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. . .. e e e RESOLUTION ND STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND DENYING APPLICATIO~ FOR SPECIAL USE PERMIT, SP-106 WHEREAS, an application for a special use permit entitled SP-106 has been made ,by Richland Inc.,Richard C. Ernst II to permit an amusement center in the Rice Creek Center, and WHEREAS, the procedural history of the application is as follows: 1. That an application fora special use p~rmit, SP-106 was filed with the City of New Brighton on A~gust 2, 1982. 2. That the Planning Commission, pursuant to published and mailed notices, held a public hearing on August 17, 1981, all person's present at the hearing were given an opportunity to be heard. 3. That such application was reviewed by the City Council on August 24, 1982. 4. The written comments and analysis of the city staff, the Planning Commission minutes and recommendations were considered. NOW THEREFORE BE IT RESOLVED, that the New Brighton City Council makes the following Findings of Fact in respect to SP-106: 1. That the property is zoned B-3, General Business. 2. That Section 5-240 of the New Brighton Zoning Code requires a special use permit for an amusement center. 3. That Section 8-130 of the New Brighton Zoning Code lists the standards for a special use permit. 4. That due to the close proximity of an existing permitted and licensed establishment which sells alcoholic beverages specifically beer and wine, the use of an amusement center will endanger and be detrimental to the public health, safety, morals, comfort of the general welfare. 5. That because of this close proximity to the licensed establishment selling alcoholic beverages the amusement center use will be injurious to the use and enjoyment of other property in the immediate vicinity for those purposes already permitted. 6. That the shopping center has no pedestrian mall area wher activities are held outside individual business areas and there are no shops or enterprises at this time that resu1 in the concentration of a a1rge number of juvenile partrons. 7. That the shopping center has a high percentage of professional office uses consisting of insurance agents, dentist, accountants, engineers, lawyers which distinguishes the center from shopping malls with a great deal of juvenile traffic. 8. That the association of the merchants at the shopping center have reauested consideration of additional adult activities in reaard to the sale of alcho1ic beveraaes and that the Cit~ finds the proposal for an amuseme~t center in conflict with the desire for additional sales of alcoholic beverages. 9. That Rich1and, Inc. has established an amusement center prior to securing the requried special use permit. 10. That the amusement center to date has not had proper supervision and has failed to control bicycle traffic/ parking inside and outside the shopping center~ 11. That the parking of said bicycles in the halls and in front of the exit doors constitutes a fire hazard for the general public and merchants of the shopping center. 12. That the size of the facility with its proposed uses of electronic games, billiards and food sales require more supervision in terms of number and age than is being provided for.