 198.2 . Plotion carried unanimously . The following corrections were made to the minutes for the special hearing conducted of the Planning Commission, September 7 , 1982 . Page 2 , para. 1 : Substitute "questioned whether it would be allow- able" for "believed this might be permissible" , in Line 3 . • Page 8 , para.. 2 : Insert "sell a product or service to be consumed upon the premises and only these may reasonably be expected to" between "which" and "have" in Line 2 . Page 8 , para. 3 : Insert "or consumption of product" following "people" in Line 5. (lotion by Mr. Bowerman and seconded by Mrs . Plakowske to. approve as amended the minutes of the special Planning Commission hearing, held September 7 , 1982 . Motion carried unanimously. Mrs . Makowske will report the September 21st Commission meeting minutes to the Council September 28 , 1982 . At 7 : 37 P .M. Chairman Jones opened the. public hearing on the petition for a conditional use permit which would allow a video sakes and rental business to be opened at 2920 Pentagon Drive N.E. , in the St. Anthony Shopping Center, by reading the notice of the hearing published in the St. Anthony Bulletin September 9th. Mr. Berg reiterated the comments he had made in his September 17th memorandum related to the City' s position on X-rated materials and had • included into the agenda packet excerpts from the City Attorney 's October 17, 1980 letter; copies of the minutes of the Planning Commis- sion's January , 1981 meeting approving the video center in Apache -2- Plaza, and a copy of the City ' s Obscenity Ordinance , all of which dealt with the subject of the sale of X-rated materials for which the • applicants have indicated they have no interest in carrying in their St. Anthony store . The application for the permit had been signed by Duane Doughty of Zimmerman, Minnesota and he and two of his partners in the Coon Rapids Color T.V. , Inc. , Bill E . Mortice , also of Zimmerman and Sam Czaplewski , 2105 Marshall Street in St. Paul , were present to discuss the store and its operation. They indicated their firm which does business under the name of The 99G Video Club , had another partner, Ed Lanning, who was not present. All the partners fully understood the conditions under which they would be permitted to operate in St. Anthony were "no X-rated movies and no late hours" . Mr. Mortice said these terms were acceptable to them since they plan to have the store open no later than 8 :00 P .M. on weekdays and only until 5 :00 P .M. on Saturdays and Sundays and all the movies they would carry are films which could be seen in a theater or on T.V. He said the store owners would continue their practice at other locations of discouraging juveniles from hanging around their stores . Any such person who comes in, Mr. Mortice said, would be told to "come back with their parents to make a purchase" . Mrs . Makowske was assured there would be no reason for running a movie its full length, because that would just wear the film out and the screenings would never be visible from outside the building. Gordon Fox, 6924 Ashwood, Woodbury , Minnesota, said his firm is the • managing agent for the St. Anthony Shopping Center and because they and the center' s New York owners were of the - opinion that it would not be in the best business interests of the center to have a porno- graphic business there , had conducted a thorough check of the petitioners and their other business ventures before renting the store next to Jerry ' s Toys to them. P-Ir. Fox told the Chairman the center 's owners and management are very anxious to work with the City on "turning the center around" , and have retained an architect to draw up plans for making facia improvements and remodeling the two large empty units in the center. Although he knows of no current plans regarding the redrawing of the traffic patterns , Por. Fox reminded the Commission members that the Eberhardt Company is involved with the senior housing project across Kenzie Terrace. There was no one Ipresent to speak in opposition to the permit request and the hearing was closed at 7 :51 P .M. for Commission deliberations . Mr. Peterson indicated the unequivocal letter of commendation from the manager of the Northdale Center where the same group runs a similar store in Coon Rapids had been most helpful in his making a decision about the request. Mr. Bjorklund arrived at 7 : 52 P .M. Mrs. - Makowske pointed out that she sees a different set of circumstances for this store as compared to the Video Center which was somewhat • isolated in an interior mall in Apache but then made the motion which Mr. Bowerman seconded that the City Council grant a conditional use permit to Coon Rapids Color T.V. , Inc. DBA 99� Video Club which would allow the operation of a video tape sale and rental business as pro- posed at 2920 Pentagon Drive under the conditions that: -3- (1) 3-(1) There would be no viewing of tapes in the store, except for bona fide demonstrations of tapes and no viewing would be visible • from outside the store. (2) The proprietor must comply with all state laws and any City of St. Anthony ordinance relating to obscenity. ( 3) Conviction of the owner -or any of the employees of the owner for violation of obscenity laws in the operation of the -store would grounds for revocation of this permit by the City Council. In recommending that this permit be granted, the Planning Commission finds that: (A) The proposed use is one of the conditional uses specifically permitted in the district in which it is located. (B) The proposed conditional use would not be detrimental to the health , safety , or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. (C) The proposed conditional use is possibly necessary or possibly desirable at the specified location to provide a service or a facility which is. in the interest of public convenience and may contribute to the general welfare of the neighborhood or community . i (D) There was no opposition to the permit demonstrated during the hearing. (E)_ A thorough check of the petitioners and other stores they operate had convinced the shopping center management that this store would be in the best business interest of the owners . Voting on the motion: Aye : i•'Iakowske , .Bowerman , Peterson , Zawislak , and Jones . Abstention : Bjorklund (.due to his late arrival) . Motion carried. In the time which remained before the hearing on the request for an ordinance amendment which would permit motorcycle accessories sales and services as conditional uses in the City , the City Manager re- ported he has written to Congressman Sabo and is going to contact Senators Durenberger and Boschwitz regarding the senior housing proposal which is now in Washington, D.0 . He agreed Congressman Erdahl should also- be contacted since he now represents St. Anthony under the new redistricting. Mr. . Childs indicated developers are being sought for the Kenzie Terrace • Redevelopment Project and he told Dors . P4akowske it may .be November before the H.R.A. meets again. The Chairman noted the special hearing on the -proposed Zantigo restau- rant at Apache which is .scheduled. for October 5th. -4- Mr. Bjorklund the C3ork nd requested the Commission. me probably be a Problems and Mr. Childs toldshbm ke t • from both task force formed that UP to date on the Commission °n which there there will and the Health could be representation Mrs . Makowske Board. of the discussed problems she is home next to her experiencin could only prevent the on Rankin Road, g with the said he, however, Parkin Mr. Soth told her they i renters • would be g °f inoperable vehicles . City the grass is cut, able to do something tor. Childs 9 about seeing to it The meeting was recessed for the public at 8:30 P.M. . sales hearing on and reconvened and services the inclusion of Motorcycle 8: 40 ess ries Mr. Jones as a conditional use y accessories read the notice of in the City the Bulletin the hearing- which ronin landlords and; tor• Berg said g` which had been g ordinance. and to Minneapolissent as courtesyPublished in Councilman Dziedzic. to all commercial John Kokesh, 12505 t was Avenue iat I when he a59th North, ing North East C c applied for an Occupancytold the Planning Commission N.E. to what wasformerle lythe ion derbusinesse ffor - to move his Village Shopping Y the Snyder 1854 Central exist- considered Pping Center, that Yder Rexall store Avenue to fit he had found In the St. Anthony permitted in the Into any existing Cate d out his business was had exchanged city ,s Zoning category of use which would be g correspondence g ordinance. decision b pondence on their His attorney and per, Of the Y the City and lie differences Soth use in the ordinance had finally decided related to that • to seek the inclusion 6Villiam L. Killion firm, reiterated of the Gray, Plant, to firm, some of F'4opty, s Y & Benne Berg and then the Points made in his Se t law accessories distributed co September 14th said there and Parts which rqr. Pies of brochures letter is no similarit Kokesh distributes featuring the repair shop because y to Mr. Kokesh ' nationwide. He to the use ofhthe my onsite s store and a motorcycle welding, accessorieservices would be those tune-ups , etc. subcontr and Parts with connected suggested a more accurate acted and all chroming "are incidental description of done offsite. Mr. to the sales those services Killion Of accessories for motorcycles they 11hen Mr. Kokesh 's business was cycles brand accessories " , described as "light industrial" rMr. Bowerman questioned "handling most aspects . co whether the use He .asked than "commercial" could be are brought whether the accessories because of its whether ght in by the truck load warehousing Ir, i<okesh and taken out Parts that he sells shields, sells a gross of in the same The motorc cycle any particular item, l manner and ness to be oniy . retaycln store proprietor s � like wind- courtesy sales . g and sales said he considers his b the materials He does not solicit dealers are only usi- he sells , dealers or have Y the customary the Crown Auto which is He sees his store a catalogue of in the same shopping being very similar to Mr: Kokesh said he PPIncJ center in St. Years and has had his Anthony. had no motorcycle store on �r from COmPlaints from the • tenants the police who Central for eleven Bjorklund � that a who live above his shop. Fie are in the same block loud motorcycle repair shop would gWlth Mr. certainly not fit -5- into the shopping center and said the cycles who come to -his- store make less noise than the trucks which deliver his merchandise. He and Mr. -Killion disputed the "Hollywood impression." of motorcyclists , saying rather, that these vehicles are used by those who want to . keep their energy costs down. He may later, if permitted, include an Italian moped type vehicle (Vespa) with his other merchandise for sale, Mr. Kokesh said. Mr. Zawislak asked him why he would . move his business to a site where everything may be torn down in a year or two. The Chairman indicated he perceived this to be an inappropriate question and recessed the .hearing at 9 : 08 P.M. to confer with the City Attorney, when Mr. Kokesh responded that the merchants in the area and Mr. Saliterman had indicated to him that it could be over five years before that would happen. City staff had also informed him about the redevelopment, but he hadn ' t know who to believe. When the hearing was resumed at 9 : 10 P .M. , Mr. Soth and the Chairman discussed the plans for the area he plans to occupy with Mr. Kokesh . He was told these plans are a matter of public record and minutes of the meetings where the HRA was formed and a Tax- Increment District set up to develop that particular area for residential dwellings can be easily obtained at the City Hall . Mr. Soth said it is true the project had been discussed for several years , but the actions of the last few months have been very positive and the City is now at the stage where they are soliciting developers for the project. However , the Attorney told Por. Kokesh "the City can ' t say how long it may take , six months , a year, or maybe never, before the first building is razed" and he wanted to emphasize that "no one is saying the redevelopment project is an absolute certainty" . The hearing was closed at 9 : 21 P .M. for Commission deliberation on the ordinance amendment. Motion by P1r. Peterson and seconded by Por. Bjorklund to recommend the City Council amend the Zoning Ordinance to allow motorcycle accessories sales and services incidental to the sale of accessories as a conditional use in the Commercial (C) zoning district of the City of St. Anthony , finding that: (1) This type of business would not generate odors , noxious fumes or the noises which are associated with painting, welding , chroming or tune-ups . (2) The primary activity is retailing which would be carried on inside the building. (3) There was no opposition to the amendment demonstrated during the hearing. Motion carried unanimously . Motion by Mr. Bjorklund and seconded by 11r. Bowerman to adjourn the • meeting at 9 : 37 P.M. Plotion carried unanimously . Respectfully submitted, Helen Crowe, Secretary