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99-121ORIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL,IVIINNESOTA �_ Council File # Green Sheet # Committee: Date r` � ����o �' 2 WI�REAS, Louie's Billiazds, Inc., in zoning file 98-261 and pursuant to the provisions 3 of the Saint Paul Zoning Code, applied to the Saint Paul Plamiiug Commission [Commission] for 4 a Special Condition Use Permit for property commonly known as 1942 Suburban Avenue and 5 legally described as Subj. to RLS; The Fol Tract; Lots 15, 16, 17, 18 & 19, Block 20 Scenic Hills 6 No. 5; and 8 WI�EREAS, the Commission's Zoning Committee conducted public hearings on the 9 applicafion October 15�' and October 26�', 1998, after having provided notice to affected property 10 owners and thereafter submitted its recommendation to the Commission. The Commission, by 11 its resolution number 98-74 dated November 20, 1998, decided to deny the Special Condition 12 Use Permit Application based upon the following findings and conclusions; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 � � c. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is not met. Two representatives of the Creek Point Apartments spoke in opposition to the proposed billiazd hall. The Creek Point Apartments aze the neazest residential use to the proposed billiazd hall. The representatives stated their belief that this use will be detrimental to the existing character of the development in the immediate neighborhood. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the dish-ict. This condition is not met. After examining the parking requirements for this use, and the proposed shazed parking agreement, the Zoning Committee concluded that the use will not have adequate pazking due to peak parking overlap with other uses in the shopping center. The proposed shared parking plan will not be adequate to serve the use. Potential problems created by this inadequate parking would affect existing businesses and pazking availability for future businesses. The use shall, in all other respects, conform to the applicable regulations of the district in which it is Zocated. This condition is not met. As noted above, it is concluded that the use will not have adequate pazking, and the shazed parking pian will not be adequate to serve 1 the use. There is an existing pazking deficiency and peak pazking hours overlap. 2 There is no mechanism to prevent peak hours from overlapping, and e�sting �9' � a� 3 businesses were not a party to and gave no support for any shared parking 4 agreement. Therefore, the Zoning Committee concludes that since peak hours for 5 e�sting businesses overlap, and this overlap could increase in the future, a shazed 6 pazking agreement is not a feasible option for this use. 8 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Louie's 9 Billiazds, Inc., on December 4, 1998, duly filed an appeal from the deternunation made by the 10 said Commission and requested a hearing before the Saint Paui City Council for the purpose of 11 considering the actions taken by the Commission; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, acting pursuant to Legislative Code §§ 64.206 - 64.208 and upon notice to affected parties, a public hearing was duly conducted by the Council of the City Saint Paul on January 6, 1999 where a11 interested parties were given an opportunity to be heard; and WHEREAS, having heazd the statements made and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Plamiiug Commission, the City Council does hereby; RESOLVE, that the Council of the City of Saint Paul herehy �rms the decision of the Planning Commission in this matter. The applicant has failed to show any error in fact, finding or procedure of the Coxnmission. Accordingly, the Council adopts as its own the findings and determinations of the Commission contained in Commission resolution 98-74; and BE IT FURTHER RESOLVED, that the appeal of Louie's Billiards, Inc. is in all things denied;and BE IT FINALLY RESOLVED, that the City Clerk sha11 mail a copy of this resolution to Louie's Billiazds, Inc., the Zoning Administrator and the Planning Commission. Adopted by Council: Date � �b. � � Adoption Certified by Council Secretary $Y � � � �- . � n-- Approved by r: Date J 1( IZ g Requested by Depastment of: syc Form ApprS�ved by Cit Attorney gy; ✓ � 2.�= �� Approved by Mayor for Submission to Council &y: Council Offices Kathy Lantry, 266-8670 2/2/99 � WIIY6t fnR ROYTYIG OROER � TOTAL S OF SIGNATURE PAGES GREEN SHEET wrrn�n owoc,a. �19-1�� No 6351t� � usv�nauav � a�raac _, ❑ A141GL�EMCFtOR ❑ RYMOIIL�ERWIICRG ❑ MYOR�ORAfSlMli) ❑ {CLIP ALL LOCATIONS FOR SIGNANRE) Finalizing Gity Council action taken Sanuary 6, 1999, denying the appeal of Louie's Billiards, Inc..to a decision of the Planning Commission for property at 1992 Suburban Ave. PLANNING CAMMISSION CIB COMMI7TEE CML SERVICE CAMMISSION Hu tluc P�� e.�er rvrked uMer a eonGact M ihie depaAment? YES No Hes mic osnanl�rm ever heen e ei4i empbyee4 YES NO Dnec tlue 0� D�eess a sidll not ndmal�YP� bY enY curteM city emDloyce? YES NO ktlRS pe�conlRrm almye4etiveMaY� YES Pq ' . ,. .. _ "�`�� _ :� � �; k'q= . ...._ "� _ �a-�� OFtwWSAC710N f eoarm�ue auoeereo lcuca.e oqq YEE NO 80URCE ACTNRY Nt11�ER CITY OF SAINT PAUL Norrrs Coleraan, Mayor January 28, 1999 Nancy Anderson Council Secretary 310 City Hall 15 VJest Kellogg Blvd. St. Paul, MN 55102 Re: Appeal of Louie's Billiards, Inc. BZA File: 98-261 Public Heazing Date: January 6, 1999 Dear Ms. Anderson: OFFICE OF'I'I-� CITY ATTORNEY Clayton M Robinson, Jr., CiryAttorney Q� �`'�1 � Civrl Division 40QCityHal! Te[ephone:65i266-87IQ ISWestKelloggBlvd. Facsimile�6�729856/9 Saint Paul, Minnesota.5J102 HAND DELIVERED Attached please find a signed copy of a resolution memorializing the decision of the Saint Paul City Council in the above-entitled matter. Please place this matter on the Council's Consent Agenda at your convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, � ���� Peter W. Warner Assistant City Attomey PWW/rmb Enclosure UtYAK1MbN1'UMYLANNING & ECONOMIC DEVELOPIvfENT a9-la.j CTTY OF SAINT PAUL Norm Coleman, Mayor w� December 16, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: Telephone: 672-266-6565 Facsimile: 612d28-33I4 �v:; ..,.,< , : , : _... .. _ ..,, �;� � � ��� a � ,_�_, I would like to confirm that a public hearing before the City Counci] is scheduled for Wednesday January 6, 1999, for the following appeal of a Planning Commission decision denying a special condition use permit to allow a billiard hall: Appellant: LOUIE'S BILLIARDS, INC. File Number: Appeal of file #98-261 Purpose: Appeal a Planning Commission decision to deny a special condition use permit to allow a billiard hall. Address: 1992 Suburban Avenue Legal Description of Properiy: See file Previous Action: Zoning Committee Recommendation: Denial; vote: 5-0; October 26, 1998 Planning Commission Decision: Denial; vote: 15-0; November 2Q 1998 My understanding is that this public heazing request will appeaz on the agenda For the December 23, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please cali me at 266-6572 if you have any questions. Sincerely, i ) l 1��2/� �- C�Z�,.,"° ' Martha Faust City Planner cc: File #98-261 Lew Schaar Paul Dubruiel Geri Boyd Wendy Lane, LIEP 25 West Foro[h Street Saint Paul, MN 55102 • tmsrxun • NOTICE OF PUBiZC HEARIIHG . The Sainf Paul CiLy Councif will �conduct a public hearing "on Wednesday. January 6, i999, at 5:36 p�.m. in the City Council Chambers, Third Floor City Hall-Court House, to consider the appeal of Louie's Billiazds. Inc. to a decision of the Ptanning Commission denying a special condition use pe[miY to allow a billiazd hall at 1992 Suburban Avenue. � . Dated: December 17, 1998 - - NANCY ANDERSON . _ _ _ � " - - - - - . Ii551St8[it Clty COUIICI� $CCLCf.1Cy . IDCCCRIIIfT LJ. SJJH). _ ' " DEPARTMENT OF PLANNMG & ECONOMIC DEVELOPMENT Pamela Wheelock. Dvectw � CTTY OF SAIN'f PAUL Norm Coleman, Mayor December 23, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City HaII Saint Paul, Minnesota 55102 2J West Fourlh Street Sain[ P¢ul, 1v1.Y5i102 RE: Zoning File #98-314: LOUIE'S BILLIARDS, INC. City Council Hearing: January 6, 1999, 5:30 p.m. City Council Chambers aq-�a� Telephone: 6l2-266-6�65 Facsimt[e: 612-?28-3314 PURPOSE: Appeal a planning commission to deny a special condition use permit to allow a billiard hall at 1992 Suburban Avenue (Scenic Hills Shopping Center). PLANNING COMMISSION ACTION: Denial; 15-0 ZONING COMMITTEE ACTION: Denial; 5-0 � STAFF RECOMMENDATION: Approval SUPPORT: One spoke in support of the special condition use permit. The District 1 Planning Council initially voted to approve the special condition use permit, then held a second meeting rescinded its approval and voted to take no position on the special condition use permit. OPPOSITION: Two persons spoke. Two letters received in opposition to the special condition use permit. Dear Ms. Anderson: LOUIE'S BILLIARDS, INC. has appealed the decision ofthe Saint Paul Planning Commission to deny a special condition use permit to allow a billiard hall at 1992 Suburban Avenue. The zoning committee held public hearings on the request on October 15 and October 29, 1998. The applicant addressed the committee. At the close of the second public hearing the committee voted 5-0 to deny the request. The Planning Commission upheld the committee's recommendation for denial on a vote of 15-0 on November 20, 1998. This appeal is scheduted to be heard by the City Council on January 6, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, iZc ��� � Martha Faust City Planner � . Attachments cc: City Council members �q-I�l �J � city of saint paul planning commission reso6ution file number. 98-74 �` te, November 20, 1998 WHEREAS, LOUIE'S BILLIARDS INC., file #98-261, has applied for a Special Condition Use Permit under the provisions of Section 64.300 of the Saint Paul Legislative Code, for the purpose of allov.�ng abilliard hall business on property located at 1992 SUBURBAN AVE, legally described as Subj to RLS; The Fol Tract; Lots 15, 16,17,18 & 19 Block 20 Scenic Hills No. 5; and WHEREAS, the Zoning Committee ofthe Planning Commission held a public hearing on two dates, the first on October 15, 1998 at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code, and where oral testimony was received in opposition to this application. At that time the Zoning Committee moved to lay over the public hearing for two weeks to alfow the District 1 Community Council to hold an additional public meeting on October 26, 1998. On October 29, 1998, the Zoning Committee reopened the public heazing, accepting only written testimony pursuant to said application; and WHEREAS, Saint Paul Pianning Commission, based on the evidence presented to its Zoning Committee at the public heazing as substantially reflected in the minutes, made the following findinss of fact: Section 64300(d) of the zonin� code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: u rAl moved by seconded by . in favor Unanimous The use will not be det�imental to the existing character oftlte development in the immediate neighborJ:ood or endanger the public healtl:, safety and general welfare. This condition is not met Two representatives of the Creek Point Apartments spokeinoppositiontotheproposedbilliardhall. TheCreekPointApartmentsare the nearest residential use to the proposed billiard hall. The representatives stated their belief that this use will be detrimental to the existing character of the development in the immediate neighborhood. Field against b. The use wil! not impede the norma[ and orderly development and improvement � of the surrounding property for uses permitted in the district. This condition is not met. After examining the parking requirements for this use, and the proposed shared pazkin� agreement, the Zoning Committee concluded that the use will not have adequate parking due to peak parking overlap with other uses in the shopping center. The proposed shared parking plan will not be adequate to serve the use. Potentia2 probtems created by this inadequate parking would affect existing businesses and parking availability for future businesses. c The use sha!!, in al! other respects, conform to the app[icable regulations ofthe district in which it is located This condition is not met. As noted above, it is concluded that the use will not have adequate parking, and the shared pazking plan will not be adequate to serve the use. There is an existing parking deficiency and peak parking hours over]ap. There is no mechanism to prevent peak hours from overlapping, and existing businesses were not a party to and gave no suppoR for any shared parking agreement. Therefore, the Zoning Committee conc(udes that since peak hours for existina businesses overlap, and this overlap could increase in the future, a shared parking agreement is not a feasible option for this use. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the authority of the City's Legislative Code, the application for a Special Condition Permit to allow for . a billiard hall business at 1992 SUBURBAN AVE is hereby denied. �� LJ 99-►11 � APPL{CAT10N FOR APPEAL Department of Planning and Econamic Development Zaning Section II00 City Ha11 Annex 25 West Fourth Street Saint Paul, MN 55102 2b6-6589 APPELLANT PROPERTY LOCATION S NBme Louie's Billiards, Inc. Address P• Box 4708 City st. Pau1 St.M� Zip 55104 Daytime phone 53s-6078 Zoning File Name Scenic Ai11s Shopping Center AddfeSS/LOCati011 �990-1492 Suburban Avenue, St. Paul, M�i TYPE OF APPEAL: Application is hereby made for an appeal to the: (date of d GROUNDS FOR APPEAI: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. All of the ordinance's objectives, criteria and standards for Che issuance of a special condition use permit for a billiard hall business were met and satisfied. The Zoning Committee's Staff Report �see attached) dated October 2, 1998 concluded that all of the objectives, criteria and standards were met, and recommended approval of the requested permit. The decision by the Planning Commission was H based solely upon neighUorhood opposition which, in turn, was based upon ground- less and unsubstantiated fears concerning a billiard hall. No evidence warranting a denial of the requested permit was presented to the Planning Co�ission or referenced in their findings. The decision by the Planning Commission was arbitrary and must be reversed. See attached. 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DIST --�-- hiAP � ¢ �o tamily a.� S � '~ f� multiple lar,:'i .._.__ �Q O O � 6 ��I� V� r� ,or�;;� . ♦ � cor��z����= � e,,,� i�G�»s:�a! V vz�: , � i-: ,_ .�i�.: _ ,-. r . � : , � ,. . . �9 �. . _ . —' - _ � J . , E:� c,:�T y Saint Paul Planning Commission City Hall Conference Center 25 Kellogg Boulevard West A meeting ofthe Planning Commission of the City of Saint Pau[ was held Friday, November 20, 1998, at 8:30 a.m. in the Conference Ce�ter of City Hall. Commissioners Mmes. Duarte, Faricy, Geisser, Morton, Nordin, Treichel, and Wencl and Messrs. Present: Field, Gervais, Gordon, Kramer, Mazdell, Margulies, McDonell, Nowlin and Vaught. Commissioners Mmes. *Engh and Messrs. *Kong, *Johnson and Sharpe Absent: *Excused Also Present: Ken Ford, Planning Administrator, Jean Birkholz, Martha Faust and Larry Soderholm, Department of Planning and Economic Development. I. Approval of Minutes of November 6,1998 Chair Morton announced that the minutes of November 6, 1998 will not be approved today pendin� chan�es. II. Chair's Announcements Chair Morton announced that the Steerin� Committee met before the full Planning Commission meeting today. The Steering Committee recommends to the Planning Commission that there be a different approach to Yhe Capital Allocation Policy. Allen Lovejoy wil] interview different groups (City Councif, Mayor, CIB Committee, etc.), and some of the Ciry departments between no�v and the end of the year to get their feedback on three to six crucial issues affectin� the city to be highli�hted in the Capital Allocation Policy. The Steering Committee also had a discussion regardina the Nei�hborhoods and Current Planning Committee's meeting schedule for the rest of the year. The committee has suggested that we wait until after the beginnins of the new year to determine the work schedule for staff and go from there. Committee meetings will be scheduled as needed. The Steering Committee will be meeting �vith the district council presidents and or�anizers at 7 p.m. on Wednesday, December 9, 1998, to air concems of district councils and the Planning Commission. l_..J � There �vill be a pa�vn shop zonina study schedule discussed at a later time. A public heazing date wilt be determined at the next Plannin� Commission meetin�; the public hearine will be � held at a full Planning Commission meeting rather than at a Zoning Committee meetine. ��. � III. Planning Administrator's Announcements Mr. Ford announced that Mr. Mangine will not be present today because ihe joint City/County Committee has not yet finished there decision-making process on the location of the new adult detention center. City Council this week had a public hearing and took action on the appeal of the Planning Commission's decisions on the parking ramp proposed by JLT Properties for the site at Shepard and Davern. The appeal was denied on a vote of 5- 2 with much discussion. The City Councilmembers who voted against didn't feel there was a hardship. The City Council did, however, require that an additional condition be put into the resolution that the approval is not final until there has been a fuRher review by staff of the actual site plan details, materials for the ramp, etc. to ensure a good appearance. IV. Zoning Committee #98-261 Louie's Billiards Inc - Special wndition use permit to allow a billiard hall business at 1990 Suburban Avenue (MaRha Faust, 266-6572). MOTION: Commissioner Fiefd n:oved denial oftl:e requested special condition use permit to allow a billiard hall business at 1990 Suburban Avenue. � Commissioner Vaught noted that he was the dissenting vote at the Zoning Committee meeting because he did not agree with the resolution at that point. He wanted to note for the record that in approving this denial today he will not be voting for it because of findin� I.a., which he still does not a�ree with, and doesn't think there was sufficient evidence to support. He considers finding I.b and I.c to be, in and of themselves, sufficient to deny the application and that is the basis of his vote. Commissioner Field informed commissioners that he was absent from the Zoning Committee but he would echo Commissioner Vausht's concems with respect to l.a. He will vote to approve the denial with some reservation for that paRicular part of the resolution. The motion on tlre floor carried unaninzously on a voice vote. #98-283 Ali Nadimi - Speciaf condition use permit to allow outdoor sales of new aad used automobiles and modification of the minimum lot area requireme¢t (1�,000 sq ft required; 8,114 sq ft proposed) at 1730 University Avenue (Donna Drummond, 266-6556). MOTION: Commissioner Field moved to deny the requested specia! condition use permit to allow outdoor sales of new and used automobiles and modification of the minimum lot area requirement at 1730 liniversitr Avenue w/:ich carried unanimously on a voice vote. Commissioner Field informed commissioners that there �cas also a discussion of pa�vn shop zoning at the last Zoning Committee meeting No action was 2aken b} the committee. � Commissioner Field announced the ne�t meeting of the Zoning Committee «il I be held at 3:30 p.m., Mondav, November 23, 1998, in the City Council chambers. There are two items of new business and there will be a discussion of recommendations of the Advertising Sign Legislative Advisory Committee. v New Business Chair MoROn announced that she has asked Commissioner Wencl to chair the Nominating Committee and has asked Commissioners Field and Margulies to serve with Commissioner Wencl on the committee. Sug�estions should be brou�ht to the Nominating Committee's attention. Commissioner Geisser announced that the holiday/farewell-to-outgoing-commissioners party will commence at noon on Friday, December 18, 1998; the re�ular Planning Commission meeting will begin at 10 a.m. that moming in Room 40, as usual. Holiday festivities will be held in the Ramsey County Room (#317) of Landmark Center; Deco Catering witl set the table; notices will be sent. She encouraged members to get in their checks. VI. Comprehensive Planning CommiYYee Commissioner Geisser reminded commissioners of the joint City Council/Planning Commission public hearing on the Housing Plan to be held from 6:30 - 8:30 p.m., on Monday, December 7, 1998, at the Saint Paul Technical College. Parking passes wilf be available (Nancy Homans). VTI. Neighborhood Planning Committee Commissioner Faricy reported that they reviewed the Shepard Davern Gateway Plan at their last meeting. From no�v until the end of the year, the committee �vill meet as the need arises. They wilf be revie�vin� the a�endas for each committee for next year. Plans should be ready in January. VIII. Communications Committee Commissioner Kramer reminded staff to select a person to �vork on the 1998 annual report so that it w ill be completed before the middle of nexi year. IX. Otd Business Chair Morton asked about communication amontr quadrant leaders and Planning Commission liaisons because she has not heard about any. Mr. Ford sungested survey�ing the quadrant team leaders to see what communication has taken place from their point of view, and how iYs been useful or hasn't been, or what might be. He recollected some meetings very early on beriveen some staff and wmmissioner tiaisons. He noted that he has heard very little about it and he thinks the role has not meant ver} much in the last fe�� months. � � Chair Vtorton asked Commissioner Kramer «hat his and Commissioner Gervais� role has been with the Northeast Quadrant. Commissioner Kramer informed commissioners that on Tuesday he attended lunch at the Whiie Bear Avenue Business mee[ina: at �:30 p.m.. Tuesda}', he went to � a9'�al � the Board of Directors' meeting of the Northeast Neighborhood Development Company, and from there he went to the Steering Committee meeting of the Phalen Cortidor Initiative. He added that he, Gladys, and Larry attended a Payne-Phalen meeting on the Land Use Plan (official liaison function). Commissioners I{ramer and Gervais have not had a meeting with the Northeast Quadrant team leader, but the team leader has been at many of the same meetings as they have been. Commissioner Gordon reported that he and Commissioner Geisser met with the quadrant once, but it seems then the ball was dropped. He still thinks it's a good idea. Perhaps a report from the liaisons needs to be part of the Planning Commission agenda on a monthly basis. Commissioner Geisser thinks the liaisons are not clear as to what their function should be and ho�v they are usefulto each other. Commissioner McDonell said that he and Commissioner Field met once with the team leader. He feels the liaisons need to review the process aad the expectations of their role. He thinks iPs important for the team leaders to know what the Planning Commission expects. CommissionerNordin stated that she thought it was a very good idea afrer the first liaison meeting. Later she attended a meeting at Hamline University about a college housing proposal (not a liaison meeting). As far as she kne�v, there have not been any more liaison meetings. She has received mailin�s from associations welcoming her to their meetings but she can't go to all of them. � Mr. Ford su��ested that the Planning Commission quadrant liaison is a function that sounds good with no clear structure as to how it should be carried out. Perhaps the main thing a liaison needs is a notice of when meetin�s and projects are goin� on. PED staff could also try to make sure that the liaisons are on the mailing list that staff maintains for any meetings that they are involved in of community groups that are doing things in that quadrant. As far as meeting with the teams at their meetings, not all of the teams have a regular meeting schedule. Those meetinss usuall}� consist of a quick update on what each of the staff inembers are doina, much of which does not involve community planning or development projects that are of paRicular interest to the Plannin� Commission. Mc Ford didn't think the team meetin�s would usually be worthwhile for commissioners to attend. Structured meetin�s with the team leader and a couple of key staff on projects in the area might also be a �ood idea. Those meetings could be structured in conjunction with the presentations before the Commission by the team leaders. Mr. Ford will have more discussion with the team leaders in PED on this subject. Staff is open to ideas from commissioners. Commissioner Gordon opined that the meetings of the Commission liaisons with their teams would be useful; and then for liaisons to go out to other community meetinas on a more selected basis in coordination with the team leaders. He feels that the best �vay for the Plannins Commission liaisons to stay in touch with what is �oin� on w'ithin their quadrants is to attend the team meetin=s. He thinks a resular meeting schedule needs to be built into this relationship. Commissioner Geisser asreed «ith Commissioner Gordon. She thousht it miQht also be useful � for all of the liaisons to meet «ith all of the team leaders to structure the role of the liaison and set a meeting schedule. 0 Chair Morton asked Commissioner Nowlin about the Phalen Boulevard EIS. Commissioner Nowlin thought it was still in federai hands. X. Task Force Reports None. XI. Adjournment MOTION: Commissioner Geisser moved to adjourn; Commissioner Kramer seconded the motion wJrich carried unanimously an a voice vote. Respectfully submitted, Kenneth Ford Planning Administrator Approved �O �� / �` 4 (Date) ( U/���- �� �=� Esperariza Duarte Secretary of the Planning Commission � � � \planningUninutes.frm ��-ta1 � � Saint Paul Planning Commission City Hall Conference Center 15 Keliogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul ��'as held Friday, November 6, 1998, at 830 a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Duarte, Engh, Geisser, Morton, Nordin, Treichel, and Wencl and Messrs. Field, Gervais, Gordon, Kramer, Mardell, Margulies and Vaught. Mmes. *Faricy and Messrs. *Johnsoq *Kona, *McDonell, *No�vlin, Sharpe *Excused Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Beth Bartz, Nancy Homans, Larry Soderholm, Lucy Thompson, and Jim Zdon, Department of Plannin� and Economic Development staff; Tim Agness from Parks & Recreation; and Ken Greenberg, Director, Saint Paul Design Center. I. Approval of Minutes of October 23, 1998 MOTION: Commissioner Rran:er mnved approval of the minutes of October 23, I998; Corremissinner Mardell seconded the motian. Commissioners Vaught and Field added corrections to the minutes of October 23, 1998. 37te motinn on flie floor approving ihe corrected minutes of October 23, I998 carried unanimously on a voice vote. II. Chair's Announcements Chair Morton announced that Commissioner Geisser has sraciously offered to chair the holiday party this year. Commissioner Geisser added that this is a special holiday party because four of the Planning Commissioners will be retirin� from the Commission at the end of the }ear. The date for the holiday party is December 18, 1998; the Planning Commission meeting that moming �vill be shifted to a{ater time and the party will be a 3uncheon. Each member will contribute $25. Chair Morton announced that there will be a Steering Committee meeting at 7:4� a.m.. November 20, 1998. � IIL Planning Administrator's Announcements Mr. Ford apolo�ized for the packe[s arrivina later than usual due to equipment not bein� operable during the movin� procedure in PED. Mr. Ford announced that the Livable Communities Advi;ory Committee of the Metropolitan Council has completed their funding recommendations for this year's cycle and is � recommending to the Metropolitan Council full funding of Saint Paul's proposal for Main Street on Payne Avenue, a redevelopment projecf that involves duplexes, commerciat buiidings, and new housing near where the Achievement Plus School �vill be located. Mr. Ford noted that this process includes some ver}� interesting proposals for redevelopment ia Minneapolis and some suburban communities that give a good idea of what people are thinking about working on. The Planning Commission may want to have an overview of those proposals. Mr. Ford announced that he has left copies at each commissioner's place of the submission to the Metropolitan Council for an extension of the p(anning time for completing the Comprehensive Plan being done at the City CounciPs request. The City's Legislative Advisory Committee on Advertising Signs has made its recommendation to tl�e City Council; they have been referred To the Planning Commission. The City Council has laid over action on this item to January 20, 1999. Under that process there is a provision for special sign districts being requested by neighborhood organizations in the city. A few have been applied for. The appeal by Mr. Spiegler of the Planning Commission's action on the parking ramp by JLT PropeRies at Shepard and Davern will be before the City Council next Thursday (Veterans' Day is on Wednesday). Chair Morton referred to a copy of the letter that has no�v been passed out that she received from Greg McGee, Vice Chair of Highland District Council and Chair of the Community Development Committee, and a copy of her response in regard to the Trooien variance that was � aranted by the Plannin� Commission on September I 1, 1998. � Commissioner Treichel su��ested that the Steerin� Committee misht want to discuss it. Cfiair Morton responded that the Steerin� Committee will be discussin� it at the next meetins. IV. Zoning Committee �98-270 West 7`"/Fort Road Federation - Rezone from RT-1, I-2 to RT-2 to allow for a new construction townhouse development consistin� of 22 units at 37� Colbome, 381 Colbome, 383 Colborne, 387 Colborne, 391 Colborne, 397 Colbome, 398 Duke, 412 Duke, & 497 Palace (Jim Zdon, 266-6i59). MOTION: Commissioner Field moved to recommend approval of tlie requesf tn rezone fronr RT-I, I-2 to RT-2 to allow for a nerv construction rown/:ouse development consisting of 22 units at 375 Colborne, 38l Colborne, 383 Colborne, 387 Colborne, 391 Col6orne, 397 Colborne, 398 Duke, 4I2 Duke, anr! 497 Palace, w/:ich carried unanimous[y on a voice vote. �98-274 Saint Paul Department of Parks & Recreation - Special condition use permit to allo�v for the esistino facilities of the harbor operation. includine a mainrenance garage on a concrete slab & hvo portab(e buildinas, to be relocated from the lower harbor area to the upper harbor area at Harriet Island Reeional Park (Nlartha Faust, 266-6�7Z). MQTIOni: Commissioner Field moved approval of tJre requested special condition use permit to allow for tke existing facilities of the /:arbor operatiorz, inc(uding a maintenance � garage on a concrefe slab and two porlable buildings to be relocated from tke lower harbor area to the upper harbor area af Harriet Island Regional Park, which carried unanimously �_�a� � on a voice vote. #98-275 Ronald J. Severson - Appeal of the denial by the Zoning Administrator of a site plan for a carriage house & garage at 420 Portland Avenue between Arundel & Westem Avenues (Beth Bai 266-6580). MOTION: Commissioner Field moved to deny tl:e appeal of t1:e denial by tl:e Zoning Adnzinistrator of a site plan for a carriage Itouse and garage at 420 Portlarad Avenue beriveen An�ndel and Western Avenues. Commissioner Vaught informed the Commission that he would not vote on this issue; he would not participate in any discussion regarding this issue; he has not paRicipated in a discussion on this issue in any way; and he has not discussed the substance or the procedural issues of this matter ��ith any member of the Commission prior to the vote. Commissioner Treichel asked if the applicant can correct the 1990 lot split? Ms. Bartz responded that the onfy way to make the lot split valid would be for the property owners of 415 Summit Avenue, which is the remainder of the parcel, to apply for a rear yard variance, which would then bring that structure into conformance. The condominium association that owns that piece of property has not been willing to come forward and do that. The motion on tl:e floor carried unaitimously on a voice vote wiUe Commissioner Vaught not VOtllia. � #98-277 U.S. West Wireless - Special condition use permit to allow construction of a PCS wireless communications antenna support system at 218 Kiplin� Street between Hilldale Avenue & Lower Afto� Road (Martha Faust, 266-6572). MOTION: Commissioner Field moved approval of t/:e requested specia! rondition use permit to allow constrrtction of a PCS wireless communications antenna suppart system at 2I8 Kipling Street, wkich carreed m:animous[y on a voice vote. �98-261 Louie's Billiards Inc - Special condition use to allow a billiard hall business at 1990 Suburban Avenue (Martha Faust, 266-6572). Commissioner Field informed commissioners that Mr. Warner is workino on a resolution for this case. MOTION: Commissioner Field moved for an extension of two weeks jor this case so that the appropriate resolution can be written and reviewed Commissioner Vausht stated that he voted aoainst the Committee's decision because he feels there is not evidence to support the decision of the Committee inasmuch as it �vas based on the alle�ation that somehow the presence of this particular faciliry at that location would be detrimental to the Qenerai heaith, «eifare and safeh of the communit}. There �vas a lot of anecdotal discussion includin� some discussion of the Police Chief at a district council meeting. �chich �vasn't accompanied by an} factual basis. There �vere a lot of alle�ations of the all ofthe � evils that would come from this particular billiard half at this location. but there was a decided absence in the record of any hard facts. Commissioner Vausht stated that he did find the parking to be deficient and he thinks that the shared paskin� aQreement, �vhich the Zoning Administrator approved, doesn't conform with the code. He said he couldn't persuade any of the other cornmissioners that that ought to be the reason this request should be turned down. Commissioner Kramer commented that there was significant discussion on the parking � arrangement at the Zoning Committee meeting and it was his impression that the parking deficiencies, the inadequate parking agreement, and the concerns of the neighborhood all needed to be part of the resoluYion; they were accepted as part of the motion for denial. Commissioner Gordon stated that he wants to emphasize that the parking issue was a concem for all of the commissioners at the Zoning Committee meeting. Commissioner Vaught's disagreement, as he understood it, was to the extent that the motion went beyond the parking issue. TI:e mntion on theJloor to extend t/ris case for two weeks carried on a voice vote. Commissioner Field pointed out to Zoning Committee members tltat the next Zoning Committee meeting on November 12, 1998, will be held in Room 40 of the City Hall Conference Center. He then read the agenda for that day. V. Guest Presentation: Ken Greenberg, The Saint Paul Design Center Mr. Ford commented that the Saint Paul Desi�n Center was established to help the City collaborate �vith other interested agencies and businesses involved to implement the Saint Pazd on the Mississippi River Development Framework with appropriate attention and priority for the urban desi�n issues that are foremost in that plan. When the Steerintr Committee a few months a�o deve]oped a list of aQencies and departrnents in � the City they thouaht it wou(d be worthwhile for the Commission to hear from them to understand things that are goin� in the city relative to the Commission's interest of city plannina, the Desi�n Center was amons those. Tim Agness, the managin� director of the Design Center, and Lucy Thompson, PED's staff inember who is spending a�ood deal of her time with the Design Center are also here today. Saint Paul was fortunate to engage the services of Ken Greenber�, who lead the consuttant team on the Saint Pa:d on the Mississippi River Development Framework and to help the City� with the overall direction of desia centers. Mr. Greenber� is here today to share with the Commission what is �oing on with the Desi�n Center. Mr. Greenberg began by saying that four yeazs a'o when Ken Ford, Dick Broker and Patrick Seeb came to visit him at the University of Minnesota where he �vas working on the Master Pfan, to talk about the possibility to do some work in Saint Paul, he had no idea that it would turn into such an extraordinary voyage leadin� to the Framework and into this new initiative, «hich comes out of the Framework, which is the creation of a Design Center in Saint Pau(. There has been an interim Design Center, which operated for over a year. Tim Agness, Lucy Thompson and Tom Eg�um were key members of that team. lt proved the value to this community of having a group of key staff inembers cutting across disciplinary lines working to�ether on Yhe collective projects of city buildina. What is happening in Saint Paul is �vhat is to 6e found in all of the ke� cities that have had a grea[ resureence: Philadelphia, San Francisco, Ne�r York in earlier years; Bosion. CincinnaTi, Providence, Portland in current years. They are all part of this ne�� movement of returnina to city centers. [n Europe, Berlin, Amsterdam, Barcelona. and Paris have had a ven similar esperience. In Saint Paul, he believes, something has been created �vhich is uniquely tailored to the culture � of this cin . The siructure is not exactly like any other that he is aware oE Iu distinguishing a�-�1� � feature is that is has one foot inside city government and one foot out. Through the involvement �vith Riverfront Corporation and its board; the involvement of the University of Minnesota; iYs affiliation �vith the Capital City Partnership; and the continued involvement of inembers who are key staffers of all of the City departments who have a role in shaping the city, this had the potential to draw on the unique strengths and ways this community comes together around issues. The Design Center is basically a place of forum, an opportunity for collaboration, a hub of expertise, information sharing, and first and foremost, it is a service agency. It provides opportunities for value-added to the activities that people are undertaking anyv✓ay. The Design Center will do four things over the course of the next year: I) create a resource which will consist of many things, one of which (workine with the University of Minnesota) will be a fully operational CAD model ofthe four square miles covered by the Framework in three dimensions available for use by the public, by desi�n professionals; to be eventually extended to the nei�hborhoods; 2) involved in key projects as they emerge, and to look at how individual efforts can be refated to achieve the maximum synergies and the greatest benefits; 3) provide some guidance on strategic use of capital funds; all of the agencies that are involved in the business of renewing the fabric and the infrastructure of the city. Each time a ciry is renewed there is an opportunity to modify the environment slightly in aid of emerging design objectives. 4) Is intended to be a public forum, a place where the issues of the day relating to city design are focused; where there are lectures, discussions, symposia, opportunities for designers of key ne�v projects that are coming along to present their drawings and models to the community to have them discussed; �vhere school chitdren can come in and see ho�v their city is evolving; to take all of the things that are read about in the pages of the newspaper and make them much more real and tangible to people; �ive them the opportunity to experience how the � real place is chan�ind. The Desion Center is currently lookins for a place to locate. Ideally, it would be a location which ��ould have a storefront component so that it's �'eq visible, very easily accessible and very invitin� to the public. In summary, 4vhat the Desi�n Center will do and is alread} doin� in the community is to create the climate for strone project collaboration, to ensure that the principles of the Framework, which have been adopted by the Cih, are implemented to help ensure good design and to take the lead in collaboration with al! of the other aaencies and departments in pushin� oppoctunities that are no�t on the horizon in Saint Paul to the limit in terms of what they can achieve and contribute to the community. It is a very exciting time in Saint Paul. Mc Tim Aeness then addressed the Commission to flesh out more of the details of how the Design Center wi(I actually operate ho�vever, he admitted that one of the advantaQes/ disadvantases of following Ken Greenberg is that he sums up every�thinQ pretty quickly. Mr. Asness commented that the Design Center is not a bunch of new' people but is all the people of the community (developers, Cih staff. other aoencies that are interested in rebuildins Saint Pau!), �vho have been �vorkinQ together. y The Desisn Center hub «iIl be a place of ener�}, information, acticin and ideas. It has a set of unique plannins and desien tools If �oir are a dz�efoper. �ou are soing to find a place on sveet level that «iil be open and im itin�. �ou ��'ill be able to see throueh thz �rmdo�� that there are � people workinQ on the three-d computzr model. people leznina o� er desks and ��orking on initiatn es that are tal:ins place toda�. and are pfanning for ones that �t-i1; taf:e place in the future. This is not a ne�� sroup of people. It is alI of the same people uho are no« �vorkina together. The Desi�n Center is the hub where they come tooether. Inside the hub. you will find a display and library of the plans and documents in Saint Paul. It will have somewhat of an auditorium feature so that you will feet very comfoRabie when you walk in. Throughout the facility there � �vill be models and drawings of the things that are going on in town. If you are new to the area or here as a developer from some other city and have an interest in Saint Paul, hopefully, this will be the place that you can put together what is going on in the private sector of development, in the Parks Division, in Public Works, in P(arming and Economic Development, in the Port Authority, etc. The goals of the Design Center ace to have project collaboration, to implement the principtes of the Frarnework, and to produce good urban design. Mr. Agness closed with the notion that planning and design cannot remain to be thought of as somethin� extra, something beyond what really should be done, fluf£ This model will track what is being done in Saint Paul and how each project influenced the area (post design analysis). Commissioner Gordon noted that many of things talked about are missions of PED or missions of the Plan�ing Commission and asked ho�v the Design Center plans to liaison wiYh PED and �vith the Planning Commissioa Mr. Greenberg replied that hopefully, the Design Center will noi duplicate efforts of PED or the Planning Commission, but will actua((y connect them to each other in a more effective way. Mr. Greenber� emphasized that they resisted the temptation to create a sort of parapfanning oraanization outside of the normal structure, and instead have created a matrix organization so that people who are currently in PED, in Public �Vorks, in Parks, in real estate, in the Port Authority, in the Capital City Partnership, in the Riverfront Corporation, in their norma! jobs, have in effect gotten a second passport (membership in the Design Center). They bring the things they are already workin� on to the center where Yhey will � si[ do�vn and �vork with tUeir collea�ues in all of the other a�encies to produce a more effective and very hands-on, very informal, and sometimes very creative kind of communication that pushes the ed�e of the em�elope. For examplz, he cited the Northeast Quadrant where around the Yable are people from all those �roups so that simultaneousl}', the wfiole group can consider modifications to the street pattem, improvements to the street scape, the role of public spaces, planning issues. heritage preservation issues, eta He called it a lieht touch addine to all the things that are already happenine. Commissioner Enah asked about the relationship between the Desi�n Center and Capital City Partnership. Mr. Greenbero replied that John and his staff have been amon� the key architects of the Design Centec The Desion Center sees the facility and the tools that will be created as ke;- components ofthe Saint Paul's marketin� pro�ram to be used by Capital City Partnership, PED, and the Port Authorit}. Commissioner Mardell asked �vhere the center is located now. Mr. Greenber� replied that the Cenrer is currently operatin� from the Riverfront Corporation offices and is usinQ rooms in City Hall for meetines. -[ he hope is that the Desien Center �vill have its own space early in the new �ear. Mr. Aeness added tha[ e�en ��hen there is a hub, the Desisn Center will still be located throuehout the ciiv. Commissioner Nordin asked ho« oftzn the� met and �ahat ��ill �ou see ��hen �ou �caii: into the Desisn Center hub. �Ir. Agness responded that «hen �'ou �val(: into the Desisn Center you should be able to see a desisn smdio in action in a communit� facilin �tihere dialooue takes � place. It �vill feel venr open. There will also be literarure that esptains what [he services and tools of the Design Center are and how there are used. The Center probably �vill have regular a9-��.� � business hours with rotating staff available. Mr. Greenberg added that the new space will be shared with the Riverfront Corporation so that all the common areas will be common to both and some of the staff �vill be common to both. In addition, it will be a place where drawings, plans and models of what is current in Saint Paul can be displayed. Commissioner Geisser stated her concern for a place at the table for someone from the Planning Commission, or that the Commission can assist in some way. Mr. Greenberg welcomed the assistance. Commissioner Treichel noted that she had visited the Design Center in Chattanooga, which began �vhen the city �vas in terrible shape. Fifreen years later Chattanooga has completely turned around. Commissioner Treichel asked whether she could be as optimistic as she wanted to be about design centers being the mechanisms today to help recreate cities. Mr. Greenberg responded that he thought she could be extremely optimistic. He said that Americans are getting very excited about cities again. After decades of neglect, as Saint Paul has experienced along with many cities in America, Saint Paul is on the up curve. The planning field had become somehow detached from physical reality and had become more and more abstract and sYatistically based. The Design Center is so important because it is bringing people back to the reasons that they do things; the physical places that are created become important; that design and function collaborate to create a place for the life and activity that goes on there. Mr. Agness added that about a year ago, they visited design centers throughout the U.S. to find out what they had done right and what they had done wrong to get a feel for what should be done in Saint Paul to get the Design Center up and running successfully. � Commissioner Nordin asked if the Desion Center had weekly/bi-�veekly meetings and an agenda or minutes that could be sent to the Plannin� Commission. Mr. Agness said that they currently meet weekiy. Over the past year they have been tracking projecis. Aoendas are difficult to put together because it is mostly a report on what each individual has been tracking and a discussion of that They don't have the staff to put to�ether minutes. Chair Morton thanked Mr. Greenber� and Mr. A�ness for coming today. There is a great deal of interest on the part of the Plannin� Commission and it would appreciate any information that can be fonvarded. Chair Morton announced the joint public hearin� on the Sctint Pazd Hozrsing PZan and Summary and General Policy: The Saint Pazd Comprehensive Plan with the Ciry Council from 630-8:30 p.m., on December 7, 1998, at Saint Paul Technical College Auditorium. VI. Comprehensive Planning Committee Commissioner Geisser announced that the next meetin� is scheduled for 4 p.m. on Wednesday, November 18, 1998. VII. Neighborhood and Current Plannine Committee �o report. � 4TII. Communications Committee No report. IX. Task Porce Reports Commissiorter Gordon announced that the Ayd Mill Road Draft EIS is close to going public. The next round of STAR small grandloan applications are due February for $20,000 or less. Regarding the STAR Board, there has been a lot of comment lately about the problems with low and moderate income housing. Commissioner Gordon has discussed �vith the STAR Board's chair, the possibility of using the STAR monies in the next large round of grants and loans to give a priority to low and moderate income housing projects. Chair Morton asked Mr. Ford if he knew the whereabouts of the Pha(en Boulevard EIS. Commissioner Kramer chimed in that the last he heard, it was hun� up in the U.S. Transportation Department. Mr. Ford replied that he could not give a better answer. X. Old Business None. XI. New $usiness None. XII. Adjournment The meeting was adjoumed at 9:44 a.m. Recorded and prepared by Jean Birkholz, Planning Commission Secretary Plannine and Economic Development Department, City of Saint Paul Respectfully submitted, Kennet Ford Plannins Administrator Approved ����/�� (Date) �-f i 'T"1/L!/�iL ^ �� . 1, /Gf/ r Esperanz Duarte � Secretarv of the Plannino Commission � � � \pfannino�[rmtes.frm °f°I'� �� • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard «'esf A meeting of the Planning Commission of the City of Saint Paul �vas heid Friday, October 23, 1998, at 830 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Geisser, Morton, Treiche] and �Vencl and Messrs. Field, Gervais, Present: Gordon, Kong, Kramer, Mardell, McDonell, Nowlin and Vaught. Commissioners Mmes. Engh, *Faricy and *Nordin and Messrs. *Johnson, *Margulies and Sharpe Absent: *Excused � Also Present: Ken Ford, Planning Administrator; Jean Birl;holz, Beth Bartz, Martha Faust, Tom Harren, Larry Soderholm and Mark Vander Schaaf, Department of Planning and Eco�omic Development staff. I. Approva] of Minutes of October 9, 1998 l�TOTION: Commissinner McDonell moved approval of the min[rtes of October 9, 1998; Commissio�ter Gervais seconded Ute n:otion which carrled unanimously on a voice vote. II. Chair's Announcements rione. III. Planning Administrator's Announcements �i�r. ��rd's �nier�ph�n� �� n�t tv�rl2in�.� Mr. Ford announced that the Ciry Council has referred the Billboard Task Force recommendation to the Planning Commission; and has approved the rezoning for the senior housing on Upper Afton Road. Planning Commission's actions at the JLT Parking Ramp have been appealed by the owner of the apartments adjacent to the site. I�'. Zoning Committee ���mmi�i�n�e Fi�ld'� mier�ph�a� ��-�� n�t �ti�rlein�.� � �98-261 Louie's Billiards Ine. - Special condition use permit to allou a billiard hall business at 1990 Suburban Avenue (Viartha Faust. 266-6�72) Commissioner Field stated that there was no recommendation from the Zoning Committee. � ���rnmi�i�n�r �m�r'� mi�ph�n� t� n�t v�rl�ing.) MOTION: Commissioner Kramer movetf den:ia! of t/re requested specia[ condition use permit to allow a billiard ha[! business at 1990 Suburban Avenue on the basis that it dnes not conforn: to t/:e necessary reguirements jor s/:ared parking; seco�eded by Contmissioner Gervais. ����mi�Qi�n�x ��u�ht'� �niec�ph�n� �va� n�t �v�rking.a MOTION: Co»:missioner Vaugkt moved to re-rejer t/te matter to t/ee Zoning Committee for consideration of info�n:ation witF: regard to sltared parking; seconded by Commissioner Geisser. Commissioner Vaughi inforrned Commissioners that at the Zoning Committee meeting, he considered the information cvith respect to shared parking (a shared parking azrangement that wou(d be required if the Zoning Committee were to approve it), to be quite inadequate. It was not even typed; it was scribbled on a piece of paper and si�ned by Larry Zangs, and none of the Committee could make very much sense of it in terms of tvhat it meant Mr. Zan�s was not abie to be present at the meeting. Commissioner Vaught noted that he made a motion afrer the conclusion of the public hearing to table the matter ia order Yo consider exactly what Mr. Zangs said; no one seconded the motioa There was some discussion, and at a point where the discussion ceased and no one made a motion, Commissioner Vausht stated that he called for the � order of the day (a le�al parliamentary maneuver) in the absence of a motion on the floor. The chair granted his point and the a�enda moved on. No one appealed the chair at that particulaz time. This motion would send iT back to the Committee as thoueh the motion Yo table tivould have been granted at the Zonins Committee meetintr, and would allo�v Mr. Zan�s to come to the meetina and explain what he meant by what he �vroie. Commissioner Field stated that at the Zoning Committee, he announced that the public hearing ��as dosed prior to the committee discussion. ���m�ni�i�n�r ��e��n's mier�ph�ne s�ans t� � ���rkin� but at a l�zv�x l�v�l t1a�a tesual.a Commissioner Gordon said that as he understands it, there wiii no�v be additiona[ information availab(e, information that �vas not avai[able at the [ast pubiic hearina and some people may �vant to direct their comments to the ne�v information. He questioned ho�v they could do that if the public hearing is closed? Commissioner Field commented that the Committeejust needs clarifcation on staffs information. Commissioner Gordon added that some member of the public mieht «ant to disasree with any ne�c staff information. Ther didn't have an oppottunit� to respond to it at the public heazing. Commissroner Vaueht informed members of the Comrnission thac if the public hearins is � a q-la1 � reopened, new public hearing notices will need to be seat. He doesn't necessarily oppose re- opening the public hearing, but havina been at the meeting, he is convinced that whatever it is that Mr. Zangs has to say is not goin� to chanae the opinion of anybody who appeared at the previous hearing. ���mmi�ssi�ner t�[�D�a�ll'� miereoph�n� i� ���rYcing, but at a I��v i�v�l,a Commissioner McDonell said that he assumed that Commissioner Vaught's motion to refer this case back to the Zoning Committee is a priority motion over Kramer's motion to deny. In the spirit of a friendly amendment, Commissioner Gordon moved to amend Commissioner Vau�hYs motion to re-refer to the Zoning Committee to permit additional testimony on the shared parking issue. The friendly amendment was accepted by Commissioners Vaught and Geisser. Commissioner Kramer stated that he did not support re-opening the public hearing because none of the testimony at the previous public hearing related to the shared parking agreement and there was no controversy over the shared parking agreement. Commissioner Vaught acknowled�ed that what Commissioner Kramer said was correct, and reminded Commissioners that the 60-day deadline for this case is November 13, 1998. Since that is the case, the public hearing coidd not be on the next Zoning Committee agenda because � of a public liearin� notice requirement, and it �vould not be able to be on the Plannin� Commission agenda again until after November 13, 1993. The deadline could be extended, preferably with the applicanfs approval, so that a public hearing could be conducted. SUBSTITUTE MOTION: Commissioner Field moved tl:at the public Itearing for this case be not re-opened, but that the record be kept open to accept written comment unti13:30 p.m. October 29, I998; Commissioner Kran:er seconded tlte n:otion. Commissioner Gordon said that as he understands an estension of a case, either the applicant can a�ree to extend or the Plannin� Commission can extend it without the appiicant s agreement. �Vith respect to Commissioner Kramer's comment about none of the testimony at the public hearin� referrine to the shared parking agreement, Commissioner Gordon feels even more stronely that the Commission has an obligation to inform the public ofthis additiona] staff information and then al(ow [hem to respond to the new information relatin� to the shared parkin� aareement. MOTION: Commissioner Field moved to call Uze question wl:ich carried unanimously on a voice vote. TI:e substitute motion on tlre f7oor to i:ot re-open tlae perbtic hearii:g of case �98-261, but to allox• the record oper: for written conan:ent unti13:30 p.»r., Tl:ursdav, October 29, 1998, carried on a roll call vote of 10 - 4(Geisser, Gordon, ROlto, Treichel). � #-'98-262 St. Anthom' Manaaemen2 for D'iatt Krustritz - Consideratior of a nonconformins use permit to allo�� leeal escablishment of a nonconforming u;e, a leaal office RM-Z district at 607 Grand Avenue (Beth Bartz, 266-6580). MOTION: Commissioner Fie[d n:nved approval of the re9uest to consider a nonconforming use permit to a!!ow lega[ estab[is/�ment of a noncanforming use, a legal office in an RM-2 rfistrict at 607 Grand Avenue w{rich carried unanimotrsly on a voice vote. Commissioner Field read the a�enda for the next Zonin� Committee meeting scheduled for Thursday, October 29, 1998. V. Guest Presentation: Mark Vander Schaaf, Geoaraphic Information Svstems, Their Sianificance for Plannina and Pro�ress in Saint Paul. ('I'h� p�di��m mi�r�ph�ne was ��ehing ��il.a Mc Vander Schaaf reminisced about working with PED for rive(ve years and having made many more frequent presentations to the Plannina Commission then and shortly thereafter. He noted thaY he reco�nized some familiar faces (and it rvas good to see them) from rivelve years a�o. ! Mr. Vander Schaaf stated that he will cover some very basic things about GIS and how it works. It wifl be helpful to understand the building blocks because every complex usa�e of GIS builds on some fairly simple principles. He said he �vill also talk a bit about how GIS is being used and developed in PED. He will finish up on how GIS is being used and developed in City government and beyond. � He explained that the GIS movement is toward integraTina various departments and users into a broader system. GIS is a technolow that really blossoms when it's part of a computer nerivork or an enterprise-wide nehvork. One of the reasons why GIS has developed in PED or maybe, not developed the way that it has, has to do with the fact that about five years ago PED began to learn about the possibilities of networkin� GIS with other City departments. PED started doinQ desktop mapping usin� Mapinfo Software, and was told tfiat at that time, MapInfo didn't have the ability to use data that came from work that was bin� done by Public Works, and that there was a sofrrvare that would have that ability and PED shoatd be ready to move to that other sofnrrare, and PED a�reed to do that. However, PED found out that the other sofnvare only ran on a Windows environment, which PED did not have at that time. When PED adopted a Windows environment rivo years ago, it began using ArcVie�v Sofhvare, which give PED the ability to integrate with other City departments. Mr. Vander Schaaf stated that his comments today tvill fall into three basic topics of GIS: I) Thematic Mapping, 2) Address Location, and 3) Geocodine. Thematic M�pins Needs a set of boundaries: e.s., plannina districts. Cit} Council ��'ards. zip codes, census blocl: groups, etc. Needs a set of data for each area: e,a.. population. povem� rates. median nousinQ values, etc. � q9 •t�.l � Choose data set and produce map ComQlexities Number of categories Defining the range for each category Cobrscheme Address Location Prerequisite: a base map (centerline street map) Type in address and it will be instantly located relative to base maps This is an important way that some routine Zoning �� ork can be speeded up. When someone wants to know how a property is zoned at a particular address. This used to take a cal( back after the zoning person looked it up. There would usually be a big backlog of addresses you had to look up on paper. No�v, you can do that fairly quickly. Geocodina List of addresses compared to center line street file (Data in centerline street file includes address ran�es for each street seament) Geocoded data estimates location of each address As a point � Relative to address range Geocoding is a special application of address locatine. It takes a]arge m�mber of addresses and finding out where they are al] located. The example Mr. Vander Schaaf displayed was thai of the number of jobs in downtown Saint Paul. This used to be a very laborious task that wasn't very accurate. The raw data from the State of Minnesota helped a great deal. You start with the list of 8,000 businesses and compare their addresses to the addresses on the centerline street file. ��oma�i�ion�r'�r�te��l's mierophoae �s �ot �rt�in�.� Commissioner Treichel asked if there is capacity to put into the system how the median income is projected to increase for the next five years and combine that with information for a housina pro�ram. Mc Vander Schaaf responded that GIS displa} s and analyzes in a fairly sophisticated way whatever data is given to it. We will have to fiQure out in some other way what the expected median income will be in the future — GIS cannot tell us that. Once you put that data into the GIS system, it can display and analyze it very quickly in a map form. You need to go back to more conventional techniques for demographic projections. Mr. Vander Schaaf continued to explain how the �eocodin� �vorks to ans�ver the question of ho�� man}' }obs there are in do�vntown Saint Paul. ��om►ni�ioa�r �ard�llas mtcropko�� w� aot worki��J Commissioner Mardell asked if GIS is available to the public. bfr. Vander Schaaf repiied that it can be. He would talk about that later. GIS in PED The software PED uses is ca[[ed ArcView. ArcView is made by ESRI (Environmental Systems Research Institute}, the targest GIS sofhvare company. ESRI is totalty owned by Jack and Laura Dagermond, a husband and wife who started out 30 years ago as a small consufting firm dealing with environmental issues. As time went by they began making some sofhvare to help analyze issues; one thing led to another, and before they knew it, they were making what was becoming regarded as the best GIS sofrware available. Jack Dangermond has an undergraduate degree from the U of M in urban piaaning and a masters in landscape architecture from Harvard. He has a good vision of how GIS should serve society. PED staRed using ArcView because it is a kind of a middle of the-road versioa. It is noY the most sophisticated sofrware you can use. The next step up, the standard sophisticated ESRI software is called ArcIrtfo, which a lot of the more detailed Public Works geographic data is in. One reason PED adopted ArcView is because it can pull in infrastructure data from Public Works even thou�h we can't make it. Now, the primary use of ArcView in PED is a mixture of functional and geographic teams' perspectives. The second big use is in zoning and land use. Mr. Vander Schaaf stated that one way GIS could be avai(abte to the public and more broadly available to staff is through a browser software, which can be downloaded off the Intemet on your home computer, called ArcExplorer. � When PED works with other City depaRments and key community partners and Ramsey � County, GIS work can become very interesting. Now, PED has online access to Ramsey County raw data, and can use it as it wants in an unlimited sense, and to some extent, can share it �vith people outside of City government. The City is working toward an "enterprise GIS.° The City has a variety of types of data on particu(ar properties, but it is in many different departments in vastly different ways, Some have one kind of database; some have another, some have no database at a[L Piecins data to�ether on a particu(ar property or a particular set of properties or on a neighborhood can become very frustratina. The big question is how does the City or a paRicular department get the risht data formats and the right sofrivare to enable people to pull in data from housing inspection people, from LIEP, from the Police Department, and combine it on a map. It seems to becoming [ncreasingiy urgent to do this othercvise there wii( be departments duplicating databases and there witl be a lot of ine�ciencies. Saint Paul's planning districts, community clevelopment corporations, and local colleges are ail eager To get this daYa and work with it for purposes of serving the communit}�. GIS data is becoming in great demand wiTh the new desien centec A consultant is comin� in to tivork with Cih departmenu on the enterprise GIS issue. � The people �vho run the Citv s Interne[ Website in Citizens Service Office are beginnin� to look at «hat are the best ways to put out some of this data to the u'hole public on ffie Intemet. I�J q� . l �1 � Mr. Vander Schaaf expects the next couple of years to be extremely interesting in terms of how does the City put all these pieces together to give us somethin� that can really increase the City's abitity to have good insights and make good policy based on geographic information. Mr. Vander Schaaf concluded his presentation with a question and answer period. VI. Comprehensive Ptanning Committee Commissioner Geisser announced that the scheduled November 4'" meeting is on hold. VII. Neighborhood and Current Planning Committee Mr. Ford announced that the October 27` meeting is canceled. VIII. Communications Committee No report. IX. Task Force Reports, etc. Commissioner Gordon reported that the STAR Board recommendations were approved by the City Council. � Commissioner Kramer announced that there wi11 be a dedication for the groundbreaking of the Ames Lake Wetland held Friday, October 30, 1998. A flyer w�ill be sent to each commissioner. He also reported that he and Chair Morton attended a dedication ceremony yesterday for a 13- acre park in Highwood. Commissioner Mardell con�ratulated Commissioners Kramer and Nowlin on the recent announcement of the bus garaee beine located to the Cayuga site. Commissioner Gordon asked about the 5'h Friday Discussion schedu]ed for next Friday, October 30, 1998. Mr. Ford responded that it will be canceled. Commissioner Geisser asked why commissioners were sent the packet on Curfew Street. Mr. Ford rep(ied that commissioners were sent copies of the letters because the letters �vere addressed to the Planning Commission; a copy of the response letter was also in the packet. The response states that there is very little that the Planning Commission can do, but staff is continuing to do some work to make sure that the communih or�anizers and the owners of the business who could let these people drive throuoh their entrance and avoid using Curfew Street work out the best solution possible. Commissioner Geisser added that realtors in the area ought to be tellins peopie when they are buyin� a home there that irs in an industrial area. Commissioner Gordon suesested that Chair Morton assisn a Plannins Commission member to serve �vith Ms. Drummond in �corkine with the problem of Curfew Street. � Mr. Ford announced that the date for thejoint public hearing on the Housino P(an Drafr and the Summary and Genera[ Policy Chapter of the Comprehensive Plan has been set for Monday, December 7, 1998, at Saint Paul Technical College. Chair Modon announced that since pazking might be a probtem that evening, Ms. Nancy Homans is going to look into gettin� permits for pazking. X. Old Business None. XI. Ne�v Business None. XiI. Adjournment The meeting was adjoumed at 10:08. Recorded and prepared by Jean Birkhotz, Planning Commission Secretary Planning and Economic Development Department, City of Saint Paul Respectfally submitted, Kenneth Ford Planning Administrator Approved �/ /� /� � (Date) Espetan D�uart `��� Secretary of the Planning Commission � �� � ������ ►, J MINUTES OF THE ZONING COMMITTEE Thursday, October 29, 1998 - 3:30 p.m. City Council Chambers, 3rd Floor City Hali and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Gordon, Kramer, Morton, Vaught and Wencl Gervais Peter Warner, Assistant City Attorney, Beth Bartz, Geri Boyd, Martha Faust, Larry Soderholm and Jim Zdon of PED The meeting was chaired by Commissioner Wencl. LOUIE'S BILLIARDS INC. - Zoning File 98 - 261 - Special Condition Use Permit to allow for a billiard hall business. Martha Faust, PED, distributed additionai information submitted to the Zoning Committee previous to the meeting. Ms. Faust stated that the staff report had not changed from what was presented two weeks prior. Ms. Faust stated staff recommended approval of the Special Condition Use Permit. Ms. Faust also distributed the minutes from the District 1 Planning Council, which after meeting, rescind their past recommendation of approval �and wiil be taking no position on the application. Upon question of Commissioner Kramer, Ms. Faust stated that the code measurement was done from the nearest corner of the building to the nearest property line. Mr. Soderholm confirmed the code measurement requirement from the code book. ln further response to Commissioner Kramer, Ms. Faust stated that the nearest residential property line is taken from a plat map. Larry Zangs, Zoning Specialist, of the LIEP office for the city of St. Paul appeared. At the question of Commissioner Kramer, Mr. Zangs stated that restaurants and billiard halls are classified as non- retail. Mr. Zangs explained that this building given its size is multi-use retail. He further explained that traditionally they take the definition of multi-use building with mixed use in excess of 20,000 sq. ft.. Mr. Zangs stated that he used the calculations for the billiard hali taking the parking calculation as it appears in the code 61.03. Mr. Zangs stated that this use is more the kind of use in a multi-use situation and the 1 to 280 sq. ft. is applicable especiaily on the Rufe of 5. Mr. Soderholm explained that the Planning staff did a study in 1993 of parking standards, atwhich time the codes were changed, and with multi-use buildings generally the parking requirement is lower because the various uses will have different peak times. At the question of Commissioner Vaught, Mr. Zangs stated that there is a parking deficiency for this use and the option then is to look at shared parking. He explained the applicant indicated fiis peak hours, and he then looked at the time the other tenants were closed, therefore, creating available parking spaces. �mmissioner Faricy stated thai this has been discussed long enough and calied the question. There was no further discussion, and Commissioner Morton moved to recommend denying the Special Condition Use Permit. The motion was seconded by Commissioner Kramer. Zoning Committee Minutes Louie's Billiards, Inc. (98-261) October 29, 1998 Page 2 Commissioner Vaught stafed that he wil� not vote on this issue on fhe basis presented. � Commissioner Morton stated that while in item #C on the staff report used the existence of a police storefronf as a basis for recommending approval, this was not a valid finding because the police storefront could desist, and wouid no longer support the proposed use. The motion was called recommending denial of the Speciai Condition Use Permit. Adopted Drafted by: Yeas - 5 � � ���� %.:.��:C Geri Boyd Recording Secretary Nays - 1 (Vaught) Submitted by: � / ��`�� Martha Faust � Southeast Team Approved by: 8arbara Wencf ~� Chair � � q`I'��� � MINUTES OF THE ZONING COMMITTEE Thursday, October 15, 1998 - 3:30 p.m. City Council Chambers, 3rd Floor City Hall and Court House 15 West Kel{ogg Boulevard � PRESENT: EXCUSED: ABSENT: OTHERS PRESENT: Field, Gervais, Kramer, Morton, Vaught and Wencl Faricy Gordon Peter Warner, Assistant City Attorney, Beth Bartz, Geri Boyd, Martha Faust, and Larry Soderholm of PED The meeting was chaired by Commissioner Field. LOUIE'S BILLIARDS - Zoning Fi{e 98 - 261 - Special Condition Use Permit to allow for a billiard hall business. Marfha Faust, PED, gave a slide presentation and reviewed the staff report. Ms. Faust stated staff recommended approval of the Special Condition Use Permit. She further stated that a letter was received from the District 1 Community Council requesting that this case be laid over to October 29 This wouid ailow the tenants of the building who were not notified because they are not property owners, the opportunity to express their opinion about this project in a community forum. In response to Chair Field, Ms. Faust stated that initiaily she had received a letter from District '[ supporting the Special Condition Use Permit and that she was faxed the letter regarding the lay over this morning. Upon question of Commissioner Vaught, Ms. Faust stated that the legal status of the property is receivership, and that the appiicant can provide more detail. Commissioner Vaught stated that at the Planning Commission meeting, it was requested that Mr, Zangs be present. Mr. Soderholm explained that he talked with Wendy Lane on October 14"'• and with Larry Zangs who was out ill, at 9:00 a.m. that morning. Mr. Zangs had expiained the ca4culatioris to him. Because many of the businesses would be ciosed after 5:00 p.m., freeing up approximately 3Q� � additional parking spaces, the Planning Administrator would be able to issue a shared parking agreement if the Special Condition Use Permit is approved by the Planning Commission. Upon further question of Commissioner Vaught, Mr. Warner stated that Mr. Zangs works for the Zoning Administrator (Wendy Lane). Zoning Committee Minutes October 12, lggg Louie's Billiards (98-261) Page 2 Mr. Soderhoim referred to his copy of the code, and responded that the Planning Administrafor would have the authorityto issuea shared parking agreement, aswouid the Planning Commission. Mr. Soderholm further stated that it was his understanding that Mr. Zangs calcutations tfiat were submitted, were a preliminary calculation, and that if the Special Condition Use Permit were approved by the Zoning Committee and then the Planning Commission, a formal approvat of a shared parking agreement would be written. Upon question of Commissioner Kramer, Ms. Faust stated fhat the maps, hours of operation, etc. submitted were from the applicant, and thaY was the information Mr. Zangs used to calcuiate the parking. Commissioner Wenct expressed concern with the validity regarding the police station in findings #C of the staff report due to the fact ffiat it cou(d be moved from the center at any given time. lew Schaar, 1300 Wilson, apartment 1205, appeared. Mr. Schaar explained that he was requested by Larry Zangs to provide a site plan, a business layout, and a sheet with all of the 6usinesses square footage, and their hours. Hefurtherexplained that regarding the parking, given the square footage, he would need an additional 14 parking spaces. At the question of Chair Field, Mr. Schaar expiained that the vacant space at 1992 is 2500 feet, and that is the space that he wiii be occupying. Thaf particular space wouid require 24 parking spaces of which under normal ca4culations only ten would exist. Ms. Faust responded to Chair Field, stating that the correct address is 1992 Suburban Avenue, not 1990. Mr. Schaar further expiained his understanding was thaf the property as a whole is listed on the tax rolls as 1990 (a single unit). The other numbers identify each unit within. Mr. Schaar stated that he met with District 1 Community Council artd addressed all of fheir concerns. He also stated that he visited with many of the businesses in the buitding. Upon question of Commissioner Kramer, Mr. Schaar sfated that the Property Manager of this site, is Mike Connor, of 8attle Creek Properties. He has been the ongoing property manager. As of now, Mr. Connor is not the official manager because of the receivership situation. The day he signed the lease, was the first he became aware that Mr. Connor was no tonger the property manager, and Towle Management had become the management company of the cerrter. Atl contact had been done with Mr. Connor. At the questiort of Commissioner Morton, Mr. Schaar stafed he no longer operates his per�l haii in the Midway area. No one spoke in support. Steven Schachfman, Steven Scott Management Inc., 5402 Parkdale Drive, Suite 200, Minneapolis, appeared. Mr. Schachtman stated tF�at he represents and manages for the owners of CreEk Poirtte apartments, a 234- unit apartment compiex across from the facifity. He stated that the ovrnerjust invested one miilion dollars in capital improvements to their properfy. Mr. Schachtman further stated that the owners have contributed five hundred dollars a year to fund the Potice substa6on located in the facility. � � �� � � � Zoning Committee Minutes Louie's Biiliards (98-261) Page 3 Mr. Schachtman expressed concems of possible parking issues if this poot hali is aliowed. He also expressed his concems regarding possible problems with customers, efc. He urged the committee to not lay this item over but to defeat it. Chris Mowry, 4056 vctoria Street, on site property manager of the Creek Pointe apartmenfs, located at 1950 Burns Avenue. Mr. Mowry stated that spillover parking from the biiliard hall is one of their biggest concerns. Residents who have a right to be at the apartments won't have a place to park. The ofher concern is what wili happen when the establishment closes, and whether there wouid be any loitering in the area potentialiy leading to property damage or altercations, etc.. Mr. Schaar reappeared for rebuttal, stating that no onewas conveniently forgotten, and stated that he said that he spoke with some in the neighborhood. Mr. Schaar's immediate concern was the neighboring businesses in the shopping center. At the question of Commissioner Wencl, Mr. Schaar expiained that there would be 11 pool tabies and 8 video games. Mr. Schaar submitted a draft of the interior layout of the hall. In response to Commissioner Kramer, Mr. Schaar explained that there would be "original container� vendor food sold on the premises. He further stated that the primary activity is pool. Chair Field requested consideration of Mr. Schaar to a lay over for two weeks allowing time to clarify the parking space issue. Mr. Schaar said he was willing to do so, and will then attend the District 1 Community meeting to address their issues. Commissioner Vaught moved to lay over the matter for two weeks, allowing time to clarify the figures presented in the report by Larry Zangs and/or Mr. Zangs be present at the next meeting, No one seconded the motion. Mr. Schaar once again addressed the committee, that his previous establishments were legitimately run, and that police records will reiterate the problems were minimai. The public hearing was ciosed. Ms. Faust, responding to questions of Commissioner Kramer, stated that the parking agreement is the one that has been preliminarily approved by Mr. Zangs in the LIE office. Upon question of Commissioner Kramer, Mr. Soderholm cited the code that stated building owners with such shared parking permits, shall submit an annual statement to LIE which verifies the non- concurrent peak hours of the buildings involved with the shared parking permit and a list of uses of each building to verify no changes in uses which would require additionai parking. Commissioner Vaught called for the order of the day. Chair Field stated this was a non-debatable motion according to Roberts Rules of Order, and the committee moved on to the next item on the agenda. qq.�al Adopted Yeas - 0 Nays - 0 Drafted by: � Recording Secretary Submitted by: (}��� ����' Martha Faust Southeast Team :.= -�A�' �. .' _ . � ZONING CO�IbIITTEE STAFF REPORT FILE n 93-261 1. APPLICANT: LOUIE'S BILLIARDS NC. DATE OF HEARING: 10/15/93 2. CLASSIPICA"TION: Speciaf Condition Use Permit 3. LOCATION: 1990 SUBURBAN AVE 4. PLANNING DISTRICT: 1 5. LEGAL bESCRIPTION: Subj to RLS; The Fol Tracr, Lo[s 1�, 16,17,18 & 19 Block 20 Scenic Hills No. 5 6. PRESENT ZONING: B-2 ZONIYG CODE REFERENCE: §60.534(3) &§6430�(d) 7. STAFF I�'ESTIGATION AND T2EPORT: DATE: 10/2/98 BY; btaRha Faust 8. DATERECEIVED: 09/IS/98 DEADLINEFORACTIO\: 11/l3/98 a � PURPOSE: Specia( Condition Use Permit to al(o�v for a billiard hall business at the Scenic Hilis Shopping Center. PARCEL SIZE: The parcel tvhere the Scenic Hills Shopping is located is 76,762 square feet. EXISTING LAND USE: The property is currently used as a mini-strip shopping mall, which is a conforming use of the property. C. SURROUNDING LAND USE: The property is located along the Suburban Avenue shopping strip. To the north across Suburban Avenue is [ocated a gas station and a Byerly's supermarket (zoned B-2). To the �vest is a bank and a fast-food restaurant (zoned B-3). To the east are professionat offices zoned B-2, and beyond there is a mixture of single family, rivo famify, and multiple family housing east of Ruth Street (zoned RT-1 and RM-3). Immediately south of the property are the Creek Point Apartments, with two 117-unit three-story buildings (zoned RM-1). D. ZONING CODE CITATION: Sections 60.534(3} of the zonin� code permits operation of bowling alleys, billiard halls, iadoor archery ranges, indoor tennis courts, racquet batl....or similar forms of indoor commercial recreation subject to the findings detailed in k2 and �3 of this report. E. HISTdRY/DISCUSSIOY: Tfiere are no prior zoning cases related to this propert}'. DISTRICT COiTNCIL RECOMMENDATTON: The District 1 Communiry, Council, met September 28�' and voted to support the SCUP request. � � qa_ial � Zonin� File k9S-261 Pa�z Three �• Tlte trse n�i!! rrnt be detrin�eizlallo tl�e e.risling eharacter ojt/re developnzen� i�r t/te i»imediale �:eiehborhnod or e�:daneer tlre prrbtic Jreattle, sajet�� airdgeeera( welfare. This condition is met. Thz Dist�ict 1 Council, afrer hzarin� a presentation b� the applicant, voted to support the SCUP requzsc. The Battle Creek cop shop operates a few doors down in the czntec There i; a police officer ��Iio staffs thz cop shop from 5:00 a.m. to 2:00 p.m. Monda}'-Frida}�. A second officer is schedulzd from 7:00 a.m. [0 5:00 p.m., and makes regular stop; at thz shop. A dozen additional policz officers are assi�ned to the arza, and srop in ro thz shop frequznd}• to make phone calls, etc. 24 hours a da�•, 7 days a«ezk. 7hz nzarbv pulice preszncz act; a; an additional sun zillance of thz o��erall area. d. T/re arse �riU �r�[ iuiperle !/�e normal a�rd orderly rlevelopnieirt aud iu+p�oven�ei7/ ojNre strr�auirdiire property ju� «ses pe�nril(ed ia [!te dislrict. This condition is met. The surroundin� nei�hborhood is ful(y deaeloped «ith � commercial uses to the north, ���est, and east, and re;idential uses to thz ea;t and south. e. T/�e rrse slrall, in a!! otlrer respecls, ca jorni to !he applicable ree« ltrtio�as oj tlte dis�ric( ia wliich it is /ocared. This condition is met. H. STAFF I2ECO�I:IIENDATION: Based on findin�s ], 2, and 3 staff recommends approval of the special condition use permit to allo«� operation of a billiard hall. � � CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM Date: October 22, 1998 To: Planning Commission From: Lawrence R. Zangs - Zoning Specialist � ���— RE: 1990 Suburban Avenue -- Explanation of Zoni g Administrator's decision conceming shared parking for proposed billiard hall (applicant Louie's Biiliard, Inc.). ZF# 98-261 The Zoning Administrafor has determined that the billiard hall can meet the parking requirement through a shared parking arrangement, pursuant to St. Paul Leg. Code Sect. 62.106(4) which foilows. "(4) When at leasf one (1) of two (2) or more uses has a parking defrciency and fheir peak parking hours do not ovedap the zonina administratormav oermit fhe dual function of theiroff streef oarkinq spaces as lona as oeak �arkrno hours for the uses do not overlap and the uses within the buildinas do not change and thereby require additional off street oarkinq. Building owners with such shared parking permifs shal! submit an annual statement to LIEP which verifies the nonconcurrent peak parking hours of the buildings involved with the shared parking permit and a list of uses within each building to verify � no changes in uses which would require addifional parking." Based on information provided by the applicant about the shopping center, the calculations of parking requirements for the billiard hall are as foflows: Billiard Hail Eleven(11) tables -- requires two(2) parking spaces for each table or ..............22 180 square feet of game room area -- requires 1 space for each 75 sq.ft. or.....2 Total Spaces required for Billiard NaN ................................................................24 spaces The determination by the zoning administrator that the off-street parking requirements could be met with a shared parking permit is based on the foilowing analysis of the peak hours of busihesses in the shopping center : Pool Hall Business Hours — 11:00 A.M. to Midnight Peak Business Hours --7:00 P.M. to 11:00 P.M. {According to applicant) Eleven(11) businesses are closed by 6:00 PM, according to information provided by the owners of the shopping center. The floor area of these businesses tofafs 8476 sq. ft. Based on off- street parking code requirements for a multi-use retail center, thirty(30) parking spaces would be freed up to accommodate anticipated peak demands of the billiard hall. Also, the 2500 sq.ff. of space to be used by the billiard hail would have required nine(9) spaces as multi-use retail. These nine(9) spaces can be counted toward meeting the biliiard hall's parking requirement, as � well. The total off-street parking avaiiabie af fhe anficipafed peak time of the billiard hall wouid be 39 spaces. On Saturdays and Sundays nine(9) of these eleven(11) businesses, mentioned above, are closed ali day. ' ' ' ' :':� v � > ��_,� ,4 , �' � �t9 - ► �-1 =�`s` : i..'r y J r2 , :.,fi.: . <....; . ^�.�,;�Y `r"-%: - - _ "'— = =ti'. - :,;�.:=_: _ � 1Ac E `> . -� - :';ai?` Ya.. . . ��i�.[: �C� . " - - . ' �' - T �"`�� � � .. . . . �� ""_.:,�����,� ,:N'�:.'_" :_` '- r?� ��:".s (��"� . ' ` ,''- � 1 LCI - - - -_ ~-� ��:4�t.i`w - � -- � . . . 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FT. �riours of Operation 11940 Suburban Ave � 8400!M-F 830a - 9p, Sa 9a -9p Su 9a - 1994B Suburban Ave.� �OOO;M,W,Th,F 10a-Sp '1994A Suburban Ave. 542�M-F 9a -6p 1994C Suburban Ave 9501M-F 9a-Sp 1992 Suburban Ave. 2500 1992A Suburban Ave. 588�M-F 10a - 6p, Sa 10a-1:30p 1991 Bums Ave. 968�M-F 830a -530p 1993 Burns Ave. 610 M-Sat 4�11p 1995 Burns Ave. 335�M-F 9a-Sp 1995 Bums Ave. 1185 M-F 10a-8p, Sa 9a-6p � 999 Bums Ave. � 920�M-F 6:30a-6p, Sa 630a-Sp 2007 Suburban Ave. 639�M-F 10a-6p 2006 Suburban Ave. 800�T-F 9a-8p Sa 9a-12p 2004 Suburban Ave � 1173; 2002 Suburban Ave 925�M-T-Th-F 9a-6p, W 9a-Sp, Sa 9a-1 2000 Suburban Ave. 1067�M-F 10a-8p, Sa 10a-5p . 1998 Suburban Ave. 3233�M-Th 7a-9p F 7a-7p Sa Sa-4p Si 1996 Suburban Ave. 832 M-F 9a-Sp ., 2010 Suburban Ave. 308� 2008 Suburban Ave. 308 M-F 9a-5p 2016 Suburban Ave. 1000�M-Th 6�9p 2012 Suburban Ave. 748�M-F 8a-Sp 2014 Suburban Ave. I 33s! 1q-1�.� -=;;=�:. . . �;�,,,�, - _w..: - :,..;:. _ 'r : ',"�' r �' �"�-= � x �' .� '� ` �% ' �zizz�+ � T,. uE -n � � -je � � � To: Flanning an3 �conomic Development-Zoning Committee Re: Louie's Bi2liards file number 98-261 � At the 10 -15-98 Public Hearing, parking appeared to be a major concern, especially for Creek Point Apartments. I tracked the parking vacancies for 9 consecutive days at various times and wish to report the following: A. A total of 104 parking spaces exist. B. 13 counts between 11:00 AM and 6:00 PM averaged 76 vacant. C. 6 counts between 6:00 PivT and 9:00 PM averaged 83 vacant. D. 4 counts between 9:OOPM and Midnight averaged 102 vacant. E. PQore than 80 of the 104 parkino spaces are closer to I,ouie's front door than than the nearest Creek Point space which is nearly 300 feet away. Actual dates, Oct. 20 Tue. Oct. 21 irded. Oct. 22 Thr. Oct. 23 Fri. Oct. 24 Sat. Oct. 25 Sun. oct. 26 Mon. Oct. 27 Tue. Oct. 28 Wed. times, and vacancies follow: 6:3o PM 78 6:45 PM 80 4:3o PM 63 5:55 P�t 66 9�3o P;� 9g io:45 PM 103 11:15 AM 73 1:00 PM 73 3:0o PM 89 12: 4�5 PM 96 3: oo Pivt iol 3:00 PM 71 $:�0 PM 83 6:$5 Pi�I 73 11:50 AM 72 3: PM 62 5:3o Pr+� 64 5:55 Pr�� 75 $��5 PM 9� 9:10 Pt�! 101 9= 55 PM 102 Respectfully submitted 8�55 PM 96 6:10 Pa� 78 O` � Lew Schaar Pres. Louie's Billiards � � qq-ta1 � SPECIAL CONDITION USE PERMIT APPLICATION Saint Paul Zoning OJfece II00 City Ha1! Annex 25 West Fourtl: Sireet Saint Paul, MN 55102 166-6589 APPLICANT I Name �6:�i`��$ ����f..�/� a i Address City���—St.�lLt�iP .i �" Daytime phonefa/Z-S�r.��-�A�� Name of owner lif Aiffo�o.,r� ��ii� �-.r _�.. �� PROPERTY Address/Location LOCATION Legal description: Current Zoning �'�, eet if necessarvl TYPE OF P R T: �pplication is hereby made under the provisions of Chapter Section� � , paragraph 3 of the Zoning Code for a: �".Special Condition Use Permit 0 Modification of River Corridor Standards ❑ River Corridor Conditional Use Permit SUPPORTING INFORMATfON: supply the information that is applicable to your type of permit (attach additional sheets if necessary) • SPECIAL CONDITION USE: Explain how the use will meet eacfi of the speciai conditions. • RIVER CORRIDOR CONDITIONAL USE: Describe how the use will meet the appiicable conditions. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. y�'o�'e�'r� �l r���l�r���' °� 7�--'��' � �o � f �� � 6,//����i� ���-�e�������.�-,��, y /IG �'����;u i7 IZS ' �f^o �L ���'7 i o�ez7^ftc / �f'�f'�,s di i Appiicant's signature(1 �� � � Date����p�ity agent q-\S- Z' /^l� /'�?�0(� l ... DISTICOMMCNCL-D1NElJS Fax : 651-292-782g District 1 Community Council Districtl. �onway Recreaaon Center • 2090 Conway St� • Room 126 • St Paut, MN 55119 October 29, 1998 Mr. Litton Field, Jr. Chair, zoning Committee Planning Commission Re: eroject Name: Dear Mr. Eield: Zoning r'ile # 98-261 Louie's Billiasds, Inc. Special Condition Use Permit (612) 292-782x (612) 292•7829 PpX disrlco@mtn.org The District 1 Community Council held a hearing an the above- named matter on OcT.ober 20th. This matter was reviewed, again, at the full board mee[ing of District 1 on october 26th. At this most recent meeting, severa2 persons addressed the Boar.d including representatives from Creek Pointe Apartment•s, Chief of Police William Finney, and Lew Schaar (the applicant). Subsequent to Board discussion, the f.ollowing motion was passed: The District 1 Community Counci2 rescinds its past approval of the SCUP to allow operation of a bi2liard hall at Scenic Hills Shopping Center; and further, The District 1 Community Council will not be taking a position on the approval or disapproval of the proposed SCUP, opponents to the p=o)ect, including Chief P�.nney, indicate8 that a billiard hall at the Scenic Hi11s location would be detrimental to the existing character of the development in the immediate neighborhood and had the potential to endanger the area's general welfare, The majority of tne District 1 Board appeared to agree with this assessment. ��: naLny Lantry, Councilmember Gladys Morton, Planning Commis�ion Chair Chief wi2liam Finney Oct 29 09�39 . . � DISTICOMMCNCL-DINEWS Fax : 651 o�t �2 os:3� aq .,�.� � DistrictlCommunity Council DistrictlNews Conway Recreauon Center • 2090 Conway St • Room 126 • Sc Paul, MN 55119 (612) 292-7828 (612) 292�7829 aax distl co@mtn.org October 12, 1998 Planning & EconomiC Development 1300 City Ha.11 Annex 25 w. 4th Street Saint Paul, MN 55102 Fax Number; 228-3261 To PED: � The following cases have been brought before the Dlstrict 1 Community Council board, and decisions have been made for each one, The board met on Monday, September 28 to consider these cases. Case # 98-215: Steel Structures, Inc. Warehouse Terminal Construction, Red Rock Road The board unanimously approved the proposed construction by Steel Structures, Inc. as currently outl.ined and presented by Frank Wergin. Ca9e N 98-261; Louie Hilliards, Inc. 1992 Suburban � Saint Paul, MN 55104-0000 The board unanimously approved that this new business application be supported. Should you have questions or concerns, please notify the ➢3strict 1 Office at 292-7828. u a k u. � i � b kah L. Cross Community Organizer District 1 Community Council i CITY OF SAINT PAUL � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT ZOIVING CONIMTTTEE MEETING October 29, 1998, 3:30 noon INDEX Letter to Zoning Committee from Zamansky Professional Association dated October 29, 1998 regazding conditional use pernut for Louie's Billiazd, Ina (ZF #48-261) 2. Minutes to the October 26,1998 Meeting of the Boazd of D'uectors of Distdct 1 Community Council 3. Letter to Litton Field, Jr., Charnian of the Zoning Comtnittee, from Sheldon Johnson, President of the District 1 Community Council dated October 29, 1998 . � Q9-� �� � Zamansky Professional Association 390� �ns To���cr � Sain[ Paul 6uilctin� SO Souch Ei;l;[h 5[rcec ° ` 6ltic� FiFih 5[rCC[ . 55-4p2 Sain[ PauL \:A �SIO� (6I?� 340-q. �� �>` 297-0�00 T�i �,�,,,,;�,_��.` October29,1998 ficpl�� [.• \linneapolis OfficC � � Zoning Comxnittee City of Saint Paul Department of Planning and Economic Development 25 West Fourth Street Saint Paul, MN 55102 Dear Ladies and Gentlemen: The undersigned serves as legal couc�sel to the management of Creek Point Apartment Homes located at 1950 Burns Avenue, which is located directly across Ruth Avenue from the Scenic Hills Shopping Center. On behalf of the management of Creek Point, I request that you not approve the conditional use permit for Louie's Billiard, Ina (ZF # 98-261) for two reasons: (A) the general standards stated in the Saint Paul Legislative Code section 64300(d) have not been established as being favorable to a grant of the proposed principal use subject to special conditions; and (B) the proposed primary use subject to special conditions violates Saint Paul Legislative Code section 60.534(3). A. The General Standazds Stated in the Saint Paul Le gislative Code Section 64 300 �d1 Have Not Been Established. Pursuant to the Saint Paul Legislative Code section 64300(d), before the Commission may grant approval of a principal use subject to a special condition, the Commission is required to find that: (I) the extent, location and intensity of the use will be in substantial compliance with the City of Saint Paul Comprehensive Plan and any applicable subazea plans which were approved by� the city council; (2) the use will provide adequate ingress and egress to minimize traffic congestion in the public streets; (3) the use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare; (4) the use will not impede the normal and orderly development and improvement of the surrounding uses permitted in the district; and (5) the use shall, in all other respects, conform to the applicable regulations of the district in which it is located. At the District 1 Community Council meeting on October 26, 1998, testimony was przsented which brings into question whether many of the above findings can be established. � ansky Professional Asso_.. .�ion Zoning Committee October 29, 1998 Page 2 The extent, location and intensity of the use wi11 be in substantial compliance with the City of Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council The azguments presented in Section B. below estabiish that the proposed conditional use and location is inconsistent with the City of Saint PauPs Comprehensive Plan. In addition, there is no testimony that establishes that the extent, location and intensity of the billiard hall will substantially comply with the City of Saint Paul Comprehensive Plan and any applicable subazea plans where approved by the city council. Since the proposed conditional use is inconsistent with the City of Saint Paul Comprehensive Plan as established in Section B., the Zoning Committee must find that the proposed conditional use and location is inconsistent with the City of Saint Paul Comprehensive Plan. 2. The use wil7 provide adequate ingress and egress to minimize traffic congestion in the pubZic streets. Facts were presented at the District 1 Community Council meeting on Monday, October 26, 1998, which suggest that the proposed principal use will likely create traffic congestion in the public streets. Steven Schachtman, President of Steven Scott Management, the management company of Creek Poini ApartmenY Homes, testified that there used to be a bar in this neighborhood with simiiaz peak hours of operation. Mr. Schachtman testified that while the bar was operating in the neighborhood, not only were there increased calls to the police, but there was also a si�nifcant amount of tr�c congestion in the public streets during all hours of the baz's operation. There has been no testimony ihat the proposed conditional use will still provide adequate ingress and egress to minimize tra�c congestion in the public streets. Since there has been no testimony that the ptoposed conditional use will provide adequate ingress and egress to muumize traffic conges[ion in the public streets, and since the only testimony estabiishes that the proposed use will increase the amount of tr�c congestion in the public streets, the Zonin� Committee must find that the use will not provide adequate ingress and egress will not minimize the amount of traffic congestions in the public streets. � � . �tq�� "< ansky Professionai Asso�.. �ion � Zoning Committee October 29, 1998 Page 3 3. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. A majority of the people who spoke at the District 1 Community Council Meeting on October 26, 1998 stated their belief that this primary use wiil be detrimental to the existing chazacter of the development in the immediate neighborhood, and the public health, safety and welfare. 5aint Pau1 Chief of Police William Finney stated that problems with loitering, unattended youth, and break-ins would not serve the community weil. Chief Finney is familiar with the neighborhood and testified that Scenic Hills Shopping Center is not the right area to have a billiard hail. Chief of Police Finney acknowledged that the neighborhood has had problems with neighborhood safety, and that the neighborhood is now resolving such problems and making ihe community safer. Wallace Rosalez, a resident of and Maintenance Supervisor for Creek Point Apartment Homes, stated his opposition to the conditional use permit. Mr. Rosalez stated that currently his � children and other children who live in the Creek Point Apartment Homes play outside in the evenings with minimal supervision due to the safe nature ofthe community, Mr. Rosalez stated that with the loitering, unattended youth, and higher incidences of crime associated �vith the proposed primary use, he would not feel as comfortable letting his children play outside without heightened levels of adult superoision. Steven Schachtman, President of Steven Scott Management, the management company of Creek Point Apartment Homes, stated his opposition to the proposed primary use because issues of pazking, loitering, unattended youth, and possible break-ins of cars will lead to a deteriorating condition in the community, Mr. Schachtman informed the council that the ownership of Creek Point Apartment Homes has made over One Million Dollazs ($1,000,000) of reno��ations to improve the community and has also sponsored the Police Storefront. Mr. Schachtman stated his desire to see a business open in Scenic Hills Shopping Center which would serve the community more effectively. District 1 Council members Kathi Donnelley-Cohen, Mary Morelli, and Bill Stevenson a11 expressed concems about the operation of a billiard hall in the Scenic Hills Shopping Center. The concerns addressed the location and nature of the business. The council members stated their opposition to the operation of a biiliard hall in the Scenic Hills Shopping Center. As a result of the above testimony and other testimon � Council meeting on Monday, October 26, 1998, the Zoning Comm�tt e st�find that he u e be detrimental to the existing chazacter of the development in the immediate neighborhood and endangers ihe public health, safety and general welfare. �. ansky Professional Asso_._ �ion Zoning Committee October 29, 1998 Page 4 4. The use will not impede the normal and orderly development and improvemertt ofthe sztrrounding uses permitted in the district. At the District 1 Community Council Meeting on October 26, 1998, Saint Paut Chief of Police WilIiam Finney stated that problems with loitering, unattended youth, and break-ins would not serve the community v, Chief Finney acknowledged that the neighborhood has had problems with neighborhood safety, and that the problems associated with a billiazd hall could hinder efforts in the neighborhood to make the community safer. Steven Schachtman, President of Steven Scott Management, the management company of Creek Point Apartment Homes, testified that the ownership of Creek Point Apartment Homes has made over One MiIIion Doliazs ($1,OOQ000) of renovations to improve the community and has also sponsored the Police Storefront. Mr. Schachtman further testified that the owners of Creek Point Apartments would not continue to put money in[o the neighborhood if a billiazd hall were opened at Scenic Hills Shopping Center. � As a result of the above testimony and other testimony given at the District 1 Community � Council meeting on Monday, October 26, 1998, the Zoning Committee must find that the use wil] impede ihe normat and orderly development and improvement of the surrounding uses permitted in the district. S. The use sha11, in a11 other respects, conform to the applicable regulations of the district in which it is located. There has been no testimony that establishes that the use will, in all other respects, conform to the applicable regulations of the district in which it is Iocated. In the absence of such testimony or findings, the Zoning Committee must find that the use, in all other respects, does �ot conform to the applicable regulations of the district in which it is located. In conclusion, before the Commission may grant approval of a principal sue subject to a special condition, the Commission is required to find that: (1) the extent, location and intensity of the use will be in substantial compliance with the City of Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council; (2) the use will provide adequate ingress and egress to minimize traffic congestion in the public streets; (3) the use will not be detrimental to the e�sting character of the development in the imrnediate neighborhood or endanger the public health, safery and general welfaze; (4} the use will not impede the normal and orderly development and improvement of the surrounding uses permitted in the dishict; and {5) the use shall, in all other respects, conform to the applicable regulations of the district in which it is located. As � stated above, there has either been an absence of testimony on point with respect to the required findings, or the available testimony and evidence shows that the above requirements have not been �q-��-� ��._�ansky Professional Asso,.��cion � � Zoning Committee October 29, 1998 Page 5 established. THEREFORE, WE REQUEST THAT THE CONDITIONAL USE PERMIT FOR LOUIE'S BILLIARD, INC. (ZF # 98-261) BE DENIED. B. A Conditional Use Permit Wiil Violate the Saint Paul Legislative Code Section 60 534(31. Saint Paul Legislative Code section 60.534 (3) states that a billiazd hall shall be a permitted additional use under a B-2 zoning classification when located at least one hundred (100) feet from any residential lot in an adjacent residential district. The areas in w•hich the billiazd hall pairons will potentially be loitering and causing a nuisance will be in the parking lot of the shopping center. The pazking lot of the shopping �enter is located a mere sixty-three (63) feet from the closest residential district property line. One of the purposes of the distance requirement of the Saint Paul Legislative Code section 60.534 (3) is to protect the general health, welfaze and safety of the residential neishbors of businesses operating in B-2 Local Business Districts, and to prevent the problems associated with loitering and unattended youth (such as violence and vandalism) from affecting residential districts. The unattended youth and other patrons of the billiard hall who will be loitering and creating a nuisance in the parking ueas which service the billiard hall will be within less than one hundred (100) feet of the property line of Creek Point Apartment Homes. Since the parking area in which the loitering, violence and vandalism would occur is sixty-three (63) feet from a residential development and since the purpose of this code section is to keep those types of activities more than 100 feet from residential developments, the conditional use must be denied. If the conditional use permit is granted to the billiard hall, the desire of the city legislators to protect the general weifaze and safety of residential neighborhoods form the problems associated with loitering and unattended youth will be subverted. THEREFORE, WE REQUEST THAT THE COMMITTEE DENY THE APPLICATION FOR A CONDITIONAL USE PERMIT BY LOUIE'S BILLIARD, INC. (ZF # 98-261). Very truly yours, ZAMANSKY PROFESSIONAL ASSOCIATION ��'� �(� { ' �,�( � ; � �' / :� �� Matthew B. Co e �f � cc: Ronald A. Zamansky d:�mbc5letters\601-800\654.wpd DistrictlCommt�nity Council Distrlct 1 News Conway Recreadon Cen�er •?A90 Conway S[. • Room 126 • S�. Paul, MN 55119 MINIITES TO THE OCTOBER 26, 1998 BOARD OF DIRECTOR$' MEETI2dG HELD AT CONWAY RECREATION CENTER 7:00 p.m. (612) 29�782:� (612) 29�7829 Fnx distl co@mrn.org A. Meeting was called to o=der by Sheldon Johnson, President District 1 Community Council at '7:00 p.m. B. Quorum was established. Lloyd Peterson motioned and it was seconded by Otto Folger that the Executive Committee examine board member absences and detetmine which board members have had unexcaeeQ absences. Hy-laws state that three or more unexcuaed absences are grounds for resignation of the board. Unanimously approved by the board. Attendees: Bill Stevenson, Scott ArCand, John Douvier, Shaldon Johnson, Kathi Donnelly-COhen, Anne Burgeson, Loren Jonker, JoAnn Clark, Mary More111, Michael Engstrom, Owen Nelson, Tienne Otteson, Lloyd Peterson, Otto Folger, Sara Beekie Unexcused Absence: Randall Reetz C. October Agenda was approved with the additional presentation by US Wireless, representative Ju2ie Townsend. Sheldon Johnaon motioned for this change and it was seconded by Anne Burgeson. Unanimously passed by the board. D. Ouen Nelson motioned and it was seconded by Otto Folger to approve the September board minutes as aritten. Dnanimously approved Dy the board. E. Scott Arcand reviewed the Treasurer's Report, Stated that the financials for Dietrict 1 are in good order. Motion that the Treasurer'a Report be approved subject to a¢dit. Seconded by Lloyd Peterson. Unanimously approved by the boa=d. F, Presentation - Crime Prevention: Parris Getty. Unable to attend. ' G. Presentation - US West Wireless, Su11e Townsend Ju11e Townsend of US West Wirelss stated that US West wanted to erect a PCS wirelees communicatione antenna ` J f � u Rq - t �1 � support system at 215 McKnight Road. The antenna would set atop the apartment buildings located on McKnight Road and would consist nf three (3) sectors of two antennas each. The antennas, support frame and any additional equipment would not extend moie than Pifteen i15} feet abov� the roof line. An unmanned prefabricated equiment rack would be located on the roof of the apartment building. This support system wpuld a11ow for uni«terrupted w_reless services to customers with police, firefighter.s and motorists having greater flexibility of witeless phone choices, which will allow for more security when plaeing emergency calls. Board membess were concerned abouC notification of residents on this matter. Townsend stated that rlartna e'aust of Y�;U had notified the residents ot Lh15 possibie construciion, rurtner, Townsend sLatea nU residenL� f�acI t'aibe�i atiy ubjecLi.unS in c�eyaz'da L'G t1i19 111'e2tC2T. It was discussed by Otto Folger the possibility that the matter be referred to the Hearing Cor,unitL fiowever, it was determined that there would be no time for a � Hearinq Committee to adjourn as the City would be reviewing the matter on October 29th, 1995. L1oyd eeterson motioned and it was seconded by Owen Nelson that the construction of the antenna and its supporting systems be supported by the District 1 Community Council. - Otto Folger stated that it was important to note that the matter should be referrred to a Aeazing Committee as a matter of recora. Kathi-Donnelly c:ohen abstained from voting. The board unanimousiy approveri tne motion. H. District 1 News - Julie Lehr, Bi11 Stevenson, Otto Folger Julie Lehr presented to the board the Communication Meetings findings in regards to the District 1 News. Stated that it was extremely important that the board understand that the financial implications of the newspaper hinge on understanding the $ 5,616.00 that would be lost should the board opt to have no paper, This money represents fixed costs such as rent, insu=ance, telephone use, and cannot be supplanted by other sources. It Ss therefore important that this money be covered by newspaper revenue. Stated that the committee had investigated and reviewed . printinq costs and postage costs, and determined the ove=a11 monetary figure £or these items. Together, these items includiag the 5 5,616.00 come to jast oyer S 24,OQ0.00. While this does not leave much money for salaries, discussion with District 1 Staff indicated that staff is zeady and willinq to take on the additional responsibility for the newspaper. A1Z agreed that the newspaper was an essential tool for communications for District 1. It was further emphasized that it would be extremely important Chat the District 1 Comiminity Council hire a seasoned professional to se11 atis. This need is based on the belief that ef£ective ad revenue to maintain the newspaper is S 40,000.00, and thaC, in fact, the individual who sells ads must understand the nature o£ the newspaper business. Also stated that a new printer aill need to be purchased to handle tabloid paper. I Owen Nelson motioned and it was seconded by Lloyd Petarson that the District 1 Community Council proceed to assume publication o£ the District I News and that the search for an ad sales repxesentative begin. Uaani.mously approved by the board. Community Organizer's Report - Rebekah L. Cross Stated that most of the work in the last month has been devoced t� working on a newspaper agreement. Stated however that there is good news! District 1 Community Council has received the S 100,000 STAR grant £or the revitalization of the Suburban/I-94 area. �. Crime Prevention Coordinator - Pam Langton: NONE K. I, . Living at xome/alock Nurse Program - Anne Burgeson Stated L•hat the LAH/BNP is doing extremely well. Currently, have 92 clients and 25 volunteers, znd looking Pos more volunteers. 5tated that because the financial picture of the program is running so well, it will be necessary to extend the Robert Wood Johnson for approxinately three months. This is necessary because the program needs to apend its city and county monies. No board action was necessary Por this extension. Committee Reports Sheldon Johnson - President's Report Stated thar the Highwood Nature Preserve'e grand openiny occurred on Saturday, October 24. 2here was music, food and games for children. Some 20� r ' l.J � � ������ , people turned out fot [he event. Stated that the President�s Foru*.n will be held on Thursday, October 29 at 7:OG p.m. at Merriam Park District Council. Requested that a representative £rom District 1 should attend i£ at all possible. Johnson stated he would not be able to attend. Zf anyone is interested, please call him or the office_ Owen Nelson - Finance Nelson stated the Finance Committee met on october 20. Pinancial picture for District 1 looks quite good. Stated that the cotc¢nittee has begun the 1999 budget review with S 107,000.00 budgeted. This includes monies for running the newspaper. More on the 1999 budget in November. Bi11 Stevenson - Communication Meeting. Stated that all infonnation had been covered in presentatic,n. Anne Burgeson - Hearing Committee Stated that the Hearing Committee had met once to discuss Zouie Bil.liard's, Inc. to be located at Scenic Hills. This matter had been heard before the council at the Seotember � 28th, 1998 board meeting. At that rime the board voted in favox of supporting the application of Lew Scharr. At the Zoning Committee it was determined that the District 1 Community Council should have Hearing on the issue. The District 1 Community Council compiled. At the hearing only six individuals attended. Steven Schachtman of Steven Scott Management atterded and spoke in opposition to the business application as did Chris Mowry, property manager of Cr2ek Point Apartments. Issues raised Concerned parking, loitering, possible break-ins to cara. The Hearing Co�nittee made no formal recommendation to the board at the Octobez mesting, it merely gave an accounting of the hearing activities. At the october board the following occurred: Matthew Cohen, Attorney, for the owners of Creek Point Apartments, stated that his clients were in opoosition to the business application. Fie stated that the owners have made significant improvements in the amount of cver S1M to hhe apartments. Aaised the issue of parking and loitering, and also stated that police ca11s have dropped signficantly with all the improvements. Stated tliat having a billiard hali in Scenic Hi11s is simply nor. an option - it is the wzong aYea fos such a business and would once again Cause problems that would be seen • in increasing police calls to the community. Chris Mowry, property Managex fos Creek Point Apartments, stated that he is in opposition to the business proposal, j and maintained that it would only lead to problems for residents of the apartment. Mowry and Cohen both strongly urged the DistricC 1 Cammunity Council to rescind its former motion. Wally Rosolz, Maintenace Supervisor for Creek Point Apartments, stated that he is in opposition to the business proposai. Stated that the billiard hall would be located in rhe wrong area att@ woulri only cause problems. As a parent, he stated, he would be concerned for the safety of his �hildren. He, too, urged the board to rever.se its suppo=t to Louie's Billiards, Inc. Steven Schachtman, President, Steven Scott Management, Creek Point Apartments, stated that he is in opposition to the business proposal. Stated that issues of parking, loitering, unattended youth, possible break-ins of cars, wi11 lead to a deteriorating condition of the apartment. Stated that while he has no opposition to anyone runniny a legitimate business, the fact remains Por him, that the billiards hall should not be located at Scenic Hi11s, Stated as well that he has been instructed by the owners of Creek Point thaC the S 500.00 contribution for the storefront wi11 be withdrawn. A1so maintained that the storefront is needed and we11-regarded in the communi.ty • and serves a very usef.ul purpose. Howo_ver, the hours oE storefront operation do not coincide with those for the billiards hall. This in and of itself will Iead to problems. Stated that he would rather see a business that would serve the community more e£fectively be - established at Scenic Hills. Police Commissioner William Finney, Saint Pau1 Police Department, spoke in opposition to the billiard hall. stated that problems with loitering, unattended yonth, break-ins would not serve the community weli. Stated that he had no problem with the billiard hall pe= se but that Scenic Hills is not the right zrea to have such a business. He gave a brief history of the area inciuding the problems associated with the area as well as a brief history of his zelationship to Creek Point Apartments (it has gone through several name changesY. He, too, urged the council to reconsider and stated that this was not an issue of police storefront £unding, but rather of having a business ihappropriately located in area that has historically had problema, and that is now resolving these problems, znd making the community safer. Lew Scharr, owner o£ Louie's Billiard, Inc., stated that while he understands the objections raised by � those presant', he believes that the issues of parking have been adequately dealt with by the city. He. q,q -1�-1 � maintained that the other issues raised would be dealt with by his management. At this point the public hearing from the floor was closed. Sheldon Johnson asks the board for Co�nents and/or questions. Bill Stevenson stated that at the September board meeti.ng he should hzve spoken out in opposition to the business proposal. He stated that he was shocked at the presentation that was made by Officer Johnson, and that he would support such a business in that particular ar.ea. Stated that he would now vote in opposition to the business proposal. Kathi Donnelly-COhen stated that she, too, did not follow her conscious on this pasticuler issue. stated that she had doubts even wher. Lew spoke at the September boatd meetinq, but did not speak up. Has since qiven this matter a great deal of thought and says she, too, would vote 5,n opposition to the business_ � Mary Morelli stated that she also had doubts, and questioned the location of this business. She, too, expressed dismay that she did not speak up at Lhe Septemb�r board meeting. Tienne Otteson stated that this was a good lesson - for the board about speaking up when issues are brought before the board. The unfortunate thing about all this is that now Lew Scharr has invested a significant amount of time in this enterDrise and the owner of Scenic Hi11s was hoping to fi11 an empty space. Rebekah L. Cross stated that she spoke privately with O£ficer Mike 3ohnson concerning his advocacy of this business and stated she made it clear to him that as an ofPicer with the Saint Paul Police Department ir was incumbent upon him to not advocate in either direction. Otto Folger motioned that the board rescind its previous mor.ion of September 28th to support this business proposal in light of new information, and oEfer no recommendation to the city in regards to Louie's Billiards, Inc. Bill Stevenson seconded the � motion. Anne Burgeson dissented. The "aye's" overrnled the "nays." Motion passad to rescind previous motion to support Louie�s Billiards, Inc. in light of new information, and make no recommendarion,to the city. i I.. Loren Jonker stated the planning fo: Battle Creek Renovation was moving ahead we11. M. New Business - Owen Nelson stated that he is on the Ramsey-Washington Watershed Council. wanteri to know what could be done to limit phosphate use in water. Kathy Lantry stated she would check into the matter, and call the District I office. Meeting adjourned at 8:20 p.m. � �J a9 -� a..� � � � DistrictlCommunity Council District 1 News Conway Recreation Center • 2090 Conway St. • Room 126 • SG Paul, MN SS1I9 October 29, I998 Mr. Litton Field, Jr. Chair, Zoning Conunittee Planning Commission Re: Project Name: Dear Mr. Field: Zoninq File # 98-261 F.ouie's Billiards, Znc. Special Condition Use Permit (612) 292-7 (612)29?-7829 distl co@mtn.org The District 1 Community Council held a nearing on the above- named matter on Octobez 20th. This matter was reviewed, again, at the Pull board meeting of District 1 on october 26th. At this most recent meeting, several persons addressed the Board SncLuding representatives from Creek Pointe Apartments, Ghief of Police William Finney, and Lew Schaar (the applicant). Subsequent to discussioa, the following motion was passed: The District 1 Community Council. rescinds its past approval of the SGUP to a11ow operation of a billiard ha11 at Scenic Hills Shopping Center; and further, The District 1 Community Council will not be taking a position on the approval or disapproval of the proposed SCUP. Opponents to the project, including Chief Finney, indicated that a billiard hall at the Scenic Hills location would be detrimental to the existing character of the develogment in the immedl.ate neighborhood and had the potential to endanger the area's general welfare. The majority of the District 1 Board appeared to agree with this assessment. Chair • • ec: Kathy Lantry, Councilmember Gladys Morton, Planninq Commission Chief Williar� Finney aq- � �..� � � � � T0' 3�Jtid II:7T 86. 6Z 1J0 • • - — .– :�• � � , � _ � . .. _ � Zg, �SS� � = L-r`./�i� �.e.�,� �- . �.ai�,✓r�.�,,,, � �.ow-►� � � �'��.�e. 3r Gl.� ��-1, � ��.,,�.� !� sl.. � � � ��- � �- � �,�.� � 6 �J .I'S`-e. �,�•� � SU !J � ��( �,� S�i ��T �- �,.. �-k,�, �.�tir��,'� c� � . � �� � � ,��� �� ����� ,�� � �� �S . . u n�.S 4 c.�i�� v ��- C�-..P ���e�' �-�..� � �w�.�-�2. �Q-�- .�. ��-�.- -� � �eL,.�.�, �-t�.��'- �` �"„ ,��„�,�.�-,�;- � . � �,G"`" � �"''"•�' �"y � ,�., �`r r o S �,,�•.,(-z. ►J.� , f�, ,. 0� /il ,L. nr �� n T0'd Wd ZS=TO 86-6Z-1J0 �0 Recognition of retiring City employee Carolyn Weber, Public Health. ORIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL,IVIINNESOTA �_ Council File # Green Sheet # Committee: Date r` � ����o �' 2 WI�REAS, Louie's Billiazds, Inc., in zoning file 98-261 and pursuant to the provisions 3 of the Saint Paul Zoning Code, applied to the Saint Paul Plamiiug Commission [Commission] for 4 a Special Condition Use Permit for property commonly known as 1942 Suburban Avenue and 5 legally described as Subj. to RLS; The Fol Tract; Lots 15, 16, 17, 18 & 19, Block 20 Scenic Hills 6 No. 5; and 8 WI�EREAS, the Commission's Zoning Committee conducted public hearings on the 9 applicafion October 15�' and October 26�', 1998, after having provided notice to affected property 10 owners and thereafter submitted its recommendation to the Commission. The Commission, by 11 its resolution number 98-74 dated November 20, 1998, decided to deny the Special Condition 12 Use Permit Application based upon the following findings and conclusions; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 � � c. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is not met. Two representatives of the Creek Point Apartments spoke in opposition to the proposed billiazd hall. The Creek Point Apartments aze the neazest residential use to the proposed billiazd hall. The representatives stated their belief that this use will be detrimental to the existing character of the development in the immediate neighborhood. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the dish-ict. This condition is not met. After examining the parking requirements for this use, and the proposed shazed parking agreement, the Zoning Committee concluded that the use will not have adequate pazking due to peak parking overlap with other uses in the shopping center. The proposed shared parking plan will not be adequate to serve the use. Potential problems created by this inadequate parking would affect existing businesses and pazking availability for future businesses. The use shall, in all other respects, conform to the applicable regulations of the district in which it is Zocated. This condition is not met. As noted above, it is concluded that the use will not have adequate pazking, and the shazed parking pian will not be adequate to serve 1 the use. There is an existing pazking deficiency and peak pazking hours overlap. 2 There is no mechanism to prevent peak hours from overlapping, and e�sting �9' � a� 3 businesses were not a party to and gave no support for any shared parking 4 agreement. Therefore, the Zoning Committee concludes that since peak hours for 5 e�sting businesses overlap, and this overlap could increase in the future, a shazed 6 pazking agreement is not a feasible option for this use. 8 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Louie's 9 Billiazds, Inc., on December 4, 1998, duly filed an appeal from the deternunation made by the 10 said Commission and requested a hearing before the Saint Paui City Council for the purpose of 11 considering the actions taken by the Commission; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, acting pursuant to Legislative Code §§ 64.206 - 64.208 and upon notice to affected parties, a public hearing was duly conducted by the Council of the City Saint Paul on January 6, 1999 where a11 interested parties were given an opportunity to be heard; and WHEREAS, having heazd the statements made and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Plamiiug Commission, the City Council does hereby; RESOLVE, that the Council of the City of Saint Paul herehy �rms the decision of the Planning Commission in this matter. The applicant has failed to show any error in fact, finding or procedure of the Coxnmission. Accordingly, the Council adopts as its own the findings and determinations of the Commission contained in Commission resolution 98-74; and BE IT FURTHER RESOLVED, that the appeal of Louie's Billiards, Inc. is in all things denied;and BE IT FINALLY RESOLVED, that the City Clerk sha11 mail a copy of this resolution to Louie's Billiazds, Inc., the Zoning Administrator and the Planning Commission. Adopted by Council: Date � �b. � � Adoption Certified by Council Secretary $Y � � � �- . � n-- Approved by r: Date J 1( IZ g Requested by Depastment of: syc Form ApprS�ved by Cit Attorney gy; ✓ � 2.�= �� Approved by Mayor for Submission to Council &y: Council Offices Kathy Lantry, 266-8670 2/2/99 � WIIY6t fnR ROYTYIG OROER � TOTAL S OF SIGNATURE PAGES GREEN SHEET wrrn�n owoc,a. �19-1�� No 6351t� � usv�nauav � a�raac _, ❑ A141GL�EMCFtOR ❑ RYMOIIL�ERWIICRG ❑ MYOR�ORAfSlMli) ❑ {CLIP ALL LOCATIONS FOR SIGNANRE) Finalizing Gity Council action taken Sanuary 6, 1999, denying the appeal of Louie's Billiards, Inc..to a decision of the Planning Commission for property at 1992 Suburban Ave. PLANNING CAMMISSION CIB COMMI7TEE CML SERVICE CAMMISSION Hu tluc P�� e.�er rvrked uMer a eonGact M ihie depaAment? YES No Hes mic osnanl�rm ever heen e ei4i empbyee4 YES NO Dnec tlue 0� D�eess a sidll not ndmal�YP� bY enY curteM city emDloyce? YES NO ktlRS pe�conlRrm almye4etiveMaY� YES Pq ' . ,. .. _ "�`�� _ :� � �; k'q= . ...._ "� _ �a-�� OFtwWSAC710N f eoarm�ue auoeereo lcuca.e oqq YEE NO 80URCE ACTNRY Nt11�ER CITY OF SAINT PAUL Norrrs Coleraan, Mayor January 28, 1999 Nancy Anderson Council Secretary 310 City Hall 15 VJest Kellogg Blvd. St. Paul, MN 55102 Re: Appeal of Louie's Billiards, Inc. BZA File: 98-261 Public Heazing Date: January 6, 1999 Dear Ms. Anderson: OFFICE OF'I'I-� CITY ATTORNEY Clayton M Robinson, Jr., CiryAttorney Q� �`'�1 � Civrl Division 40QCityHal! Te[ephone:65i266-87IQ ISWestKelloggBlvd. Facsimile�6�729856/9 Saint Paul, Minnesota.5J102 HAND DELIVERED Attached please find a signed copy of a resolution memorializing the decision of the Saint Paul City Council in the above-entitled matter. Please place this matter on the Council's Consent Agenda at your convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, � ���� Peter W. Warner Assistant City Attomey PWW/rmb Enclosure UtYAK1MbN1'UMYLANNING & ECONOMIC DEVELOPIvfENT a9-la.j CTTY OF SAINT PAUL Norm Coleman, Mayor w� December 16, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: Telephone: 672-266-6565 Facsimile: 612d28-33I4 �v:; ..,.,< , : , : _... .. _ ..,, �;� � � ��� a � ,_�_, I would like to confirm that a public hearing before the City Counci] is scheduled for Wednesday January 6, 1999, for the following appeal of a Planning Commission decision denying a special condition use permit to allow a billiard hall: Appellant: LOUIE'S BILLIARDS, INC. File Number: Appeal of file #98-261 Purpose: Appeal a Planning Commission decision to deny a special condition use permit to allow a billiard hall. Address: 1992 Suburban Avenue Legal Description of Properiy: See file Previous Action: Zoning Committee Recommendation: Denial; vote: 5-0; October 26, 1998 Planning Commission Decision: Denial; vote: 15-0; November 2Q 1998 My understanding is that this public heazing request will appeaz on the agenda For the December 23, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please cali me at 266-6572 if you have any questions. Sincerely, i ) l 1��2/� �- C�Z�,.,"° ' Martha Faust City Planner cc: File #98-261 Lew Schaar Paul Dubruiel Geri Boyd Wendy Lane, LIEP 25 West Foro[h Street Saint Paul, MN 55102 • tmsrxun • NOTICE OF PUBiZC HEARIIHG . The Sainf Paul CiLy Councif will �conduct a public hearing "on Wednesday. January 6, i999, at 5:36 p�.m. in the City Council Chambers, Third Floor City Hall-Court House, to consider the appeal of Louie's Billiazds. Inc. to a decision of the Ptanning Commission denying a special condition use pe[miY to allow a billiazd hall at 1992 Suburban Avenue. � . Dated: December 17, 1998 - - NANCY ANDERSON . _ _ _ � " - - - - - . Ii551St8[it Clty COUIICI� $CCLCf.1Cy . IDCCCRIIIfT LJ. SJJH). _ ' " DEPARTMENT OF PLANNMG & ECONOMIC DEVELOPMENT Pamela Wheelock. Dvectw � CTTY OF SAIN'f PAUL Norm Coleman, Mayor December 23, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City HaII Saint Paul, Minnesota 55102 2J West Fourlh Street Sain[ P¢ul, 1v1.Y5i102 RE: Zoning File #98-314: LOUIE'S BILLIARDS, INC. City Council Hearing: January 6, 1999, 5:30 p.m. City Council Chambers aq-�a� Telephone: 6l2-266-6�65 Facsimt[e: 612-?28-3314 PURPOSE: Appeal a planning commission to deny a special condition use permit to allow a billiard hall at 1992 Suburban Avenue (Scenic Hills Shopping Center). PLANNING COMMISSION ACTION: Denial; 15-0 ZONING COMMITTEE ACTION: Denial; 5-0 � STAFF RECOMMENDATION: Approval SUPPORT: One spoke in support of the special condition use permit. The District 1 Planning Council initially voted to approve the special condition use permit, then held a second meeting rescinded its approval and voted to take no position on the special condition use permit. OPPOSITION: Two persons spoke. Two letters received in opposition to the special condition use permit. Dear Ms. Anderson: LOUIE'S BILLIARDS, INC. has appealed the decision ofthe Saint Paul Planning Commission to deny a special condition use permit to allow a billiard hall at 1992 Suburban Avenue. The zoning committee held public hearings on the request on October 15 and October 29, 1998. The applicant addressed the committee. At the close of the second public hearing the committee voted 5-0 to deny the request. The Planning Commission upheld the committee's recommendation for denial on a vote of 15-0 on November 20, 1998. This appeal is scheduted to be heard by the City Council on January 6, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, iZc ��� � Martha Faust City Planner � . Attachments cc: City Council members �q-I�l �J � city of saint paul planning commission reso6ution file number. 98-74 �` te, November 20, 1998 WHEREAS, LOUIE'S BILLIARDS INC., file #98-261, has applied for a Special Condition Use Permit under the provisions of Section 64.300 of the Saint Paul Legislative Code, for the purpose of allov.�ng abilliard hall business on property located at 1992 SUBURBAN AVE, legally described as Subj to RLS; The Fol Tract; Lots 15, 16,17,18 & 19 Block 20 Scenic Hills No. 5; and WHEREAS, the Zoning Committee ofthe Planning Commission held a public hearing on two dates, the first on October 15, 1998 at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code, and where oral testimony was received in opposition to this application. At that time the Zoning Committee moved to lay over the public hearing for two weeks to alfow the District 1 Community Council to hold an additional public meeting on October 26, 1998. On October 29, 1998, the Zoning Committee reopened the public heazing, accepting only written testimony pursuant to said application; and WHEREAS, Saint Paul Pianning Commission, based on the evidence presented to its Zoning Committee at the public heazing as substantially reflected in the minutes, made the following findinss of fact: Section 64300(d) of the zonin� code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: u rAl moved by seconded by . in favor Unanimous The use will not be det�imental to the existing character oftlte development in the immediate neighborJ:ood or endanger the public healtl:, safety and general welfare. This condition is not met Two representatives of the Creek Point Apartments spokeinoppositiontotheproposedbilliardhall. TheCreekPointApartmentsare the nearest residential use to the proposed billiard hall. The representatives stated their belief that this use will be detrimental to the existing character of the development in the immediate neighborhood. Field against b. The use wil! not impede the norma[ and orderly development and improvement � of the surrounding property for uses permitted in the district. This condition is not met. After examining the parking requirements for this use, and the proposed shared pazkin� agreement, the Zoning Committee concluded that the use will not have adequate parking due to peak parking overlap with other uses in the shopping center. The proposed shared parking plan will not be adequate to serve the use. Potentia2 probtems created by this inadequate parking would affect existing businesses and parking availability for future businesses. c The use sha!!, in al! other respects, conform to the app[icable regulations ofthe district in which it is located This condition is not met. As noted above, it is concluded that the use will not have adequate parking, and the shared pazking plan will not be adequate to serve the use. There is an existing parking deficiency and peak parking hours over]ap. There is no mechanism to prevent peak hours from overlapping, and existing businesses were not a party to and gave no suppoR for any shared parking agreement. Therefore, the Zoning Committee conc(udes that since peak hours for existina businesses overlap, and this overlap could increase in the future, a shared parking agreement is not a feasible option for this use. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the authority of the City's Legislative Code, the application for a Special Condition Permit to allow for . a billiard hall business at 1992 SUBURBAN AVE is hereby denied. �� LJ 99-►11 � APPL{CAT10N FOR APPEAL Department of Planning and Econamic Development Zaning Section II00 City Ha11 Annex 25 West Fourth Street Saint Paul, MN 55102 2b6-6589 APPELLANT PROPERTY LOCATION S NBme Louie's Billiards, Inc. Address P• Box 4708 City st. Pau1 St.M� Zip 55104 Daytime phone 53s-6078 Zoning File Name Scenic Ai11s Shopping Center AddfeSS/LOCati011 �990-1492 Suburban Avenue, St. Paul, M�i TYPE OF APPEAL: Application is hereby made for an appeal to the: (date of d GROUNDS FOR APPEAI: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. All of the ordinance's objectives, criteria and standards for Che issuance of a special condition use permit for a billiard hall business were met and satisfied. The Zoning Committee's Staff Report �see attached) dated October 2, 1998 concluded that all of the objectives, criteria and standards were met, and recommended approval of the requested permit. The decision by the Planning Commission was H based solely upon neighUorhood opposition which, in turn, was based upon ground- less and unsubstantiated fears concerning a billiard hall. No evidence warranting a denial of the requested permit was presented to the Planning Co�ission or referenced in their findings. The decision by the Planning Commission was arbitrary and must be reversed. See attached. 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DIST --�-- hiAP � ¢ �o tamily a.� S � '~ f� multiple lar,:'i .._.__ �Q O O � 6 ��I� V� r� ,or�;;� . ♦ � cor��z����= � e,,,� i�G�»s:�a! V vz�: , � i-: ,_ .�i�.: _ ,-. r . � : , � ,. . . �9 �. . _ . —' - _ � J . , E:� c,:�T y Saint Paul Planning Commission City Hall Conference Center 25 Kellogg Boulevard West A meeting ofthe Planning Commission of the City of Saint Pau[ was held Friday, November 20, 1998, at 8:30 a.m. in the Conference Ce�ter of City Hall. Commissioners Mmes. Duarte, Faricy, Geisser, Morton, Nordin, Treichel, and Wencl and Messrs. Present: Field, Gervais, Gordon, Kramer, Mazdell, Margulies, McDonell, Nowlin and Vaught. Commissioners Mmes. *Engh and Messrs. *Kong, *Johnson and Sharpe Absent: *Excused Also Present: Ken Ford, Planning Administrator, Jean Birkholz, Martha Faust and Larry Soderholm, Department of Planning and Economic Development. I. Approval of Minutes of November 6,1998 Chair Morton announced that the minutes of November 6, 1998 will not be approved today pendin� chan�es. II. Chair's Announcements Chair Morton announced that the Steerin� Committee met before the full Planning Commission meeting today. The Steering Committee recommends to the Planning Commission that there be a different approach to Yhe Capital Allocation Policy. Allen Lovejoy wil] interview different groups (City Councif, Mayor, CIB Committee, etc.), and some of the Ciry departments between no�v and the end of the year to get their feedback on three to six crucial issues affectin� the city to be highli�hted in the Capital Allocation Policy. The Steering Committee also had a discussion regardina the Nei�hborhoods and Current Planning Committee's meeting schedule for the rest of the year. The committee has suggested that we wait until after the beginnins of the new year to determine the work schedule for staff and go from there. Committee meetings will be scheduled as needed. The Steering Committee will be meeting �vith the district council presidents and or�anizers at 7 p.m. on Wednesday, December 9, 1998, to air concems of district councils and the Planning Commission. l_..J � There �vill be a pa�vn shop zonina study schedule discussed at a later time. A public heazing date wilt be determined at the next Plannin� Commission meetin�; the public hearine will be � held at a full Planning Commission meeting rather than at a Zoning Committee meetine. ��. � III. Planning Administrator's Announcements Mr. Ford announced that Mr. Mangine will not be present today because ihe joint City/County Committee has not yet finished there decision-making process on the location of the new adult detention center. City Council this week had a public hearing and took action on the appeal of the Planning Commission's decisions on the parking ramp proposed by JLT Properties for the site at Shepard and Davern. The appeal was denied on a vote of 5- 2 with much discussion. The City Councilmembers who voted against didn't feel there was a hardship. The City Council did, however, require that an additional condition be put into the resolution that the approval is not final until there has been a fuRher review by staff of the actual site plan details, materials for the ramp, etc. to ensure a good appearance. IV. Zoning Committee #98-261 Louie's Billiards Inc - Special wndition use permit to allow a billiard hall business at 1990 Suburban Avenue (MaRha Faust, 266-6572). MOTION: Commissioner Fiefd n:oved denial oftl:e requested special condition use permit to allow a billiard hall business at 1990 Suburban Avenue. � Commissioner Vaught noted that he was the dissenting vote at the Zoning Committee meeting because he did not agree with the resolution at that point. He wanted to note for the record that in approving this denial today he will not be voting for it because of findin� I.a., which he still does not a�ree with, and doesn't think there was sufficient evidence to support. He considers finding I.b and I.c to be, in and of themselves, sufficient to deny the application and that is the basis of his vote. Commissioner Field informed commissioners that he was absent from the Zoning Committee but he would echo Commissioner Vausht's concems with respect to l.a. He will vote to approve the denial with some reservation for that paRicular part of the resolution. The motion on tlre floor carried unaninzously on a voice vote. #98-283 Ali Nadimi - Speciaf condition use permit to allow outdoor sales of new aad used automobiles and modification of the minimum lot area requireme¢t (1�,000 sq ft required; 8,114 sq ft proposed) at 1730 University Avenue (Donna Drummond, 266-6556). MOTION: Commissioner Field moved to deny the requested specia! condition use permit to allow outdoor sales of new and used automobiles and modification of the minimum lot area requirement at 1730 liniversitr Avenue w/:ich carried unanimously on a voice vote. Commissioner Field informed commissioners that there �cas also a discussion of pa�vn shop zoning at the last Zoning Committee meeting No action was 2aken b} the committee. � Commissioner Field announced the ne�t meeting of the Zoning Committee «il I be held at 3:30 p.m., Mondav, November 23, 1998, in the City Council chambers. There are two items of new business and there will be a discussion of recommendations of the Advertising Sign Legislative Advisory Committee. v New Business Chair MoROn announced that she has asked Commissioner Wencl to chair the Nominating Committee and has asked Commissioners Field and Margulies to serve with Commissioner Wencl on the committee. Sug�estions should be brou�ht to the Nominating Committee's attention. Commissioner Geisser announced that the holiday/farewell-to-outgoing-commissioners party will commence at noon on Friday, December 18, 1998; the re�ular Planning Commission meeting will begin at 10 a.m. that moming in Room 40, as usual. Holiday festivities will be held in the Ramsey County Room (#317) of Landmark Center; Deco Catering witl set the table; notices will be sent. She encouraged members to get in their checks. VI. Comprehensive Planning CommiYYee Commissioner Geisser reminded commissioners of the joint City Council/Planning Commission public hearing on the Housing Plan to be held from 6:30 - 8:30 p.m., on Monday, December 7, 1998, at the Saint Paul Technical College. Parking passes wilf be available (Nancy Homans). VTI. Neighborhood Planning Committee Commissioner Faricy reported that they reviewed the Shepard Davern Gateway Plan at their last meeting. From no�v until the end of the year, the committee �vill meet as the need arises. They wilf be revie�vin� the a�endas for each committee for next year. Plans should be ready in January. VIII. Communications Committee Commissioner Kramer reminded staff to select a person to �vork on the 1998 annual report so that it w ill be completed before the middle of nexi year. IX. Otd Business Chair Morton asked about communication amontr quadrant leaders and Planning Commission liaisons because she has not heard about any. Mr. Ford sungested survey�ing the quadrant team leaders to see what communication has taken place from their point of view, and how iYs been useful or hasn't been, or what might be. He recollected some meetings very early on beriveen some staff and wmmissioner tiaisons. He noted that he has heard very little about it and he thinks the role has not meant ver} much in the last fe�� months. � � Chair Vtorton asked Commissioner Kramer «hat his and Commissioner Gervais� role has been with the Northeast Quadrant. Commissioner Kramer informed commissioners that on Tuesday he attended lunch at the Whiie Bear Avenue Business mee[ina: at �:30 p.m.. Tuesda}', he went to � a9'�al � the Board of Directors' meeting of the Northeast Neighborhood Development Company, and from there he went to the Steering Committee meeting of the Phalen Cortidor Initiative. He added that he, Gladys, and Larry attended a Payne-Phalen meeting on the Land Use Plan (official liaison function). Commissioners I{ramer and Gervais have not had a meeting with the Northeast Quadrant team leader, but the team leader has been at many of the same meetings as they have been. Commissioner Gordon reported that he and Commissioner Geisser met with the quadrant once, but it seems then the ball was dropped. He still thinks it's a good idea. Perhaps a report from the liaisons needs to be part of the Planning Commission agenda on a monthly basis. Commissioner Geisser thinks the liaisons are not clear as to what their function should be and ho�v they are usefulto each other. Commissioner McDonell said that he and Commissioner Field met once with the team leader. He feels the liaisons need to review the process aad the expectations of their role. He thinks iPs important for the team leaders to know what the Planning Commission expects. CommissionerNordin stated that she thought it was a very good idea afrer the first liaison meeting. Later she attended a meeting at Hamline University about a college housing proposal (not a liaison meeting). As far as she kne�v, there have not been any more liaison meetings. She has received mailin�s from associations welcoming her to their meetings but she can't go to all of them. � Mr. Ford su��ested that the Planning Commission quadrant liaison is a function that sounds good with no clear structure as to how it should be carried out. Perhaps the main thing a liaison needs is a notice of when meetin�s and projects are goin� on. PED staff could also try to make sure that the liaisons are on the mailing list that staff maintains for any meetings that they are involved in of community groups that are doing things in that quadrant. As far as meeting with the teams at their meetings, not all of the teams have a regular meeting schedule. Those meetinss usuall}� consist of a quick update on what each of the staff inembers are doina, much of which does not involve community planning or development projects that are of paRicular interest to the Plannin� Commission. Mc Ford didn't think the team meetin�s would usually be worthwhile for commissioners to attend. Structured meetin�s with the team leader and a couple of key staff on projects in the area might also be a �ood idea. Those meetings could be structured in conjunction with the presentations before the Commission by the team leaders. Mr. Ford will have more discussion with the team leaders in PED on this subject. Staff is open to ideas from commissioners. Commissioner Gordon opined that the meetings of the Commission liaisons with their teams would be useful; and then for liaisons to go out to other community meetinas on a more selected basis in coordination with the team leaders. He feels that the best �vay for the Plannins Commission liaisons to stay in touch with what is �oin� on w'ithin their quadrants is to attend the team meetin=s. He thinks a resular meeting schedule needs to be built into this relationship. Commissioner Geisser asreed «ith Commissioner Gordon. She thousht it miQht also be useful � for all of the liaisons to meet «ith all of the team leaders to structure the role of the liaison and set a meeting schedule. 0 Chair Morton asked Commissioner Nowlin about the Phalen Boulevard EIS. Commissioner Nowlin thought it was still in federai hands. X. Task Force Reports None. XI. Adjournment MOTION: Commissioner Geisser moved to adjourn; Commissioner Kramer seconded the motion wJrich carried unanimously an a voice vote. Respectfully submitted, Kenneth Ford Planning Administrator Approved �O �� / �` 4 (Date) ( U/���- �� �=� Esperariza Duarte Secretary of the Planning Commission � � � \planningUninutes.frm ��-ta1 � � Saint Paul Planning Commission City Hall Conference Center 15 Keliogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul ��'as held Friday, November 6, 1998, at 830 a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Duarte, Engh, Geisser, Morton, Nordin, Treichel, and Wencl and Messrs. Field, Gervais, Gordon, Kramer, Mardell, Margulies and Vaught. Mmes. *Faricy and Messrs. *Johnsoq *Kona, *McDonell, *No�vlin, Sharpe *Excused Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Beth Bartz, Nancy Homans, Larry Soderholm, Lucy Thompson, and Jim Zdon, Department of Plannin� and Economic Development staff; Tim Agness from Parks & Recreation; and Ken Greenberg, Director, Saint Paul Design Center. I. Approval of Minutes of October 23, 1998 MOTION: Commissioner Rran:er mnved approval of the minutes of October 23, I998; Corremissinner Mardell seconded the motian. Commissioners Vaught and Field added corrections to the minutes of October 23, 1998. 37te motinn on flie floor approving ihe corrected minutes of October 23, I998 carried unanimously on a voice vote. II. Chair's Announcements Chair Morton announced that Commissioner Geisser has sraciously offered to chair the holiday party this year. Commissioner Geisser added that this is a special holiday party because four of the Planning Commissioners will be retirin� from the Commission at the end of the }ear. The date for the holiday party is December 18, 1998; the Planning Commission meeting that moming �vill be shifted to a{ater time and the party will be a 3uncheon. Each member will contribute $25. Chair Morton announced that there will be a Steering Committee meeting at 7:4� a.m.. November 20, 1998. � IIL Planning Administrator's Announcements Mr. Ford apolo�ized for the packe[s arrivina later than usual due to equipment not bein� operable during the movin� procedure in PED. Mr. Ford announced that the Livable Communities Advi;ory Committee of the Metropolitan Council has completed their funding recommendations for this year's cycle and is � recommending to the Metropolitan Council full funding of Saint Paul's proposal for Main Street on Payne Avenue, a redevelopment projecf that involves duplexes, commerciat buiidings, and new housing near where the Achievement Plus School �vill be located. Mr. Ford noted that this process includes some ver}� interesting proposals for redevelopment ia Minneapolis and some suburban communities that give a good idea of what people are thinking about working on. The Planning Commission may want to have an overview of those proposals. Mr. Ford announced that he has left copies at each commissioner's place of the submission to the Metropolitan Council for an extension of the p(anning time for completing the Comprehensive Plan being done at the City CounciPs request. The City's Legislative Advisory Committee on Advertising Signs has made its recommendation to tl�e City Council; they have been referred To the Planning Commission. The City Council has laid over action on this item to January 20, 1999. Under that process there is a provision for special sign districts being requested by neighborhood organizations in the city. A few have been applied for. The appeal by Mr. Spiegler of the Planning Commission's action on the parking ramp by JLT PropeRies at Shepard and Davern will be before the City Council next Thursday (Veterans' Day is on Wednesday). Chair Morton referred to a copy of the letter that has no�v been passed out that she received from Greg McGee, Vice Chair of Highland District Council and Chair of the Community Development Committee, and a copy of her response in regard to the Trooien variance that was � aranted by the Plannin� Commission on September I 1, 1998. � Commissioner Treichel su��ested that the Steerin� Committee misht want to discuss it. Cfiair Morton responded that the Steerin� Committee will be discussin� it at the next meetins. IV. Zoning Committee �98-270 West 7`"/Fort Road Federation - Rezone from RT-1, I-2 to RT-2 to allow for a new construction townhouse development consistin� of 22 units at 37� Colbome, 381 Colbome, 383 Colborne, 387 Colborne, 391 Colborne, 397 Colbome, 398 Duke, 412 Duke, & 497 Palace (Jim Zdon, 266-6i59). MOTION: Commissioner Field moved to recommend approval of tlie requesf tn rezone fronr RT-I, I-2 to RT-2 to allow for a nerv construction rown/:ouse development consisting of 22 units at 375 Colborne, 38l Colborne, 383 Colborne, 387 Colborne, 391 Col6orne, 397 Colborne, 398 Duke, 4I2 Duke, anr! 497 Palace, w/:ich carried unanimous[y on a voice vote. �98-274 Saint Paul Department of Parks & Recreation - Special condition use permit to allo�v for the esistino facilities of the harbor operation. includine a mainrenance garage on a concrete slab & hvo portab(e buildinas, to be relocated from the lower harbor area to the upper harbor area at Harriet Island Reeional Park (Nlartha Faust, 266-6�7Z). MQTIOni: Commissioner Field moved approval of tJre requested special condition use permit to allow for tke existing facilities of the /:arbor operatiorz, inc(uding a maintenance � garage on a concrefe slab and two porlable buildings to be relocated from tke lower harbor area to the upper harbor area af Harriet Island Regional Park, which carried unanimously �_�a� � on a voice vote. #98-275 Ronald J. Severson - Appeal of the denial by the Zoning Administrator of a site plan for a carriage house & garage at 420 Portland Avenue between Arundel & Westem Avenues (Beth Bai 266-6580). MOTION: Commissioner Field moved to deny tl:e appeal of t1:e denial by tl:e Zoning Adnzinistrator of a site plan for a carriage Itouse and garage at 420 Portlarad Avenue beriveen An�ndel and Western Avenues. Commissioner Vaught informed the Commission that he would not vote on this issue; he would not participate in any discussion regarding this issue; he has not paRicipated in a discussion on this issue in any way; and he has not discussed the substance or the procedural issues of this matter ��ith any member of the Commission prior to the vote. Commissioner Treichel asked if the applicant can correct the 1990 lot split? Ms. Bartz responded that the onfy way to make the lot split valid would be for the property owners of 415 Summit Avenue, which is the remainder of the parcel, to apply for a rear yard variance, which would then bring that structure into conformance. The condominium association that owns that piece of property has not been willing to come forward and do that. The motion on tl:e floor carried unaitimously on a voice vote wiUe Commissioner Vaught not VOtllia. � #98-277 U.S. West Wireless - Special condition use permit to allow construction of a PCS wireless communications antenna support system at 218 Kiplin� Street between Hilldale Avenue & Lower Afto� Road (Martha Faust, 266-6572). MOTION: Commissioner Field moved approval of t/:e requested specia! rondition use permit to allow constrrtction of a PCS wireless communications antenna suppart system at 2I8 Kipling Street, wkich carreed m:animous[y on a voice vote. �98-261 Louie's Billiards Inc - Special condition use to allow a billiard hall business at 1990 Suburban Avenue (Martha Faust, 266-6572). Commissioner Field informed commissioners that Mr. Warner is workino on a resolution for this case. MOTION: Commissioner Field moved for an extension of two weeks jor this case so that the appropriate resolution can be written and reviewed Commissioner Vausht stated that he voted aoainst the Committee's decision because he feels there is not evidence to support the decision of the Committee inasmuch as it �vas based on the alle�ation that somehow the presence of this particular faciliry at that location would be detrimental to the Qenerai heaith, «eifare and safeh of the communit}. There �vas a lot of anecdotal discussion includin� some discussion of the Police Chief at a district council meeting. �chich �vasn't accompanied by an} factual basis. There �vere a lot of alle�ations of the all ofthe � evils that would come from this particular billiard half at this location. but there was a decided absence in the record of any hard facts. Commissioner Vausht stated that he did find the parking to be deficient and he thinks that the shared paskin� aQreement, �vhich the Zoning Administrator approved, doesn't conform with the code. He said he couldn't persuade any of the other cornmissioners that that ought to be the reason this request should be turned down. Commissioner Kramer commented that there was significant discussion on the parking � arrangement at the Zoning Committee meeting and it was his impression that the parking deficiencies, the inadequate parking agreement, and the concerns of the neighborhood all needed to be part of the resoluYion; they were accepted as part of the motion for denial. Commissioner Gordon stated that he wants to emphasize that the parking issue was a concem for all of the commissioners at the Zoning Committee meeting. Commissioner Vaught's disagreement, as he understood it, was to the extent that the motion went beyond the parking issue. TI:e mntion on theJloor to extend t/ris case for two weeks carried on a voice vote. Commissioner Field pointed out to Zoning Committee members tltat the next Zoning Committee meeting on November 12, 1998, will be held in Room 40 of the City Hall Conference Center. He then read the agenda for that day. V. Guest Presentation: Ken Greenberg, The Saint Paul Design Center Mr. Ford commented that the Saint Paul Desi�n Center was established to help the City collaborate �vith other interested agencies and businesses involved to implement the Saint Pazd on the Mississippi River Development Framework with appropriate attention and priority for the urban desi�n issues that are foremost in that plan. When the Steerintr Committee a few months a�o deve]oped a list of aQencies and departrnents in � the City they thouaht it wou(d be worthwhile for the Commission to hear from them to understand things that are goin� in the city relative to the Commission's interest of city plannina, the Desi�n Center was amons those. Tim Agness, the managin� director of the Design Center, and Lucy Thompson, PED's staff inember who is spending a�ood deal of her time with the Design Center are also here today. Saint Paul was fortunate to engage the services of Ken Greenber�, who lead the consuttant team on the Saint Pa:d on the Mississippi River Development Framework and to help the City� with the overall direction of desia centers. Mr. Greenber� is here today to share with the Commission what is �oing on with the Desi�n Center. Mr. Greenberg began by saying that four yeazs a'o when Ken Ford, Dick Broker and Patrick Seeb came to visit him at the University of Minnesota where he �vas working on the Master Pfan, to talk about the possibility to do some work in Saint Paul, he had no idea that it would turn into such an extraordinary voyage leadin� to the Framework and into this new initiative, «hich comes out of the Framework, which is the creation of a Design Center in Saint Pau(. There has been an interim Design Center, which operated for over a year. Tim Agness, Lucy Thompson and Tom Eg�um were key members of that team. lt proved the value to this community of having a group of key staff inembers cutting across disciplinary lines working to�ether on Yhe collective projects of city buildina. What is happening in Saint Paul is �vhat is to 6e found in all of the ke� cities that have had a grea[ resureence: Philadelphia, San Francisco, Ne�r York in earlier years; Bosion. CincinnaTi, Providence, Portland in current years. They are all part of this ne�� movement of returnina to city centers. [n Europe, Berlin, Amsterdam, Barcelona. and Paris have had a ven similar esperience. In Saint Paul, he believes, something has been created �vhich is uniquely tailored to the culture � of this cin . The siructure is not exactly like any other that he is aware oE Iu distinguishing a�-�1� � feature is that is has one foot inside city government and one foot out. Through the involvement �vith Riverfront Corporation and its board; the involvement of the University of Minnesota; iYs affiliation �vith the Capital City Partnership; and the continued involvement of inembers who are key staffers of all of the City departments who have a role in shaping the city, this had the potential to draw on the unique strengths and ways this community comes together around issues. The Design Center is basically a place of forum, an opportunity for collaboration, a hub of expertise, information sharing, and first and foremost, it is a service agency. It provides opportunities for value-added to the activities that people are undertaking anyv✓ay. The Design Center will do four things over the course of the next year: I) create a resource which will consist of many things, one of which (workine with the University of Minnesota) will be a fully operational CAD model ofthe four square miles covered by the Framework in three dimensions available for use by the public, by desi�n professionals; to be eventually extended to the nei�hborhoods; 2) involved in key projects as they emerge, and to look at how individual efforts can be refated to achieve the maximum synergies and the greatest benefits; 3) provide some guidance on strategic use of capital funds; all of the agencies that are involved in the business of renewing the fabric and the infrastructure of the city. Each time a ciry is renewed there is an opportunity to modify the environment slightly in aid of emerging design objectives. 4) Is intended to be a public forum, a place where the issues of the day relating to city design are focused; where there are lectures, discussions, symposia, opportunities for designers of key ne�v projects that are coming along to present their drawings and models to the community to have them discussed; �vhere school chitdren can come in and see ho�v their city is evolving; to take all of the things that are read about in the pages of the newspaper and make them much more real and tangible to people; �ive them the opportunity to experience how the � real place is chan�ind. The Desion Center is currently lookins for a place to locate. Ideally, it would be a location which ��ould have a storefront component so that it's �'eq visible, very easily accessible and very invitin� to the public. In summary, 4vhat the Desi�n Center will do and is alread} doin� in the community is to create the climate for strone project collaboration, to ensure that the principles of the Framework, which have been adopted by the Cih, are implemented to help ensure good design and to take the lead in collaboration with al! of the other aaencies and departments in pushin� oppoctunities that are no�t on the horizon in Saint Paul to the limit in terms of what they can achieve and contribute to the community. It is a very exciting time in Saint Paul. Mc Tim Aeness then addressed the Commission to flesh out more of the details of how the Design Center wi(I actually operate ho�vever, he admitted that one of the advantaQes/ disadvantases of following Ken Greenberg is that he sums up every�thinQ pretty quickly. Mr. Asness commented that the Design Center is not a bunch of new' people but is all the people of the community (developers, Cih staff. other aoencies that are interested in rebuildins Saint Pau!), �vho have been �vorkinQ together. y The Desisn Center hub «iIl be a place of ener�}, information, acticin and ideas. It has a set of unique plannins and desien tools If �oir are a dz�efoper. �ou are soing to find a place on sveet level that «iil be open and im itin�. �ou ��'ill be able to see throueh thz �rmdo�� that there are � people workinQ on the three-d computzr model. people leznina o� er desks and ��orking on initiatn es that are tal:ins place toda�. and are pfanning for ones that �t-i1; taf:e place in the future. This is not a ne�� sroup of people. It is alI of the same people uho are no« �vorkina together. The Desi�n Center is the hub where they come tooether. Inside the hub. you will find a display and library of the plans and documents in Saint Paul. It will have somewhat of an auditorium feature so that you will feet very comfoRabie when you walk in. Throughout the facility there � �vill be models and drawings of the things that are going on in town. If you are new to the area or here as a developer from some other city and have an interest in Saint Paul, hopefully, this will be the place that you can put together what is going on in the private sector of development, in the Parks Division, in Public Works, in P(arming and Economic Development, in the Port Authority, etc. The goals of the Design Center ace to have project collaboration, to implement the principtes of the Frarnework, and to produce good urban design. Mr. Agness closed with the notion that planning and design cannot remain to be thought of as somethin� extra, something beyond what really should be done, fluf£ This model will track what is being done in Saint Paul and how each project influenced the area (post design analysis). Commissioner Gordon noted that many of things talked about are missions of PED or missions of the Plan�ing Commission and asked ho�v the Design Center plans to liaison wiYh PED and �vith the Planning Commissioa Mr. Greenberg replied that hopefully, the Design Center will noi duplicate efforts of PED or the Planning Commission, but will actua((y connect them to each other in a more effective way. Mr. Greenber� emphasized that they resisted the temptation to create a sort of parapfanning oraanization outside of the normal structure, and instead have created a matrix organization so that people who are currently in PED, in Public �Vorks, in Parks, in real estate, in the Port Authority, in the Capital City Partnership, in the Riverfront Corporation, in their norma! jobs, have in effect gotten a second passport (membership in the Design Center). They bring the things they are already workin� on to the center where Yhey will � si[ do�vn and �vork with tUeir collea�ues in all of the other a�encies to produce a more effective and very hands-on, very informal, and sometimes very creative kind of communication that pushes the ed�e of the em�elope. For examplz, he cited the Northeast Quadrant where around the Yable are people from all those �roups so that simultaneousl}', the wfiole group can consider modifications to the street pattem, improvements to the street scape, the role of public spaces, planning issues. heritage preservation issues, eta He called it a lieht touch addine to all the things that are already happenine. Commissioner Enah asked about the relationship between the Desi�n Center and Capital City Partnership. Mr. Greenbero replied that John and his staff have been amon� the key architects of the Design Centec The Desion Center sees the facility and the tools that will be created as ke;- components ofthe Saint Paul's marketin� pro�ram to be used by Capital City Partnership, PED, and the Port Authorit}. Commissioner Mardell asked �vhere the center is located now. Mr. Greenber� replied that the Cenrer is currently operatin� from the Riverfront Corporation offices and is usinQ rooms in City Hall for meetines. -[ he hope is that the Desien Center �vill have its own space early in the new �ear. Mr. Aeness added tha[ e�en ��hen there is a hub, the Desisn Center will still be located throuehout the ciiv. Commissioner Nordin asked ho« oftzn the� met and �ahat ��ill �ou see ��hen �ou �caii: into the Desisn Center hub. �Ir. Agness responded that «hen �'ou �val(: into the Desisn Center you should be able to see a desisn smdio in action in a communit� facilin �tihere dialooue takes � place. It �vill feel venr open. There will also be literarure that esptains what [he services and tools of the Design Center are and how there are used. The Center probably �vill have regular a9-��.� � business hours with rotating staff available. Mr. Greenberg added that the new space will be shared with the Riverfront Corporation so that all the common areas will be common to both and some of the staff �vill be common to both. In addition, it will be a place where drawings, plans and models of what is current in Saint Paul can be displayed. Commissioner Geisser stated her concern for a place at the table for someone from the Planning Commission, or that the Commission can assist in some way. Mr. Greenberg welcomed the assistance. Commissioner Treichel noted that she had visited the Design Center in Chattanooga, which began �vhen the city �vas in terrible shape. Fifreen years later Chattanooga has completely turned around. Commissioner Treichel asked whether she could be as optimistic as she wanted to be about design centers being the mechanisms today to help recreate cities. Mr. Greenberg responded that he thought she could be extremely optimistic. He said that Americans are getting very excited about cities again. After decades of neglect, as Saint Paul has experienced along with many cities in America, Saint Paul is on the up curve. The planning field had become somehow detached from physical reality and had become more and more abstract and sYatistically based. The Design Center is so important because it is bringing people back to the reasons that they do things; the physical places that are created become important; that design and function collaborate to create a place for the life and activity that goes on there. Mr. Agness added that about a year ago, they visited design centers throughout the U.S. to find out what they had done right and what they had done wrong to get a feel for what should be done in Saint Paul to get the Design Center up and running successfully. � Commissioner Nordin asked if the Desion Center had weekly/bi-�veekly meetings and an agenda or minutes that could be sent to the Plannin� Commission. Mr. Agness said that they currently meet weekiy. Over the past year they have been tracking projecis. Aoendas are difficult to put together because it is mostly a report on what each individual has been tracking and a discussion of that They don't have the staff to put to�ether minutes. Chair Morton thanked Mr. Greenber� and Mr. A�ness for coming today. There is a great deal of interest on the part of the Plannin� Commission and it would appreciate any information that can be fonvarded. Chair Morton announced the joint public hearin� on the Sctint Pazd Hozrsing PZan and Summary and General Policy: The Saint Pazd Comprehensive Plan with the Ciry Council from 630-8:30 p.m., on December 7, 1998, at Saint Paul Technical College Auditorium. VI. Comprehensive Planning Committee Commissioner Geisser announced that the next meetin� is scheduled for 4 p.m. on Wednesday, November 18, 1998. VII. Neighborhood and Current Plannine Committee �o report. � 4TII. Communications Committee No report. IX. Task Porce Reports Commissiorter Gordon announced that the Ayd Mill Road Draft EIS is close to going public. The next round of STAR small grandloan applications are due February for $20,000 or less. Regarding the STAR Board, there has been a lot of comment lately about the problems with low and moderate income housing. Commissioner Gordon has discussed �vith the STAR Board's chair, the possibility of using the STAR monies in the next large round of grants and loans to give a priority to low and moderate income housing projects. Chair Morton asked Mr. Ford if he knew the whereabouts of the Pha(en Boulevard EIS. Commissioner Kramer chimed in that the last he heard, it was hun� up in the U.S. Transportation Department. Mr. Ford replied that he could not give a better answer. X. Old Business None. XI. New $usiness None. XII. Adjournment The meeting was adjoumed at 9:44 a.m. Recorded and prepared by Jean Birkholz, Planning Commission Secretary Plannine and Economic Development Department, City of Saint Paul Respectfully submitted, Kennet Ford Plannins Administrator Approved ����/�� (Date) �-f i 'T"1/L!/�iL ^ �� . 1, /Gf/ r Esperanz Duarte � Secretarv of the Plannino Commission � � � \pfannino�[rmtes.frm °f°I'� �� • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard «'esf A meeting of the Planning Commission of the City of Saint Paul �vas heid Friday, October 23, 1998, at 830 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Geisser, Morton, Treiche] and �Vencl and Messrs. Field, Gervais, Present: Gordon, Kong, Kramer, Mardell, McDonell, Nowlin and Vaught. Commissioners Mmes. Engh, *Faricy and *Nordin and Messrs. *Johnson, *Margulies and Sharpe Absent: *Excused � Also Present: Ken Ford, Planning Administrator; Jean Birl;holz, Beth Bartz, Martha Faust, Tom Harren, Larry Soderholm and Mark Vander Schaaf, Department of Planning and Eco�omic Development staff. I. Approva] of Minutes of October 9, 1998 l�TOTION: Commissinner McDonell moved approval of the min[rtes of October 9, 1998; Commissio�ter Gervais seconded Ute n:otion which carrled unanimously on a voice vote. II. Chair's Announcements rione. III. Planning Administrator's Announcements �i�r. ��rd's �nier�ph�n� �� n�t tv�rl2in�.� Mr. Ford announced that the Ciry Council has referred the Billboard Task Force recommendation to the Planning Commission; and has approved the rezoning for the senior housing on Upper Afton Road. Planning Commission's actions at the JLT Parking Ramp have been appealed by the owner of the apartments adjacent to the site. I�'. Zoning Committee ���mmi�i�n�e Fi�ld'� mier�ph�a� ��-�� n�t �ti�rlein�.� � �98-261 Louie's Billiards Ine. - Special condition use permit to allou a billiard hall business at 1990 Suburban Avenue (Viartha Faust. 266-6�72) Commissioner Field stated that there was no recommendation from the Zoning Committee. � ���rnmi�i�n�r �m�r'� mi�ph�n� t� n�t v�rl�ing.) MOTION: Commissioner Kramer movetf den:ia! of t/re requested specia[ condition use permit to allow a billiard ha[! business at 1990 Suburban Avenue on the basis that it dnes not conforn: to t/:e necessary reguirements jor s/:ared parking; seco�eded by Contmissioner Gervais. ����mi�Qi�n�x ��u�ht'� �niec�ph�n� �va� n�t �v�rking.a MOTION: Co»:missioner Vaugkt moved to re-rejer t/te matter to t/ee Zoning Committee for consideration of info�n:ation witF: regard to sltared parking; seconded by Commissioner Geisser. Commissioner Vaughi inforrned Commissioners that at the Zoning Committee meeting, he considered the information cvith respect to shared parking (a shared parking azrangement that wou(d be required if the Zoning Committee were to approve it), to be quite inadequate. It was not even typed; it was scribbled on a piece of paper and si�ned by Larry Zangs, and none of the Committee could make very much sense of it in terms of tvhat it meant Mr. Zan�s was not abie to be present at the meeting. Commissioner Vaught noted that he made a motion afrer the conclusion of the public hearing to table the matter ia order Yo consider exactly what Mr. Zangs said; no one seconded the motioa There was some discussion, and at a point where the discussion ceased and no one made a motion, Commissioner Vausht stated that he called for the � order of the day (a le�al parliamentary maneuver) in the absence of a motion on the floor. The chair granted his point and the a�enda moved on. No one appealed the chair at that particulaz time. This motion would send iT back to the Committee as thoueh the motion Yo table tivould have been granted at the Zonins Committee meetintr, and would allo�v Mr. Zan�s to come to the meetina and explain what he meant by what he �vroie. Commissioner Field stated that at the Zoning Committee, he announced that the public hearing ��as dosed prior to the committee discussion. ���m�ni�i�n�r ��e��n's mier�ph�ne s�ans t� � ���rkin� but at a l�zv�x l�v�l t1a�a tesual.a Commissioner Gordon said that as he understands it, there wiii no�v be additiona[ information availab(e, information that �vas not avai[able at the [ast pubiic hearina and some people may �vant to direct their comments to the ne�v information. He questioned ho�v they could do that if the public hearing is closed? Commissioner Field commented that the Committeejust needs clarifcation on staffs information. Commissioner Gordon added that some member of the public mieht «ant to disasree with any ne�c staff information. Ther didn't have an oppottunit� to respond to it at the public heazing. Commissroner Vaueht informed members of the Comrnission thac if the public hearins is � a q-la1 � reopened, new public hearing notices will need to be seat. He doesn't necessarily oppose re- opening the public hearing, but havina been at the meeting, he is convinced that whatever it is that Mr. Zangs has to say is not goin� to chanae the opinion of anybody who appeared at the previous hearing. ���mmi�ssi�ner t�[�D�a�ll'� miereoph�n� i� ���rYcing, but at a I��v i�v�l,a Commissioner McDonell said that he assumed that Commissioner Vaught's motion to refer this case back to the Zoning Committee is a priority motion over Kramer's motion to deny. In the spirit of a friendly amendment, Commissioner Gordon moved to amend Commissioner Vau�hYs motion to re-refer to the Zoning Committee to permit additional testimony on the shared parking issue. The friendly amendment was accepted by Commissioners Vaught and Geisser. Commissioner Kramer stated that he did not support re-opening the public hearing because none of the testimony at the previous public hearing related to the shared parking agreement and there was no controversy over the shared parking agreement. Commissioner Vaught acknowled�ed that what Commissioner Kramer said was correct, and reminded Commissioners that the 60-day deadline for this case is November 13, 1998. Since that is the case, the public hearing coidd not be on the next Zoning Committee agenda because � of a public liearin� notice requirement, and it �vould not be able to be on the Plannin� Commission agenda again until after November 13, 1993. The deadline could be extended, preferably with the applicanfs approval, so that a public hearing could be conducted. SUBSTITUTE MOTION: Commissioner Field moved tl:at the public Itearing for this case be not re-opened, but that the record be kept open to accept written comment unti13:30 p.m. October 29, I998; Commissioner Kran:er seconded tlte n:otion. Commissioner Gordon said that as he understands an estension of a case, either the applicant can a�ree to extend or the Plannin� Commission can extend it without the appiicant s agreement. �Vith respect to Commissioner Kramer's comment about none of the testimony at the public hearin� referrine to the shared parking agreement, Commissioner Gordon feels even more stronely that the Commission has an obligation to inform the public ofthis additiona] staff information and then al(ow [hem to respond to the new information relatin� to the shared parkin� aareement. MOTION: Commissioner Field moved to call Uze question wl:ich carried unanimously on a voice vote. TI:e substitute motion on tlre f7oor to i:ot re-open tlae perbtic hearii:g of case �98-261, but to allox• the record oper: for written conan:ent unti13:30 p.»r., Tl:ursdav, October 29, 1998, carried on a roll call vote of 10 - 4(Geisser, Gordon, ROlto, Treichel). � #-'98-262 St. Anthom' Manaaemen2 for D'iatt Krustritz - Consideratior of a nonconformins use permit to allo�� leeal escablishment of a nonconforming u;e, a leaal office RM-Z district at 607 Grand Avenue (Beth Bartz, 266-6580). MOTION: Commissioner Fie[d n:nved approval of the re9uest to consider a nonconforming use permit to a!!ow lega[ estab[is/�ment of a noncanforming use, a legal office in an RM-2 rfistrict at 607 Grand Avenue w{rich carried unanimotrsly on a voice vote. Commissioner Field read the a�enda for the next Zonin� Committee meeting scheduled for Thursday, October 29, 1998. V. Guest Presentation: Mark Vander Schaaf, Geoaraphic Information Svstems, Their Sianificance for Plannina and Pro�ress in Saint Paul. ('I'h� p�di��m mi�r�ph�ne was ��ehing ��il.a Mc Vander Schaaf reminisced about working with PED for rive(ve years and having made many more frequent presentations to the Plannina Commission then and shortly thereafter. He noted thaY he reco�nized some familiar faces (and it rvas good to see them) from rivelve years a�o. ! Mr. Vander Schaaf stated that he will cover some very basic things about GIS and how it works. It wifl be helpful to understand the building blocks because every complex usa�e of GIS builds on some fairly simple principles. He said he �vill also talk a bit about how GIS is being used and developed in PED. He will finish up on how GIS is being used and developed in City government and beyond. � He explained that the GIS movement is toward integraTina various departments and users into a broader system. GIS is a technolow that really blossoms when it's part of a computer nerivork or an enterprise-wide nehvork. One of the reasons why GIS has developed in PED or maybe, not developed the way that it has, has to do with the fact that about five years ago PED began to learn about the possibilities of networkin� GIS with other City departments. PED started doinQ desktop mapping usin� Mapinfo Software, and was told tfiat at that time, MapInfo didn't have the ability to use data that came from work that was bin� done by Public Works, and that there was a sofrrvare that would have that ability and PED shoatd be ready to move to that other sofnrrare, and PED a�reed to do that. However, PED found out that the other sofnvare only ran on a Windows environment, which PED did not have at that time. When PED adopted a Windows environment rivo years ago, it began using ArcVie�v Sofhvare, which give PED the ability to integrate with other City departments. Mr. Vander Schaaf stated that his comments today tvill fall into three basic topics of GIS: I) Thematic Mapping, 2) Address Location, and 3) Geocodine. Thematic M�pins Needs a set of boundaries: e.s., plannina districts. Cit} Council ��'ards. zip codes, census blocl: groups, etc. Needs a set of data for each area: e,a.. population. povem� rates. median nousinQ values, etc. � q9 •t�.l � Choose data set and produce map ComQlexities Number of categories Defining the range for each category Cobrscheme Address Location Prerequisite: a base map (centerline street map) Type in address and it will be instantly located relative to base maps This is an important way that some routine Zoning �� ork can be speeded up. When someone wants to know how a property is zoned at a particular address. This used to take a cal( back after the zoning person looked it up. There would usually be a big backlog of addresses you had to look up on paper. No�v, you can do that fairly quickly. Geocodina List of addresses compared to center line street file (Data in centerline street file includes address ran�es for each street seament) Geocoded data estimates location of each address As a point � Relative to address range Geocoding is a special application of address locatine. It takes a]arge m�mber of addresses and finding out where they are al] located. The example Mr. Vander Schaaf displayed was thai of the number of jobs in downtown Saint Paul. This used to be a very laborious task that wasn't very accurate. The raw data from the State of Minnesota helped a great deal. You start with the list of 8,000 businesses and compare their addresses to the addresses on the centerline street file. ��oma�i�ion�r'�r�te��l's mierophoae �s �ot �rt�in�.� Commissioner Treichel asked if there is capacity to put into the system how the median income is projected to increase for the next five years and combine that with information for a housina pro�ram. Mc Vander Schaaf responded that GIS displa} s and analyzes in a fairly sophisticated way whatever data is given to it. We will have to fiQure out in some other way what the expected median income will be in the future — GIS cannot tell us that. Once you put that data into the GIS system, it can display and analyze it very quickly in a map form. You need to go back to more conventional techniques for demographic projections. Mr. Vander Schaaf continued to explain how the �eocodin� �vorks to ans�ver the question of ho�� man}' }obs there are in do�vntown Saint Paul. ��om►ni�ioa�r �ard�llas mtcropko�� w� aot worki��J Commissioner Mardell asked if GIS is available to the public. bfr. Vander Schaaf repiied that it can be. He would talk about that later. GIS in PED The software PED uses is ca[[ed ArcView. ArcView is made by ESRI (Environmental Systems Research Institute}, the targest GIS sofhvare company. ESRI is totalty owned by Jack and Laura Dagermond, a husband and wife who started out 30 years ago as a small consufting firm dealing with environmental issues. As time went by they began making some sofhvare to help analyze issues; one thing led to another, and before they knew it, they were making what was becoming regarded as the best GIS sofrware available. Jack Dangermond has an undergraduate degree from the U of M in urban piaaning and a masters in landscape architecture from Harvard. He has a good vision of how GIS should serve society. PED staRed using ArcView because it is a kind of a middle of the-road versioa. It is noY the most sophisticated sofrware you can use. The next step up, the standard sophisticated ESRI software is called ArcIrtfo, which a lot of the more detailed Public Works geographic data is in. One reason PED adopted ArcView is because it can pull in infrastructure data from Public Works even thou�h we can't make it. Now, the primary use of ArcView in PED is a mixture of functional and geographic teams' perspectives. The second big use is in zoning and land use. Mr. Vander Schaaf stated that one way GIS could be avai(abte to the public and more broadly available to staff is through a browser software, which can be downloaded off the Intemet on your home computer, called ArcExplorer. � When PED works with other City depaRments and key community partners and Ramsey � County, GIS work can become very interesting. Now, PED has online access to Ramsey County raw data, and can use it as it wants in an unlimited sense, and to some extent, can share it �vith people outside of City government. The City is working toward an "enterprise GIS.° The City has a variety of types of data on particu(ar properties, but it is in many different departments in vastly different ways, Some have one kind of database; some have another, some have no database at a[L Piecins data to�ether on a particu(ar property or a particular set of properties or on a neighborhood can become very frustratina. The big question is how does the City or a paRicular department get the risht data formats and the right sofrivare to enable people to pull in data from housing inspection people, from LIEP, from the Police Department, and combine it on a map. It seems to becoming [ncreasingiy urgent to do this othercvise there wii( be departments duplicating databases and there witl be a lot of ine�ciencies. Saint Paul's planning districts, community clevelopment corporations, and local colleges are ail eager To get this daYa and work with it for purposes of serving the communit}�. GIS data is becoming in great demand wiTh the new desien centec A consultant is comin� in to tivork with Cih departmenu on the enterprise GIS issue. � The people �vho run the Citv s Interne[ Website in Citizens Service Office are beginnin� to look at «hat are the best ways to put out some of this data to the u'hole public on ffie Intemet. I�J q� . l �1 � Mr. Vander Schaaf expects the next couple of years to be extremely interesting in terms of how does the City put all these pieces together to give us somethin� that can really increase the City's abitity to have good insights and make good policy based on geographic information. Mr. Vander Schaaf concluded his presentation with a question and answer period. VI. Comprehensive Ptanning Committee Commissioner Geisser announced that the scheduled November 4'" meeting is on hold. VII. Neighborhood and Current Planning Committee Mr. Ford announced that the October 27` meeting is canceled. VIII. Communications Committee No report. IX. Task Force Reports, etc. Commissioner Gordon reported that the STAR Board recommendations were approved by the City Council. � Commissioner Kramer announced that there wi11 be a dedication for the groundbreaking of the Ames Lake Wetland held Friday, October 30, 1998. A flyer w�ill be sent to each commissioner. He also reported that he and Chair Morton attended a dedication ceremony yesterday for a 13- acre park in Highwood. Commissioner Mardell con�ratulated Commissioners Kramer and Nowlin on the recent announcement of the bus garaee beine located to the Cayuga site. Commissioner Gordon asked about the 5'h Friday Discussion schedu]ed for next Friday, October 30, 1998. Mr. Ford responded that it will be canceled. Commissioner Geisser asked why commissioners were sent the packet on Curfew Street. Mr. Ford rep(ied that commissioners were sent copies of the letters because the letters �vere addressed to the Planning Commission; a copy of the response letter was also in the packet. The response states that there is very little that the Planning Commission can do, but staff is continuing to do some work to make sure that the communih or�anizers and the owners of the business who could let these people drive throuoh their entrance and avoid using Curfew Street work out the best solution possible. Commissioner Geisser added that realtors in the area ought to be tellins peopie when they are buyin� a home there that irs in an industrial area. Commissioner Gordon suesested that Chair Morton assisn a Plannins Commission member to serve �vith Ms. Drummond in �corkine with the problem of Curfew Street. � Mr. Ford announced that the date for thejoint public hearing on the Housino P(an Drafr and the Summary and Genera[ Policy Chapter of the Comprehensive Plan has been set for Monday, December 7, 1998, at Saint Paul Technical College. Chair Modon announced that since pazking might be a probtem that evening, Ms. Nancy Homans is going to look into gettin� permits for pazking. X. Old Business None. XI. Ne�v Business None. XiI. Adjournment The meeting was adjoumed at 10:08. Recorded and prepared by Jean Birkhotz, Planning Commission Secretary Planning and Economic Development Department, City of Saint Paul Respectfally submitted, Kenneth Ford Planning Administrator Approved �/ /� /� � (Date) Espetan D�uart `��� Secretary of the Planning Commission � �� � ������ ►, J MINUTES OF THE ZONING COMMITTEE Thursday, October 29, 1998 - 3:30 p.m. City Council Chambers, 3rd Floor City Hali and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Gordon, Kramer, Morton, Vaught and Wencl Gervais Peter Warner, Assistant City Attorney, Beth Bartz, Geri Boyd, Martha Faust, Larry Soderholm and Jim Zdon of PED The meeting was chaired by Commissioner Wencl. LOUIE'S BILLIARDS INC. - Zoning File 98 - 261 - Special Condition Use Permit to allow for a billiard hall business. Martha Faust, PED, distributed additionai information submitted to the Zoning Committee previous to the meeting. Ms. Faust stated that the staff report had not changed from what was presented two weeks prior. Ms. Faust stated staff recommended approval of the Special Condition Use Permit. Ms. Faust also distributed the minutes from the District 1 Planning Council, which after meeting, rescind their past recommendation of approval �and wiil be taking no position on the application. Upon question of Commissioner Kramer, Ms. Faust stated that the code measurement was done from the nearest corner of the building to the nearest property line. Mr. Soderholm confirmed the code measurement requirement from the code book. ln further response to Commissioner Kramer, Ms. Faust stated that the nearest residential property line is taken from a plat map. Larry Zangs, Zoning Specialist, of the LIEP office for the city of St. Paul appeared. At the question of Commissioner Kramer, Mr. Zangs stated that restaurants and billiard halls are classified as non- retail. Mr. Zangs explained that this building given its size is multi-use retail. He further explained that traditionally they take the definition of multi-use building with mixed use in excess of 20,000 sq. ft.. Mr. Zangs stated that he used the calculations for the billiard hali taking the parking calculation as it appears in the code 61.03. Mr. Zangs stated that this use is more the kind of use in a multi-use situation and the 1 to 280 sq. ft. is applicable especiaily on the Rufe of 5. Mr. Soderholm explained that the Planning staff did a study in 1993 of parking standards, atwhich time the codes were changed, and with multi-use buildings generally the parking requirement is lower because the various uses will have different peak times. At the question of Commissioner Vaught, Mr. Zangs stated that there is a parking deficiency for this use and the option then is to look at shared parking. He explained the applicant indicated fiis peak hours, and he then looked at the time the other tenants were closed, therefore, creating available parking spaces. �mmissioner Faricy stated thai this has been discussed long enough and calied the question. There was no further discussion, and Commissioner Morton moved to recommend denying the Special Condition Use Permit. The motion was seconded by Commissioner Kramer. Zoning Committee Minutes Louie's Billiards, Inc. (98-261) October 29, 1998 Page 2 Commissioner Vaught stafed that he wil� not vote on this issue on fhe basis presented. � Commissioner Morton stated that while in item #C on the staff report used the existence of a police storefronf as a basis for recommending approval, this was not a valid finding because the police storefront could desist, and wouid no longer support the proposed use. The motion was called recommending denial of the Speciai Condition Use Permit. Adopted Drafted by: Yeas - 5 � � ���� %.:.��:C Geri Boyd Recording Secretary Nays - 1 (Vaught) Submitted by: � / ��`�� Martha Faust � Southeast Team Approved by: 8arbara Wencf ~� Chair � � q`I'��� � MINUTES OF THE ZONING COMMITTEE Thursday, October 15, 1998 - 3:30 p.m. City Council Chambers, 3rd Floor City Hall and Court House 15 West Kel{ogg Boulevard � PRESENT: EXCUSED: ABSENT: OTHERS PRESENT: Field, Gervais, Kramer, Morton, Vaught and Wencl Faricy Gordon Peter Warner, Assistant City Attorney, Beth Bartz, Geri Boyd, Martha Faust, and Larry Soderholm of PED The meeting was chaired by Commissioner Field. LOUIE'S BILLIARDS - Zoning Fi{e 98 - 261 - Special Condition Use Permit to allow for a billiard hall business. Marfha Faust, PED, gave a slide presentation and reviewed the staff report. Ms. Faust stated staff recommended approval of the Special Condition Use Permit. She further stated that a letter was received from the District 1 Community Council requesting that this case be laid over to October 29 This wouid ailow the tenants of the building who were not notified because they are not property owners, the opportunity to express their opinion about this project in a community forum. In response to Chair Field, Ms. Faust stated that initiaily she had received a letter from District '[ supporting the Special Condition Use Permit and that she was faxed the letter regarding the lay over this morning. Upon question of Commissioner Vaught, Ms. Faust stated that the legal status of the property is receivership, and that the appiicant can provide more detail. Commissioner Vaught stated that at the Planning Commission meeting, it was requested that Mr, Zangs be present. Mr. Soderholm explained that he talked with Wendy Lane on October 14"'• and with Larry Zangs who was out ill, at 9:00 a.m. that morning. Mr. Zangs had expiained the ca4culatioris to him. Because many of the businesses would be ciosed after 5:00 p.m., freeing up approximately 3Q� � additional parking spaces, the Planning Administrator would be able to issue a shared parking agreement if the Special Condition Use Permit is approved by the Planning Commission. Upon further question of Commissioner Vaught, Mr. Warner stated that Mr. Zangs works for the Zoning Administrator (Wendy Lane). Zoning Committee Minutes October 12, lggg Louie's Billiards (98-261) Page 2 Mr. Soderhoim referred to his copy of the code, and responded that the Planning Administrafor would have the authorityto issuea shared parking agreement, aswouid the Planning Commission. Mr. Soderholm further stated that it was his understanding that Mr. Zangs calcutations tfiat were submitted, were a preliminary calculation, and that if the Special Condition Use Permit were approved by the Zoning Committee and then the Planning Commission, a formal approvat of a shared parking agreement would be written. Upon question of Commissioner Kramer, Ms. Faust stated fhat the maps, hours of operation, etc. submitted were from the applicant, and thaY was the information Mr. Zangs used to calcuiate the parking. Commissioner Wenct expressed concern with the validity regarding the police station in findings #C of the staff report due to the fact ffiat it cou(d be moved from the center at any given time. lew Schaar, 1300 Wilson, apartment 1205, appeared. Mr. Schaar explained that he was requested by Larry Zangs to provide a site plan, a business layout, and a sheet with all of the 6usinesses square footage, and their hours. Hefurtherexplained that regarding the parking, given the square footage, he would need an additional 14 parking spaces. At the question of Chair Field, Mr. Schaar expiained that the vacant space at 1992 is 2500 feet, and that is the space that he wiii be occupying. Thaf particular space wouid require 24 parking spaces of which under normal ca4culations only ten would exist. Ms. Faust responded to Chair Field, stating that the correct address is 1992 Suburban Avenue, not 1990. Mr. Schaar further expiained his understanding was thaf the property as a whole is listed on the tax rolls as 1990 (a single unit). The other numbers identify each unit within. Mr. Schaar stated that he met with District 1 Community Council artd addressed all of fheir concerns. He also stated that he visited with many of the businesses in the buitding. Upon question of Commissioner Kramer, Mr. Schaar sfated that the Property Manager of this site, is Mike Connor, of 8attle Creek Properties. He has been the ongoing property manager. As of now, Mr. Connor is not the official manager because of the receivership situation. The day he signed the lease, was the first he became aware that Mr. Connor was no tonger the property manager, and Towle Management had become the management company of the cerrter. Atl contact had been done with Mr. Connor. At the questiort of Commissioner Morton, Mr. Schaar stafed he no longer operates his per�l haii in the Midway area. No one spoke in support. Steven Schachfman, Steven Scott Management Inc., 5402 Parkdale Drive, Suite 200, Minneapolis, appeared. Mr. Schachtman stated tF�at he represents and manages for the owners of CreEk Poirtte apartments, a 234- unit apartment compiex across from the facifity. He stated that the ovrnerjust invested one miilion dollars in capital improvements to their properfy. Mr. Schachtman further stated that the owners have contributed five hundred dollars a year to fund the Potice substa6on located in the facility. � � �� � � � Zoning Committee Minutes Louie's Biiliards (98-261) Page 3 Mr. Schachtman expressed concems of possible parking issues if this poot hali is aliowed. He also expressed his concems regarding possible problems with customers, efc. He urged the committee to not lay this item over but to defeat it. Chris Mowry, 4056 vctoria Street, on site property manager of the Creek Pointe apartmenfs, located at 1950 Burns Avenue. Mr. Mowry stated that spillover parking from the biiliard hall is one of their biggest concerns. Residents who have a right to be at the apartments won't have a place to park. The ofher concern is what wili happen when the establishment closes, and whether there wouid be any loitering in the area potentialiy leading to property damage or altercations, etc.. Mr. Schaar reappeared for rebuttal, stating that no onewas conveniently forgotten, and stated that he said that he spoke with some in the neighborhood. Mr. Schaar's immediate concern was the neighboring businesses in the shopping center. At the question of Commissioner Wencl, Mr. Schaar expiained that there would be 11 pool tabies and 8 video games. Mr. Schaar submitted a draft of the interior layout of the hall. In response to Commissioner Kramer, Mr. Schaar explained that there would be "original container� vendor food sold on the premises. He further stated that the primary activity is pool. Chair Field requested consideration of Mr. Schaar to a lay over for two weeks allowing time to clarify the parking space issue. Mr. Schaar said he was willing to do so, and will then attend the District 1 Community meeting to address their issues. Commissioner Vaught moved to lay over the matter for two weeks, allowing time to clarify the figures presented in the report by Larry Zangs and/or Mr. Zangs be present at the next meeting, No one seconded the motion. Mr. Schaar once again addressed the committee, that his previous establishments were legitimately run, and that police records will reiterate the problems were minimai. The public hearing was ciosed. Ms. Faust, responding to questions of Commissioner Kramer, stated that the parking agreement is the one that has been preliminarily approved by Mr. Zangs in the LIE office. Upon question of Commissioner Kramer, Mr. Soderholm cited the code that stated building owners with such shared parking permits, shall submit an annual statement to LIE which verifies the non- concurrent peak hours of the buildings involved with the shared parking permit and a list of uses of each building to verify no changes in uses which would require additionai parking. Commissioner Vaught called for the order of the day. Chair Field stated this was a non-debatable motion according to Roberts Rules of Order, and the committee moved on to the next item on the agenda. qq.�al Adopted Yeas - 0 Nays - 0 Drafted by: � Recording Secretary Submitted by: (}��� ����' Martha Faust Southeast Team :.= -�A�' �. .' _ . � ZONING CO�IbIITTEE STAFF REPORT FILE n 93-261 1. APPLICANT: LOUIE'S BILLIARDS NC. DATE OF HEARING: 10/15/93 2. CLASSIPICA"TION: Speciaf Condition Use Permit 3. LOCATION: 1990 SUBURBAN AVE 4. PLANNING DISTRICT: 1 5. LEGAL bESCRIPTION: Subj to RLS; The Fol Tracr, Lo[s 1�, 16,17,18 & 19 Block 20 Scenic Hills No. 5 6. PRESENT ZONING: B-2 ZONIYG CODE REFERENCE: §60.534(3) &§6430�(d) 7. STAFF I�'ESTIGATION AND T2EPORT: DATE: 10/2/98 BY; btaRha Faust 8. DATERECEIVED: 09/IS/98 DEADLINEFORACTIO\: 11/l3/98 a � PURPOSE: Specia( Condition Use Permit to al(o�v for a billiard hall business at the Scenic Hilis Shopping Center. PARCEL SIZE: The parcel tvhere the Scenic Hills Shopping is located is 76,762 square feet. EXISTING LAND USE: The property is currently used as a mini-strip shopping mall, which is a conforming use of the property. C. SURROUNDING LAND USE: The property is located along the Suburban Avenue shopping strip. To the north across Suburban Avenue is [ocated a gas station and a Byerly's supermarket (zoned B-2). To the �vest is a bank and a fast-food restaurant (zoned B-3). To the east are professionat offices zoned B-2, and beyond there is a mixture of single family, rivo famify, and multiple family housing east of Ruth Street (zoned RT-1 and RM-3). Immediately south of the property are the Creek Point Apartments, with two 117-unit three-story buildings (zoned RM-1). D. ZONING CODE CITATION: Sections 60.534(3} of the zonin� code permits operation of bowling alleys, billiard halls, iadoor archery ranges, indoor tennis courts, racquet batl....or similar forms of indoor commercial recreation subject to the findings detailed in k2 and �3 of this report. E. HISTdRY/DISCUSSIOY: Tfiere are no prior zoning cases related to this propert}'. DISTRICT COiTNCIL RECOMMENDATTON: The District 1 Communiry, Council, met September 28�' and voted to support the SCUP request. � � qa_ial � Zonin� File k9S-261 Pa�z Three �• Tlte trse n�i!! rrnt be detrin�eizlallo tl�e e.risling eharacter ojt/re developnzen� i�r t/te i»imediale �:eiehborhnod or e�:daneer tlre prrbtic Jreattle, sajet�� airdgeeera( welfare. This condition is met. Thz Dist�ict 1 Council, afrer hzarin� a presentation b� the applicant, voted to support the SCUP requzsc. The Battle Creek cop shop operates a few doors down in the czntec There i; a police officer ��Iio staffs thz cop shop from 5:00 a.m. to 2:00 p.m. Monda}'-Frida}�. A second officer is schedulzd from 7:00 a.m. [0 5:00 p.m., and makes regular stop; at thz shop. A dozen additional policz officers are assi�ned to the arza, and srop in ro thz shop frequznd}• to make phone calls, etc. 24 hours a da�•, 7 days a«ezk. 7hz nzarbv pulice preszncz act; a; an additional sun zillance of thz o��erall area. d. T/re arse �riU �r�[ iuiperle !/�e normal a�rd orderly rlevelopnieirt aud iu+p�oven�ei7/ ojNre strr�auirdiire property ju� «ses pe�nril(ed ia [!te dislrict. This condition is met. The surroundin� nei�hborhood is ful(y deaeloped «ith � commercial uses to the north, ���est, and east, and re;idential uses to thz ea;t and south. e. T/�e rrse slrall, in a!! otlrer respecls, ca jorni to !he applicable ree« ltrtio�as oj tlte dis�ric( ia wliich it is /ocared. This condition is met. H. STAFF I2ECO�I:IIENDATION: Based on findin�s ], 2, and 3 staff recommends approval of the special condition use permit to allo«� operation of a billiard hall. � � CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM Date: October 22, 1998 To: Planning Commission From: Lawrence R. Zangs - Zoning Specialist � ���— RE: 1990 Suburban Avenue -- Explanation of Zoni g Administrator's decision conceming shared parking for proposed billiard hall (applicant Louie's Biiliard, Inc.). ZF# 98-261 The Zoning Administrafor has determined that the billiard hall can meet the parking requirement through a shared parking arrangement, pursuant to St. Paul Leg. Code Sect. 62.106(4) which foilows. "(4) When at leasf one (1) of two (2) or more uses has a parking defrciency and fheir peak parking hours do not ovedap the zonina administratormav oermit fhe dual function of theiroff streef oarkinq spaces as lona as oeak �arkrno hours for the uses do not overlap and the uses within the buildinas do not change and thereby require additional off street oarkinq. Building owners with such shared parking permifs shal! submit an annual statement to LIEP which verifies the nonconcurrent peak parking hours of the buildings involved with the shared parking permit and a list of uses within each building to verify � no changes in uses which would require addifional parking." Based on information provided by the applicant about the shopping center, the calculations of parking requirements for the billiard hall are as foflows: Billiard Hail Eleven(11) tables -- requires two(2) parking spaces for each table or ..............22 180 square feet of game room area -- requires 1 space for each 75 sq.ft. or.....2 Total Spaces required for Billiard NaN ................................................................24 spaces The determination by the zoning administrator that the off-street parking requirements could be met with a shared parking permit is based on the foilowing analysis of the peak hours of busihesses in the shopping center : Pool Hall Business Hours — 11:00 A.M. to Midnight Peak Business Hours --7:00 P.M. to 11:00 P.M. {According to applicant) Eleven(11) businesses are closed by 6:00 PM, according to information provided by the owners of the shopping center. The floor area of these businesses tofafs 8476 sq. ft. Based on off- street parking code requirements for a multi-use retail center, thirty(30) parking spaces would be freed up to accommodate anticipated peak demands of the billiard hall. Also, the 2500 sq.ff. of space to be used by the billiard hail would have required nine(9) spaces as multi-use retail. These nine(9) spaces can be counted toward meeting the biliiard hall's parking requirement, as � well. The total off-street parking avaiiabie af fhe anficipafed peak time of the billiard hall wouid be 39 spaces. On Saturdays and Sundays nine(9) of these eleven(11) businesses, mentioned above, are closed ali day. ' ' ' ' :':� v � > ��_,� ,4 , �' � �t9 - ► �-1 =�`s` : i..'r y J r2 , :.,fi.: . <....; . ^�.�,;�Y `r"-%: - - _ "'— = =ti'. - :,;�.:=_: _ � 1Ac E `> . -� - :';ai?` Ya.. . . ��i�.[: �C� . " - - . ' �' - T �"`�� � � .. . . . �� ""_.:,�����,� ,:N'�:.'_" :_` '- r?� ��:".s (��"� . ' ` ,''- � 1 LCI - - - -_ ~-� ��:4�t.i`w - � -- � . . . 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FT. �riours of Operation 11940 Suburban Ave � 8400!M-F 830a - 9p, Sa 9a -9p Su 9a - 1994B Suburban Ave.� �OOO;M,W,Th,F 10a-Sp '1994A Suburban Ave. 542�M-F 9a -6p 1994C Suburban Ave 9501M-F 9a-Sp 1992 Suburban Ave. 2500 1992A Suburban Ave. 588�M-F 10a - 6p, Sa 10a-1:30p 1991 Bums Ave. 968�M-F 830a -530p 1993 Burns Ave. 610 M-Sat 4�11p 1995 Burns Ave. 335�M-F 9a-Sp 1995 Bums Ave. 1185 M-F 10a-8p, Sa 9a-6p � 999 Bums Ave. � 920�M-F 6:30a-6p, Sa 630a-Sp 2007 Suburban Ave. 639�M-F 10a-6p 2006 Suburban Ave. 800�T-F 9a-8p Sa 9a-12p 2004 Suburban Ave � 1173; 2002 Suburban Ave 925�M-T-Th-F 9a-6p, W 9a-Sp, Sa 9a-1 2000 Suburban Ave. 1067�M-F 10a-8p, Sa 10a-5p . 1998 Suburban Ave. 3233�M-Th 7a-9p F 7a-7p Sa Sa-4p Si 1996 Suburban Ave. 832 M-F 9a-Sp ., 2010 Suburban Ave. 308� 2008 Suburban Ave. 308 M-F 9a-5p 2016 Suburban Ave. 1000�M-Th 6�9p 2012 Suburban Ave. 748�M-F 8a-Sp 2014 Suburban Ave. I 33s! 1q-1�.� -=;;=�:. . . �;�,,,�, - _w..: - :,..;:. _ 'r : ',"�' r �' �"�-= � x �' .� '� ` �% ' �zizz�+ � T,. uE -n � � -je � � � To: Flanning an3 �conomic Development-Zoning Committee Re: Louie's Bi2liards file number 98-261 � At the 10 -15-98 Public Hearing, parking appeared to be a major concern, especially for Creek Point Apartments. I tracked the parking vacancies for 9 consecutive days at various times and wish to report the following: A. A total of 104 parking spaces exist. B. 13 counts between 11:00 AM and 6:00 PM averaged 76 vacant. C. 6 counts between 6:00 PivT and 9:00 PM averaged 83 vacant. D. 4 counts between 9:OOPM and Midnight averaged 102 vacant. E. PQore than 80 of the 104 parkino spaces are closer to I,ouie's front door than than the nearest Creek Point space which is nearly 300 feet away. Actual dates, Oct. 20 Tue. Oct. 21 irded. Oct. 22 Thr. Oct. 23 Fri. Oct. 24 Sat. Oct. 25 Sun. oct. 26 Mon. Oct. 27 Tue. Oct. 28 Wed. times, and vacancies follow: 6:3o PM 78 6:45 PM 80 4:3o PM 63 5:55 P�t 66 9�3o P;� 9g io:45 PM 103 11:15 AM 73 1:00 PM 73 3:0o PM 89 12: 4�5 PM 96 3: oo Pivt iol 3:00 PM 71 $:�0 PM 83 6:$5 Pi�I 73 11:50 AM 72 3: PM 62 5:3o Pr+� 64 5:55 Pr�� 75 $��5 PM 9� 9:10 Pt�! 101 9= 55 PM 102 Respectfully submitted 8�55 PM 96 6:10 Pa� 78 O` � Lew Schaar Pres. Louie's Billiards � � qq-ta1 � SPECIAL CONDITION USE PERMIT APPLICATION Saint Paul Zoning OJfece II00 City Ha1! Annex 25 West Fourtl: Sireet Saint Paul, MN 55102 166-6589 APPLICANT I Name �6:�i`��$ ����f..�/� a i Address City���—St.�lLt�iP .i �" Daytime phonefa/Z-S�r.��-�A�� Name of owner lif Aiffo�o.,r� ��ii� �-.r _�.. �� PROPERTY Address/Location LOCATION Legal description: Current Zoning �'�, eet if necessarvl TYPE OF P R T: �pplication is hereby made under the provisions of Chapter Section� � , paragraph 3 of the Zoning Code for a: �".Special Condition Use Permit 0 Modification of River Corridor Standards ❑ River Corridor Conditional Use Permit SUPPORTING INFORMATfON: supply the information that is applicable to your type of permit (attach additional sheets if necessary) • SPECIAL CONDITION USE: Explain how the use will meet eacfi of the speciai conditions. • RIVER CORRIDOR CONDITIONAL USE: Describe how the use will meet the appiicable conditions. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. y�'o�'e�'r� �l r���l�r���' °� 7�--'��' � �o � f �� � 6,//����i� ���-�e�������.�-,��, y /IG �'����;u i7 IZS ' �f^o �L ���'7 i o�ez7^ftc / �f'�f'�,s di i Appiicant's signature(1 �� � � Date����p�ity agent q-\S- Z' /^l� /'�?�0(� l ... DISTICOMMCNCL-D1NElJS Fax : 651-292-782g District 1 Community Council Districtl. �onway Recreaaon Center • 2090 Conway St� • Room 126 • St Paut, MN 55119 October 29, 1998 Mr. Litton Field, Jr. Chair, zoning Committee Planning Commission Re: eroject Name: Dear Mr. Eield: Zoning r'ile # 98-261 Louie's Billiasds, Inc. Special Condition Use Permit (612) 292-782x (612) 292•7829 PpX disrlco@mtn.org The District 1 Community Council held a hearing an the above- named matter on OcT.ober 20th. This matter was reviewed, again, at the full board mee[ing of District 1 on october 26th. At this most recent meeting, severa2 persons addressed the Boar.d including representatives from Creek Pointe Apartment•s, Chief of Police William Finney, and Lew Schaar (the applicant). Subsequent to Board discussion, the f.ollowing motion was passed: The District 1 Community Counci2 rescinds its past approval of the SCUP to allow operation of a bi2liard hall at Scenic Hills Shopping Center; and further, The District 1 Community Council will not be taking a position on the approval or disapproval of the proposed SCUP, opponents to the p=o)ect, including Chief P�.nney, indicate8 that a billiard hall at the Scenic Hi11s location would be detrimental to the existing character of the development in the immediate neighborhood and had the potential to endanger the area's general welfare, The majority of tne District 1 Board appeared to agree with this assessment. ��: naLny Lantry, Councilmember Gladys Morton, Planning Commis�ion Chair Chief wi2liam Finney Oct 29 09�39 . . � DISTICOMMCNCL-DINEWS Fax : 651 o�t �2 os:3� aq .,�.� � DistrictlCommunity Council DistrictlNews Conway Recreauon Center • 2090 Conway St • Room 126 • Sc Paul, MN 55119 (612) 292-7828 (612) 292�7829 aax distl co@mtn.org October 12, 1998 Planning & EconomiC Development 1300 City Ha.11 Annex 25 w. 4th Street Saint Paul, MN 55102 Fax Number; 228-3261 To PED: � The following cases have been brought before the Dlstrict 1 Community Council board, and decisions have been made for each one, The board met on Monday, September 28 to consider these cases. Case # 98-215: Steel Structures, Inc. Warehouse Terminal Construction, Red Rock Road The board unanimously approved the proposed construction by Steel Structures, Inc. as currently outl.ined and presented by Frank Wergin. Ca9e N 98-261; Louie Hilliards, Inc. 1992 Suburban � Saint Paul, MN 55104-0000 The board unanimously approved that this new business application be supported. Should you have questions or concerns, please notify the ➢3strict 1 Office at 292-7828. u a k u. � i � b kah L. Cross Community Organizer District 1 Community Council i CITY OF SAINT PAUL � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT ZOIVING CONIMTTTEE MEETING October 29, 1998, 3:30 noon INDEX Letter to Zoning Committee from Zamansky Professional Association dated October 29, 1998 regazding conditional use pernut for Louie's Billiazd, Ina (ZF #48-261) 2. Minutes to the October 26,1998 Meeting of the Boazd of D'uectors of Distdct 1 Community Council 3. Letter to Litton Field, Jr., Charnian of the Zoning Comtnittee, from Sheldon Johnson, President of the District 1 Community Council dated October 29, 1998 . � Q9-� �� � Zamansky Professional Association 390� �ns To���cr � Sain[ Paul 6uilctin� SO Souch Ei;l;[h 5[rcec ° ` 6ltic� FiFih 5[rCC[ . 55-4p2 Sain[ PauL \:A �SIO� (6I?� 340-q. �� �>` 297-0�00 T�i �,�,,,,;�,_��.` October29,1998 ficpl�� [.• \linneapolis OfficC � � Zoning Comxnittee City of Saint Paul Department of Planning and Economic Development 25 West Fourth Street Saint Paul, MN 55102 Dear Ladies and Gentlemen: The undersigned serves as legal couc�sel to the management of Creek Point Apartment Homes located at 1950 Burns Avenue, which is located directly across Ruth Avenue from the Scenic Hills Shopping Center. On behalf of the management of Creek Point, I request that you not approve the conditional use permit for Louie's Billiard, Ina (ZF # 98-261) for two reasons: (A) the general standards stated in the Saint Paul Legislative Code section 64300(d) have not been established as being favorable to a grant of the proposed principal use subject to special conditions; and (B) the proposed primary use subject to special conditions violates Saint Paul Legislative Code section 60.534(3). A. The General Standazds Stated in the Saint Paul Le gislative Code Section 64 300 �d1 Have Not Been Established. Pursuant to the Saint Paul Legislative Code section 64300(d), before the Commission may grant approval of a principal use subject to a special condition, the Commission is required to find that: (I) the extent, location and intensity of the use will be in substantial compliance with the City of Saint Paul Comprehensive Plan and any applicable subazea plans which were approved by� the city council; (2) the use will provide adequate ingress and egress to minimize traffic congestion in the public streets; (3) the use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare; (4) the use will not impede the normal and orderly development and improvement of the surrounding uses permitted in the district; and (5) the use shall, in all other respects, conform to the applicable regulations of the district in which it is located. At the District 1 Community Council meeting on October 26, 1998, testimony was przsented which brings into question whether many of the above findings can be established. � ansky Professional Asso_.. .�ion Zoning Committee October 29, 1998 Page 2 The extent, location and intensity of the use wi11 be in substantial compliance with the City of Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council The azguments presented in Section B. below estabiish that the proposed conditional use and location is inconsistent with the City of Saint PauPs Comprehensive Plan. In addition, there is no testimony that establishes that the extent, location and intensity of the billiard hall will substantially comply with the City of Saint Paul Comprehensive Plan and any applicable subazea plans where approved by the city council. Since the proposed conditional use is inconsistent with the City of Saint Paul Comprehensive Plan as established in Section B., the Zoning Committee must find that the proposed conditional use and location is inconsistent with the City of Saint Paul Comprehensive Plan. 2. The use wil7 provide adequate ingress and egress to minimize traffic congestion in the pubZic streets. Facts were presented at the District 1 Community Council meeting on Monday, October 26, 1998, which suggest that the proposed principal use will likely create traffic congestion in the public streets. Steven Schachtman, President of Steven Scott Management, the management company of Creek Poini ApartmenY Homes, testified that there used to be a bar in this neighborhood with simiiaz peak hours of operation. Mr. Schachtman testified that while the bar was operating in the neighborhood, not only were there increased calls to the police, but there was also a si�nifcant amount of tr�c congestion in the public streets during all hours of the baz's operation. There has been no testimony ihat the proposed conditional use will still provide adequate ingress and egress to minimize tra�c congestion in the public streets. Since there has been no testimony that the ptoposed conditional use will provide adequate ingress and egress to muumize traffic conges[ion in the public streets, and since the only testimony estabiishes that the proposed use will increase the amount of tr�c congestion in the public streets, the Zonin� Committee must find that the use will not provide adequate ingress and egress will not minimize the amount of traffic congestions in the public streets. � � . �tq�� "< ansky Professionai Asso�.. �ion � Zoning Committee October 29, 1998 Page 3 3. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. A majority of the people who spoke at the District 1 Community Council Meeting on October 26, 1998 stated their belief that this primary use wiil be detrimental to the existing chazacter of the development in the immediate neighborhood, and the public health, safety and welfare. 5aint Pau1 Chief of Police William Finney stated that problems with loitering, unattended youth, and break-ins would not serve the community weil. Chief Finney is familiar with the neighborhood and testified that Scenic Hills Shopping Center is not the right area to have a billiard hail. Chief of Police Finney acknowledged that the neighborhood has had problems with neighborhood safety, and that the neighborhood is now resolving such problems and making ihe community safer. Wallace Rosalez, a resident of and Maintenance Supervisor for Creek Point Apartment Homes, stated his opposition to the conditional use permit. Mr. Rosalez stated that currently his � children and other children who live in the Creek Point Apartment Homes play outside in the evenings with minimal supervision due to the safe nature ofthe community, Mr. Rosalez stated that with the loitering, unattended youth, and higher incidences of crime associated �vith the proposed primary use, he would not feel as comfortable letting his children play outside without heightened levels of adult superoision. Steven Schachtman, President of Steven Scott Management, the management company of Creek Point Apartment Homes, stated his opposition to the proposed primary use because issues of pazking, loitering, unattended youth, and possible break-ins of cars will lead to a deteriorating condition in the community, Mr. Schachtman informed the council that the ownership of Creek Point Apartment Homes has made over One Million Dollazs ($1,000,000) of reno��ations to improve the community and has also sponsored the Police Storefront. Mr. Schachtman stated his desire to see a business open in Scenic Hills Shopping Center which would serve the community more effectively. District 1 Council members Kathi Donnelley-Cohen, Mary Morelli, and Bill Stevenson a11 expressed concems about the operation of a billiard hall in the Scenic Hills Shopping Center. The concerns addressed the location and nature of the business. The council members stated their opposition to the operation of a biiliard hall in the Scenic Hills Shopping Center. As a result of the above testimony and other testimon � Council meeting on Monday, October 26, 1998, the Zoning Comm�tt e st�find that he u e be detrimental to the existing chazacter of the development in the immediate neighborhood and endangers ihe public health, safety and general welfare. �. ansky Professional Asso_._ �ion Zoning Committee October 29, 1998 Page 4 4. The use will not impede the normal and orderly development and improvemertt ofthe sztrrounding uses permitted in the district. At the District 1 Community Council Meeting on October 26, 1998, Saint Paut Chief of Police WilIiam Finney stated that problems with loitering, unattended youth, and break-ins would not serve the community v, Chief Finney acknowledged that the neighborhood has had problems with neighborhood safety, and that the problems associated with a billiazd hall could hinder efforts in the neighborhood to make the community safer. Steven Schachtman, President of Steven Scott Management, the management company of Creek Point Apartment Homes, testified that the ownership of Creek Point Apartment Homes has made over One MiIIion Doliazs ($1,OOQ000) of renovations to improve the community and has also sponsored the Police Storefront. Mr. Schachtman further testified that the owners of Creek Point Apartments would not continue to put money in[o the neighborhood if a billiazd hall were opened at Scenic Hills Shopping Center. � As a result of the above testimony and other testimony given at the District 1 Community � Council meeting on Monday, October 26, 1998, the Zoning Committee must find that the use wil] impede ihe normat and orderly development and improvement of the surrounding uses permitted in the district. S. The use sha11, in a11 other respects, conform to the applicable regulations of the district in which it is located. There has been no testimony that establishes that the use will, in all other respects, conform to the applicable regulations of the district in which it is Iocated. In the absence of such testimony or findings, the Zoning Committee must find that the use, in all other respects, does �ot conform to the applicable regulations of the district in which it is located. In conclusion, before the Commission may grant approval of a principal sue subject to a special condition, the Commission is required to find that: (1) the extent, location and intensity of the use will be in substantial compliance with the City of Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council; (2) the use will provide adequate ingress and egress to minimize traffic congestion in the public streets; (3) the use will not be detrimental to the e�sting character of the development in the imrnediate neighborhood or endanger the public health, safery and general welfaze; (4} the use will not impede the normal and orderly development and improvement of the surrounding uses permitted in the dishict; and {5) the use shall, in all other respects, conform to the applicable regulations of the district in which it is located. As � stated above, there has either been an absence of testimony on point with respect to the required findings, or the available testimony and evidence shows that the above requirements have not been �q-��-� ��._�ansky Professional Asso,.��cion � � Zoning Committee October 29, 1998 Page 5 established. THEREFORE, WE REQUEST THAT THE CONDITIONAL USE PERMIT FOR LOUIE'S BILLIARD, INC. (ZF # 98-261) BE DENIED. B. A Conditional Use Permit Wiil Violate the Saint Paul Legislative Code Section 60 534(31. Saint Paul Legislative Code section 60.534 (3) states that a billiazd hall shall be a permitted additional use under a B-2 zoning classification when located at least one hundred (100) feet from any residential lot in an adjacent residential district. The areas in w•hich the billiazd hall pairons will potentially be loitering and causing a nuisance will be in the parking lot of the shopping center. The pazking lot of the shopping �enter is located a mere sixty-three (63) feet from the closest residential district property line. One of the purposes of the distance requirement of the Saint Paul Legislative Code section 60.534 (3) is to protect the general health, welfaze and safety of the residential neishbors of businesses operating in B-2 Local Business Districts, and to prevent the problems associated with loitering and unattended youth (such as violence and vandalism) from affecting residential districts. The unattended youth and other patrons of the billiard hall who will be loitering and creating a nuisance in the parking ueas which service the billiard hall will be within less than one hundred (100) feet of the property line of Creek Point Apartment Homes. Since the parking area in which the loitering, violence and vandalism would occur is sixty-three (63) feet from a residential development and since the purpose of this code section is to keep those types of activities more than 100 feet from residential developments, the conditional use must be denied. If the conditional use permit is granted to the billiard hall, the desire of the city legislators to protect the general weifaze and safety of residential neighborhoods form the problems associated with loitering and unattended youth will be subverted. THEREFORE, WE REQUEST THAT THE COMMITTEE DENY THE APPLICATION FOR A CONDITIONAL USE PERMIT BY LOUIE'S BILLIARD, INC. (ZF # 98-261). Very truly yours, ZAMANSKY PROFESSIONAL ASSOCIATION ��'� �(� { ' �,�( � ; � �' / :� �� Matthew B. Co e �f � cc: Ronald A. Zamansky d:�mbc5letters\601-800\654.wpd DistrictlCommt�nity Council Distrlct 1 News Conway Recreadon Cen�er •?A90 Conway S[. • Room 126 • S�. Paul, MN 55119 MINIITES TO THE OCTOBER 26, 1998 BOARD OF DIRECTOR$' MEETI2dG HELD AT CONWAY RECREATION CENTER 7:00 p.m. (612) 29�782:� (612) 29�7829 Fnx distl co@mrn.org A. Meeting was called to o=der by Sheldon Johnson, President District 1 Community Council at '7:00 p.m. B. Quorum was established. Lloyd Peterson motioned and it was seconded by Otto Folger that the Executive Committee examine board member absences and detetmine which board members have had unexcaeeQ absences. Hy-laws state that three or more unexcuaed absences are grounds for resignation of the board. Unanimously approved by the board. Attendees: Bill Stevenson, Scott ArCand, John Douvier, Shaldon Johnson, Kathi Donnelly-COhen, Anne Burgeson, Loren Jonker, JoAnn Clark, Mary More111, Michael Engstrom, Owen Nelson, Tienne Otteson, Lloyd Peterson, Otto Folger, Sara Beekie Unexcused Absence: Randall Reetz C. October Agenda was approved with the additional presentation by US Wireless, representative Ju2ie Townsend. Sheldon Johnaon motioned for this change and it was seconded by Anne Burgeson. Unanimously passed by the board. D. Ouen Nelson motioned and it was seconded by Otto Folger to approve the September board minutes as aritten. Dnanimously approved Dy the board. E. Scott Arcand reviewed the Treasurer's Report, Stated that the financials for Dietrict 1 are in good order. Motion that the Treasurer'a Report be approved subject to a¢dit. Seconded by Lloyd Peterson. Unanimously approved by the boa=d. F, Presentation - Crime Prevention: Parris Getty. Unable to attend. ' G. Presentation - US West Wireless, Su11e Townsend Ju11e Townsend of US West Wirelss stated that US West wanted to erect a PCS wirelees communicatione antenna ` J f � u Rq - t �1 � support system at 215 McKnight Road. The antenna would set atop the apartment buildings located on McKnight Road and would consist nf three (3) sectors of two antennas each. The antennas, support frame and any additional equipment would not extend moie than Pifteen i15} feet abov� the roof line. An unmanned prefabricated equiment rack would be located on the roof of the apartment building. This support system wpuld a11ow for uni«terrupted w_reless services to customers with police, firefighter.s and motorists having greater flexibility of witeless phone choices, which will allow for more security when plaeing emergency calls. Board membess were concerned abouC notification of residents on this matter. Townsend stated that rlartna e'aust of Y�;U had notified the residents ot Lh15 possibie construciion, rurtner, Townsend sLatea nU residenL� f�acI t'aibe�i atiy ubjecLi.unS in c�eyaz'da L'G t1i19 111'e2tC2T. It was discussed by Otto Folger the possibility that the matter be referred to the Hearing Cor,unitL fiowever, it was determined that there would be no time for a � Hearinq Committee to adjourn as the City would be reviewing the matter on October 29th, 1995. L1oyd eeterson motioned and it was seconded by Owen Nelson that the construction of the antenna and its supporting systems be supported by the District 1 Community Council. - Otto Folger stated that it was important to note that the matter should be referrred to a Aeazing Committee as a matter of recora. Kathi-Donnelly c:ohen abstained from voting. The board unanimousiy approveri tne motion. H. District 1 News - Julie Lehr, Bi11 Stevenson, Otto Folger Julie Lehr presented to the board the Communication Meetings findings in regards to the District 1 News. Stated that it was extremely important that the board understand that the financial implications of the newspaper hinge on understanding the $ 5,616.00 that would be lost should the board opt to have no paper, This money represents fixed costs such as rent, insu=ance, telephone use, and cannot be supplanted by other sources. It Ss therefore important that this money be covered by newspaper revenue. Stated that the committee had investigated and reviewed . printinq costs and postage costs, and determined the ove=a11 monetary figure £or these items. Together, these items includiag the 5 5,616.00 come to jast oyer S 24,OQ0.00. While this does not leave much money for salaries, discussion with District 1 Staff indicated that staff is zeady and willinq to take on the additional responsibility for the newspaper. A1Z agreed that the newspaper was an essential tool for communications for District 1. It was further emphasized that it would be extremely important Chat the District 1 Comiminity Council hire a seasoned professional to se11 atis. This need is based on the belief that ef£ective ad revenue to maintain the newspaper is S 40,000.00, and thaC, in fact, the individual who sells ads must understand the nature o£ the newspaper business. Also stated that a new printer aill need to be purchased to handle tabloid paper. I Owen Nelson motioned and it was seconded by Lloyd Petarson that the District 1 Community Council proceed to assume publication o£ the District I News and that the search for an ad sales repxesentative begin. Uaani.mously approved by the board. Community Organizer's Report - Rebekah L. Cross Stated that most of the work in the last month has been devoced t� working on a newspaper agreement. Stated however that there is good news! District 1 Community Council has received the S 100,000 STAR grant £or the revitalization of the Suburban/I-94 area. �. Crime Prevention Coordinator - Pam Langton: NONE K. I, . Living at xome/alock Nurse Program - Anne Burgeson Stated L•hat the LAH/BNP is doing extremely well. Currently, have 92 clients and 25 volunteers, znd looking Pos more volunteers. 5tated that because the financial picture of the program is running so well, it will be necessary to extend the Robert Wood Johnson for approxinately three months. This is necessary because the program needs to apend its city and county monies. No board action was necessary Por this extension. Committee Reports Sheldon Johnson - President's Report Stated thar the Highwood Nature Preserve'e grand openiny occurred on Saturday, October 24. 2here was music, food and games for children. Some 20� r ' l.J � � ������ , people turned out fot [he event. Stated that the President�s Foru*.n will be held on Thursday, October 29 at 7:OG p.m. at Merriam Park District Council. Requested that a representative £rom District 1 should attend i£ at all possible. Johnson stated he would not be able to attend. Zf anyone is interested, please call him or the office_ Owen Nelson - Finance Nelson stated the Finance Committee met on october 20. Pinancial picture for District 1 looks quite good. Stated that the cotc¢nittee has begun the 1999 budget review with S 107,000.00 budgeted. This includes monies for running the newspaper. More on the 1999 budget in November. Bi11 Stevenson - Communication Meeting. Stated that all infonnation had been covered in presentatic,n. Anne Burgeson - Hearing Committee Stated that the Hearing Committee had met once to discuss Zouie Bil.liard's, Inc. to be located at Scenic Hills. This matter had been heard before the council at the Seotember � 28th, 1998 board meeting. At that rime the board voted in favox of supporting the application of Lew Scharr. At the Zoning Committee it was determined that the District 1 Community Council should have Hearing on the issue. The District 1 Community Council compiled. At the hearing only six individuals attended. Steven Schachtman of Steven Scott Management atterded and spoke in opposition to the business application as did Chris Mowry, property manager of Cr2ek Point Apartments. Issues raised Concerned parking, loitering, possible break-ins to cara. The Hearing Co�nittee made no formal recommendation to the board at the Octobez mesting, it merely gave an accounting of the hearing activities. At the october board the following occurred: Matthew Cohen, Attorney, for the owners of Creek Point Apartments, stated that his clients were in opoosition to the business application. Fie stated that the owners have made significant improvements in the amount of cver S1M to hhe apartments. Aaised the issue of parking and loitering, and also stated that police ca11s have dropped signficantly with all the improvements. Stated tliat having a billiard hali in Scenic Hi11s is simply nor. an option - it is the wzong aYea fos such a business and would once again Cause problems that would be seen • in increasing police calls to the community. Chris Mowry, property Managex fos Creek Point Apartments, stated that he is in opposition to the business proposal, j and maintained that it would only lead to problems for residents of the apartment. Mowry and Cohen both strongly urged the DistricC 1 Cammunity Council to rescind its former motion. Wally Rosolz, Maintenace Supervisor for Creek Point Apartments, stated that he is in opposition to the business proposai. Stated that the billiard hall would be located in rhe wrong area att@ woulri only cause problems. As a parent, he stated, he would be concerned for the safety of his �hildren. He, too, urged the board to rever.se its suppo=t to Louie's Billiards, Inc. Steven Schachtman, President, Steven Scott Management, Creek Point Apartments, stated that he is in opposition to the business proposal. Stated that issues of parking, loitering, unattended youth, possible break-ins of cars, wi11 lead to a deteriorating condition of the apartment. Stated that while he has no opposition to anyone runniny a legitimate business, the fact remains Por him, that the billiards hall should not be located at Scenic Hi11s, Stated as well that he has been instructed by the owners of Creek Point thaC the S 500.00 contribution for the storefront wi11 be withdrawn. A1so maintained that the storefront is needed and we11-regarded in the communi.ty • and serves a very usef.ul purpose. Howo_ver, the hours oE storefront operation do not coincide with those for the billiards hall. This in and of itself will Iead to problems. Stated that he would rather see a business that would serve the community more e£fectively be - established at Scenic Hills. Police Commissioner William Finney, Saint Pau1 Police Department, spoke in opposition to the billiard hall. stated that problems with loitering, unattended yonth, break-ins would not serve the community weli. Stated that he had no problem with the billiard hall pe= se but that Scenic Hills is not the right zrea to have such a business. He gave a brief history of the area inciuding the problems associated with the area as well as a brief history of his zelationship to Creek Point Apartments (it has gone through several name changesY. He, too, urged the council to reconsider and stated that this was not an issue of police storefront £unding, but rather of having a business ihappropriately located in area that has historically had problema, and that is now resolving these problems, znd making the community safer. Lew Scharr, owner o£ Louie's Billiard, Inc., stated that while he understands the objections raised by � those presant', he believes that the issues of parking have been adequately dealt with by the city. He. q,q -1�-1 � maintained that the other issues raised would be dealt with by his management. At this point the public hearing from the floor was closed. Sheldon Johnson asks the board for Co�nents and/or questions. Bill Stevenson stated that at the September board meeti.ng he should hzve spoken out in opposition to the business proposal. He stated that he was shocked at the presentation that was made by Officer Johnson, and that he would support such a business in that particular ar.ea. Stated that he would now vote in opposition to the business proposal. Kathi Donnelly-COhen stated that she, too, did not follow her conscious on this pasticuler issue. stated that she had doubts even wher. Lew spoke at the September boatd meetinq, but did not speak up. Has since qiven this matter a great deal of thought and says she, too, would vote 5,n opposition to the business_ � Mary Morelli stated that she also had doubts, and questioned the location of this business. She, too, expressed dismay that she did not speak up at Lhe Septemb�r board meeting. Tienne Otteson stated that this was a good lesson - for the board about speaking up when issues are brought before the board. The unfortunate thing about all this is that now Lew Scharr has invested a significant amount of time in this enterDrise and the owner of Scenic Hi11s was hoping to fi11 an empty space. Rebekah L. Cross stated that she spoke privately with O£ficer Mike 3ohnson concerning his advocacy of this business and stated she made it clear to him that as an ofPicer with the Saint Paul Police Department ir was incumbent upon him to not advocate in either direction. Otto Folger motioned that the board rescind its previous mor.ion of September 28th to support this business proposal in light of new information, and oEfer no recommendation to the city in regards to Louie's Billiards, Inc. Bill Stevenson seconded the � motion. Anne Burgeson dissented. The "aye's" overrnled the "nays." Motion passad to rescind previous motion to support Louie�s Billiards, Inc. in light of new information, and make no recommendarion,to the city. i I.. Loren Jonker stated the planning fo: Battle Creek Renovation was moving ahead we11. M. New Business - Owen Nelson stated that he is on the Ramsey-Washington Watershed Council. wanteri to know what could be done to limit phosphate use in water. Kathy Lantry stated she would check into the matter, and call the District I office. Meeting adjourned at 8:20 p.m. � �J a9 -� a..� � � � DistrictlCommunity Council District 1 News Conway Recreation Center • 2090 Conway St. • Room 126 • SG Paul, MN SS1I9 October 29, I998 Mr. Litton Field, Jr. Chair, Zoning Conunittee Planning Commission Re: Project Name: Dear Mr. Field: Zoninq File # 98-261 F.ouie's Billiards, Znc. Special Condition Use Permit (612) 292-7 (612)29?-7829 distl co@mtn.org The District 1 Community Council held a nearing on the above- named matter on Octobez 20th. This matter was reviewed, again, at the Pull board meeting of District 1 on october 26th. At this most recent meeting, several persons addressed the Board SncLuding representatives from Creek Pointe Apartments, Ghief of Police William Finney, and Lew Schaar (the applicant). Subsequent to discussioa, the following motion was passed: The District 1 Community Council. rescinds its past approval of the SGUP to a11ow operation of a billiard ha11 at Scenic Hills Shopping Center; and further, The District 1 Community Council will not be taking a position on the approval or disapproval of the proposed SCUP. Opponents to the project, including Chief Finney, indicated that a billiard hall at the Scenic Hills location would be detrimental to the existing character of the develogment in the immedl.ate neighborhood and had the potential to endanger the area's general welfare. The majority of the District 1 Board appeared to agree with this assessment. Chair • • ec: Kathy Lantry, Councilmember Gladys Morton, Planninq Commission Chief Williar� Finney aq- � �..� � � � � T0' 3�Jtid II:7T 86. 6Z 1J0 • • - — .– :�• � � , � _ � . .. _ � Zg, �SS� � = L-r`./�i� �.e.�,� �- . �.ai�,✓r�.�,,,, � �.ow-►� � � �'��.�e. 3r Gl.� ��-1, � ��.,,�.� !� sl.. � � � ��- � �- � �,�.� � 6 �J .I'S`-e. �,�•� � SU !J � ��( �,� S�i ��T �- �,.. �-k,�, �.�tir��,'� c� � . � �� � � ,��� �� ����� ,�� � �� �S . . u n�.S 4 c.�i�� v ��- C�-..P ���e�' �-�..� � �w�.�-�2. �Q-�- .�. ��-�.- -� � �eL,.�.�, �-t�.��'- �` �"„ ,��„�,�.�-,�;- � . � �,G"`" � �"''"•�' �"y � ,�., �`r r o S �,,�•.,(-z. ►J.� , f�, ,. 0� /il ,L. nr �� n T0'd Wd ZS=TO 86-6Z-1J0 �0 Recognition of retiring City employee Carolyn Weber, Public Health. ORIGINAL Presented By Referred To RESOLUTION CITY OF SAINT PAUL,IVIINNESOTA �_ Council File # Green Sheet # Committee: Date r` � ����o �' 2 WI�REAS, Louie's Billiazds, Inc., in zoning file 98-261 and pursuant to the provisions 3 of the Saint Paul Zoning Code, applied to the Saint Paul Plamiiug Commission [Commission] for 4 a Special Condition Use Permit for property commonly known as 1942 Suburban Avenue and 5 legally described as Subj. to RLS; The Fol Tract; Lots 15, 16, 17, 18 & 19, Block 20 Scenic Hills 6 No. 5; and 8 WI�EREAS, the Commission's Zoning Committee conducted public hearings on the 9 applicafion October 15�' and October 26�', 1998, after having provided notice to affected property 10 owners and thereafter submitted its recommendation to the Commission. The Commission, by 11 its resolution number 98-74 dated November 20, 1998, decided to deny the Special Condition 12 Use Permit Application based upon the following findings and conclusions; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 � � c. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is not met. Two representatives of the Creek Point Apartments spoke in opposition to the proposed billiazd hall. The Creek Point Apartments aze the neazest residential use to the proposed billiazd hall. The representatives stated their belief that this use will be detrimental to the existing character of the development in the immediate neighborhood. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the dish-ict. This condition is not met. After examining the parking requirements for this use, and the proposed shazed parking agreement, the Zoning Committee concluded that the use will not have adequate pazking due to peak parking overlap with other uses in the shopping center. The proposed shared parking plan will not be adequate to serve the use. Potential problems created by this inadequate parking would affect existing businesses and pazking availability for future businesses. The use shall, in all other respects, conform to the applicable regulations of the district in which it is Zocated. This condition is not met. As noted above, it is concluded that the use will not have adequate pazking, and the shazed parking pian will not be adequate to serve 1 the use. There is an existing pazking deficiency and peak pazking hours overlap. 2 There is no mechanism to prevent peak hours from overlapping, and e�sting �9' � a� 3 businesses were not a party to and gave no support for any shared parking 4 agreement. Therefore, the Zoning Committee concludes that since peak hours for 5 e�sting businesses overlap, and this overlap could increase in the future, a shazed 6 pazking agreement is not a feasible option for this use. 8 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Louie's 9 Billiazds, Inc., on December 4, 1998, duly filed an appeal from the deternunation made by the 10 said Commission and requested a hearing before the Saint Paui City Council for the purpose of 11 considering the actions taken by the Commission; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, acting pursuant to Legislative Code §§ 64.206 - 64.208 and upon notice to affected parties, a public hearing was duly conducted by the Council of the City Saint Paul on January 6, 1999 where a11 interested parties were given an opportunity to be heard; and WHEREAS, having heazd the statements made and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Plamiiug Commission, the City Council does hereby; RESOLVE, that the Council of the City of Saint Paul herehy �rms the decision of the Planning Commission in this matter. The applicant has failed to show any error in fact, finding or procedure of the Coxnmission. Accordingly, the Council adopts as its own the findings and determinations of the Commission contained in Commission resolution 98-74; and BE IT FURTHER RESOLVED, that the appeal of Louie's Billiards, Inc. is in all things denied;and BE IT FINALLY RESOLVED, that the City Clerk sha11 mail a copy of this resolution to Louie's Billiazds, Inc., the Zoning Administrator and the Planning Commission. Adopted by Council: Date � �b. � � Adoption Certified by Council Secretary $Y � � � �- . � n-- Approved by r: Date J 1( IZ g Requested by Depastment of: syc Form ApprS�ved by Cit Attorney gy; ✓ � 2.�= �� Approved by Mayor for Submission to Council &y: Council Offices Kathy Lantry, 266-8670 2/2/99 � WIIY6t fnR ROYTYIG OROER � TOTAL S OF SIGNATURE PAGES GREEN SHEET wrrn�n owoc,a. �19-1�� No 6351t� � usv�nauav � a�raac _, ❑ A141GL�EMCFtOR ❑ RYMOIIL�ERWIICRG ❑ MYOR�ORAfSlMli) ❑ {CLIP ALL LOCATIONS FOR SIGNANRE) Finalizing Gity Council action taken Sanuary 6, 1999, denying the appeal of Louie's Billiards, Inc..to a decision of the Planning Commission for property at 1992 Suburban Ave. PLANNING CAMMISSION CIB COMMI7TEE CML SERVICE CAMMISSION Hu tluc P�� e.�er rvrked uMer a eonGact M ihie depaAment? YES No Hes mic osnanl�rm ever heen e ei4i empbyee4 YES NO Dnec tlue 0� D�eess a sidll not ndmal�YP� bY enY curteM city emDloyce? YES NO ktlRS pe�conlRrm almye4etiveMaY� YES Pq ' . ,. .. _ "�`�� _ :� � �; k'q= . ...._ "� _ �a-�� OFtwWSAC710N f eoarm�ue auoeereo lcuca.e oqq YEE NO 80URCE ACTNRY Nt11�ER CITY OF SAINT PAUL Norrrs Coleraan, Mayor January 28, 1999 Nancy Anderson Council Secretary 310 City Hall 15 VJest Kellogg Blvd. St. Paul, MN 55102 Re: Appeal of Louie's Billiards, Inc. BZA File: 98-261 Public Heazing Date: January 6, 1999 Dear Ms. Anderson: OFFICE OF'I'I-� CITY ATTORNEY Clayton M Robinson, Jr., CiryAttorney Q� �`'�1 � Civrl Division 40QCityHal! Te[ephone:65i266-87IQ ISWestKelloggBlvd. Facsimile�6�729856/9 Saint Paul, Minnesota.5J102 HAND DELIVERED Attached please find a signed copy of a resolution memorializing the decision of the Saint Paul City Council in the above-entitled matter. Please place this matter on the Council's Consent Agenda at your convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, � ���� Peter W. Warner Assistant City Attomey PWW/rmb Enclosure UtYAK1MbN1'UMYLANNING & ECONOMIC DEVELOPIvfENT a9-la.j CTTY OF SAINT PAUL Norm Coleman, Mayor w� December 16, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: Telephone: 672-266-6565 Facsimile: 612d28-33I4 �v:; ..,.,< , : , : _... .. _ ..,, �;� � � ��� a � ,_�_, I would like to confirm that a public hearing before the City Counci] is scheduled for Wednesday January 6, 1999, for the following appeal of a Planning Commission decision denying a special condition use permit to allow a billiard hall: Appellant: LOUIE'S BILLIARDS, INC. File Number: Appeal of file #98-261 Purpose: Appeal a Planning Commission decision to deny a special condition use permit to allow a billiard hall. Address: 1992 Suburban Avenue Legal Description of Properiy: See file Previous Action: Zoning Committee Recommendation: Denial; vote: 5-0; October 26, 1998 Planning Commission Decision: Denial; vote: 15-0; November 2Q 1998 My understanding is that this public heazing request will appeaz on the agenda For the December 23, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please cali me at 266-6572 if you have any questions. Sincerely, i ) l 1��2/� �- C�Z�,.,"° ' Martha Faust City Planner cc: File #98-261 Lew Schaar Paul Dubruiel Geri Boyd Wendy Lane, LIEP 25 West Foro[h Street Saint Paul, MN 55102 • tmsrxun • NOTICE OF PUBiZC HEARIIHG . The Sainf Paul CiLy Councif will �conduct a public hearing "on Wednesday. January 6, i999, at 5:36 p�.m. in the City Council Chambers, Third Floor City Hall-Court House, to consider the appeal of Louie's Billiazds. Inc. to a decision of the Ptanning Commission denying a special condition use pe[miY to allow a billiazd hall at 1992 Suburban Avenue. � . Dated: December 17, 1998 - - NANCY ANDERSON . _ _ _ � " - - - - - . Ii551St8[it Clty COUIICI� $CCLCf.1Cy . IDCCCRIIIfT LJ. SJJH). _ ' " DEPARTMENT OF PLANNMG & ECONOMIC DEVELOPMENT Pamela Wheelock. Dvectw � CTTY OF SAIN'f PAUL Norm Coleman, Mayor December 23, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City HaII Saint Paul, Minnesota 55102 2J West Fourlh Street Sain[ P¢ul, 1v1.Y5i102 RE: Zoning File #98-314: LOUIE'S BILLIARDS, INC. City Council Hearing: January 6, 1999, 5:30 p.m. City Council Chambers aq-�a� Telephone: 6l2-266-6�65 Facsimt[e: 612-?28-3314 PURPOSE: Appeal a planning commission to deny a special condition use permit to allow a billiard hall at 1992 Suburban Avenue (Scenic Hills Shopping Center). PLANNING COMMISSION ACTION: Denial; 15-0 ZONING COMMITTEE ACTION: Denial; 5-0 � STAFF RECOMMENDATION: Approval SUPPORT: One spoke in support of the special condition use permit. The District 1 Planning Council initially voted to approve the special condition use permit, then held a second meeting rescinded its approval and voted to take no position on the special condition use permit. OPPOSITION: Two persons spoke. Two letters received in opposition to the special condition use permit. Dear Ms. Anderson: LOUIE'S BILLIARDS, INC. has appealed the decision ofthe Saint Paul Planning Commission to deny a special condition use permit to allow a billiard hall at 1992 Suburban Avenue. The zoning committee held public hearings on the request on October 15 and October 29, 1998. The applicant addressed the committee. At the close of the second public hearing the committee voted 5-0 to deny the request. The Planning Commission upheld the committee's recommendation for denial on a vote of 15-0 on November 20, 1998. This appeal is scheduted to be heard by the City Council on January 6, 1999. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, iZc ��� � Martha Faust City Planner � . Attachments cc: City Council members �q-I�l �J � city of saint paul planning commission reso6ution file number. 98-74 �` te, November 20, 1998 WHEREAS, LOUIE'S BILLIARDS INC., file #98-261, has applied for a Special Condition Use Permit under the provisions of Section 64.300 of the Saint Paul Legislative Code, for the purpose of allov.�ng abilliard hall business on property located at 1992 SUBURBAN AVE, legally described as Subj to RLS; The Fol Tract; Lots 15, 16,17,18 & 19 Block 20 Scenic Hills No. 5; and WHEREAS, the Zoning Committee ofthe Planning Commission held a public hearing on two dates, the first on October 15, 1998 at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code, and where oral testimony was received in opposition to this application. At that time the Zoning Committee moved to lay over the public hearing for two weeks to alfow the District 1 Community Council to hold an additional public meeting on October 26, 1998. On October 29, 1998, the Zoning Committee reopened the public heazing, accepting only written testimony pursuant to said application; and WHEREAS, Saint Paul Pianning Commission, based on the evidence presented to its Zoning Committee at the public heazing as substantially reflected in the minutes, made the following findinss of fact: Section 64300(d) of the zonin� code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: u rAl moved by seconded by . in favor Unanimous The use will not be det�imental to the existing character oftlte development in the immediate neighborJ:ood or endanger the public healtl:, safety and general welfare. This condition is not met Two representatives of the Creek Point Apartments spokeinoppositiontotheproposedbilliardhall. TheCreekPointApartmentsare the nearest residential use to the proposed billiard hall. The representatives stated their belief that this use will be detrimental to the existing character of the development in the immediate neighborhood. Field against b. The use wil! not impede the norma[ and orderly development and improvement � of the surrounding property for uses permitted in the district. This condition is not met. After examining the parking requirements for this use, and the proposed shared pazkin� agreement, the Zoning Committee concluded that the use will not have adequate parking due to peak parking overlap with other uses in the shopping center. The proposed shared parking plan will not be adequate to serve the use. Potentia2 probtems created by this inadequate parking would affect existing businesses and parking availability for future businesses. c The use sha!!, in al! other respects, conform to the app[icable regulations ofthe district in which it is located This condition is not met. As noted above, it is concluded that the use will not have adequate parking, and the shared pazking plan will not be adequate to serve the use. There is an existing parking deficiency and peak parking hours over]ap. There is no mechanism to prevent peak hours from overlapping, and existing businesses were not a party to and gave no suppoR for any shared parking agreement. Therefore, the Zoning Committee conc(udes that since peak hours for existina businesses overlap, and this overlap could increase in the future, a shared parking agreement is not a feasible option for this use. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the authority of the City's Legislative Code, the application for a Special Condition Permit to allow for . a billiard hall business at 1992 SUBURBAN AVE is hereby denied. �� LJ 99-►11 � APPL{CAT10N FOR APPEAL Department of Planning and Econamic Development Zaning Section II00 City Ha11 Annex 25 West Fourth Street Saint Paul, MN 55102 2b6-6589 APPELLANT PROPERTY LOCATION S NBme Louie's Billiards, Inc. Address P• Box 4708 City st. Pau1 St.M� Zip 55104 Daytime phone 53s-6078 Zoning File Name Scenic Ai11s Shopping Center AddfeSS/LOCati011 �990-1492 Suburban Avenue, St. Paul, M�i TYPE OF APPEAL: Application is hereby made for an appeal to the: (date of d GROUNDS FOR APPEAI: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. All of the ordinance's objectives, criteria and standards for Che issuance of a special condition use permit for a billiard hall business were met and satisfied. The Zoning Committee's Staff Report �see attached) dated October 2, 1998 concluded that all of the objectives, criteria and standards were met, and recommended approval of the requested permit. The decision by the Planning Commission was H based solely upon neighUorhood opposition which, in turn, was based upon ground- less and unsubstantiated fears concerning a billiard hall. No evidence warranting a denial of the requested permit was presented to the Planning Co�ission or referenced in their findings. The decision by the Planning Commission was arbitrary and must be reversed. See attached. 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DIST --�-- hiAP � ¢ �o tamily a.� S � '~ f� multiple lar,:'i .._.__ �Q O O � 6 ��I� V� r� ,or�;;� . ♦ � cor��z����= � e,,,� i�G�»s:�a! V vz�: , � i-: ,_ .�i�.: _ ,-. r . � : , � ,. . . �9 �. . _ . —' - _ � J . , E:� c,:�T y Saint Paul Planning Commission City Hall Conference Center 25 Kellogg Boulevard West A meeting ofthe Planning Commission of the City of Saint Pau[ was held Friday, November 20, 1998, at 8:30 a.m. in the Conference Ce�ter of City Hall. Commissioners Mmes. Duarte, Faricy, Geisser, Morton, Nordin, Treichel, and Wencl and Messrs. Present: Field, Gervais, Gordon, Kramer, Mazdell, Margulies, McDonell, Nowlin and Vaught. Commissioners Mmes. *Engh and Messrs. *Kong, *Johnson and Sharpe Absent: *Excused Also Present: Ken Ford, Planning Administrator, Jean Birkholz, Martha Faust and Larry Soderholm, Department of Planning and Economic Development. I. Approval of Minutes of November 6,1998 Chair Morton announced that the minutes of November 6, 1998 will not be approved today pendin� chan�es. II. Chair's Announcements Chair Morton announced that the Steerin� Committee met before the full Planning Commission meeting today. The Steering Committee recommends to the Planning Commission that there be a different approach to Yhe Capital Allocation Policy. Allen Lovejoy wil] interview different groups (City Councif, Mayor, CIB Committee, etc.), and some of the Ciry departments between no�v and the end of the year to get their feedback on three to six crucial issues affectin� the city to be highli�hted in the Capital Allocation Policy. The Steering Committee also had a discussion regardina the Nei�hborhoods and Current Planning Committee's meeting schedule for the rest of the year. The committee has suggested that we wait until after the beginnins of the new year to determine the work schedule for staff and go from there. Committee meetings will be scheduled as needed. The Steering Committee will be meeting �vith the district council presidents and or�anizers at 7 p.m. on Wednesday, December 9, 1998, to air concems of district councils and the Planning Commission. l_..J � There �vill be a pa�vn shop zonina study schedule discussed at a later time. A public heazing date wilt be determined at the next Plannin� Commission meetin�; the public hearine will be � held at a full Planning Commission meeting rather than at a Zoning Committee meetine. ��. � III. Planning Administrator's Announcements Mr. Ford announced that Mr. Mangine will not be present today because ihe joint City/County Committee has not yet finished there decision-making process on the location of the new adult detention center. City Council this week had a public hearing and took action on the appeal of the Planning Commission's decisions on the parking ramp proposed by JLT Properties for the site at Shepard and Davern. The appeal was denied on a vote of 5- 2 with much discussion. The City Councilmembers who voted against didn't feel there was a hardship. The City Council did, however, require that an additional condition be put into the resolution that the approval is not final until there has been a fuRher review by staff of the actual site plan details, materials for the ramp, etc. to ensure a good appearance. IV. Zoning Committee #98-261 Louie's Billiards Inc - Special wndition use permit to allow a billiard hall business at 1990 Suburban Avenue (MaRha Faust, 266-6572). MOTION: Commissioner Fiefd n:oved denial oftl:e requested special condition use permit to allow a billiard hall business at 1990 Suburban Avenue. � Commissioner Vaught noted that he was the dissenting vote at the Zoning Committee meeting because he did not agree with the resolution at that point. He wanted to note for the record that in approving this denial today he will not be voting for it because of findin� I.a., which he still does not a�ree with, and doesn't think there was sufficient evidence to support. He considers finding I.b and I.c to be, in and of themselves, sufficient to deny the application and that is the basis of his vote. Commissioner Field informed commissioners that he was absent from the Zoning Committee but he would echo Commissioner Vausht's concems with respect to l.a. He will vote to approve the denial with some reservation for that paRicular part of the resolution. The motion on tlre floor carried unaninzously on a voice vote. #98-283 Ali Nadimi - Speciaf condition use permit to allow outdoor sales of new aad used automobiles and modification of the minimum lot area requireme¢t (1�,000 sq ft required; 8,114 sq ft proposed) at 1730 University Avenue (Donna Drummond, 266-6556). MOTION: Commissioner Field moved to deny the requested specia! condition use permit to allow outdoor sales of new and used automobiles and modification of the minimum lot area requirement at 1730 liniversitr Avenue w/:ich carried unanimously on a voice vote. Commissioner Field informed commissioners that there �cas also a discussion of pa�vn shop zoning at the last Zoning Committee meeting No action was 2aken b} the committee. � Commissioner Field announced the ne�t meeting of the Zoning Committee «il I be held at 3:30 p.m., Mondav, November 23, 1998, in the City Council chambers. There are two items of new business and there will be a discussion of recommendations of the Advertising Sign Legislative Advisory Committee. v New Business Chair MoROn announced that she has asked Commissioner Wencl to chair the Nominating Committee and has asked Commissioners Field and Margulies to serve with Commissioner Wencl on the committee. Sug�estions should be brou�ht to the Nominating Committee's attention. Commissioner Geisser announced that the holiday/farewell-to-outgoing-commissioners party will commence at noon on Friday, December 18, 1998; the re�ular Planning Commission meeting will begin at 10 a.m. that moming in Room 40, as usual. Holiday festivities will be held in the Ramsey County Room (#317) of Landmark Center; Deco Catering witl set the table; notices will be sent. She encouraged members to get in their checks. VI. Comprehensive Planning CommiYYee Commissioner Geisser reminded commissioners of the joint City Council/Planning Commission public hearing on the Housing Plan to be held from 6:30 - 8:30 p.m., on Monday, December 7, 1998, at the Saint Paul Technical College. Parking passes wilf be available (Nancy Homans). VTI. Neighborhood Planning Committee Commissioner Faricy reported that they reviewed the Shepard Davern Gateway Plan at their last meeting. From no�v until the end of the year, the committee �vill meet as the need arises. They wilf be revie�vin� the a�endas for each committee for next year. Plans should be ready in January. VIII. Communications Committee Commissioner Kramer reminded staff to select a person to �vork on the 1998 annual report so that it w ill be completed before the middle of nexi year. IX. Otd Business Chair Morton asked about communication amontr quadrant leaders and Planning Commission liaisons because she has not heard about any. Mr. Ford sungested survey�ing the quadrant team leaders to see what communication has taken place from their point of view, and how iYs been useful or hasn't been, or what might be. He recollected some meetings very early on beriveen some staff and wmmissioner tiaisons. He noted that he has heard very little about it and he thinks the role has not meant ver} much in the last fe�� months. � � Chair Vtorton asked Commissioner Kramer «hat his and Commissioner Gervais� role has been with the Northeast Quadrant. Commissioner Kramer informed commissioners that on Tuesday he attended lunch at the Whiie Bear Avenue Business mee[ina: at �:30 p.m.. Tuesda}', he went to � a9'�al � the Board of Directors' meeting of the Northeast Neighborhood Development Company, and from there he went to the Steering Committee meeting of the Phalen Cortidor Initiative. He added that he, Gladys, and Larry attended a Payne-Phalen meeting on the Land Use Plan (official liaison function). Commissioners I{ramer and Gervais have not had a meeting with the Northeast Quadrant team leader, but the team leader has been at many of the same meetings as they have been. Commissioner Gordon reported that he and Commissioner Geisser met with the quadrant once, but it seems then the ball was dropped. He still thinks it's a good idea. Perhaps a report from the liaisons needs to be part of the Planning Commission agenda on a monthly basis. Commissioner Geisser thinks the liaisons are not clear as to what their function should be and ho�v they are usefulto each other. Commissioner McDonell said that he and Commissioner Field met once with the team leader. He feels the liaisons need to review the process aad the expectations of their role. He thinks iPs important for the team leaders to know what the Planning Commission expects. CommissionerNordin stated that she thought it was a very good idea afrer the first liaison meeting. Later she attended a meeting at Hamline University about a college housing proposal (not a liaison meeting). As far as she kne�v, there have not been any more liaison meetings. She has received mailin�s from associations welcoming her to their meetings but she can't go to all of them. � Mr. Ford su��ested that the Planning Commission quadrant liaison is a function that sounds good with no clear structure as to how it should be carried out. Perhaps the main thing a liaison needs is a notice of when meetin�s and projects are goin� on. PED staff could also try to make sure that the liaisons are on the mailing list that staff maintains for any meetings that they are involved in of community groups that are doing things in that quadrant. As far as meeting with the teams at their meetings, not all of the teams have a regular meeting schedule. Those meetinss usuall}� consist of a quick update on what each of the staff inembers are doina, much of which does not involve community planning or development projects that are of paRicular interest to the Plannin� Commission. Mc Ford didn't think the team meetin�s would usually be worthwhile for commissioners to attend. Structured meetin�s with the team leader and a couple of key staff on projects in the area might also be a �ood idea. Those meetings could be structured in conjunction with the presentations before the Commission by the team leaders. Mr. Ford will have more discussion with the team leaders in PED on this subject. Staff is open to ideas from commissioners. Commissioner Gordon opined that the meetings of the Commission liaisons with their teams would be useful; and then for liaisons to go out to other community meetinas on a more selected basis in coordination with the team leaders. He feels that the best �vay for the Plannins Commission liaisons to stay in touch with what is �oin� on w'ithin their quadrants is to attend the team meetin=s. He thinks a resular meeting schedule needs to be built into this relationship. Commissioner Geisser asreed «ith Commissioner Gordon. She thousht it miQht also be useful � for all of the liaisons to meet «ith all of the team leaders to structure the role of the liaison and set a meeting schedule. 0 Chair Morton asked Commissioner Nowlin about the Phalen Boulevard EIS. Commissioner Nowlin thought it was still in federai hands. X. Task Force Reports None. XI. Adjournment MOTION: Commissioner Geisser moved to adjourn; Commissioner Kramer seconded the motion wJrich carried unanimously an a voice vote. Respectfully submitted, Kenneth Ford Planning Administrator Approved �O �� / �` 4 (Date) ( U/���- �� �=� Esperariza Duarte Secretary of the Planning Commission � � � \planningUninutes.frm ��-ta1 � � Saint Paul Planning Commission City Hall Conference Center 15 Keliogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul ��'as held Friday, November 6, 1998, at 830 a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Duarte, Engh, Geisser, Morton, Nordin, Treichel, and Wencl and Messrs. Field, Gervais, Gordon, Kramer, Mardell, Margulies and Vaught. Mmes. *Faricy and Messrs. *Johnsoq *Kona, *McDonell, *No�vlin, Sharpe *Excused Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Beth Bartz, Nancy Homans, Larry Soderholm, Lucy Thompson, and Jim Zdon, Department of Plannin� and Economic Development staff; Tim Agness from Parks & Recreation; and Ken Greenberg, Director, Saint Paul Design Center. I. Approval of Minutes of October 23, 1998 MOTION: Commissioner Rran:er mnved approval of the minutes of October 23, I998; Corremissinner Mardell seconded the motian. Commissioners Vaught and Field added corrections to the minutes of October 23, 1998. 37te motinn on flie floor approving ihe corrected minutes of October 23, I998 carried unanimously on a voice vote. II. Chair's Announcements Chair Morton announced that Commissioner Geisser has sraciously offered to chair the holiday party this year. Commissioner Geisser added that this is a special holiday party because four of the Planning Commissioners will be retirin� from the Commission at the end of the }ear. The date for the holiday party is December 18, 1998; the Planning Commission meeting that moming �vill be shifted to a{ater time and the party will be a 3uncheon. Each member will contribute $25. Chair Morton announced that there will be a Steering Committee meeting at 7:4� a.m.. November 20, 1998. � IIL Planning Administrator's Announcements Mr. Ford apolo�ized for the packe[s arrivina later than usual due to equipment not bein� operable during the movin� procedure in PED. Mr. Ford announced that the Livable Communities Advi;ory Committee of the Metropolitan Council has completed their funding recommendations for this year's cycle and is � recommending to the Metropolitan Council full funding of Saint Paul's proposal for Main Street on Payne Avenue, a redevelopment projecf that involves duplexes, commerciat buiidings, and new housing near where the Achievement Plus School �vill be located. Mr. Ford noted that this process includes some ver}� interesting proposals for redevelopment ia Minneapolis and some suburban communities that give a good idea of what people are thinking about working on. The Planning Commission may want to have an overview of those proposals. Mr. Ford announced that he has left copies at each commissioner's place of the submission to the Metropolitan Council for an extension of the p(anning time for completing the Comprehensive Plan being done at the City CounciPs request. The City's Legislative Advisory Committee on Advertising Signs has made its recommendation to tl�e City Council; they have been referred To the Planning Commission. The City Council has laid over action on this item to January 20, 1999. Under that process there is a provision for special sign districts being requested by neighborhood organizations in the city. A few have been applied for. The appeal by Mr. Spiegler of the Planning Commission's action on the parking ramp by JLT PropeRies at Shepard and Davern will be before the City Council next Thursday (Veterans' Day is on Wednesday). Chair Morton referred to a copy of the letter that has no�v been passed out that she received from Greg McGee, Vice Chair of Highland District Council and Chair of the Community Development Committee, and a copy of her response in regard to the Trooien variance that was � aranted by the Plannin� Commission on September I 1, 1998. � Commissioner Treichel su��ested that the Steerin� Committee misht want to discuss it. Cfiair Morton responded that the Steerin� Committee will be discussin� it at the next meetins. IV. Zoning Committee �98-270 West 7`"/Fort Road Federation - Rezone from RT-1, I-2 to RT-2 to allow for a new construction townhouse development consistin� of 22 units at 37� Colbome, 381 Colbome, 383 Colborne, 387 Colborne, 391 Colborne, 397 Colbome, 398 Duke, 412 Duke, & 497 Palace (Jim Zdon, 266-6i59). MOTION: Commissioner Field moved to recommend approval of tlie requesf tn rezone fronr RT-I, I-2 to RT-2 to allow for a nerv construction rown/:ouse development consisting of 22 units at 375 Colborne, 38l Colborne, 383 Colborne, 387 Colborne, 391 Col6orne, 397 Colborne, 398 Duke, 4I2 Duke, anr! 497 Palace, w/:ich carried unanimous[y on a voice vote. �98-274 Saint Paul Department of Parks & Recreation - Special condition use permit to allo�v for the esistino facilities of the harbor operation. includine a mainrenance garage on a concrete slab & hvo portab(e buildinas, to be relocated from the lower harbor area to the upper harbor area at Harriet Island Reeional Park (Nlartha Faust, 266-6�7Z). MQTIOni: Commissioner Field moved approval of tJre requested special condition use permit to allow for tke existing facilities of the /:arbor operatiorz, inc(uding a maintenance � garage on a concrefe slab and two porlable buildings to be relocated from tke lower harbor area to the upper harbor area af Harriet Island Regional Park, which carried unanimously �_�a� � on a voice vote. #98-275 Ronald J. Severson - Appeal of the denial by the Zoning Administrator of a site plan for a carriage house & garage at 420 Portland Avenue between Arundel & Westem Avenues (Beth Bai 266-6580). MOTION: Commissioner Field moved to deny tl:e appeal of t1:e denial by tl:e Zoning Adnzinistrator of a site plan for a carriage Itouse and garage at 420 Portlarad Avenue beriveen An�ndel and Western Avenues. Commissioner Vaught informed the Commission that he would not vote on this issue; he would not participate in any discussion regarding this issue; he has not paRicipated in a discussion on this issue in any way; and he has not discussed the substance or the procedural issues of this matter ��ith any member of the Commission prior to the vote. Commissioner Treichel asked if the applicant can correct the 1990 lot split? Ms. Bartz responded that the onfy way to make the lot split valid would be for the property owners of 415 Summit Avenue, which is the remainder of the parcel, to apply for a rear yard variance, which would then bring that structure into conformance. The condominium association that owns that piece of property has not been willing to come forward and do that. The motion on tl:e floor carried unaitimously on a voice vote wiUe Commissioner Vaught not VOtllia. � #98-277 U.S. West Wireless - Special condition use permit to allow construction of a PCS wireless communications antenna support system at 218 Kiplin� Street between Hilldale Avenue & Lower Afto� Road (Martha Faust, 266-6572). MOTION: Commissioner Field moved approval of t/:e requested specia! rondition use permit to allow constrrtction of a PCS wireless communications antenna suppart system at 2I8 Kipling Street, wkich carreed m:animous[y on a voice vote. �98-261 Louie's Billiards Inc - Special condition use to allow a billiard hall business at 1990 Suburban Avenue (Martha Faust, 266-6572). Commissioner Field informed commissioners that Mr. Warner is workino on a resolution for this case. MOTION: Commissioner Field moved for an extension of two weeks jor this case so that the appropriate resolution can be written and reviewed Commissioner Vausht stated that he voted aoainst the Committee's decision because he feels there is not evidence to support the decision of the Committee inasmuch as it �vas based on the alle�ation that somehow the presence of this particular faciliry at that location would be detrimental to the Qenerai heaith, «eifare and safeh of the communit}. There �vas a lot of anecdotal discussion includin� some discussion of the Police Chief at a district council meeting. �chich �vasn't accompanied by an} factual basis. There �vere a lot of alle�ations of the all ofthe � evils that would come from this particular billiard half at this location. but there was a decided absence in the record of any hard facts. Commissioner Vausht stated that he did find the parking to be deficient and he thinks that the shared paskin� aQreement, �vhich the Zoning Administrator approved, doesn't conform with the code. He said he couldn't persuade any of the other cornmissioners that that ought to be the reason this request should be turned down. Commissioner Kramer commented that there was significant discussion on the parking � arrangement at the Zoning Committee meeting and it was his impression that the parking deficiencies, the inadequate parking agreement, and the concerns of the neighborhood all needed to be part of the resoluYion; they were accepted as part of the motion for denial. Commissioner Gordon stated that he wants to emphasize that the parking issue was a concem for all of the commissioners at the Zoning Committee meeting. Commissioner Vaught's disagreement, as he understood it, was to the extent that the motion went beyond the parking issue. TI:e mntion on theJloor to extend t/ris case for two weeks carried on a voice vote. Commissioner Field pointed out to Zoning Committee members tltat the next Zoning Committee meeting on November 12, 1998, will be held in Room 40 of the City Hall Conference Center. He then read the agenda for that day. V. Guest Presentation: Ken Greenberg, The Saint Paul Design Center Mr. Ford commented that the Saint Paul Desi�n Center was established to help the City collaborate �vith other interested agencies and businesses involved to implement the Saint Pazd on the Mississippi River Development Framework with appropriate attention and priority for the urban desi�n issues that are foremost in that plan. When the Steerintr Committee a few months a�o deve]oped a list of aQencies and departrnents in � the City they thouaht it wou(d be worthwhile for the Commission to hear from them to understand things that are goin� in the city relative to the Commission's interest of city plannina, the Desi�n Center was amons those. Tim Agness, the managin� director of the Design Center, and Lucy Thompson, PED's staff inember who is spending a�ood deal of her time with the Design Center are also here today. Saint Paul was fortunate to engage the services of Ken Greenber�, who lead the consuttant team on the Saint Pa:d on the Mississippi River Development Framework and to help the City� with the overall direction of desia centers. Mr. Greenber� is here today to share with the Commission what is �oing on with the Desi�n Center. Mr. Greenberg began by saying that four yeazs a'o when Ken Ford, Dick Broker and Patrick Seeb came to visit him at the University of Minnesota where he �vas working on the Master Pfan, to talk about the possibility to do some work in Saint Paul, he had no idea that it would turn into such an extraordinary voyage leadin� to the Framework and into this new initiative, «hich comes out of the Framework, which is the creation of a Design Center in Saint Pau(. There has been an interim Design Center, which operated for over a year. Tim Agness, Lucy Thompson and Tom Eg�um were key members of that team. lt proved the value to this community of having a group of key staff inembers cutting across disciplinary lines working to�ether on Yhe collective projects of city buildina. What is happening in Saint Paul is �vhat is to 6e found in all of the ke� cities that have had a grea[ resureence: Philadelphia, San Francisco, Ne�r York in earlier years; Bosion. CincinnaTi, Providence, Portland in current years. They are all part of this ne�� movement of returnina to city centers. [n Europe, Berlin, Amsterdam, Barcelona. and Paris have had a ven similar esperience. In Saint Paul, he believes, something has been created �vhich is uniquely tailored to the culture � of this cin . The siructure is not exactly like any other that he is aware oE Iu distinguishing a�-�1� � feature is that is has one foot inside city government and one foot out. Through the involvement �vith Riverfront Corporation and its board; the involvement of the University of Minnesota; iYs affiliation �vith the Capital City Partnership; and the continued involvement of inembers who are key staffers of all of the City departments who have a role in shaping the city, this had the potential to draw on the unique strengths and ways this community comes together around issues. The Design Center is basically a place of forum, an opportunity for collaboration, a hub of expertise, information sharing, and first and foremost, it is a service agency. It provides opportunities for value-added to the activities that people are undertaking anyv✓ay. The Design Center will do four things over the course of the next year: I) create a resource which will consist of many things, one of which (workine with the University of Minnesota) will be a fully operational CAD model ofthe four square miles covered by the Framework in three dimensions available for use by the public, by desi�n professionals; to be eventually extended to the nei�hborhoods; 2) involved in key projects as they emerge, and to look at how individual efforts can be refated to achieve the maximum synergies and the greatest benefits; 3) provide some guidance on strategic use of capital funds; all of the agencies that are involved in the business of renewing the fabric and the infrastructure of the city. Each time a ciry is renewed there is an opportunity to modify the environment slightly in aid of emerging design objectives. 4) Is intended to be a public forum, a place where the issues of the day relating to city design are focused; where there are lectures, discussions, symposia, opportunities for designers of key ne�v projects that are coming along to present their drawings and models to the community to have them discussed; �vhere school chitdren can come in and see ho�v their city is evolving; to take all of the things that are read about in the pages of the newspaper and make them much more real and tangible to people; �ive them the opportunity to experience how the � real place is chan�ind. The Desion Center is currently lookins for a place to locate. Ideally, it would be a location which ��ould have a storefront component so that it's �'eq visible, very easily accessible and very invitin� to the public. In summary, 4vhat the Desi�n Center will do and is alread} doin� in the community is to create the climate for strone project collaboration, to ensure that the principles of the Framework, which have been adopted by the Cih, are implemented to help ensure good design and to take the lead in collaboration with al! of the other aaencies and departments in pushin� oppoctunities that are no�t on the horizon in Saint Paul to the limit in terms of what they can achieve and contribute to the community. It is a very exciting time in Saint Paul. Mc Tim Aeness then addressed the Commission to flesh out more of the details of how the Design Center wi(I actually operate ho�vever, he admitted that one of the advantaQes/ disadvantases of following Ken Greenberg is that he sums up every�thinQ pretty quickly. Mr. Asness commented that the Design Center is not a bunch of new' people but is all the people of the community (developers, Cih staff. other aoencies that are interested in rebuildins Saint Pau!), �vho have been �vorkinQ together. y The Desisn Center hub «iIl be a place of ener�}, information, acticin and ideas. It has a set of unique plannins and desien tools If �oir are a dz�efoper. �ou are soing to find a place on sveet level that «iil be open and im itin�. �ou ��'ill be able to see throueh thz �rmdo�� that there are � people workinQ on the three-d computzr model. people leznina o� er desks and ��orking on initiatn es that are tal:ins place toda�. and are pfanning for ones that �t-i1; taf:e place in the future. This is not a ne�� sroup of people. It is alI of the same people uho are no« �vorkina together. The Desi�n Center is the hub where they come tooether. Inside the hub. you will find a display and library of the plans and documents in Saint Paul. It will have somewhat of an auditorium feature so that you will feet very comfoRabie when you walk in. Throughout the facility there � �vill be models and drawings of the things that are going on in town. If you are new to the area or here as a developer from some other city and have an interest in Saint Paul, hopefully, this will be the place that you can put together what is going on in the private sector of development, in the Parks Division, in Public Works, in P(arming and Economic Development, in the Port Authority, etc. The goals of the Design Center ace to have project collaboration, to implement the principtes of the Frarnework, and to produce good urban design. Mr. Agness closed with the notion that planning and design cannot remain to be thought of as somethin� extra, something beyond what really should be done, fluf£ This model will track what is being done in Saint Paul and how each project influenced the area (post design analysis). Commissioner Gordon noted that many of things talked about are missions of PED or missions of the Plan�ing Commission and asked ho�v the Design Center plans to liaison wiYh PED and �vith the Planning Commissioa Mr. Greenberg replied that hopefully, the Design Center will noi duplicate efforts of PED or the Planning Commission, but will actua((y connect them to each other in a more effective way. Mr. Greenber� emphasized that they resisted the temptation to create a sort of parapfanning oraanization outside of the normal structure, and instead have created a matrix organization so that people who are currently in PED, in Public �Vorks, in Parks, in real estate, in the Port Authority, in the Capital City Partnership, in the Riverfront Corporation, in their norma! jobs, have in effect gotten a second passport (membership in the Design Center). They bring the things they are already workin� on to the center where Yhey will � si[ do�vn and �vork with tUeir collea�ues in all of the other a�encies to produce a more effective and very hands-on, very informal, and sometimes very creative kind of communication that pushes the ed�e of the em�elope. For examplz, he cited the Northeast Quadrant where around the Yable are people from all those �roups so that simultaneousl}', the wfiole group can consider modifications to the street pattem, improvements to the street scape, the role of public spaces, planning issues. heritage preservation issues, eta He called it a lieht touch addine to all the things that are already happenine. Commissioner Enah asked about the relationship between the Desi�n Center and Capital City Partnership. Mr. Greenbero replied that John and his staff have been amon� the key architects of the Design Centec The Desion Center sees the facility and the tools that will be created as ke;- components ofthe Saint Paul's marketin� pro�ram to be used by Capital City Partnership, PED, and the Port Authorit}. Commissioner Mardell asked �vhere the center is located now. Mr. Greenber� replied that the Cenrer is currently operatin� from the Riverfront Corporation offices and is usinQ rooms in City Hall for meetines. -[ he hope is that the Desien Center �vill have its own space early in the new �ear. Mr. Aeness added tha[ e�en ��hen there is a hub, the Desisn Center will still be located throuehout the ciiv. Commissioner Nordin asked ho« oftzn the� met and �ahat ��ill �ou see ��hen �ou �caii: into the Desisn Center hub. �Ir. Agness responded that «hen �'ou �val(: into the Desisn Center you should be able to see a desisn smdio in action in a communit� facilin �tihere dialooue takes � place. It �vill feel venr open. There will also be literarure that esptains what [he services and tools of the Design Center are and how there are used. The Center probably �vill have regular a9-��.� � business hours with rotating staff available. Mr. Greenberg added that the new space will be shared with the Riverfront Corporation so that all the common areas will be common to both and some of the staff �vill be common to both. In addition, it will be a place where drawings, plans and models of what is current in Saint Paul can be displayed. Commissioner Geisser stated her concern for a place at the table for someone from the Planning Commission, or that the Commission can assist in some way. Mr. Greenberg welcomed the assistance. Commissioner Treichel noted that she had visited the Design Center in Chattanooga, which began �vhen the city �vas in terrible shape. Fifreen years later Chattanooga has completely turned around. Commissioner Treichel asked whether she could be as optimistic as she wanted to be about design centers being the mechanisms today to help recreate cities. Mr. Greenberg responded that he thought she could be extremely optimistic. He said that Americans are getting very excited about cities again. After decades of neglect, as Saint Paul has experienced along with many cities in America, Saint Paul is on the up curve. The planning field had become somehow detached from physical reality and had become more and more abstract and sYatistically based. The Design Center is so important because it is bringing people back to the reasons that they do things; the physical places that are created become important; that design and function collaborate to create a place for the life and activity that goes on there. Mr. Agness added that about a year ago, they visited design centers throughout the U.S. to find out what they had done right and what they had done wrong to get a feel for what should be done in Saint Paul to get the Design Center up and running successfully. � Commissioner Nordin asked if the Desion Center had weekly/bi-�veekly meetings and an agenda or minutes that could be sent to the Plannin� Commission. Mr. Agness said that they currently meet weekiy. Over the past year they have been tracking projecis. Aoendas are difficult to put together because it is mostly a report on what each individual has been tracking and a discussion of that They don't have the staff to put to�ether minutes. Chair Morton thanked Mr. Greenber� and Mr. A�ness for coming today. There is a great deal of interest on the part of the Plannin� Commission and it would appreciate any information that can be fonvarded. Chair Morton announced the joint public hearin� on the Sctint Pazd Hozrsing PZan and Summary and General Policy: The Saint Pazd Comprehensive Plan with the Ciry Council from 630-8:30 p.m., on December 7, 1998, at Saint Paul Technical College Auditorium. VI. Comprehensive Planning Committee Commissioner Geisser announced that the next meetin� is scheduled for 4 p.m. on Wednesday, November 18, 1998. VII. Neighborhood and Current Plannine Committee �o report. � 4TII. Communications Committee No report. IX. Task Porce Reports Commissiorter Gordon announced that the Ayd Mill Road Draft EIS is close to going public. The next round of STAR small grandloan applications are due February for $20,000 or less. Regarding the STAR Board, there has been a lot of comment lately about the problems with low and moderate income housing. Commissioner Gordon has discussed �vith the STAR Board's chair, the possibility of using the STAR monies in the next large round of grants and loans to give a priority to low and moderate income housing projects. Chair Morton asked Mr. Ford if he knew the whereabouts of the Pha(en Boulevard EIS. Commissioner Kramer chimed in that the last he heard, it was hun� up in the U.S. Transportation Department. Mr. Ford replied that he could not give a better answer. X. Old Business None. XI. New $usiness None. XII. Adjournment The meeting was adjoumed at 9:44 a.m. Recorded and prepared by Jean Birkholz, Planning Commission Secretary Plannine and Economic Development Department, City of Saint Paul Respectfully submitted, Kennet Ford Plannins Administrator Approved ����/�� (Date) �-f i 'T"1/L!/�iL ^ �� . 1, /Gf/ r Esperanz Duarte � Secretarv of the Plannino Commission � � � \pfannino�[rmtes.frm °f°I'� �� • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard «'esf A meeting of the Planning Commission of the City of Saint Paul �vas heid Friday, October 23, 1998, at 830 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Geisser, Morton, Treiche] and �Vencl and Messrs. Field, Gervais, Present: Gordon, Kong, Kramer, Mardell, McDonell, Nowlin and Vaught. Commissioners Mmes. Engh, *Faricy and *Nordin and Messrs. *Johnson, *Margulies and Sharpe Absent: *Excused � Also Present: Ken Ford, Planning Administrator; Jean Birl;holz, Beth Bartz, Martha Faust, Tom Harren, Larry Soderholm and Mark Vander Schaaf, Department of Planning and Eco�omic Development staff. I. Approva] of Minutes of October 9, 1998 l�TOTION: Commissinner McDonell moved approval of the min[rtes of October 9, 1998; Commissio�ter Gervais seconded Ute n:otion which carrled unanimously on a voice vote. II. Chair's Announcements rione. III. Planning Administrator's Announcements �i�r. ��rd's �nier�ph�n� �� n�t tv�rl2in�.� Mr. Ford announced that the Ciry Council has referred the Billboard Task Force recommendation to the Planning Commission; and has approved the rezoning for the senior housing on Upper Afton Road. Planning Commission's actions at the JLT Parking Ramp have been appealed by the owner of the apartments adjacent to the site. I�'. Zoning Committee ���mmi�i�n�e Fi�ld'� mier�ph�a� ��-�� n�t �ti�rlein�.� � �98-261 Louie's Billiards Ine. - Special condition use permit to allou a billiard hall business at 1990 Suburban Avenue (Viartha Faust. 266-6�72) Commissioner Field stated that there was no recommendation from the Zoning Committee. � ���rnmi�i�n�r �m�r'� mi�ph�n� t� n�t v�rl�ing.) MOTION: Commissioner Kramer movetf den:ia! of t/re requested specia[ condition use permit to allow a billiard ha[! business at 1990 Suburban Avenue on the basis that it dnes not conforn: to t/:e necessary reguirements jor s/:ared parking; seco�eded by Contmissioner Gervais. ����mi�Qi�n�x ��u�ht'� �niec�ph�n� �va� n�t �v�rking.a MOTION: Co»:missioner Vaugkt moved to re-rejer t/te matter to t/ee Zoning Committee for consideration of info�n:ation witF: regard to sltared parking; seconded by Commissioner Geisser. Commissioner Vaughi inforrned Commissioners that at the Zoning Committee meeting, he considered the information cvith respect to shared parking (a shared parking azrangement that wou(d be required if the Zoning Committee were to approve it), to be quite inadequate. It was not even typed; it was scribbled on a piece of paper and si�ned by Larry Zangs, and none of the Committee could make very much sense of it in terms of tvhat it meant Mr. Zan�s was not abie to be present at the meeting. Commissioner Vaught noted that he made a motion afrer the conclusion of the public hearing to table the matter ia order Yo consider exactly what Mr. Zangs said; no one seconded the motioa There was some discussion, and at a point where the discussion ceased and no one made a motion, Commissioner Vausht stated that he called for the � order of the day (a le�al parliamentary maneuver) in the absence of a motion on the floor. The chair granted his point and the a�enda moved on. No one appealed the chair at that particulaz time. This motion would send iT back to the Committee as thoueh the motion Yo table tivould have been granted at the Zonins Committee meetintr, and would allo�v Mr. Zan�s to come to the meetina and explain what he meant by what he �vroie. Commissioner Field stated that at the Zoning Committee, he announced that the public hearing ��as dosed prior to the committee discussion. ���m�ni�i�n�r ��e��n's mier�ph�ne s�ans t� � ���rkin� but at a l�zv�x l�v�l t1a�a tesual.a Commissioner Gordon said that as he understands it, there wiii no�v be additiona[ information availab(e, information that �vas not avai[able at the [ast pubiic hearina and some people may �vant to direct their comments to the ne�v information. He questioned ho�v they could do that if the public hearing is closed? Commissioner Field commented that the Committeejust needs clarifcation on staffs information. Commissioner Gordon added that some member of the public mieht «ant to disasree with any ne�c staff information. Ther didn't have an oppottunit� to respond to it at the public heazing. Commissroner Vaueht informed members of the Comrnission thac if the public hearins is � a q-la1 � reopened, new public hearing notices will need to be seat. He doesn't necessarily oppose re- opening the public hearing, but havina been at the meeting, he is convinced that whatever it is that Mr. Zangs has to say is not goin� to chanae the opinion of anybody who appeared at the previous hearing. ���mmi�ssi�ner t�[�D�a�ll'� miereoph�n� i� ���rYcing, but at a I��v i�v�l,a Commissioner McDonell said that he assumed that Commissioner Vaught's motion to refer this case back to the Zoning Committee is a priority motion over Kramer's motion to deny. In the spirit of a friendly amendment, Commissioner Gordon moved to amend Commissioner Vau�hYs motion to re-refer to the Zoning Committee to permit additional testimony on the shared parking issue. The friendly amendment was accepted by Commissioners Vaught and Geisser. Commissioner Kramer stated that he did not support re-opening the public hearing because none of the testimony at the previous public hearing related to the shared parking agreement and there was no controversy over the shared parking agreement. Commissioner Vaught acknowled�ed that what Commissioner Kramer said was correct, and reminded Commissioners that the 60-day deadline for this case is November 13, 1998. Since that is the case, the public hearing coidd not be on the next Zoning Committee agenda because � of a public liearin� notice requirement, and it �vould not be able to be on the Plannin� Commission agenda again until after November 13, 1993. The deadline could be extended, preferably with the applicanfs approval, so that a public hearing could be conducted. SUBSTITUTE MOTION: Commissioner Field moved tl:at the public Itearing for this case be not re-opened, but that the record be kept open to accept written comment unti13:30 p.m. October 29, I998; Commissioner Kran:er seconded tlte n:otion. Commissioner Gordon said that as he understands an estension of a case, either the applicant can a�ree to extend or the Plannin� Commission can extend it without the appiicant s agreement. �Vith respect to Commissioner Kramer's comment about none of the testimony at the public hearin� referrine to the shared parking agreement, Commissioner Gordon feels even more stronely that the Commission has an obligation to inform the public ofthis additiona] staff information and then al(ow [hem to respond to the new information relatin� to the shared parkin� aareement. MOTION: Commissioner Field moved to call Uze question wl:ich carried unanimously on a voice vote. TI:e substitute motion on tlre f7oor to i:ot re-open tlae perbtic hearii:g of case �98-261, but to allox• the record oper: for written conan:ent unti13:30 p.»r., Tl:ursdav, October 29, 1998, carried on a roll call vote of 10 - 4(Geisser, Gordon, ROlto, Treichel). � #-'98-262 St. Anthom' Manaaemen2 for D'iatt Krustritz - Consideratior of a nonconformins use permit to allo�� leeal escablishment of a nonconforming u;e, a leaal office RM-Z district at 607 Grand Avenue (Beth Bartz, 266-6580). MOTION: Commissioner Fie[d n:nved approval of the re9uest to consider a nonconforming use permit to a!!ow lega[ estab[is/�ment of a noncanforming use, a legal office in an RM-2 rfistrict at 607 Grand Avenue w{rich carried unanimotrsly on a voice vote. Commissioner Field read the a�enda for the next Zonin� Committee meeting scheduled for Thursday, October 29, 1998. V. Guest Presentation: Mark Vander Schaaf, Geoaraphic Information Svstems, Their Sianificance for Plannina and Pro�ress in Saint Paul. ('I'h� p�di��m mi�r�ph�ne was ��ehing ��il.a Mc Vander Schaaf reminisced about working with PED for rive(ve years and having made many more frequent presentations to the Plannina Commission then and shortly thereafter. He noted thaY he reco�nized some familiar faces (and it rvas good to see them) from rivelve years a�o. ! Mr. Vander Schaaf stated that he will cover some very basic things about GIS and how it works. It wifl be helpful to understand the building blocks because every complex usa�e of GIS builds on some fairly simple principles. He said he �vill also talk a bit about how GIS is being used and developed in PED. He will finish up on how GIS is being used and developed in City government and beyond. � He explained that the GIS movement is toward integraTina various departments and users into a broader system. GIS is a technolow that really blossoms when it's part of a computer nerivork or an enterprise-wide nehvork. One of the reasons why GIS has developed in PED or maybe, not developed the way that it has, has to do with the fact that about five years ago PED began to learn about the possibilities of networkin� GIS with other City departments. PED started doinQ desktop mapping usin� Mapinfo Software, and was told tfiat at that time, MapInfo didn't have the ability to use data that came from work that was bin� done by Public Works, and that there was a sofrrvare that would have that ability and PED shoatd be ready to move to that other sofnrrare, and PED a�reed to do that. However, PED found out that the other sofnvare only ran on a Windows environment, which PED did not have at that time. When PED adopted a Windows environment rivo years ago, it began using ArcVie�v Sofhvare, which give PED the ability to integrate with other City departments. Mr. Vander Schaaf stated that his comments today tvill fall into three basic topics of GIS: I) Thematic Mapping, 2) Address Location, and 3) Geocodine. Thematic M�pins Needs a set of boundaries: e.s., plannina districts. Cit} Council ��'ards. zip codes, census blocl: groups, etc. Needs a set of data for each area: e,a.. population. povem� rates. median nousinQ values, etc. � q9 •t�.l � Choose data set and produce map ComQlexities Number of categories Defining the range for each category Cobrscheme Address Location Prerequisite: a base map (centerline street map) Type in address and it will be instantly located relative to base maps This is an important way that some routine Zoning �� ork can be speeded up. When someone wants to know how a property is zoned at a particular address. This used to take a cal( back after the zoning person looked it up. There would usually be a big backlog of addresses you had to look up on paper. No�v, you can do that fairly quickly. Geocodina List of addresses compared to center line street file (Data in centerline street file includes address ran�es for each street seament) Geocoded data estimates location of each address As a point � Relative to address range Geocoding is a special application of address locatine. It takes a]arge m�mber of addresses and finding out where they are al] located. The example Mr. Vander Schaaf displayed was thai of the number of jobs in downtown Saint Paul. This used to be a very laborious task that wasn't very accurate. The raw data from the State of Minnesota helped a great deal. You start with the list of 8,000 businesses and compare their addresses to the addresses on the centerline street file. ��oma�i�ion�r'�r�te��l's mierophoae �s �ot �rt�in�.� Commissioner Treichel asked if there is capacity to put into the system how the median income is projected to increase for the next five years and combine that with information for a housina pro�ram. Mc Vander Schaaf responded that GIS displa} s and analyzes in a fairly sophisticated way whatever data is given to it. We will have to fiQure out in some other way what the expected median income will be in the future — GIS cannot tell us that. Once you put that data into the GIS system, it can display and analyze it very quickly in a map form. You need to go back to more conventional techniques for demographic projections. Mr. Vander Schaaf continued to explain how the �eocodin� �vorks to ans�ver the question of ho�� man}' }obs there are in do�vntown Saint Paul. ��om►ni�ioa�r �ard�llas mtcropko�� w� aot worki��J Commissioner Mardell asked if GIS is available to the public. bfr. Vander Schaaf repiied that it can be. He would talk about that later. GIS in PED The software PED uses is ca[[ed ArcView. ArcView is made by ESRI (Environmental Systems Research Institute}, the targest GIS sofhvare company. ESRI is totalty owned by Jack and Laura Dagermond, a husband and wife who started out 30 years ago as a small consufting firm dealing with environmental issues. As time went by they began making some sofhvare to help analyze issues; one thing led to another, and before they knew it, they were making what was becoming regarded as the best GIS sofrware available. Jack Dangermond has an undergraduate degree from the U of M in urban piaaning and a masters in landscape architecture from Harvard. He has a good vision of how GIS should serve society. PED staRed using ArcView because it is a kind of a middle of the-road versioa. It is noY the most sophisticated sofrware you can use. The next step up, the standard sophisticated ESRI software is called ArcIrtfo, which a lot of the more detailed Public Works geographic data is in. One reason PED adopted ArcView is because it can pull in infrastructure data from Public Works even thou�h we can't make it. Now, the primary use of ArcView in PED is a mixture of functional and geographic teams' perspectives. The second big use is in zoning and land use. Mr. Vander Schaaf stated that one way GIS could be avai(abte to the public and more broadly available to staff is through a browser software, which can be downloaded off the Intemet on your home computer, called ArcExplorer. � When PED works with other City depaRments and key community partners and Ramsey � County, GIS work can become very interesting. Now, PED has online access to Ramsey County raw data, and can use it as it wants in an unlimited sense, and to some extent, can share it �vith people outside of City government. The City is working toward an "enterprise GIS.° The City has a variety of types of data on particu(ar properties, but it is in many different departments in vastly different ways, Some have one kind of database; some have another, some have no database at a[L Piecins data to�ether on a particu(ar property or a particular set of properties or on a neighborhood can become very frustratina. The big question is how does the City or a paRicular department get the risht data formats and the right sofrivare to enable people to pull in data from housing inspection people, from LIEP, from the Police Department, and combine it on a map. It seems to becoming [ncreasingiy urgent to do this othercvise there wii( be departments duplicating databases and there witl be a lot of ine�ciencies. Saint Paul's planning districts, community clevelopment corporations, and local colleges are ail eager To get this daYa and work with it for purposes of serving the communit}�. GIS data is becoming in great demand wiTh the new desien centec A consultant is comin� in to tivork with Cih departmenu on the enterprise GIS issue. � The people �vho run the Citv s Interne[ Website in Citizens Service Office are beginnin� to look at «hat are the best ways to put out some of this data to the u'hole public on ffie Intemet. I�J q� . l �1 � Mr. Vander Schaaf expects the next couple of years to be extremely interesting in terms of how does the City put all these pieces together to give us somethin� that can really increase the City's abitity to have good insights and make good policy based on geographic information. Mr. Vander Schaaf concluded his presentation with a question and answer period. VI. Comprehensive Ptanning Committee Commissioner Geisser announced that the scheduled November 4'" meeting is on hold. VII. Neighborhood and Current Planning Committee Mr. Ford announced that the October 27` meeting is canceled. VIII. Communications Committee No report. IX. Task Force Reports, etc. Commissioner Gordon reported that the STAR Board recommendations were approved by the City Council. � Commissioner Kramer announced that there wi11 be a dedication for the groundbreaking of the Ames Lake Wetland held Friday, October 30, 1998. A flyer w�ill be sent to each commissioner. He also reported that he and Chair Morton attended a dedication ceremony yesterday for a 13- acre park in Highwood. Commissioner Mardell con�ratulated Commissioners Kramer and Nowlin on the recent announcement of the bus garaee beine located to the Cayuga site. Commissioner Gordon asked about the 5'h Friday Discussion schedu]ed for next Friday, October 30, 1998. Mr. Ford responded that it will be canceled. Commissioner Geisser asked why commissioners were sent the packet on Curfew Street. Mr. Ford rep(ied that commissioners were sent copies of the letters because the letters �vere addressed to the Planning Commission; a copy of the response letter was also in the packet. The response states that there is very little that the Planning Commission can do, but staff is continuing to do some work to make sure that the communih or�anizers and the owners of the business who could let these people drive throuoh their entrance and avoid using Curfew Street work out the best solution possible. Commissioner Geisser added that realtors in the area ought to be tellins peopie when they are buyin� a home there that irs in an industrial area. Commissioner Gordon suesested that Chair Morton assisn a Plannins Commission member to serve �vith Ms. Drummond in �corkine with the problem of Curfew Street. � Mr. Ford announced that the date for thejoint public hearing on the Housino P(an Drafr and the Summary and Genera[ Policy Chapter of the Comprehensive Plan has been set for Monday, December 7, 1998, at Saint Paul Technical College. Chair Modon announced that since pazking might be a probtem that evening, Ms. Nancy Homans is going to look into gettin� permits for pazking. X. Old Business None. XI. Ne�v Business None. XiI. Adjournment The meeting was adjoumed at 10:08. Recorded and prepared by Jean Birkhotz, Planning Commission Secretary Planning and Economic Development Department, City of Saint Paul Respectfally submitted, Kenneth Ford Planning Administrator Approved �/ /� /� � (Date) Espetan D�uart `��� Secretary of the Planning Commission � �� � ������ ►, J MINUTES OF THE ZONING COMMITTEE Thursday, October 29, 1998 - 3:30 p.m. City Council Chambers, 3rd Floor City Hali and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Gordon, Kramer, Morton, Vaught and Wencl Gervais Peter Warner, Assistant City Attorney, Beth Bartz, Geri Boyd, Martha Faust, Larry Soderholm and Jim Zdon of PED The meeting was chaired by Commissioner Wencl. LOUIE'S BILLIARDS INC. - Zoning File 98 - 261 - Special Condition Use Permit to allow for a billiard hall business. Martha Faust, PED, distributed additionai information submitted to the Zoning Committee previous to the meeting. Ms. Faust stated that the staff report had not changed from what was presented two weeks prior. Ms. Faust stated staff recommended approval of the Special Condition Use Permit. Ms. Faust also distributed the minutes from the District 1 Planning Council, which after meeting, rescind their past recommendation of approval �and wiil be taking no position on the application. Upon question of Commissioner Kramer, Ms. Faust stated that the code measurement was done from the nearest corner of the building to the nearest property line. Mr. Soderholm confirmed the code measurement requirement from the code book. ln further response to Commissioner Kramer, Ms. Faust stated that the nearest residential property line is taken from a plat map. Larry Zangs, Zoning Specialist, of the LIEP office for the city of St. Paul appeared. At the question of Commissioner Kramer, Mr. Zangs stated that restaurants and billiard halls are classified as non- retail. Mr. Zangs explained that this building given its size is multi-use retail. He further explained that traditionally they take the definition of multi-use building with mixed use in excess of 20,000 sq. ft.. Mr. Zangs stated that he used the calculations for the billiard hali taking the parking calculation as it appears in the code 61.03. Mr. Zangs stated that this use is more the kind of use in a multi-use situation and the 1 to 280 sq. ft. is applicable especiaily on the Rufe of 5. Mr. Soderholm explained that the Planning staff did a study in 1993 of parking standards, atwhich time the codes were changed, and with multi-use buildings generally the parking requirement is lower because the various uses will have different peak times. At the question of Commissioner Vaught, Mr. Zangs stated that there is a parking deficiency for this use and the option then is to look at shared parking. He explained the applicant indicated fiis peak hours, and he then looked at the time the other tenants were closed, therefore, creating available parking spaces. �mmissioner Faricy stated thai this has been discussed long enough and calied the question. There was no further discussion, and Commissioner Morton moved to recommend denying the Special Condition Use Permit. The motion was seconded by Commissioner Kramer. Zoning Committee Minutes Louie's Billiards, Inc. (98-261) October 29, 1998 Page 2 Commissioner Vaught stafed that he wil� not vote on this issue on fhe basis presented. � Commissioner Morton stated that while in item #C on the staff report used the existence of a police storefronf as a basis for recommending approval, this was not a valid finding because the police storefront could desist, and wouid no longer support the proposed use. The motion was called recommending denial of the Speciai Condition Use Permit. Adopted Drafted by: Yeas - 5 � � ���� %.:.��:C Geri Boyd Recording Secretary Nays - 1 (Vaught) Submitted by: � / ��`�� Martha Faust � Southeast Team Approved by: 8arbara Wencf ~� Chair � � q`I'��� � MINUTES OF THE ZONING COMMITTEE Thursday, October 15, 1998 - 3:30 p.m. City Council Chambers, 3rd Floor City Hall and Court House 15 West Kel{ogg Boulevard � PRESENT: EXCUSED: ABSENT: OTHERS PRESENT: Field, Gervais, Kramer, Morton, Vaught and Wencl Faricy Gordon Peter Warner, Assistant City Attorney, Beth Bartz, Geri Boyd, Martha Faust, and Larry Soderholm of PED The meeting was chaired by Commissioner Field. LOUIE'S BILLIARDS - Zoning Fi{e 98 - 261 - Special Condition Use Permit to allow for a billiard hall business. Marfha Faust, PED, gave a slide presentation and reviewed the staff report. Ms. Faust stated staff recommended approval of the Special Condition Use Permit. She further stated that a letter was received from the District 1 Community Council requesting that this case be laid over to October 29 This wouid ailow the tenants of the building who were not notified because they are not property owners, the opportunity to express their opinion about this project in a community forum. In response to Chair Field, Ms. Faust stated that initiaily she had received a letter from District '[ supporting the Special Condition Use Permit and that she was faxed the letter regarding the lay over this morning. Upon question of Commissioner Vaught, Ms. Faust stated that the legal status of the property is receivership, and that the appiicant can provide more detail. Commissioner Vaught stated that at the Planning Commission meeting, it was requested that Mr, Zangs be present. Mr. Soderholm explained that he talked with Wendy Lane on October 14"'• and with Larry Zangs who was out ill, at 9:00 a.m. that morning. Mr. Zangs had expiained the ca4culatioris to him. Because many of the businesses would be ciosed after 5:00 p.m., freeing up approximately 3Q� � additional parking spaces, the Planning Administrator would be able to issue a shared parking agreement if the Special Condition Use Permit is approved by the Planning Commission. Upon further question of Commissioner Vaught, Mr. Warner stated that Mr. Zangs works for the Zoning Administrator (Wendy Lane). Zoning Committee Minutes October 12, lggg Louie's Billiards (98-261) Page 2 Mr. Soderhoim referred to his copy of the code, and responded that the Planning Administrafor would have the authorityto issuea shared parking agreement, aswouid the Planning Commission. Mr. Soderholm further stated that it was his understanding that Mr. Zangs calcutations tfiat were submitted, were a preliminary calculation, and that if the Special Condition Use Permit were approved by the Zoning Committee and then the Planning Commission, a formal approvat of a shared parking agreement would be written. Upon question of Commissioner Kramer, Ms. Faust stated fhat the maps, hours of operation, etc. submitted were from the applicant, and thaY was the information Mr. Zangs used to calcuiate the parking. Commissioner Wenct expressed concern with the validity regarding the police station in findings #C of the staff report due to the fact ffiat it cou(d be moved from the center at any given time. lew Schaar, 1300 Wilson, apartment 1205, appeared. Mr. Schaar explained that he was requested by Larry Zangs to provide a site plan, a business layout, and a sheet with all of the 6usinesses square footage, and their hours. Hefurtherexplained that regarding the parking, given the square footage, he would need an additional 14 parking spaces. At the question of Chair Field, Mr. Schaar expiained that the vacant space at 1992 is 2500 feet, and that is the space that he wiii be occupying. Thaf particular space wouid require 24 parking spaces of which under normal ca4culations only ten would exist. Ms. Faust responded to Chair Field, stating that the correct address is 1992 Suburban Avenue, not 1990. Mr. Schaar further expiained his understanding was thaf the property as a whole is listed on the tax rolls as 1990 (a single unit). The other numbers identify each unit within. Mr. Schaar stated that he met with District 1 Community Council artd addressed all of fheir concerns. He also stated that he visited with many of the businesses in the buitding. Upon question of Commissioner Kramer, Mr. Schaar sfated that the Property Manager of this site, is Mike Connor, of 8attle Creek Properties. He has been the ongoing property manager. As of now, Mr. Connor is not the official manager because of the receivership situation. The day he signed the lease, was the first he became aware that Mr. Connor was no tonger the property manager, and Towle Management had become the management company of the cerrter. Atl contact had been done with Mr. Connor. At the questiort of Commissioner Morton, Mr. Schaar stafed he no longer operates his per�l haii in the Midway area. No one spoke in support. Steven Schachfman, Steven Scott Management Inc., 5402 Parkdale Drive, Suite 200, Minneapolis, appeared. Mr. Schachtman stated tF�at he represents and manages for the owners of CreEk Poirtte apartments, a 234- unit apartment compiex across from the facifity. He stated that the ovrnerjust invested one miilion dollars in capital improvements to their properfy. Mr. Schachtman further stated that the owners have contributed five hundred dollars a year to fund the Potice substa6on located in the facility. � � �� � � � Zoning Committee Minutes Louie's Biiliards (98-261) Page 3 Mr. Schachtman expressed concems of possible parking issues if this poot hali is aliowed. He also expressed his concems regarding possible problems with customers, efc. He urged the committee to not lay this item over but to defeat it. Chris Mowry, 4056 vctoria Street, on site property manager of the Creek Pointe apartmenfs, located at 1950 Burns Avenue. Mr. Mowry stated that spillover parking from the biiliard hall is one of their biggest concerns. Residents who have a right to be at the apartments won't have a place to park. The ofher concern is what wili happen when the establishment closes, and whether there wouid be any loitering in the area potentialiy leading to property damage or altercations, etc.. Mr. Schaar reappeared for rebuttal, stating that no onewas conveniently forgotten, and stated that he said that he spoke with some in the neighborhood. Mr. Schaar's immediate concern was the neighboring businesses in the shopping center. At the question of Commissioner Wencl, Mr. Schaar expiained that there would be 11 pool tabies and 8 video games. Mr. Schaar submitted a draft of the interior layout of the hall. In response to Commissioner Kramer, Mr. Schaar explained that there would be "original container� vendor food sold on the premises. He further stated that the primary activity is pool. Chair Field requested consideration of Mr. Schaar to a lay over for two weeks allowing time to clarify the parking space issue. Mr. Schaar said he was willing to do so, and will then attend the District 1 Community meeting to address their issues. Commissioner Vaught moved to lay over the matter for two weeks, allowing time to clarify the figures presented in the report by Larry Zangs and/or Mr. Zangs be present at the next meeting, No one seconded the motion. Mr. Schaar once again addressed the committee, that his previous establishments were legitimately run, and that police records will reiterate the problems were minimai. The public hearing was ciosed. Ms. Faust, responding to questions of Commissioner Kramer, stated that the parking agreement is the one that has been preliminarily approved by Mr. Zangs in the LIE office. Upon question of Commissioner Kramer, Mr. Soderholm cited the code that stated building owners with such shared parking permits, shall submit an annual statement to LIE which verifies the non- concurrent peak hours of the buildings involved with the shared parking permit and a list of uses of each building to verify no changes in uses which would require additionai parking. Commissioner Vaught called for the order of the day. Chair Field stated this was a non-debatable motion according to Roberts Rules of Order, and the committee moved on to the next item on the agenda. qq.�al Adopted Yeas - 0 Nays - 0 Drafted by: � Recording Secretary Submitted by: (}��� ����' Martha Faust Southeast Team :.= -�A�' �. .' _ . � ZONING CO�IbIITTEE STAFF REPORT FILE n 93-261 1. APPLICANT: LOUIE'S BILLIARDS NC. DATE OF HEARING: 10/15/93 2. CLASSIPICA"TION: Speciaf Condition Use Permit 3. LOCATION: 1990 SUBURBAN AVE 4. PLANNING DISTRICT: 1 5. LEGAL bESCRIPTION: Subj to RLS; The Fol Tracr, Lo[s 1�, 16,17,18 & 19 Block 20 Scenic Hills No. 5 6. PRESENT ZONING: B-2 ZONIYG CODE REFERENCE: §60.534(3) &§6430�(d) 7. STAFF I�'ESTIGATION AND T2EPORT: DATE: 10/2/98 BY; btaRha Faust 8. DATERECEIVED: 09/IS/98 DEADLINEFORACTIO\: 11/l3/98 a � PURPOSE: Specia( Condition Use Permit to al(o�v for a billiard hall business at the Scenic Hilis Shopping Center. PARCEL SIZE: The parcel tvhere the Scenic Hills Shopping is located is 76,762 square feet. EXISTING LAND USE: The property is currently used as a mini-strip shopping mall, which is a conforming use of the property. C. SURROUNDING LAND USE: The property is located along the Suburban Avenue shopping strip. To the north across Suburban Avenue is [ocated a gas station and a Byerly's supermarket (zoned B-2). To the �vest is a bank and a fast-food restaurant (zoned B-3). To the east are professionat offices zoned B-2, and beyond there is a mixture of single family, rivo famify, and multiple family housing east of Ruth Street (zoned RT-1 and RM-3). Immediately south of the property are the Creek Point Apartments, with two 117-unit three-story buildings (zoned RM-1). D. ZONING CODE CITATION: Sections 60.534(3} of the zonin� code permits operation of bowling alleys, billiard halls, iadoor archery ranges, indoor tennis courts, racquet batl....or similar forms of indoor commercial recreation subject to the findings detailed in k2 and �3 of this report. E. HISTdRY/DISCUSSIOY: Tfiere are no prior zoning cases related to this propert}'. DISTRICT COiTNCIL RECOMMENDATTON: The District 1 Communiry, Council, met September 28�' and voted to support the SCUP request. � � qa_ial � Zonin� File k9S-261 Pa�z Three �• Tlte trse n�i!! rrnt be detrin�eizlallo tl�e e.risling eharacter ojt/re developnzen� i�r t/te i»imediale �:eiehborhnod or e�:daneer tlre prrbtic Jreattle, sajet�� airdgeeera( welfare. This condition is met. Thz Dist�ict 1 Council, afrer hzarin� a presentation b� the applicant, voted to support the SCUP requzsc. The Battle Creek cop shop operates a few doors down in the czntec There i; a police officer ��Iio staffs thz cop shop from 5:00 a.m. to 2:00 p.m. Monda}'-Frida}�. A second officer is schedulzd from 7:00 a.m. [0 5:00 p.m., and makes regular stop; at thz shop. A dozen additional policz officers are assi�ned to the arza, and srop in ro thz shop frequznd}• to make phone calls, etc. 24 hours a da�•, 7 days a«ezk. 7hz nzarbv pulice preszncz act; a; an additional sun zillance of thz o��erall area. d. T/re arse �riU �r�[ iuiperle !/�e normal a�rd orderly rlevelopnieirt aud iu+p�oven�ei7/ ojNre strr�auirdiire property ju� «ses pe�nril(ed ia [!te dislrict. This condition is met. The surroundin� nei�hborhood is ful(y deaeloped «ith � commercial uses to the north, ���est, and east, and re;idential uses to thz ea;t and south. e. T/�e rrse slrall, in a!! otlrer respecls, ca jorni to !he applicable ree« ltrtio�as oj tlte dis�ric( ia wliich it is /ocared. This condition is met. H. STAFF I2ECO�I:IIENDATION: Based on findin�s ], 2, and 3 staff recommends approval of the special condition use permit to allo«� operation of a billiard hall. � � CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM Date: October 22, 1998 To: Planning Commission From: Lawrence R. Zangs - Zoning Specialist � ���— RE: 1990 Suburban Avenue -- Explanation of Zoni g Administrator's decision conceming shared parking for proposed billiard hall (applicant Louie's Biiliard, Inc.). ZF# 98-261 The Zoning Administrafor has determined that the billiard hall can meet the parking requirement through a shared parking arrangement, pursuant to St. Paul Leg. Code Sect. 62.106(4) which foilows. "(4) When at leasf one (1) of two (2) or more uses has a parking defrciency and fheir peak parking hours do not ovedap the zonina administratormav oermit fhe dual function of theiroff streef oarkinq spaces as lona as oeak �arkrno hours for the uses do not overlap and the uses within the buildinas do not change and thereby require additional off street oarkinq. Building owners with such shared parking permifs shal! submit an annual statement to LIEP which verifies the nonconcurrent peak parking hours of the buildings involved with the shared parking permit and a list of uses within each building to verify � no changes in uses which would require addifional parking." Based on information provided by the applicant about the shopping center, the calculations of parking requirements for the billiard hall are as foflows: Billiard Hail Eleven(11) tables -- requires two(2) parking spaces for each table or ..............22 180 square feet of game room area -- requires 1 space for each 75 sq.ft. or.....2 Total Spaces required for Billiard NaN ................................................................24 spaces The determination by the zoning administrator that the off-street parking requirements could be met with a shared parking permit is based on the foilowing analysis of the peak hours of busihesses in the shopping center : Pool Hall Business Hours — 11:00 A.M. to Midnight Peak Business Hours --7:00 P.M. to 11:00 P.M. {According to applicant) Eleven(11) businesses are closed by 6:00 PM, according to information provided by the owners of the shopping center. The floor area of these businesses tofafs 8476 sq. ft. Based on off- street parking code requirements for a multi-use retail center, thirty(30) parking spaces would be freed up to accommodate anticipated peak demands of the billiard hall. Also, the 2500 sq.ff. of space to be used by the billiard hail would have required nine(9) spaces as multi-use retail. These nine(9) spaces can be counted toward meeting the biliiard hall's parking requirement, as � well. The total off-street parking avaiiabie af fhe anficipafed peak time of the billiard hall wouid be 39 spaces. On Saturdays and Sundays nine(9) of these eleven(11) businesses, mentioned above, are closed ali day. ' ' ' ' :':� v � > ��_,� ,4 , �' � �t9 - ► �-1 =�`s` : i..'r y J r2 , :.,fi.: . <....; . ^�.�,;�Y `r"-%: - - _ "'— = =ti'. - :,;�.:=_: _ � 1Ac E `> . -� - :';ai?` Ya.. . . ��i�.[: �C� . " - - . ' �' - T �"`�� � � .. . . . �� ""_.:,�����,� ,:N'�:.'_" :_` '- r?� ��:".s (��"� . ' ` ,''- � 1 LCI - - - -_ ~-� ��:4�t.i`w - � -- � . . . 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FT. �riours of Operation 11940 Suburban Ave � 8400!M-F 830a - 9p, Sa 9a -9p Su 9a - 1994B Suburban Ave.� �OOO;M,W,Th,F 10a-Sp '1994A Suburban Ave. 542�M-F 9a -6p 1994C Suburban Ave 9501M-F 9a-Sp 1992 Suburban Ave. 2500 1992A Suburban Ave. 588�M-F 10a - 6p, Sa 10a-1:30p 1991 Bums Ave. 968�M-F 830a -530p 1993 Burns Ave. 610 M-Sat 4�11p 1995 Burns Ave. 335�M-F 9a-Sp 1995 Bums Ave. 1185 M-F 10a-8p, Sa 9a-6p � 999 Bums Ave. � 920�M-F 6:30a-6p, Sa 630a-Sp 2007 Suburban Ave. 639�M-F 10a-6p 2006 Suburban Ave. 800�T-F 9a-8p Sa 9a-12p 2004 Suburban Ave � 1173; 2002 Suburban Ave 925�M-T-Th-F 9a-6p, W 9a-Sp, Sa 9a-1 2000 Suburban Ave. 1067�M-F 10a-8p, Sa 10a-5p . 1998 Suburban Ave. 3233�M-Th 7a-9p F 7a-7p Sa Sa-4p Si 1996 Suburban Ave. 832 M-F 9a-Sp ., 2010 Suburban Ave. 308� 2008 Suburban Ave. 308 M-F 9a-5p 2016 Suburban Ave. 1000�M-Th 6�9p 2012 Suburban Ave. 748�M-F 8a-Sp 2014 Suburban Ave. I 33s! 1q-1�.� -=;;=�:. . . �;�,,,�, - _w..: - :,..;:. _ 'r : ',"�' r �' �"�-= � x �' .� '� ` �% ' �zizz�+ � T,. uE -n � � -je � � � To: Flanning an3 �conomic Development-Zoning Committee Re: Louie's Bi2liards file number 98-261 � At the 10 -15-98 Public Hearing, parking appeared to be a major concern, especially for Creek Point Apartments. I tracked the parking vacancies for 9 consecutive days at various times and wish to report the following: A. A total of 104 parking spaces exist. B. 13 counts between 11:00 AM and 6:00 PM averaged 76 vacant. C. 6 counts between 6:00 PivT and 9:00 PM averaged 83 vacant. D. 4 counts between 9:OOPM and Midnight averaged 102 vacant. E. PQore than 80 of the 104 parkino spaces are closer to I,ouie's front door than than the nearest Creek Point space which is nearly 300 feet away. Actual dates, Oct. 20 Tue. Oct. 21 irded. Oct. 22 Thr. Oct. 23 Fri. Oct. 24 Sat. Oct. 25 Sun. oct. 26 Mon. Oct. 27 Tue. Oct. 28 Wed. times, and vacancies follow: 6:3o PM 78 6:45 PM 80 4:3o PM 63 5:55 P�t 66 9�3o P;� 9g io:45 PM 103 11:15 AM 73 1:00 PM 73 3:0o PM 89 12: 4�5 PM 96 3: oo Pivt iol 3:00 PM 71 $:�0 PM 83 6:$5 Pi�I 73 11:50 AM 72 3: PM 62 5:3o Pr+� 64 5:55 Pr�� 75 $��5 PM 9� 9:10 Pt�! 101 9= 55 PM 102 Respectfully submitted 8�55 PM 96 6:10 Pa� 78 O` � Lew Schaar Pres. Louie's Billiards � � qq-ta1 � SPECIAL CONDITION USE PERMIT APPLICATION Saint Paul Zoning OJfece II00 City Ha1! Annex 25 West Fourtl: Sireet Saint Paul, MN 55102 166-6589 APPLICANT I Name �6:�i`��$ ����f..�/� a i Address City���—St.�lLt�iP .i �" Daytime phonefa/Z-S�r.��-�A�� Name of owner lif Aiffo�o.,r� ��ii� �-.r _�.. �� PROPERTY Address/Location LOCATION Legal description: Current Zoning �'�, eet if necessarvl TYPE OF P R T: �pplication is hereby made under the provisions of Chapter Section� � , paragraph 3 of the Zoning Code for a: �".Special Condition Use Permit 0 Modification of River Corridor Standards ❑ River Corridor Conditional Use Permit SUPPORTING INFORMATfON: supply the information that is applicable to your type of permit (attach additional sheets if necessary) • SPECIAL CONDITION USE: Explain how the use will meet eacfi of the speciai conditions. • RIVER CORRIDOR CONDITIONAL USE: Describe how the use will meet the appiicable conditions. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. y�'o�'e�'r� �l r���l�r���' °� 7�--'��' � �o � f �� � 6,//����i� ���-�e�������.�-,��, y /IG �'����;u i7 IZS ' �f^o �L ���'7 i o�ez7^ftc / �f'�f'�,s di i Appiicant's signature(1 �� � � Date����p�ity agent q-\S- Z' /^l� /'�?�0(� l ... DISTICOMMCNCL-D1NElJS Fax : 651-292-782g District 1 Community Council Districtl. �onway Recreaaon Center • 2090 Conway St� • Room 126 • St Paut, MN 55119 October 29, 1998 Mr. Litton Field, Jr. Chair, zoning Committee Planning Commission Re: eroject Name: Dear Mr. Eield: Zoning r'ile # 98-261 Louie's Billiasds, Inc. Special Condition Use Permit (612) 292-782x (612) 292•7829 PpX disrlco@mtn.org The District 1 Community Council held a hearing an the above- named matter on OcT.ober 20th. This matter was reviewed, again, at the full board mee[ing of District 1 on october 26th. At this most recent meeting, severa2 persons addressed the Boar.d including representatives from Creek Pointe Apartment•s, Chief of Police William Finney, and Lew Schaar (the applicant). Subsequent to Board discussion, the f.ollowing motion was passed: The District 1 Community Counci2 rescinds its past approval of the SCUP to allow operation of a bi2liard hall at Scenic Hills Shopping Center; and further, The District 1 Community Council will not be taking a position on the approval or disapproval of the proposed SCUP, opponents to the p=o)ect, including Chief P�.nney, indicate8 that a billiard hall at the Scenic Hi11s location would be detrimental to the existing character of the development in the immediate neighborhood and had the potential to endanger the area's general welfare, The majority of tne District 1 Board appeared to agree with this assessment. ��: naLny Lantry, Councilmember Gladys Morton, Planning Commis�ion Chair Chief wi2liam Finney Oct 29 09�39 . . � DISTICOMMCNCL-DINEWS Fax : 651 o�t �2 os:3� aq .,�.� � DistrictlCommunity Council DistrictlNews Conway Recreauon Center • 2090 Conway St • Room 126 • Sc Paul, MN 55119 (612) 292-7828 (612) 292�7829 aax distl co@mtn.org October 12, 1998 Planning & EconomiC Development 1300 City Ha.11 Annex 25 w. 4th Street Saint Paul, MN 55102 Fax Number; 228-3261 To PED: � The following cases have been brought before the Dlstrict 1 Community Council board, and decisions have been made for each one, The board met on Monday, September 28 to consider these cases. Case # 98-215: Steel Structures, Inc. Warehouse Terminal Construction, Red Rock Road The board unanimously approved the proposed construction by Steel Structures, Inc. as currently outl.ined and presented by Frank Wergin. Ca9e N 98-261; Louie Hilliards, Inc. 1992 Suburban � Saint Paul, MN 55104-0000 The board unanimously approved that this new business application be supported. Should you have questions or concerns, please notify the ➢3strict 1 Office at 292-7828. u a k u. � i � b kah L. Cross Community Organizer District 1 Community Council i CITY OF SAINT PAUL � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT ZOIVING CONIMTTTEE MEETING October 29, 1998, 3:30 noon INDEX Letter to Zoning Committee from Zamansky Professional Association dated October 29, 1998 regazding conditional use pernut for Louie's Billiazd, Ina (ZF #48-261) 2. Minutes to the October 26,1998 Meeting of the Boazd of D'uectors of Distdct 1 Community Council 3. Letter to Litton Field, Jr., Charnian of the Zoning Comtnittee, from Sheldon Johnson, President of the District 1 Community Council dated October 29, 1998 . � Q9-� �� � Zamansky Professional Association 390� �ns To���cr � Sain[ Paul 6uilctin� SO Souch Ei;l;[h 5[rcec ° ` 6ltic� FiFih 5[rCC[ . 55-4p2 Sain[ PauL \:A �SIO� (6I?� 340-q. �� �>` 297-0�00 T�i �,�,,,,;�,_��.` October29,1998 ficpl�� [.• \linneapolis OfficC � � Zoning Comxnittee City of Saint Paul Department of Planning and Economic Development 25 West Fourth Street Saint Paul, MN 55102 Dear Ladies and Gentlemen: The undersigned serves as legal couc�sel to the management of Creek Point Apartment Homes located at 1950 Burns Avenue, which is located directly across Ruth Avenue from the Scenic Hills Shopping Center. On behalf of the management of Creek Point, I request that you not approve the conditional use permit for Louie's Billiard, Ina (ZF # 98-261) for two reasons: (A) the general standards stated in the Saint Paul Legislative Code section 64300(d) have not been established as being favorable to a grant of the proposed principal use subject to special conditions; and (B) the proposed primary use subject to special conditions violates Saint Paul Legislative Code section 60.534(3). A. The General Standazds Stated in the Saint Paul Le gislative Code Section 64 300 �d1 Have Not Been Established. Pursuant to the Saint Paul Legislative Code section 64300(d), before the Commission may grant approval of a principal use subject to a special condition, the Commission is required to find that: (I) the extent, location and intensity of the use will be in substantial compliance with the City of Saint Paul Comprehensive Plan and any applicable subazea plans which were approved by� the city council; (2) the use will provide adequate ingress and egress to minimize traffic congestion in the public streets; (3) the use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare; (4) the use will not impede the normal and orderly development and improvement of the surrounding uses permitted in the district; and (5) the use shall, in all other respects, conform to the applicable regulations of the district in which it is located. At the District 1 Community Council meeting on October 26, 1998, testimony was przsented which brings into question whether many of the above findings can be established. � ansky Professional Asso_.. .�ion Zoning Committee October 29, 1998 Page 2 The extent, location and intensity of the use wi11 be in substantial compliance with the City of Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council The azguments presented in Section B. below estabiish that the proposed conditional use and location is inconsistent with the City of Saint PauPs Comprehensive Plan. In addition, there is no testimony that establishes that the extent, location and intensity of the billiard hall will substantially comply with the City of Saint Paul Comprehensive Plan and any applicable subazea plans where approved by the city council. Since the proposed conditional use is inconsistent with the City of Saint Paul Comprehensive Plan as established in Section B., the Zoning Committee must find that the proposed conditional use and location is inconsistent with the City of Saint Paul Comprehensive Plan. 2. The use wil7 provide adequate ingress and egress to minimize traffic congestion in the pubZic streets. Facts were presented at the District 1 Community Council meeting on Monday, October 26, 1998, which suggest that the proposed principal use will likely create traffic congestion in the public streets. Steven Schachtman, President of Steven Scott Management, the management company of Creek Poini ApartmenY Homes, testified that there used to be a bar in this neighborhood with simiiaz peak hours of operation. Mr. Schachtman testified that while the bar was operating in the neighborhood, not only were there increased calls to the police, but there was also a si�nifcant amount of tr�c congestion in the public streets during all hours of the baz's operation. There has been no testimony ihat the proposed conditional use will still provide adequate ingress and egress to minimize tra�c congestion in the public streets. Since there has been no testimony that the ptoposed conditional use will provide adequate ingress and egress to muumize traffic conges[ion in the public streets, and since the only testimony estabiishes that the proposed use will increase the amount of tr�c congestion in the public streets, the Zonin� Committee must find that the use will not provide adequate ingress and egress will not minimize the amount of traffic congestions in the public streets. � � . �tq�� "< ansky Professionai Asso�.. �ion � Zoning Committee October 29, 1998 Page 3 3. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. A majority of the people who spoke at the District 1 Community Council Meeting on October 26, 1998 stated their belief that this primary use wiil be detrimental to the existing chazacter of the development in the immediate neighborhood, and the public health, safety and welfare. 5aint Pau1 Chief of Police William Finney stated that problems with loitering, unattended youth, and break-ins would not serve the community weil. Chief Finney is familiar with the neighborhood and testified that Scenic Hills Shopping Center is not the right area to have a billiard hail. Chief of Police Finney acknowledged that the neighborhood has had problems with neighborhood safety, and that the neighborhood is now resolving such problems and making ihe community safer. Wallace Rosalez, a resident of and Maintenance Supervisor for Creek Point Apartment Homes, stated his opposition to the conditional use permit. Mr. Rosalez stated that currently his � children and other children who live in the Creek Point Apartment Homes play outside in the evenings with minimal supervision due to the safe nature ofthe community, Mr. Rosalez stated that with the loitering, unattended youth, and higher incidences of crime associated �vith the proposed primary use, he would not feel as comfortable letting his children play outside without heightened levels of adult superoision. Steven Schachtman, President of Steven Scott Management, the management company of Creek Point Apartment Homes, stated his opposition to the proposed primary use because issues of pazking, loitering, unattended youth, and possible break-ins of cars will lead to a deteriorating condition in the community, Mr. Schachtman informed the council that the ownership of Creek Point Apartment Homes has made over One Million Dollazs ($1,000,000) of reno��ations to improve the community and has also sponsored the Police Storefront. Mr. Schachtman stated his desire to see a business open in Scenic Hills Shopping Center which would serve the community more effectively. District 1 Council members Kathi Donnelley-Cohen, Mary Morelli, and Bill Stevenson a11 expressed concems about the operation of a billiard hall in the Scenic Hills Shopping Center. The concerns addressed the location and nature of the business. The council members stated their opposition to the operation of a biiliard hall in the Scenic Hills Shopping Center. As a result of the above testimony and other testimon � Council meeting on Monday, October 26, 1998, the Zoning Comm�tt e st�find that he u e be detrimental to the existing chazacter of the development in the immediate neighborhood and endangers ihe public health, safety and general welfare. �. ansky Professional Asso_._ �ion Zoning Committee October 29, 1998 Page 4 4. The use will not impede the normal and orderly development and improvemertt ofthe sztrrounding uses permitted in the district. At the District 1 Community Council Meeting on October 26, 1998, Saint Paut Chief of Police WilIiam Finney stated that problems with loitering, unattended youth, and break-ins would not serve the community v, Chief Finney acknowledged that the neighborhood has had problems with neighborhood safety, and that the problems associated with a billiazd hall could hinder efforts in the neighborhood to make the community safer. Steven Schachtman, President of Steven Scott Management, the management company of Creek Point Apartment Homes, testified that the ownership of Creek Point Apartment Homes has made over One MiIIion Doliazs ($1,OOQ000) of renovations to improve the community and has also sponsored the Police Storefront. Mr. Schachtman further testified that the owners of Creek Point Apartments would not continue to put money in[o the neighborhood if a billiazd hall were opened at Scenic Hills Shopping Center. � As a result of the above testimony and other testimony given at the District 1 Community � Council meeting on Monday, October 26, 1998, the Zoning Committee must find that the use wil] impede ihe normat and orderly development and improvement of the surrounding uses permitted in the district. S. The use sha11, in a11 other respects, conform to the applicable regulations of the district in which it is located. There has been no testimony that establishes that the use will, in all other respects, conform to the applicable regulations of the district in which it is Iocated. In the absence of such testimony or findings, the Zoning Committee must find that the use, in all other respects, does �ot conform to the applicable regulations of the district in which it is located. In conclusion, before the Commission may grant approval of a principal sue subject to a special condition, the Commission is required to find that: (1) the extent, location and intensity of the use will be in substantial compliance with the City of Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council; (2) the use will provide adequate ingress and egress to minimize traffic congestion in the public streets; (3) the use will not be detrimental to the e�sting character of the development in the imrnediate neighborhood or endanger the public health, safery and general welfaze; (4} the use will not impede the normal and orderly development and improvement of the surrounding uses permitted in the dishict; and {5) the use shall, in all other respects, conform to the applicable regulations of the district in which it is located. As � stated above, there has either been an absence of testimony on point with respect to the required findings, or the available testimony and evidence shows that the above requirements have not been �q-��-� ��._�ansky Professional Asso,.��cion � � Zoning Committee October 29, 1998 Page 5 established. THEREFORE, WE REQUEST THAT THE CONDITIONAL USE PERMIT FOR LOUIE'S BILLIARD, INC. (ZF # 98-261) BE DENIED. B. A Conditional Use Permit Wiil Violate the Saint Paul Legislative Code Section 60 534(31. Saint Paul Legislative Code section 60.534 (3) states that a billiazd hall shall be a permitted additional use under a B-2 zoning classification when located at least one hundred (100) feet from any residential lot in an adjacent residential district. The areas in w•hich the billiazd hall pairons will potentially be loitering and causing a nuisance will be in the parking lot of the shopping center. The pazking lot of the shopping �enter is located a mere sixty-three (63) feet from the closest residential district property line. One of the purposes of the distance requirement of the Saint Paul Legislative Code section 60.534 (3) is to protect the general health, welfaze and safety of the residential neishbors of businesses operating in B-2 Local Business Districts, and to prevent the problems associated with loitering and unattended youth (such as violence and vandalism) from affecting residential districts. The unattended youth and other patrons of the billiard hall who will be loitering and creating a nuisance in the parking ueas which service the billiard hall will be within less than one hundred (100) feet of the property line of Creek Point Apartment Homes. Since the parking area in which the loitering, violence and vandalism would occur is sixty-three (63) feet from a residential development and since the purpose of this code section is to keep those types of activities more than 100 feet from residential developments, the conditional use must be denied. If the conditional use permit is granted to the billiard hall, the desire of the city legislators to protect the general weifaze and safety of residential neighborhoods form the problems associated with loitering and unattended youth will be subverted. THEREFORE, WE REQUEST THAT THE COMMITTEE DENY THE APPLICATION FOR A CONDITIONAL USE PERMIT BY LOUIE'S BILLIARD, INC. (ZF # 98-261). Very truly yours, ZAMANSKY PROFESSIONAL ASSOCIATION ��'� �(� { ' �,�( � ; � �' / :� �� Matthew B. Co e �f � cc: Ronald A. Zamansky d:�mbc5letters\601-800\654.wpd DistrictlCommt�nity Council Distrlct 1 News Conway Recreadon Cen�er •?A90 Conway S[. • Room 126 • S�. Paul, MN 55119 MINIITES TO THE OCTOBER 26, 1998 BOARD OF DIRECTOR$' MEETI2dG HELD AT CONWAY RECREATION CENTER 7:00 p.m. (612) 29�782:� (612) 29�7829 Fnx distl co@mrn.org A. Meeting was called to o=der by Sheldon Johnson, President District 1 Community Council at '7:00 p.m. B. Quorum was established. Lloyd Peterson motioned and it was seconded by Otto Folger that the Executive Committee examine board member absences and detetmine which board members have had unexcaeeQ absences. Hy-laws state that three or more unexcuaed absences are grounds for resignation of the board. Unanimously approved by the board. Attendees: Bill Stevenson, Scott ArCand, John Douvier, Shaldon Johnson, Kathi Donnelly-COhen, Anne Burgeson, Loren Jonker, JoAnn Clark, Mary More111, Michael Engstrom, Owen Nelson, Tienne Otteson, Lloyd Peterson, Otto Folger, Sara Beekie Unexcused Absence: Randall Reetz C. October Agenda was approved with the additional presentation by US Wireless, representative Ju2ie Townsend. Sheldon Johnaon motioned for this change and it was seconded by Anne Burgeson. Unanimously passed by the board. D. Ouen Nelson motioned and it was seconded by Otto Folger to approve the September board minutes as aritten. Dnanimously approved Dy the board. E. Scott Arcand reviewed the Treasurer's Report, Stated that the financials for Dietrict 1 are in good order. Motion that the Treasurer'a Report be approved subject to a¢dit. Seconded by Lloyd Peterson. Unanimously approved by the boa=d. F, Presentation - Crime Prevention: Parris Getty. Unable to attend. ' G. Presentation - US West Wireless, Su11e Townsend Ju11e Townsend of US West Wirelss stated that US West wanted to erect a PCS wirelees communicatione antenna ` J f � u Rq - t �1 � support system at 215 McKnight Road. The antenna would set atop the apartment buildings located on McKnight Road and would consist nf three (3) sectors of two antennas each. The antennas, support frame and any additional equipment would not extend moie than Pifteen i15} feet abov� the roof line. An unmanned prefabricated equiment rack would be located on the roof of the apartment building. This support system wpuld a11ow for uni«terrupted w_reless services to customers with police, firefighter.s and motorists having greater flexibility of witeless phone choices, which will allow for more security when plaeing emergency calls. Board membess were concerned abouC notification of residents on this matter. Townsend stated that rlartna e'aust of Y�;U had notified the residents ot Lh15 possibie construciion, rurtner, Townsend sLatea nU residenL� f�acI t'aibe�i atiy ubjecLi.unS in c�eyaz'da L'G t1i19 111'e2tC2T. It was discussed by Otto Folger the possibility that the matter be referred to the Hearing Cor,unitL fiowever, it was determined that there would be no time for a � Hearinq Committee to adjourn as the City would be reviewing the matter on October 29th, 1995. L1oyd eeterson motioned and it was seconded by Owen Nelson that the construction of the antenna and its supporting systems be supported by the District 1 Community Council. - Otto Folger stated that it was important to note that the matter should be referrred to a Aeazing Committee as a matter of recora. Kathi-Donnelly c:ohen abstained from voting. The board unanimousiy approveri tne motion. H. District 1 News - Julie Lehr, Bi11 Stevenson, Otto Folger Julie Lehr presented to the board the Communication Meetings findings in regards to the District 1 News. Stated that it was extremely important that the board understand that the financial implications of the newspaper hinge on understanding the $ 5,616.00 that would be lost should the board opt to have no paper, This money represents fixed costs such as rent, insu=ance, telephone use, and cannot be supplanted by other sources. It Ss therefore important that this money be covered by newspaper revenue. Stated that the committee had investigated and reviewed . printinq costs and postage costs, and determined the ove=a11 monetary figure £or these items. Together, these items includiag the 5 5,616.00 come to jast oyer S 24,OQ0.00. While this does not leave much money for salaries, discussion with District 1 Staff indicated that staff is zeady and willinq to take on the additional responsibility for the newspaper. A1Z agreed that the newspaper was an essential tool for communications for District 1. It was further emphasized that it would be extremely important Chat the District 1 Comiminity Council hire a seasoned professional to se11 atis. This need is based on the belief that ef£ective ad revenue to maintain the newspaper is S 40,000.00, and thaC, in fact, the individual who sells ads must understand the nature o£ the newspaper business. Also stated that a new printer aill need to be purchased to handle tabloid paper. I Owen Nelson motioned and it was seconded by Lloyd Petarson that the District 1 Community Council proceed to assume publication o£ the District I News and that the search for an ad sales repxesentative begin. Uaani.mously approved by the board. Community Organizer's Report - Rebekah L. Cross Stated that most of the work in the last month has been devoced t� working on a newspaper agreement. Stated however that there is good news! District 1 Community Council has received the S 100,000 STAR grant £or the revitalization of the Suburban/I-94 area. �. Crime Prevention Coordinator - Pam Langton: NONE K. I, . Living at xome/alock Nurse Program - Anne Burgeson Stated L•hat the LAH/BNP is doing extremely well. Currently, have 92 clients and 25 volunteers, znd looking Pos more volunteers. 5tated that because the financial picture of the program is running so well, it will be necessary to extend the Robert Wood Johnson for approxinately three months. This is necessary because the program needs to apend its city and county monies. No board action was necessary Por this extension. Committee Reports Sheldon Johnson - President's Report Stated thar the Highwood Nature Preserve'e grand openiny occurred on Saturday, October 24. 2here was music, food and games for children. Some 20� r ' l.J � � ������ , people turned out fot [he event. Stated that the President�s Foru*.n will be held on Thursday, October 29 at 7:OG p.m. at Merriam Park District Council. Requested that a representative £rom District 1 should attend i£ at all possible. Johnson stated he would not be able to attend. Zf anyone is interested, please call him or the office_ Owen Nelson - Finance Nelson stated the Finance Committee met on october 20. Pinancial picture for District 1 looks quite good. Stated that the cotc¢nittee has begun the 1999 budget review with S 107,000.00 budgeted. This includes monies for running the newspaper. More on the 1999 budget in November. Bi11 Stevenson - Communication Meeting. Stated that all infonnation had been covered in presentatic,n. Anne Burgeson - Hearing Committee Stated that the Hearing Committee had met once to discuss Zouie Bil.liard's, Inc. to be located at Scenic Hills. This matter had been heard before the council at the Seotember � 28th, 1998 board meeting. At that rime the board voted in favox of supporting the application of Lew Scharr. At the Zoning Committee it was determined that the District 1 Community Council should have Hearing on the issue. The District 1 Community Council compiled. At the hearing only six individuals attended. Steven Schachtman of Steven Scott Management atterded and spoke in opposition to the business application as did Chris Mowry, property manager of Cr2ek Point Apartments. Issues raised Concerned parking, loitering, possible break-ins to cara. The Hearing Co�nittee made no formal recommendation to the board at the Octobez mesting, it merely gave an accounting of the hearing activities. At the october board the following occurred: Matthew Cohen, Attorney, for the owners of Creek Point Apartments, stated that his clients were in opoosition to the business application. Fie stated that the owners have made significant improvements in the amount of cver S1M to hhe apartments. Aaised the issue of parking and loitering, and also stated that police ca11s have dropped signficantly with all the improvements. Stated tliat having a billiard hali in Scenic Hi11s is simply nor. an option - it is the wzong aYea fos such a business and would once again Cause problems that would be seen • in increasing police calls to the community. Chris Mowry, property Managex fos Creek Point Apartments, stated that he is in opposition to the business proposal, j and maintained that it would only lead to problems for residents of the apartment. Mowry and Cohen both strongly urged the DistricC 1 Cammunity Council to rescind its former motion. Wally Rosolz, Maintenace Supervisor for Creek Point Apartments, stated that he is in opposition to the business proposai. Stated that the billiard hall would be located in rhe wrong area att@ woulri only cause problems. As a parent, he stated, he would be concerned for the safety of his �hildren. He, too, urged the board to rever.se its suppo=t to Louie's Billiards, Inc. Steven Schachtman, President, Steven Scott Management, Creek Point Apartments, stated that he is in opposition to the business proposal. Stated that issues of parking, loitering, unattended youth, possible break-ins of cars, wi11 lead to a deteriorating condition of the apartment. Stated that while he has no opposition to anyone runniny a legitimate business, the fact remains Por him, that the billiards hall should not be located at Scenic Hi11s, Stated as well that he has been instructed by the owners of Creek Point thaC the S 500.00 contribution for the storefront wi11 be withdrawn. A1so maintained that the storefront is needed and we11-regarded in the communi.ty • and serves a very usef.ul purpose. Howo_ver, the hours oE storefront operation do not coincide with those for the billiards hall. This in and of itself will Iead to problems. Stated that he would rather see a business that would serve the community more e£fectively be - established at Scenic Hills. Police Commissioner William Finney, Saint Pau1 Police Department, spoke in opposition to the billiard hall. stated that problems with loitering, unattended yonth, break-ins would not serve the community weli. Stated that he had no problem with the billiard hall pe= se but that Scenic Hills is not the right zrea to have such a business. He gave a brief history of the area inciuding the problems associated with the area as well as a brief history of his zelationship to Creek Point Apartments (it has gone through several name changesY. He, too, urged the council to reconsider and stated that this was not an issue of police storefront £unding, but rather of having a business ihappropriately located in area that has historically had problema, and that is now resolving these problems, znd making the community safer. Lew Scharr, owner o£ Louie's Billiard, Inc., stated that while he understands the objections raised by � those presant', he believes that the issues of parking have been adequately dealt with by the city. He. q,q -1�-1 � maintained that the other issues raised would be dealt with by his management. At this point the public hearing from the floor was closed. Sheldon Johnson asks the board for Co�nents and/or questions. Bill Stevenson stated that at the September board meeti.ng he should hzve spoken out in opposition to the business proposal. He stated that he was shocked at the presentation that was made by Officer Johnson, and that he would support such a business in that particular ar.ea. Stated that he would now vote in opposition to the business proposal. Kathi Donnelly-COhen stated that she, too, did not follow her conscious on this pasticuler issue. stated that she had doubts even wher. Lew spoke at the September boatd meetinq, but did not speak up. Has since qiven this matter a great deal of thought and says she, too, would vote 5,n opposition to the business_ � Mary Morelli stated that she also had doubts, and questioned the location of this business. She, too, expressed dismay that she did not speak up at Lhe Septemb�r board meeting. Tienne Otteson stated that this was a good lesson - for the board about speaking up when issues are brought before the board. The unfortunate thing about all this is that now Lew Scharr has invested a significant amount of time in this enterDrise and the owner of Scenic Hi11s was hoping to fi11 an empty space. Rebekah L. Cross stated that she spoke privately with O£ficer Mike 3ohnson concerning his advocacy of this business and stated she made it clear to him that as an ofPicer with the Saint Paul Police Department ir was incumbent upon him to not advocate in either direction. Otto Folger motioned that the board rescind its previous mor.ion of September 28th to support this business proposal in light of new information, and oEfer no recommendation to the city in regards to Louie's Billiards, Inc. Bill Stevenson seconded the � motion. Anne Burgeson dissented. The "aye's" overrnled the "nays." Motion passad to rescind previous motion to support Louie�s Billiards, Inc. in light of new information, and make no recommendarion,to the city. i I.. Loren Jonker stated the planning fo: Battle Creek Renovation was moving ahead we11. M. New Business - Owen Nelson stated that he is on the Ramsey-Washington Watershed Council. wanteri to know what could be done to limit phosphate use in water. Kathy Lantry stated she would check into the matter, and call the District I office. Meeting adjourned at 8:20 p.m. � �J a9 -� a..� � � � DistrictlCommunity Council District 1 News Conway Recreation Center • 2090 Conway St. • Room 126 • SG Paul, MN SS1I9 October 29, I998 Mr. Litton Field, Jr. Chair, Zoning Conunittee Planning Commission Re: Project Name: Dear Mr. Field: Zoninq File # 98-261 F.ouie's Billiards, Znc. Special Condition Use Permit (612) 292-7 (612)29?-7829 distl co@mtn.org The District 1 Community Council held a nearing on the above- named matter on Octobez 20th. This matter was reviewed, again, at the Pull board meeting of District 1 on october 26th. At this most recent meeting, several persons addressed the Board SncLuding representatives from Creek Pointe Apartments, Ghief of Police William Finney, and Lew Schaar (the applicant). Subsequent to discussioa, the following motion was passed: The District 1 Community Council. rescinds its past approval of the SGUP to a11ow operation of a billiard ha11 at Scenic Hills Shopping Center; and further, The District 1 Community Council will not be taking a position on the approval or disapproval of the proposed SCUP. Opponents to the project, including Chief Finney, indicated that a billiard hall at the Scenic Hills location would be detrimental to the existing character of the develogment in the immedl.ate neighborhood and had the potential to endanger the area's general welfare. The majority of the District 1 Board appeared to agree with this assessment. Chair • • ec: Kathy Lantry, Councilmember Gladys Morton, Planninq Commission Chief Williar� Finney aq- � �..� � � � � T0' 3�Jtid II:7T 86. 6Z 1J0 • • - — .– :�• � � , � _ � . .. _ � Zg, �SS� � = L-r`./�i� �.e.�,� �- . �.ai�,✓r�.�,,,, � �.ow-►� � � �'��.�e. 3r Gl.� ��-1, � ��.,,�.� !� sl.. � � � ��- � �- � �,�.� � 6 �J .I'S`-e. �,�•� � SU !J � ��( �,� S�i ��T �- �,.. �-k,�, �.�tir��,'� c� � . � �� � � ,��� �� ����� ,�� � �� �S . . u n�.S 4 c.�i�� v ��- C�-..P ���e�' �-�..� � �w�.�-�2. �Q-�- .�. ��-�.- -� � �eL,.�.�, �-t�.��'- �` �"„ ,��„�,�.�-,�;- � . � �,G"`" � �"''"•�' �"y � ,�., �`r r o S �,,�•.,(-z. ►J.� , f�, ,. 0� /il ,L. nr �� n T0'd Wd ZS=TO 86-6Z-1J0 �0 Recognition of retiring City employee Carolyn Weber, Public Health.