HomeMy WebLinkAboutPL MINUTES 02181992 Meeting Sheet
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Folder: PL MINUTES AND AGENDAS 1992
.Document: PL MINUTES 02181992
1 ' CITY OF ST . ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 FEBRUARY 18 , 1992
6
7
8 1 . CALL TO ORDER
9
10 The Planning Commission Meeting was called to order by
11 Chairman Faust at 7 : 30 p.m.
12
13 . 2 . ROLL CALL
14
15 Present : Franzese, Gondorchin, Madden, Werenicz, Murphy and
16 Faust
17
18 It was noted that Commissioner Brownell had resigned from the
19 Planning Commission. He is moving out of St . Anthony.
20
21 Staff Present : Dave Urbia, Management Assistant
22
23 3 . APPROVAL OF MINUTES OF THE JANUARY 21 , 1992 PLANNING
24 COMMISSION MEETING
25
26 Motion by Franzese, second by Gondorchin to approve the
27 minutes of the January 21 , 1992 Planning Commission Meeting
W8 with the following correction:
29
30 page 3 , line 12 : The second. to the motion was made by
'31 Werenicz.
32
33 Motion carried unanimously
34
35 4 . DESIGNATION OF COMMISSION REPRESENTATIVE TO THE MARCH 10 , 1992
36 CITY COUNCIL MEETING
37
38 Chairman Faust noted he had reviewed the sequence followed
39 last year for representatives of the Planning Commission to
40 attend Council Meetings. He stated they were as follows :
41 Murphy, Madden, Gondorchin, Franzese, Werenicz, Faust and the
42 newly-appointed commissioner.
43
44- Continuation of this . sequence was agreeable to all of the
45 Commission members .
46
47 Murphy will be representing the Planning Commission at the
48 March' 10 , 1992 Council Meeting.
49
50 5. PUBLIC HEARINGS
51
52 A. Sheik ' s Garden Restaurant , 3-800 Apache Plaza, Conditional
53 Use Permit Request
•54
I PLANNING COMMISSION MEETING
2 FEBRUARY 18 , 1992
3 PAGE 2
4
5
6 Chairman Faust inquired if anyone from Apache Plaza management
7 will be attending the Public Hearing. Urbia responded he had
8 faxed information regarding the conditional use permit request
9 and the Planning Commission meeting to the management office
10 and was advised that no one at the office saw a need to be
11 present .
12
13 Urbia distributed a letter received from Dennis Cavanaugh,
14 President of the C. G. Rein Company, who owns Apache Plaza. In
15 the letter Mr. Cavanaugh stated the company' s support of the
16 approval of the conditional use permit to operate a game room
17 with kiddie rides and games . It was also noted in the letter
18 that the lease for Sheik' s Garden Restaurant ' s right to
19 operate kiddie games and rides would be terminated if there
20 appears to be any problems resulting from the clientele using
21 this equipment .
22
23 The Public Hearing was opened at 7 :.35 p.m.
24
25 Chairman Faust read the public notice which appeared in the
26 February 5th edition of the Bulletin regarding the Public
27 Hearing.
8
29 Urbia, referring to his memo dated February 12 , 1992 to the
30 Planning Commission Members , noted that only the factual
31 information regarding this request and the history of Council
32 action in the past , was being presented. No staff
33 recommendation is being made regarding Planning Commission
34 action on this matter.
35
36 The conditional use permit request , from Adel Alwan, the owner
37 of Sheik ' s Garden Restaurant , is for approval to have more
38 than three amusement devices at that location. The conditional
39 use permit is necessary as Mr. Alwan proposes to have up to 30
40 amusement devices .
41
42 Mr. Alwan ' s proposed plan would allow him to generate
43 additional revenue in the older, rear portion of the
44 restaurant . A plan for this area was submitted with his
45 request . Booths will be removed for this arcade and to
46 accommodate the amusement devices . The front portion of the
47 restaurant has already -been renovated.
48
49 Urbia' s memo noted that the three conditions for approval of
50 a conditional use permit have been satisifed if Mr. Alwan
51 follows through on his intentions as stated .in answering the
52 three questions .
P3
X54 Staff made five recommendations for the Planning Commission ' s
1 PLANNING COMMISSION MEETING
2 FEBRUARY 18 , 1992
• 3 PAGE 3
4
5
6 consideration to be made in conjunction with the approval of
7 the conditional use permit . They are as follows :
8
9 1 . The arcade shall prohibit tobacco, alcohol , and drugs on
10 the premises .
11
12 2 . The arcade shall prohibit individuals under the influence
13 of tobacco, alcohol , and/or drugs .
14
15 3 . Proper supervision should be available at all times to
16 ensure appropriate conduct and behavior,.
17
18 4 . The access from kitchen to dining area shall be segregated
19 to ensure safety.
20
21 5 . The number of amusement devices allowed will be dependent
22 upon- the available number of amusement device licenses and
23 available space within the area designated on the proposed
24 plan.
25
26 Urbia advised that the current amusement device licensing
27 ordinance allows the owner of the amusement devices to hold
�28 the licenses . The holding of licenses presents a problem to
29 those who would like to operate amusement devices since the
30 City has a limit of 106 licenses . Also, the City has limited
31 control over amusement devices when they are licensed to their
32 owner who can transfer them to other locations.
33
34 Ordinance No. 92-001 had its first reading at the. February 11 ,
35 1992 Council Meeting. This ordinance would allow only the
36 operator of the amusement device establishment to apply for
37 and hold the license and no more than thirty-five devices
38 would be allowed in one location .
39
40 Urbia advised the Planning Commission members that staff had
41 discussed this conditional use permit request and reached some
42 conclusions . The Police Chief does not anticipate any major
. 43 problems with the operation of these . devices . It was noted
44 that since they will be located in a mall , rather than in a
45 freestanding building, some patrol schedules may have to be.
46 changed. Also, they will be located next t.o a municipal liquor
47 site.
48
49 Franzese observed that Denn.is Cavanaugh has transferred twenty
50 amusement device licenses . She inquired how many are left .
51 Urbia responded that thirty-four are left but Ordinance No.
52 1992-001 will change this situation . She also inquired how
53 many licenses are currently left at this point in time. Urbia
•54 said there are only five left but some- are being held by their
1 PLANNING COMMISSION MEETING
2 FEBRUARY 18 , 1992
• 3 PAGE 4
4
5
6 owners and are not being used.
. 7
8 Madden wanted to know the whereabouts of the amusement device
9 licenses for the machines which were previously located in the
10 Malt Shop. Urbia was not sure of where these were.
11
12 Murphy wondered why there was a limit of 106 licenses .
13 Franzese stated that the time the ordinance was drafted there
14 were already 106 licenses out .
15
16 Faust noted that all licenses are reissued in March of each
17 year. He felt that theoretically the thirty four held by the
18 Rein Company may not be renewed.
19
20 Murphy inquired if the Fire Chief had viewed the floor plan
21 submitted for the Restaurant . Urbia noted tha-t the Fire Chief
22 had viewed the plan and saw no problems, but the plan will be
23 reviewed by the Building Inspector.
24
25 Mr. Alwan advised the Planning Commission he is responding to
26 customer requests * by installing kiddie rides and amusement
27 devices . His intention is to have a family-oriented operation.
•28 '
29 Franzese inquired if only customers of the restaurant will be
30 allowed to use the games or could people come into the area
31 who do not plan to eat and play the games . Mr. Alwan responded
32 it would not be necessary to be a patron of the restaurant to
33 play the games.
34
35 Mr. Alwan plans to have eight kiddie rides and the rest of the
36 amusements would be video games . He does not intend to put in
37 a pool table as he envisions th-is as a potential for problems .
38
39 Chairman Faust noted that Mr. Alwan is requesting permission
40 for thirty games . He observed that Dennis Cavanaugh referred
41 to permitting only twenty games. Mr. Alwan stated that twenty
42 would not be enough and feels that Dennis Cavanaugh plans to
43 keep the rest of the licenses for his own use.
44
45 Franzese was concerned with rules enforcement and the
46 methodology Mr. Alwan planned to institute to keep order.
47
48 Mr . Alwan advised that someone on the staff will always be in
49 the area to monitor. He stated he wants a successful operation
50 and avoid problems which were experienced in the shopping
51 center previously.
52
53 Werenicz inquired if he intends to serve wine as he has a wine -
•54 license. Mr . Alwan noted that the wine and beer license
1 PLANNING COMMISSION MEETING
• 2 FEBRUARY 18 , 1992
3 PAGE 5
4
5
6 expires March 15th and he does not intend to renew it . He will
7 . have alcohol and tobacco prohibitions in the entire operation.
8
9 The floor plan which was submitted by Mr . Alwan was reviewed.
10 It was noted that there will be no entrance from the outside
11 of the building. The hours will be from Noon to 10 : 00 p.m.
12 Presently, the operation closes at 8 : 30 p.m. The shopping mall
13 closes at 9 : 00 p.m. The door of the .restaurant to the mall
14' will be closed when the mall closes .
15
16 Franzese noted that the former owner of the Malt Shop was in
17 attendance at the Planning Commission Meeting. She inquired if
18 he had anything to offer regarding this operation. He stated
19 he would not like to comment although he has some strong
20 opinions regarding his experience with the shopping mall
21 management and its security.
22
23 He felt the parking lot activities were perceived as his
24 responsibility. It was his opinion if the shopping mall
25 security had been more cooperative he could have avoided many
26 of the problems which he experienced and his operation could
,27 have been successful .
28
29 Murphy inquired how many video machines were in the Malt Shop.
30 He was advised there had been forty-nine.
31
32 Franzese inquired -if Mr. Alwan had considered the negative
33 experiences had by the owner of the Malt Shop especially
34. regarding teenage activities , alcohol , etc.. Mr. Alwan
35 suggested his operation would draw a different clientele and
36 he anticipated no similar problems .
37
38 Gondorchin inquired if Mr. Alwan had operated any other type
39 of establishment where amusement devices were part of the
40 operation. Mr. Alwan 'responded he had- run the St . Anthony Fun
41 Center which attracted a clientele that was difficult to
42 manage. He feels the new location at Apache Plaza will attract
43 families and the rules of conduct will be easier to
44 administer.
45
46 Franzese inquired if the Fun Center- operation will be
47 continuing. Mr . -Alwan stated his partner may continue the
48 business but he is not sure. The twenty video games licensed
49 at the Fun Center will be - transferred to Sheik ' s Garden
50 Restaurant .
51
52 Werenicz complimented the former owner of the Malt Shop. He
•53 noted that the condition of meeting annually with staff and
54 the police chief had been met and police calls and
1 PLANNING COMMISSION MEETING
2 FEBRUARY 18 , 1992
3 PAGE 6
4
5
6
7 disturbances had been regularly reviewed.
8
9 Franzese, noting that Mr . Alwan intends to have eight kiddie
10 games and eighteen video games , suggested that the atmosphere
11may be rather loud for a family dining situation . She also
12 noted that since the game area is separate from the dining
13 area this may become a hangout for game users . Mr. Alwan cited
14 one of the rules of the operation will be "proper conduct and
15 behavior. " He intends to make these rules effective.
16
17 The Public Hearina was closed at 8 : 15p.m.
18
19 Motion by Franzese, second by Werenicz to recommend approval
20 of the request from Mr . Alwan for a conditional use permit for
21 a maximum of thirty amusement devices at the Sheik ' s Garden
22 Restaurant , 3800 Apache Plaza, because the proposal meets the
23 criteria for granting a conditional use permit with the
24 understanding that the Ordinance No. 1992-001 is going to be
25 approved that will make it easier for the City to monitor;
26 that the hours wi 11 be no later than 10 : 00 p.m. ; plus the f ive
27 conditions as recommended by staff ; plus an annual review by
8 City staff, the Police Chief and the restaurant owner to look
0'29
at complaints generated by the restaurant , both inside and
30 outside.
31
32 Gondorchin concurred with the motion, but added that the
33 Apache Plaza security should be more responsive to calls from
34 the shopping center ' s tenants .
35
36 Franzese requested that City staff contact Dennis Cavanaugh
37 directly regarding some of the comments the Planning
38 Commission received at tonight ' s meeting about security at
39 Apache Plaza.
40 -
41 Urbia advised that these licenses cost $130 . 00 . If Mr. Alwan
42 wants more than thirty then he would have to come back to the
43 Planning Commission to make that request .
44
45 Murphy inquired what actions would be taken by the City if
46 this situation at this restaurant becomes troublesome.
47 Werenicz felt the staff and police chief would review the
48 details of the complaints and probably recommend revoking the
49 conditional use permit and pulling of the licenses .
50
51 Motion carried unanimously
52
�553 Chairperson Faust advised Mr. Alwan that this matter will be
4 on the March 10th Council Meeting agenda and he was
1 PLANNING COMMISSION MEETING
2 FEBRUARY 18 , 1992
3 PAGE 7
4
5
6 advised to attend that meeting.
7
8 6 . MISCELLANEOUS
9
10 A. Government Training Center (GTS ) Workshop
11
12 On February 13, 1992 or March 14 , 1992 the Government
13 Training Service is offering an Annual Planning Institute
14 which will address "The Basics . "
15
16 Chairman Faust noted that all commissioners have attended ,
17 a workshop sponsored by the Government Training Service
18 and found them very worthwhile. He inquired if funds are
19 available to attend any other workshops sponsored by this
20 organization . Urbia will get this information from the
21 City Manager .
22
23 Urbia requested any commissioners interested in attending
24 this workshop or any others to advise him and he will
25 make the necessary reservations . Gondorchin stated his
26 intention to attend the March 14th workshop.
27
P28 B. Selection of Sponsor for New Planning Commission Member
9
30 Chairman Faust had requested this item be included on the
31 agenda. His purpose is for the newly-appointed member of
32 the Planning Commission to have someone on the Commission
33 act as his/her mentor. He recalled when he was appointed,
34 he found the assistance of the Assistant to the City
35 Manager very helpful . This mentor. would act as a
36 "welcomer" to the Commission and help in bringing him/her
37 up to speed on the business of the Commission.
38
39 Madden.felt this mentor may influence the newly-appointed
40 member. Murphy felt Dave Urbia could be very helpful by
41 reviewing past activities of the Commission and by going
42 over the procedures of a typical meeting.
43
44 Madden felt the Planning Commission Chair could serve as
45 a mentor. Chairman Faust indicated his willingess to do
46 this .
47
48 Weren.icz stated he had not felt that new appoi-ntees have
49 been reticent to participate and that a mentor was not
50 really necessary if the Chair was willing to acclimate
51 the appointee to the procedures .
52
S53 Urbia noted that no applications for the Planning
54 Commission appointment have been received.
1 PLANNING COMMISSION MEETING
2 FEBRUARY 18 , 1992
3 PAGE 8
4
5
6 C. Staff Report - Liaht Industrial Uses in a General
7 Commercial Zone
8
9 Urbia referred to his memo dated February 5, 1992 which
10 gave information received from other first ring suburbs
11 regarding their commercial zone uses . He noted that this
12 situation developed from a request received from a print
13 shop wishing to locate in the Apache Squares strip mall .
14
15 He gave the pros and cons regarding a conditional use
16 permit or a "C-1 " zoning district and "C-2" where uses
17 such as the request for Apache Squares would be allowed.
18
19 Murphy inquired if there are any other locations in the
20 City where a "C-2" zoning could be designated.
21
22 Urbia responded that the St . Anthony Shopping Center was
23 too close to residential , but one location where it could
24 be allowed was at the northeast corner of 37th Avenue and
25 Silver Lake Road.
26
27 Gondorchin felt the Planning Commission should take a
08 "wait and see" posture depending on whether CUB locates
29 a grocery store in the area of Apache Squares . He felt
30 the rentals in Apache Squares would really flourish if
31 CUB locates near there.
32
33 Werenicz felt this was a unique location and it may not
34 be affected by a CUB store because of the visibility.
35
36 Urbia suggested it. may be preferable to amend the zoning
37 ordinance to allow this tenant a conditional use permit .
38 He inquired if the Planning Commission would be agreeable
39 to having staff help this 'business by allowing it to
40 locate in this spot .
41
42 Chairman Faust felt this may be starting a whole new
43 situation for . the City to deal with-.
44
45 Urbia observed that if this business had retail located
46 in the front of the store, then any activity could be
'47 conducted in the back relating to the business .
48
49 Madden noted that when this strip mall was first
50 approved, the Planning Commission had understood all of
51' the tenants would be retail .
52
05 53 Urbia said that for a short term this would be a sign and
4 banner making operation. Chairman Faust felt staff . was
1 PLANNING COMMISSION MEETING
• 2 FEBRUARY 18 , 1992
3 PAGE 9
4
5
6 attempting to tailor the ordinance to accommodate this
7 business . Urbia responded the intention was to loosen up
8 the ordinance to accommodate a variety of businesses .
9
10 In his memo, Urbia noted that the general "C" section of
11 the zoning ordinance could be amended in a manner that
12 would conditionally permit certain light industrial uses
13 in limited -areas . A new zoning district could be created
14 ( "C-1" ) which would permit everything that is currently
15 permitted in "C" and conditionally permit light
16 industrial type uses such as silk screen shops-, printing
17 shops , non-retail office, etc:. ;.
18
19 Franzese recalled when this matter was previously
20 discussed there was concern with delivery trucks which
21 would not fit well with retail businesses .
22
23 Gondorchin still felt CUB would be a traffic generator
24 and that it would benefit this strip mall . He again
25 suggested that the "wait and see" posture be taken.
26
27 Chairman Faust noted that Urbia is requesting a consensus
28 position of the Planning Commission on this matter. He
29 felt the Commission members are not too excited to do a
30 new "C-1" district nor any conditional uses .
31
32 Madden -felt the Commission was groping not to make a
33 decision and inquired if this conditional use is
34 something that can be lived wi.th.
35
36 Chairman Faust felt the people-seeking direction deserve
37 an answer.
38
39 Madden recalled the two deteriorated buildings located at
40 the St . Anthony Shopping Center which were refurbished
41 and still did not generate traffic.
42
43 Chairman Faust felt the philosophy of the Planning
44Commission had long been not to change the City' s zoning
45 ordinance.
46
47 Gondorchin felt this was a one time opportunity to help
48 someone out .
49
50 Murphy referred to the types of uses employed by other
51 cities cited in Urbia' s memo . He suggested that the
52 Planning Commission consider some way to write the zoning
05ordinance which would allow for some uses and still
4 maintain some control .
1 PLANNING COMMISSION MEETING
2 FEBRUARY 18 , 1992
• 3 PAGE 10
4
5
6 Chairman Faust observed that the four cities referred to
7 in Urbia ' s memo were not stellar examples of successful
8 planning in -his opinion. He does not support changing the
9 ordinance nor the staff recommendation.
10
11 D. Backaround Reading - Sian Ordinances for Small and Medium
12 Sized Communities
13
14 Madden noted he did not have time to thoroughly review
15 the material in the background reading regarding the sign
16 ordinances . Werenicz noted he has not completed his
17 reading.
18
19 Gondorchin felt the material was very thorough and the
20 information presented did not handcuff the staff .
21
22 Urbia stated that conformance to the sign ordinance will
23 not be accomplished in a short period of time. He felt
24 the administration of the ordinance should be conducted
25 slowly and especially in light of the economic problems
26 being experienced presently.
27
•28 Chairman Faust noted that eventually everyone must
29 conform to the sign ordinance and no "grandfathering" in
30 of present non-conforming signs should be allowed.
31
32 Franzese inquired what was the source for this
33 information . Urbia responded it came from the American
34 Planning Association.
35
36 7 . STAFF UPDATE
37
38 Chairman Faust had requested that staff be prepared- to review
39 any old business of the Planning Commission so its members can
40 be current with what has transpired.
41
4.2 Urbia advised that there is only one vacancy at the Stop 'N'
43 Shop on 38th Avenue and Stinson Boulevard. He noted that this
44 operation has contracted with Conoco rather than the other
45 company as stated in their f irst request . He wi 11 fol low up on
46 the square- footage of the sign as approved.
47
48 Urbia stated that the first draft of the sign ordinance will
49 be available in March.
50
51 Urbia said that the CUB proposal is still "alive. " Their
52 proposal is to remove the present grocery store which is
53 100 , 000 square feet , add onto the building and rebuild with a
054 67 , 000 square foot addition. They have also indicated an
I PLANNING COMMISSION MEETING
• 2 FEBRUARY 18 , 1992
3 PAGE 11
4
5
6 interest in having the City' s bottle shop locate there.
7 . . .. .
8 8 . COMMISSIONERS ' COMMENTS
9
10 Commissioner Werenicz
11 Commissioner Werenicz attended the Council ' s Town Meeting. He
12 found the presentation very interesting but noted there were
13 very few people in attendance.
14.
15- There were thirty-two residents who attended the Town Meeting.
16
17 Commissioner Werenicz inquired if there would be any impact on
18 property taxes by homes experiencing water problems which --
19 could be identified. Urbia responded there would probably be
20 a decrease in taxes and an abatement made.
21
22 Commissioner Madden
23
24 Commissioner Madden had nothing to comment on at this time.
25
26 Commissioner Werenicz
27
,28 Commissioner Werenicz had nothing to comment on at this time.
29
30 Chairman Faust
31
32 Chairman Faust noted that he will be reviewing the Planning
33 Commissin agenda before it is sent to the Commissioners . He
34, requested that the Commissioners let him know of any agenda
35 items they wished to have included on the agenda. He also has
36 requested that any staff recommendations include all of the
37 pros and cons of the item being addressed.
38
39 - Chairman Faust suggested that the*Planning Commission meetings
40 become more "user friendly. " He explained that his intent is
41 to make the environment at the meetings more accommodating- to
42 those who attend and make them less intimidating. He felt the
43 atmosphere need not be adversarial .
44
45 Commissioner Murphy
46
47 Commissioner Murphy had nothing to comment on at this time.
48
49 Commissioner Gondorchin
50
51 Commissioner Gondorchin had nothing to comment on at this
52- time.
W53
4
1 PLANNING COMMISSION MEETING
2 FEBRUARY 18 , 1992
• 3 PAGE 12
. 4
5
6 Commissioner Franzese
7
8 Commissioner Franzese inquired as to the status of the Pirino
9 garage. Urbia had no current information.
10
11 . Werenicz inquired if an update of the court findings regarding
12 the Pirino lawsuit were available. Urbia stated that they were
13 not back yet . Chairman Faust felt the Planning . Commission
14 members should know the legal reasons why the City lost the
IS case. He requested that the legal findings and the judgement
16 be included in the next month' s Planning—Commission meeting
17 agenda.
18
19 9. ADJOURNMENT =
ZO
21 Motion by Madden, second by Werenicz to adjourn the Planning
22 Commission meeting at 9: 38 p.m.
23
24 Motion carried unanimously
25
26
27 Respectfully submitted,
K8
9
30 Jo-Anne Student , Planning Commission Secretary
31
32