6.8. SR 08-18-2003Item # 6.8.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Michele McPherso ,~Director of Planning
August 18, 2003
Status Report- Case No. CLI 02-08, B&B Billiards
Attachments
· Location Map
· Calls for service September 1, 2002 - August 5, 2003
· April 22, 2002 City Council Minutes
· April 22, 2002 Staff Memo
On April 22, 2002 the City Council approved a conditional use permit for a building addition
for the Sherwin Williams/Goodwill building, and a conditional use permit for B&B Billiards.
Condition Seven of approval required that the extended hours of operation would be
reviewed at six and twelve months.
The billiards facility has been in operation since September 2002 and while staff missed the
six-month review of the Calls for Service, we have prepared a reporting of the one-year calls.
Since September 1, 2002 there have been 33 calls for service to the billiards facility. Thirteen
calls were for public assistance (primarily lockouts). There were six calls for juvenile
complaints, including underage consumption, and five calls for disorderly conduct. There
were two calls for assauk. The remaining seven calls were for miscellaneous items (alarm,
theft, suspicious person or activity).
Since July of 2003, there have been no Calls to the site. Staff believes that the operator of
the billiards hall may be avoiding Calls for Service in order to improve the overall
appearance the operation. The owner/operator of the billiards hall has met with Chief
Beahen regarding the type and number of complaints from April through July of 2003.
Chief Beahen will be in attendance at the City Council meeting to answer any questions the
Council may have regarding the billiards operation.
Memo to City Council/CU 02-08
August 18, 2003
Page 2
Recommendation
Staff, other than the Police Department, has not received any calls from the adjacent
neighborhood regarding the billiards operation. Staff however, would recommend that the
billiards operation continue to be monitored for an additional year to determine if the
extended hours pose a public safety issue.
S:\PLANNING\Case Files\2002\CU 02-08 Phoenix\8-18-03 cc memo.doc
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Case Number:
Location Map
CU 02-08 PHOENIX ENTERPRISES
N
B&B BILLIARDS CALLS FOR SERVICE
SEPTEMBER 1,2002 THROUGH AUGUST 5, 2003
Case_# Date_ MOC
02011054 09/20/2002 9:54:00 PM 09802
02012292 10/18/2002 6:47:00 PM 09802
02012305 10/18/2002 11:58:00 PM 09802
02012405 10/21/2002 6:58:00 PM 09802
02012584 10/25/2002 10:20:00 PM 09802
02012757 10/29/2002 4:31:00 PM 09802
02012767 10/29/2002 7:18:00 PM 09805
02013734 11/24/2002 12:47:00 AM N3030
02014143 12/05/2002 9:40:00 PM A5350
02014143 12/05/2002 9:40:00 PM N3030
02014585 12/18/2002 10:00:00 AM 09804
02014630 12/19/2002 7:50:00 PM 09802
02014712 12/21/2002 4:14:00 PM 09443
03000007 01/01/2003 9:04:00 AM 09804
03000870 01/25/2003 3:30:00 PM 09802
03001131 01/31/2003 10:41:00 PM N3030
03003229 02/08/2003 11:53:00 PM 09813
03004755 02/26/2003 4:13:00 PM 09892
03006541 03/18/2003 9:11:00 PM 09802
03006716 03/20/2003 5:32:00 PM P3110
03006716 03/20/2003 5:32:00 PM TC159
03007937 04/01/2003 8:30:00 PM 09813
03007942 04/01/2003 8:32:00 PM 09813
03008648 04/08/2003 11:19:00 PM 09802
03009367 04/15/2003 7:03:00 PM 09910
03010085 04/22/2003 8:51:00 PM 09813
03011166 05/02/2003 11:05:00 PM M3001
03011540 05/06/2003 8:26:00 PM 09802
03011774 05/08/2003 11:23:00 PM 09241
03011774 05/08/2003 11:23:00 PM 09260
03011774 05/08/2003 11:23:00 PM 09803
03011900 05/10/2003 12:20:00 AM 09811
03012202 05/12/2003 10:47:00 PM 09808
03012783 05/17/2003 11:55:00 PM N3030
03014773 06/04/2003 5:29:00 PM 09802
03017912 07/02/2003 1:18:00 AM 09255
03017912 07/02/2003 1:18:00 AM A5352
03017912 07/02/2003 1:18:00 AM M4140
03017912 07/02/2003 1:18:00 AM N3030
03018133 07/03/2003 10:50:00 PM M7399
DESCRIPTION
PUBLIC ASSIST (LOCK OUT
PUBLIC ASSIST (LOCK OUT
PUBLIC ASSIST (LOCK OUT
PUBLIC ASSIST (LOCK OUT
PUBLIC ASSIST (LOCK OUT
PUBLIC ASSIST (LOCK OUT
CIVIL
DISTURB PEACE-MS-DISORDERLY CONDUCT
ASLT 5-MS-INFLICT ATTEMPTS HRM-HANDS-UNK RELAT
DISTURB PEACE-MS-DISORDERLY CONDUCT
ALARM
PUBLIC ASSIST (LOCK OUT)
PROPERTY DAMAGE MV ACCI VS. OBJECT
ALARM
PUBLIC ASSIST (LOCK OUT)
DISTURB PEACE-MS-DISORDERLY CONDUCT
JUVENILE COMPLAINT
SUSPICIOUS ACTIVITY
PUBLIC ASSIST (LOCK OUT)
PROP DAMAGE-MS-PRIVATE-UNK INTENT
THEFT-501-2500-FE-MOTOR VEH-OTH PROP
JUVENILE COMPLAINT
JUVENILE COMPLAINT
PUBLIC ASSIST (LOCK OUT)
PUBLIC ASST (OTHER THAN LOCK OUTS)
JUVENILE COMPLAINT
JUVENILE-ALCOHOL OFFENDER
PUBLIC ASSIST (LOCK OUT)
ADULT TRAFFIC ARREST (OTHER)
DRIVER LICENSE ARREST (ADULT)
AGENCY ASSIST
SUSPICIOUS PERSON
TRAFFIC COMPLAINTS
DISTURB PEACE-MS-DISORDERLY CONDUCT
PUBLIC ASSIST (LOCK OUT)
ADULT CRIMINAL ARREST
ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC
LIQUOR-UNDERAGE CONSUMPTION 18-21
DISTURB PEACE-MS-DISORDERLY CONDUCT
OTHER-CRIMES AGAINST PUBLIC ORDER
08/05/2003, Page 1
City Council Minutes Page 5
April 22, 2002
experienced. He noted that this replacement is necessary but is not in the budget.
informed the Council that that the City may have to use internal loans for the
replacement until funds become available for this additional expenditure.
The City Administrator informed the Council that the
exceeded due to the additional square footage for the EOC and
cabling and security costs were underestimated. He
date to begin reducing the cost and discussed'
would be considered to bring the cost down.
has been
and because
has been done to
bid alternates that
The City Administrator reviewed the 1992 coJ use permit conditions for the
existing City Hall. Councilmember Dietz condition of 80% opacity has
not been accomplished. He suggested more trees to accomplish this.
Councilmember Tveite
reimbursement for'
being done.
pursue the possibility of recovering some
The City Administrator indicated that this is
COUI~
OF
II~
AND
C
DIETZ MOVED TO APPROVE THE ELIMINATION
WARNING FLASHERS FROM THE CLIP, THE
NEW FLAT ROOF WITH THE BUILDING PROJECT,
FORGIVING OF SAC FEES FOR THE PROJECT.
SECONDED THE MOTION. THE MOTION
4-0.
6.1.
Request by Phoenix Enterprises for Conditional Use Permit for Building Addition and
Billiard Hall - CU 02-08
Director of Planning Michele McPherson indicated that Phoenix Enterprises and
Bruce Smith are requesting a conditional use permit to allow construction of an
addition to a building and to allow a billiard hall located at 19463 Evans Street. Michele
reviewed the staff report. Michele noted that no one spoke for or against the
request at the Planning Commission. She indicated that the Planning Commission
voted to approve the two requests with certain conditions.
Michele noted that there is a conflict with the licensing ordinance and applicant's
request for hours of operation. She indicated that the ordinance limits hours of
operation to 1 am. Michele indicated that the City Attorney has suggested two options
to resolve this conflict.
Issue the Conditional Use Permit with hours to 3:00 a.m. with the condition
that until the ordinance is amended, they cannot operate past the hour of 1:00
a.m., or
2o Issue the conditional Use Permit limiting the hours of operation to 1:00 a.m.
Discussion was held regarding the request to have the Billiard Hall open on Fridays
and Saturdays until 3:00 a.m.
City Council Minutes Page 6
April 22, 2002
Mayor Klinzing opened the public hearing. No one spoke for or against the matter.
Mayor Klinzing closed the public heating.
Councilmember Dietz questioned who the primary audience would be for the Billiard
Center. Bruce Smith, 19260 Dodge Street, applicant, indicated that the primary
audience is between the ages of 16 and 35 and between ages 45 and 65.
Mayor Klinzing indicated that she is not in favor of authorizing a 3 a.m. closing time.
She also indicated her concerned about disturbing the neighbors. Bruce Smith
responded that he is not interested in attracting the bar crowd.
Councilmember Tveite indicated that although he has concerns regarding the 3 a.m.
timeframe, he would be willing to allow it with the condition that a 6 and 12-month
review and report from the police chief be given to the Council and allowing the
Council to revoke the 3 a.m. time frame if problems exist.
Councilmember Kuester indicated that she has heard concerns from her constituents
relating to noise emanating from vehicles that neighbors will be subject to during the
early morning hours.
MAYOR KLINZING MOVED TO APPROVE THE REQUEST FOR THE
CONDITIONAL USE PERMIT WITH THE HOURS OF OPERATION NOT
EXCEEDING 1:00 A.M. COUNCILMEMBER KUESTER SECONDED THE
MOTION. THE MOTION FAILED 2-2. COUNCILMEMBER DIETZ AND
COUNCILMEMBER TVEITE OPPOSED.
Daryl Thompson representing the developer indicated that notices of the public
hearings were sent to the neighborhood but no one appeared at the public hearings to
object to the request.
COUNCILMEMBER TVEITE MOVED TO APPROVE THE CONDITIONAL
USE PERMIT FOR A BUILDING ADDITION AND BILLIARD HALL AT
19463 EVANS STREET NW WITH THE FOLLOWING CONDITIONS:
BUILDING CONDITIONS:
THE BUILDING ADDITION SHALL COMPLY WITH ALL
APPLICABLE BUILDING AND FIRE CODES.
o
SECURITY LIGHTING SHALL BE INSTALLED IN THE REAR OF
THE BUILDING.
BILLIARD FACILITY CONDITIONS:
THE EMPLOYEES SHALL POST IN PLAIN SIGHT AND ENFORCE
THE CITY OF ELK RIVER'S CURFEW REQUIREMENTS.
City Council Minutes Page 7
Apri! 22, 2002
2. THE EMPLOYEES SHALL POLICE THE GROUNDS AND NOTIFY
THE POLICE DEPARTMENT IF THERE ARE PROBLEMS INSIDE
OR OUTSIDE OF THE BUILDING.
e
WINDOWS SHALL REMAIN UNCOVERED AND
UNOBSTRUCTED.
4. THERE SHALL BE NO SALE OF CIGARETTES.
5. THERE SHALL BE NO USE OF CIGARETTES BY MINORS.
o
THE OPERATOR SHALL APPLY FOR, RECEIVE, AND COMPLY
WITH A BILLIARD HALL ICENSE ISSUED BY THE CITY OF ELK
RIVER.
THE BILLIARD HALL EXTENDED HOURS OF OPERATION ON
FRIDAY AND SATURDAY EVENING SHALL BE REVIEWED FOR
THE NUMBER AND TYPE OF POLICE CALLS AT SIX AND
TWELVE MONTHS.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
6. iA. Request for Billiards License
COUNCILMEMBER DIETZ MOVED TO APPROVE THE BILLIARD
LICENSE FOR B & B BILLIARDS AT 19463 EVANS STREET NW AND TO
DIRECT STAFF TO PREPARE AN AMENDMENT TO THE BILLIARD
ORDINANCE TO ALLOW MORE FLEXIBILITY FOR HOURS OF
OPERATION. COUNCILMEMBER KUESTER SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
The Council recessed at 7:25 and moved to the training room for a joint meeting with
the Park and Recreation Commission.
7. Joint Meeting with Park and Recreation Commission
Park and Recreation Commission Members Present: Commissioners Dave
Dawn Polston-Hork, Dave Anderson, Duane Peterson, John Kuester,
Staff Present: Street/Park Superintendent Phil Hals, Director Michele
Bergh, Assistant Street/Park Superintendent ~son, City Administrator Pat
Klaers, Director of Planning and City Clerk Sandra Peine
The Council reconvene
pm.
gave a presentation relating to environmental issues. The presentation
on the preservation of the ecosystem.
MEMORANDUM
FILE COPY
Item# 6.1,
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Michele McPherso irector of Planning
April 22, 2002
CU 02-08
Request by Phoenix Enterprises for Conditional Use Permit for
Building Addition and Billiard Hall
Request
The City Council is asked to consider a joint request by Phoenix Enterprises and Bruce
Smith to allow construction of an addition to a building and to allow a billiard hall.
Location
19463 Evans Street NW; Lot 2, Block 1, Northbound Grossing
Zoning & Land Use
PUD - Planning Unit Development/HB- Highway Business
Attachments
· Location Map
· B & B Billiards Business Plan Outline
· March 4, 2002 Memo from Chief of Police
Overview
Building Addition
The applicant is proposing to construct a 17,547 square foot addition to an existing building
of 26,415 square feet. Located in the current building is Goodwill and Sherwin Williams.
The proposed addition will be subdivided into three bays; two at 5,013 square feet and one
at 7,520 square feet.
This request is an amendment to the PUD approved in 1999 for the original building. The
original request showed the expansion area; the original construction provided the required
parking which exceeds the ordinance requirement.
The proposed addition will be constructed of two colors of rock face block, as well as EIFS
to match the existing building. The proposed addition complies with the Northbound
Crossing Planned Unit Development requirements.
Billiard Hall
Bruce Smith will be operating, the billiard hall. The billiard hall is proposed to include 28 -
30 billiard tables and will also include the serving of light food and beverages. The hours of
operation will be 11:00 a.m. - 1:00 a.m. - Monday through Thursday; 11:00 a.m. to 3:00
a.m. Fridays and Saturdays; and 12 noon to 12 midnight on Sunday. The operation will not
serve liquor and will also be a limited smoking facility. The billiard hall will need to enforce
the City's curfew requirement for those juveniles that it applies to. The Police Chief has also
requested that the employees be required to police the parking lot and to notify the police
immediately if there are problems around their building.
Planning Commission Recommendation
At the Planning Commission meeting of March 26, 2002, no one spoke for or against the
proposed addition or billiard hall. The Commission acted upon each half of the request
separately and unanimously recommended approval of both with the following conditions:
Building Addition
1. THE BUILDING ADDITION SHALL COMPLY WITH ALL
APPLICABLE BUILDING AND FIRE CODES.
SECURITY LIGHTING SHALL BE INSTALLED IN THE REAR OF
THE BUILDING.
Billiard Faciliry
1. THE EMPLOYEES SHALL POST IN PLAIN SIGHT AND ENFORCE
THE CITY OF ELK RIVER'S CURFEW REQUIREMENTS.
THE EMPLOYEES SHALL POLICE THE GROUNDS AND NOTIFY
THE POLICE DEPARTMENT IF THERE ARE PROBLEMS INSIDE
OR OUTSIDE OF THE BUILDING.
o
WINDOWS SHALL REMAIN UNCOVERED AND
UNOBSTRUCTED.
4. THERE SHALL BE NO SALE OF CIGARETTES.
S:\PLANNING\Case Files\CU 02-08 Phoenix\4-22CCmemo.doc
Memo to Mayor and City Counc~x/CU 02-08
April 22, 2002
Page 3
5. THERE SHALL BE NO USE OF CIGARETTES BY MINORS.
THE OPERATOR SHALL APPLY FOR, RECEIVE AND COMPLY
WITH A BILLIARD HALL LICENSE ISSUED BY THE CITY OF ELK
RIVER.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the request to
allow a building addition and a billiard hall as proposed by the applicants with the conditions
recommended by the Planning Commission.
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Case Number:
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Location Map
CU 02-08 PHOENIX ENTERPRISES
B & B Billiards
Business Plan Outline
February 28, 2002
Ownership
Bruce A. Smith is a CPA with a Bachelors degree from the University of Minnesota
Duluth, 1988. He has 14 years financial management experience and currently is the
Chief Financial Officer of Charles Cudd, Co. in Minneapolis. Bruce Smith and Family
moved to Big Lake in 1995 and then to Elk River in 1998. Currently reside at 19360
Dodge Street in Elk River.
Corporation: MG & MT Services, Inc. Federal ID# 41-1761115, State ID# 2504375,
Entity is an S-Corporation formed for business management services in 1993 and is
100% owned by Bruce and Becky Smith. Current business mailing address is P.O. Box
561, Elk River, MN 55330.
Business:
B & B Billiards is a developing concept for a medium size billiard hall serving
light food and beverages. Plans are to open with 28-30 billiard tables largely nine-foot
Brunswick Gold Crown and Brunswick Medalist tables that rent on a per hour basis with
some smaller seven foot coin operated tables. There will be seating for 80 to 90 persons.
In addition an area will be designated for the installation of a small number of video
machines. Counter service will be provided for the purchase of soft drinks and food.
Food will primarily consist of frozen pizza, chips, cheese sticks, chicken fingers, fries,
onion rings, and an assortment of soda and juices. B & B Billiards will not serve alcohol
and will be a non-smoking facility. We will promote ourselves as a sports facility and as
such smoking in designated areas only. We are also a hockey family and will display a
hockey theme much of the time, for example several art works already acquired include
original signatures of Wayne Gretzky, Steve Yzerman, and Maurice Richard.
Market:
Currently the nearest establishments of this size and kind are CR Billiards in
Coon Rapids 22 miles, Eddies Billiards in Maple Grove 18 miles, Checkers Billiards in
St. Cloud 42 miles. So currently the minimum drive from Elk River or the surrounding
area is 18 miles to the nearest billiard facility.
However there are several bar & grill facilities in Elk River and the surrounding
communities with various number of coin operated pool tables. In Princeton Northern
Attitudes bar and grill 2 coin-operated tables, 18 miles. Becks Bar & Grill in Becker has
2 coin-operated tables, 20 miles. Mr. Pete's bowling alley in Big Lake has 2 coin-
operated tables, 10 miles. Elk River Bowl in Elk River has 1 coin-operated table. The
Main Tap Bar & Grill in Elk River has 2 coin-operated tables. These facilities primarily
offer alcohol beverages and dining facilities with some coin-operated games.
Accordh~g to the 2000 census Elk River is in the center of the fastest growing
population in Minnesota. Sherburne County has over 64000 residents with over 30%
under the age of 18. This is a growing community with a consumer market that includes
several surrounding towns from Anoka to Big Lake and Princeton to Rogers. There are
differing opinions however we maintain that the best billiard facilities in the country cater
to a wide age of family members, do not serve alcohol, and control or eliminate smoking.
Location:
We are currently discussing leasing options with Darrel Thompson of Riverside
Development in Elk River for the construction of a building adjacent to Sherwin
Williams between Coborns and Goodwill just north of 193rd Avenue in Elk River. We
are proposing 7500 square feet of occupancy with the building having 60 feet frontage
and a depth of 125 feet.
Employees:
Currently our plans call for 2 to 3 full time employees and 6 to 7 part time with upwards
of 200 weekly payroll hours.
Hours of Operation:
Proposed hours are 11:00AM to 1:00AM Monday tl~rough Thursday, 11:00AM to
3:00AM Friday and Saturday, and 12:00 noon to 12:00 midnight on Sunday.
Marketing & Promotions
B & B Billiards will provide various events through out the week including but not
limited to local nine ball and eight ball tournaments, junior events (primarily 17 and
under), promote in house and travel league play, and the ever popular ladies night. We
hope to promote an in house 14-1 league. We will be handicap accessible and offer
senior discounts. Lessons will become available frOm certified instructors. Our
advertising budget will include monthly adds in Chalk Talk, Elk River Star News and
other local community papers, along with fliers posted in Elk River and the surrounding
communities. Since we are both non-smoking and no alcohol we hope to attract a wide
range of age groups while promoting the sport of playing pool.
Insurance:
MG & MT Services Inc. will carry 1 Million in liability coverage, 300K in property and
contents coverage, and workers compensation for all wages.
Financing:
Currently seeking $150,000 Small Business Loan with Wells Fargo Bank. Wells Fargo
has verbally agreed to the loan requesting 30% equity in the company for a start up. We
fully expect to combine sufficient equity with this small business loan to meet our
purchasing and operational needs.
Vendors:
Ace Billiards of Minnesota and Brunswick Billiards have provided the detail quotes of all
tables, balls, racks, cues, cue rack, ball trays, table brushes, and table light fixtures.
SYSCO Minnesota is working on providing the food and supplies along with quotes for
all chairs, tables, and cooking equipment.
Micro Logic Software has provided the detail for our computer system, software,
installation and training needed to run the lighting system linked to time tracking and
cash drawer receipt system. In addition this software will allow for all food and beverage
sales by table and individual per table.
Viking Cues - It is our intentions to become a Viking Cue local retailer however options
for cue and accessory sales will not be finalized until after the BCA Billiard show in New
Orleans, LA July 24th - 26th 2002.
For vending services that will cover our video game area, coin operated tables and music
systems we have contacted Twin States of Hudson WI. Discussions are also being had
with Superior Vending of Saint Paul and CDL Company of Maple Grove. All are
capable of supplying video games and the sound system we desire.
Opening:
Proposed opening date September 1, 2002.
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Police Department
MEMORANDUM
TO:
Michelle McPherson, Planning Director
FROM:
DATE:
Thomas D. Zerwas, Chief of Police
March 4, 2002
SUBJECT: B & B Billiards
I have received a copy of B & B Billiards' business plan outline that describes their
intentions for the proposed billiards hall. After reviewing this plan, I don't have any big
concerns about this operation.
I feel the location is good and ask that, if approved, it be with a conditional use permit
(CUP). If there should be any problems that develop, they could then be handled effectively
at a later date. My only other issues are that adequate lighting is included on the outside of
the building and in the parking lot.
Lastly, I want it to be addressed that employees of the billiards hall will "police" the parking
lot when time permits and also that they will notify the police immediately if they have
problems inside or outside of their building.
If you have any questions, give me a call.
TDZ/kma