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HomeMy WebLinkAbout1993-08-17 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION AUGUST 17, 1993 I. CALL TO ORDER. The regular meeting of the City Planning & Zoning Commission was called to order by Vice- Chairman Shoop at 7:00 P.M. in the City Council Chambers of the Englewood City Hall. Members present: Clemens, Dummer, Garrett, Gerlick, Shoop, Tobin, Covens (late) Merkel, Ex-officio Members absent: Bleau, Mason II. APPROVAL OF MINUTES August 3, 1993 Vice-Chairman Shoop stated that the Minutes of August 3, 1993, were to be considered for approval. Mr. Clemens offered two amendments: Page 4, second paragraph from the bottom of the page in the next-to-last sentence --eliminate the first "the"; on Page 6, second paragraph from the top of the page, sixth line of the paragraph, insert the word "be" so the statement reads "that this would be no problem". Tobin moved: Clemens seconded: The Minutes of August 3, 1993 be approved, as amended. AYES: NAYS: ABSENT: ABSTAIN: Clemens, Dummer, Garrett, Gerlick, Shoop, Tobin None Covens, Mason, Bleau None The motion carried. ill. CONDITIONAL USE Amusement Center 3958 South Broadway CASE #9-93 Ms. Tobin stated that she had received a telephone call from Mr. Gregorye Carter regarding this case; Ms. Tobin stated that she had told Mr. Carter that she did not feel comfortable dis- cussing the issue prior to the Public Hearing. She stated that no discussion ensued, but she wanted the Commission to be aware of the contact with Mr. Carter prior to the Hearing. Mr. Gerlick stated that he also had received a telephone call from Mr. Carter, and he had also advised Mr. Carter he could not discuss the issue prior to the Hearing. Clemens moved: Garrett seconded: The Public Hearing on Case #9-93 be opened. Mr. Covens entered the meeting during the call of the roll. AYES: NAYS: ABSENT: ABSTAIN: Dummer, Garrett, Gerlick, Shoop, Tobin, Clemens, Covens None Bleau, Mason None The motion carried. Mr. Shoop stated that he had in hand a copy of the Notice of Public Hearing, which was pub- lished in the Englewood Herald on August 5, 1993, and that the property has been properly posted. Mr. Covens assumed the Chair, and apologized for being late. Mr. Covens asked for the staff presentation. Lee Merkel was sworn in, and testified that he is the Director of Community Development. The issue before the Commission is a request for approval of an amusement center (video games) as a Conditional Use at 3958 South Broadway. An amusement center is a Conditional Use in the B-2, Business, Zone District. Mr. Merkel reviewed the requirements for Condi- tional Use approval as listed in the Municipal Code. He then reviewed the approval granted in 1989 for the Sports Center at 3978 South Broadway, at which time the Commission imposed operating hours on the applicant, and required a review of the operation after six months to consider violations and complaints that were registered with the Englewood Police Department. Mr. Merkel stated that the Commission has the option to approve the request for Conditional Use, to approve with conditions, or to deny the request. The Commission must determine whether the use is appropriate, and whether it fits into the neighborhood. Mr. Merkel stated that the application does not go into very much detail on the proposed operation. The staff recommendation is that all applicable City Codes and Ordinances will have to be complied with prior to commencement of any operation in this location. Mr. Shoop asked for clarification of "South Broadway commercial corridor ". Mr. Merkel stated that there is the Central Business District, roughly from the 3200 -3600 blocks of South Broadway, and over to Cinderella City; the remainder of the commercial zoning along South Broadway, both north and south, is described as the "South Broadway commercial corridor." 2 This commercial activity is only for the Broadway frontage, and does not extend beyond the alley on either the east or west side of Broadway. Mr. Covens inquired whether the hours of operation cited for the Sports Center operated by Mr. Carter were voluntary. Mr. Merkel stated that this was a condition of approval imposed by the Commission. Mr. Clemens inquired whether the hours for curfew were the same as four years ago. Mr. Merkel stated to his knowledge , the hours have not been changed. Mr. Covens asked for clarification of the terminology "physically limited" access. Mr. Mer- kel pointed out that Messrs. Yanez have indicated that they will have retail sales from the premises in addition to the video amusement, and it is staff's suggestion that the video games be physically separated from the retail sales area, particularly in light of the recommendation that the hours of operation for the video games be restricted. Mr. Covens stated that the Commission would now hear from the applicant, proponents and opponents of the proposal. He asked that those wishing to address the Commission please limit their time to 15 minutes. Omak Yanez, 5094 South Grove Street, was sworn in. Mr. Yanez stated that he was speaking on behalf of the owners and proprietors of the proposed "Omak's Place". He stated that they had received a letter from Mr. Merkel, with a copy of the Staff Report, earlier on this date, and cited the recommendation of the staff contained in the Staff Report. Mr. Yanez stated that he and his father, Miguel Yanez, will accept the proposed restriction on hours of operation as cited in the Staff Report. Mr. Yanez stated that they have received a commercial amusement license for three video machines from the City Clerk; they are now asking for approval of up to 10 video machines total. Mr. Yanez pointed out that there are a number of businesses who have two or three video machines and operate the machines during school hours; he cited businesses such as Seven-Eleven. Mr. Yanez did state that the Seven-Eleven in this block has removed the arcade devices from their store, however. Mr. Yanez questioned whether, inasmuch as the City did grant approval for the three video machines, all 10 machines they are now requesting would have hours of operation restricted, or only the seven additional they are requesting. Ms. Tobin stated that the restriction would apply to the total of 10 video machines; there would be no exemptions. Mr. Yanez asked for clarification of "physically limited", also. Mr. Merkel stated that the in- tent is that the video machines be partitioned off in some manner from the remainder of the retail operation, or that the machines be locked in some manner to prevent operation during the restricted hours. Mr. Covens asked for amplification on the proposed use and the square footage of the site. Mr. Yanez stated that the total square footage of the building is approximately 250 square feet (16 x 16); he proposes two counters, with video machines on the north and east walls. Vend- 3 ing machines would be located in the area, also, which machines would have soda and candy for sale. The 250 square feet includes a small bathroom area; the remainder of the square footage is one room. Ms. Tobin inquired about the building capacity. Mr. Merkel stated that this would be deter- mined as part of the Building Permit approval process. Mr. Covens inquired about Mr. Omak Yanez' relationship to the business venture, and to the applicant. Mr. Omak Yanez stated that the applicant and operator of the business is his father, Miguel Yanez; that he, Omak, is the financial backer and will be involved to a degree in the operation, but that he cannot assume full responsibility for the business because he is still un- der the age of 21. Mr. Clemens inquired about the relationship of video amusement center and the retail sale of paging devices. Mr. Yanez stated that sale of the paging devices will allow parents to get in touch with their children at all times. Mr. Yanez stated that purchasers of the paging devices must be over 18 years of age. Mr. Yanez discussed the restrictions on sale of pagers, the records that must be kept (identification, address, social security numbers, etc.) and processed before putting the pager in operation. Mr. Yanez stated that he is the agent for Page-Mart. Mr. Yanez further stated his awareness that use of pagers by teens has been associated with drug dealing and gang activity; the clientele of Omak' s Place will be closely monitored and he assured the Commission that granting the Conditional Use will not cause trouble in the neighborhood. Mr. Shoop inquired about the age of the clientele Mr. Yanez expects to attract. Mr. Yanez estimated the age will range from 15 to 22 years of age. Mr. Covens asked whether there will be rental of paging devices. Mr. Yanez stated there will be no rentals; it will be strictly a retail operation. Mr. Covens asked what other businesses Mr. Yanez contemplated operating at this location besides the video games, pager sales, and vending machines. Mr. Yanez stated that no other business ventures are considered for this location. Mr. Covens asked whether Mr. Yanez would consider operating the business if other restric- tions were to be imposed. Mr. Yanez stated that he would agree that none of the businesses would be operated at all until after 3:00 P.M. if this is the determination of the Planning Commission. Mr. Covens asked if Mr. Yanez was familiar with the 3900 block of South Broadway. Mr. Yanez stated that he has been employed by Buy Back Games at 3916 South Broadway; he re- cently received a promotion and transfer to the Thornton store, but has requested to be trans- ferred back to the Englewood location so that he may assist in Omak's Place. Mr. Yanez stated that he knows many of the local businessmen, and many of the young people who fre- quent the businesses in the block. Mr. Yanez stated that Seven-Eleven is a big attraction for 4 the school-age crowd during their lunch hours; the traffic from school youngsters drops off during the evenings and over the week-ends. Discussion ensued. Mr. Merkel stated that if the hours of operation at Omak's Place are the same as those for the Sports Center, which is after school, there would be no need for the physical separation of the retail sales from the video game operation. Mr. Yanez stated that he would agree the business will not open at all until after 3:00 P. M. Mr. Shoop inquired about parking. There are two spaces in front; is there more parking avail- able. Mr. Yanez stated that there is additional parking on the north side of the building, and their lease states that these spaces may be used by Omak' s Place. He stated that parking will not be a problem for this business. Mr. Gerlick commented that the size of the building is very small. Mr. Yanez stated that 10 video machines can be accommodated in addition to the counters and vending machines. He acknowledged that the number of video machines will depend on the size of the individual machine. Ms . Tobin asked whether the building had two exits. Mr. Yanez stated there is only one exit. Mr. Shoop inquired whether a possible expansion has been considered. Mr. Yanez stated they are not considering expansion of the business or premises at this time. Mr. Covens thanked Mr. Yanez for his presentation. He then asked Mr. Robert Naudack to address the Commission. Robert Naudack, 3997 South Lincoln, was sworn in. Mr. Naudack stated that he has lived at this address since 1960 and owns rentals at 3971 and 3983 South Lincoln Street. He does not want to see any use approved which will jeopardize the usability and valuation on his property. Mr. Naudack stated that renters at 3971 South Lincoln have on-street parking; the renters at 3983 South Lincoln park at the rear of the property. Mr. Naudack stated that his residence is on the corner, and he occasionally has people who park along Nassau who are going to the Cat Clinic or to the auto shop in that block. Mr. Garrett asked what Mr. Naudack's concern is with the proposed amusement center. Mr. Naudack stated that he has lived in Englewood since 1940, and seen lots of changes --good and bad --and doesn't think this proposal will "accomplish anything". He stated that he has had no problem with the Sports Center, and basically isn't aware it is there. Mr. Naudack stated that he feared increased traffic using the alley will be to the detriment of the residential neighborhood. Gregorye Carter, 6699 South Helena Street, was sworn in. Mr. Carter testified that he and his wife own and operate the Broadway Sports Center at 3978 South Broadway. This use was approved by the Planning Commission in 1989. Mr. Carter presented a petition in opposition 5 to Omak's Place signed by 147 people; these signatures were obtained from August 4 through August 16. Mr. Covens read the heading of the petition submitted by Mr. Carter into the record: "We the undersigned residents and/ or business owners are hereby opposed to the approval of an amusement center to be located at 3958 S. Broadway, for the following causes: 1. Locating an additional amusement operation at 3958 S. Broadway places an excessive number of operations on the same city block, whereas a preexisting amusement place already serves the area's needs from 3978 S. Broadway, 2. An additional amusement location will promote loitering, conceivable vandalism and violence, 3. Limited available parking will be further burdened by long time-span use, 4. Inordinate amounts of electrical equipment in cramped quarters, with antiquated and undersized electrical service represents a public safety and fire hazard, 5. Premises fail to meet sanitary facilities and accessibility requirements of the Americans with Disabilities Act, 6. In summary, the newly proposed amusement place fails to promote or protect the pub- lic safety and welfare of this neighborhood, nor does it add any redeeming value for the citizens of the City of Englewood." Mr. Covens asked who wrote and circulated the petition. Mr. Carter stated that he talked to some of his neighbors and talked to City staff; the idea of a petition was suggested, and City staff provided him with names of Planning Commission members who had been members when his Sports Center was considered, and were still on the Commission. Mr. Covens asked for a synopsis of the four years of operation for the Sports Center. Mr. Carter stated that it has taken time to develop the business; they have built up a clientele, and it is a good, clean operation, well lighted, and very people-oriented. The rules of operation are visibly posted so that everyone coming into the business knows up front what is acceptable behavior, and what is not. Individuals who do not want to abide by the rules are asked to leave the premises. Mr. Garrett inquired how many video games Mr. Carter's establishment has. Mr. Carter stated that there are 16 video games in 1,500 square feet. He was required to have handi- capped facilities because it was a "change of use", and he had to meet the ADA requirements. Mr. Carter stated that the proposed location of Omak's Place is of great concern, and cited the "territorial nature" of teenagers and expressed the fear that Omak's Place is in too close proximity to his Sports Center. Mr. Carter expressed the concern that two businesses featur- ing video games might lead to loitering and vandalism in the neighborhood. Mr. Carter stated that in his opinion, the square footage for Omak' s Place is too small, and will lead to kids bumping into one another, which will ultimately lead to fights. Parents of his clientele to whom he has spoken have expressed concern that the two businesses would be too close. Mr. Carter stated that he has experienced broken windows in his business from vandalism, as have other businesses, and his place of business was burglarized in May. Mr. Carter stated that Seven-Eleven removed their video game machines because of the amount of profanity and 6 noise that they could not control from the people using the machines. The businesses in the block have worked to improve the area, cleaned up the graffiti, and have upgraded their image in the community. Mr. Carter stated that there are residential uses immediately abutting the proposed video amusement center, and that the structure is too small for the purposes proposed. Mr. Carter stated that in his opinion, parking will be a problem and the residents will be disturbed. Mr. Carter stated that his business has four or five spaces which are accessed from the alley, but which are rarely used because of the hours of his operation --the majority of other businesses in the block are closed in the evening, and parking is not a problem. Mr. Carter pointed out that the subject premises do not meet the needs of handicapped accessibility. Mr. Covens asked what impact this would have on, and what input was received from, Buy Back Games. Mr. Carter stated that Buy Back Games is an entirely different concept; the games are purchased and taken home --not played on the premises. Mr. Carter discussed a 1,000 foot rule between "amusement arcades". Mr. Shoop asked how many incidents the Sports Center has had where the Police were in- volved. Mr. Carter noted the burglary in May, and at one time there was a "housefull of skin- heads" living across the alley, which did cause some problems, but was taken care of very quickly. Mr. Carter reiterated they have established a regular clientele, and rarely have to ask someone to leave. Mr. Covens asked whether Mr. Carter had information on other area amusement arcades -- success, growth, etc. Mr. Carter noted that most Malls have one per Mall; others in close proximity do experience problems. An arcade in Castle Rock is closing; East Side Amusement on Colfax is closing; Mickey Finn's is closed, Seven-Eleven has removed their games. Ms. Tobin asked about the distance between Omak's Place and the Broadway Sports Center. Mr. Carter estimated 120 ft. Mr. Clemens asked why Mr. Carter felt there might be a problem with loitering if Omak's Place were to be approved. Mr. Carter stated that the establishments are too close, and reit- erated the "territorial" attitude of teens. He stated that he wants to avoid conflicts between different groups of teenagers who might frequent the two establishments. Mr. Carter then addressed the sale of pager devices. He suggested that school personnel do not want pagers in the classrooms, and that parents do not, as a rule, try to contact the child during the school day . Furthermore, while the parent may page a child, this does not mean the child will, in tum, contact the parent. Mr. Carter stated that his establishment now does not open for business until 7:00 P.M. because parents wanted their youngsters to come home after school and be home for the dinner hour; he changed the hours of operation to meet the needs and wishes of the parents of his clientele. Mr. Carter emphasized that he has worked with the neighbors in the block, across the alley, with the school system, and with parents to 7 assure a good, safe operation. The block is cleaning up, graffiti is gone, trash and junk cars are being removed. Ms. Tobin inquired about the 1,000 foot rule cited by Mr. Carter. Mr. Merkel stated that the 1,000 foot rule in the Comprehensive Zoning Ordinance pertains to adult establishments, not to amusement arcades or video game establishments. Mr. Covens inquired about Fire Code provisions. Mr. Carter stated that if the Conditional Use is granted, he assumed Mr. Yanez would have to bring the structure up to the standards of the Fire Code, Electrical Code, etc. Mr. Carter stated that he had to totally rewire the building for his business. Mr. Merkel emphasized that this would be part of the building permitting process, and the staff recommendation is that ALL codes and ordinances will have to be complied with. Nancy Carter, 6699 South Helena, was sworn in. Ms. Carter testified that she and her hus- band operate the Broadway Sports Center, and her concerns pertain to a reoccurrence of vandalism and graffiti brought about by an increase in teen traffic and/or a different type of clientele. Ms. Carter stated that the Broadway Sports Center allows no drugs , no drinking, and there is strict enforcement of all rules of good behavior. Ms. Carter expressed her fears that clientele from the two establishments will "clash", graffiti and vandalism will occur. She stated that Mr. Carter gives instruction in Foos-ball, they conduct Foos-ball tournaments, and it's a place for kids to come and have good, clean, fun. Mr. Shoop asked how long the patrons stayed. Mr. Carter estimated anywhere from one hour up to closing time. Mr. Covens asked if Mr. and Mrs. Carter would like to see their operation expand. Ms. Car- ter stated that expansion might be possible in the future, but not right now. Expansion is not something they have considered in the near future. Ms. Carter pointed out that not all of their clientele is local foot-traffic; there are people who drive in to play Foos-ball, pool, or the video games. John Garcia, 636 South Pennsylvania, was sworn in. Mr. Garcia testified that he is the new owner of the business selling cellular phones. He stated that he is agent for Page-Mate, and he has experienced a lot of younger people coming in to ask about purchasing pager devices. Mr. Garcia stated that the age limit for purchase or lease of pagers is 18 years of age, but he has had youths bring someone indicating they will "sign for them" to acquire a pager. Mr. Garcia agreed that just because a child is paged, does not mean he will return the call. Mr. Garcia stated that pagers in connection with business operations are fine, but pagers for youth is not a good idea. He stated that he is a youth pastor, and that he is concerned about young people. Mr. Garcia stated that people have been mugged because they carry a pager. Mr. Garcia stated that he did not feel the sale of pagers and the gaming devices should be "hand-in-hand". Mr. Covens inquired whether a pager can be traced if the purchaser is robbed. Mr. Garcia stated that the pager locations can be traced. He further stated that schools don't like to have 8 pagers, and even though the youngster may keep the pager in the locker, there are "vibration devices" which alerts them that they have been paged. This entire operation is disruptive to classroom attention and learning. Mr. Yanez again addressed the Commission. He stated that Broadway Sports Center has a sign directing patrons to parking from the alley, while his establishment will rely on parking on-street and on the north side of the building. Cars using the alley now are already a concern, but would not be compounded by his business. Mr. Yanez stated that the petition presented by Mr. Carter is a petition against competition. Mr. Yanez stated that he is "a good person, of good moral character, and wants to run a good moral business." Many of the cli- ents he anticipates are his friends he has made through working at Buy Back Games, and that he has gone to school with a number of the people who will be coming to his business. He will also expect good behavior from his clients. Mr. Yanez stated that he did not feel there would be territorial disputes among teens from Englewood , but possibly could be if teens or clients came in from another community. Mr. Yanez stated that it appears that Southland Corporation (Seven-Eleven) is removing the video games from the majority of their stores , not just the store at Broadway and Mansfield; this was a measure to reduce the theft the stores experienced from youngsters frequenting them to play the games. Mr. Yanez stated that it is his intent to make his operation a safe place for his clients and friends to frequent, and he doesn't want to create problems for his friends and clients. Mr. Yanez stated that it is his hope that he and Broadway Sports Center could share customers. As far as the loitering problem, he pointed out that it takes much longer to play a game of pool than it does to play a video game. Mr. Yanez emphasized that he wants to promote the same good image as the Broadway Sports Center. Mr. Yanez addressed the issue of pagers being used by youth, and suggested that we "should not type kids because they carry a pager". He stated that he carries a pager; he is not a gang member, and has no affiliation with any gangs. He suggested that the "typing" of kids is an injustice to the youth. Mr. Covens stated that he appreciates Mr. Yanez' position, but the Commission wants to get all the information that is available to them before making a decision. Mr. Yanez stated that one of the City inspectors had already visited the site, and has informed them what has to be done to meet specific codes. They, too, are having to put in new electrical service. Mr. Shoop inquired about the ADA requirements. Mr. Yanez stated that this has not been mentioned to him. Mr. Covens inquired whether the ADA requirements apply to all new businesses. Mr. Merkel stated that they apply to all public buildings, and pointed out that Mr. Yanez would be limiting his clientele should he not make the establishment accessible to the handicapped. Mr. Merkel again emphasized that Mr. Yanez must comply with ALL applica- ble codes and ordinances . Ms. Tobin expressed concern about the lack of two exits, and having the building filled with youngsters should a fire occur. 9 The residential uses to the rear of the commercial uses on the Broadway frontage were dis- cussed. Mr. Yanez stated that the gentleman who leased him the building, also owns the structures abutting the rear of 3958 South Broadway. Mr. Covens asked if Mr. Yanez would be involved in the day-to-day operation of the business. Mr. Yanez again stated that his father, Miguel Yanez, will be actually operating the store and he is asking for a transfer back to the Englewood area so that he can be of help. Brief discussion ensued regarding the recommendation from the staff. Gerlick moved: Clemens seconded: The Public Hearing on Case #9-93 be closed. AYES: NAYS: ABSENT: ABSTAIN: Garrett, Gerlick, Shoop, Tobin, Clemens, Dummer, Covens None Mason, Bleau None ********** Mr. Covens declared a recess of the Commission. The meeting reconvened; seven members present. Messrs. Bleau and Mason were absent. ********** Mr. Covens stated that the Commission has the option to deny the request, to approve, or to approve with conditions. Issues of concern that have been identified during the course of the Hearing are ADA requirements, Fire Code issues, and the 1,000 foot distance issue. Mr. Merkel emphasized that the Conditional Use, if approved, will have to comply with ALL applicable codes and ordinances, and if the ADA regulations apply, they will certainly have to be met. This will be determined through the Building permitting process. Mr. Merkel stated that he can find nothing in the Comprehensive Zoning Ordinance restricting distances between amusement establishments, but there may be some provision through the licensing regulations. Mr. Merkel stated that this hearing has a narrow focus on the issue of "use". The Commission has heard from the proponents and from the opponents, and has received the petition in opposition. Mr. Covens stated that he feels the issue is business versus business, not business versus resi- dential. He does have some reservations on the unknown issues, such as the clientele the new establishment will attract, but on the other hand, the Commission can restrict the hours of operation to lessen the possible impact on school youngsters. Mr. Gerlick stated his concerns were basically the effect on the residents, but pointed out that the residential community did not tum out for the Hearing. Mr. Merkel suggested that while many residents have signed the petition in opposition, it cannot be determined whether 10 objections are based on the use or on the statements at the top of the petitions which did not relate to the proposed use, but were Building Code issues. Mr. Shoop asked whether the Building Division review will address the issue of building oc- cupancy. Mr. Merkel assured Mr. Shoop this will be addressed by the Building Division. As far as restricting the hours of operation, he suggested the Commission should be consistent with the restrictions that were placed on the Sports Center. Mr. Covens stated that he is concerned about the issue of pagers and pager sales . He is con- cerned because he doesn't know the size of the business itself, and if the Commission can place restrictions on the hours of operation, he is of the opinion the Commission can take into consideration the size of the area to be used for retail purposes. Covens moved: Clemens seconded: The Conditional Use requested by Miguel Yanez for 3958 South Broad- way as an amusement arcade/retail establishment shall be granted with the following conditions: 1. There shall be no retail sale of pagers. 2. The hours of operation shall be restricted as follows: During the School year, from 3:00 P.M. to 10:00 P .M. on school days; on Sun- days, the hours shall be from 12 Noon to one hour before curfew. The hours on Saturdays and during summer months shall be from 12 Noon to one hour before curfew. Mr. Gerlick asked if the sale of pagers is permitted . Mr. Merkel stated that sale at retail is a permitted use. Mr. Shoop offered a "friendly amendment" to require Commission review of the business after six months in operation; this review shall include any incidents on file with the Police Depart- ment. Mr. Covens and Mr. Clemens accepted the friendly amendment to the original motion. Mr. Dummer asked what the concern is regarding the sale of paging devices. Mr. Covens stated that he is taking into consideration the size of the area and how many business ventures are being proposed, there is a need to address the safety and size standards of the establishment; plus, he is taking into consideration the testimony presented versus what was stated on the application. Mr. Shoop stated that he feels the Commission needs six months of "history" on the operation to base a full judgment on the operation of this business. Ms. Tobin asked whether the Commission could restrict the types of retail sales. Mr. Merkel stated that in his opinion, the Commission can place restrictions for the welfare of the neigh- borhood. 11 Mr. Clemens asked Mr. Covens to explain his concerns. Mr. Covens reiterated the size of the business location is too small for so many operations, when you consider the applicant is talk- ing about 10 video machines, vending machines, in addition to a retail operation. Mr. Covens asked for the call on the vote. Mr. Merkel suggested that the Commission should vote on the amendment. Discussion ensued. The Chair ruled that amendment was accepted by the maker and the second , and the vote shall proceed. The motion, as amended, is: Covens moved: Clemens seconded: The Conditional Use requested by Miguel Yanez for 3958 South Broad- way as an amusement arcade/retail establishment shall be granted with the following conditions: 1. There shall be no retail sale of pagers. 2. The hours of operation shall be restricted as follows: During the School year, from 3:00 P.M. to 10:00 P.M. on school days; on Sun- days, the hours shall be from 12 Noon to one hour before curfew. The hours on Saturdays and during summer months shall be from 12 Noon to one hour before curfew. 3 . The Commission shall review the Conditional Use after six months in operation, with particular attention being paid to incident re- ports on file with the Police Department. AYES: NAYS: Shoop, Clemens, Garrett, Covens Gerlick, Tobin, Dummer ABSENT: Bleau, Mason ABSTAIN: None The motion carried. IV. FINDINGS OF FACT South Suburban Parks & Recreation District Planned Development --Regional Park CASE #8-93 Chairman Covens asked what progress has been made to resolve the issues with traffic and utility service on the Regional Park. Mr. Merkel stated that SSPRD representatives have met with Traffic personnel and with Utilities personnel, and are working on a resolution of the problem issues. They have indicated they fully intend to have these resolved prior to the issue being forwarded to Council for its consideration. Mr. Covens stated that the Findings of Fact are to be considered. Mr. Dummer suggested that Page 4, #3 be amended to state the number of ball fields shall be limited to NO more than three. 12 Garrett moved: Dummer seconded: The Findings of Fact for Case #8-93 be approved as amended. AYES: NAYS: Shoop, Tobin, Clemens, Dummer, Garrett, Gerlick, Covens None ABSENT: ABSTAIN: Mason, Bleau None The motion carried. V. PUBLIC FORUM No one was present to address the Commission. VI. DIRECTOR'S CHOICE. Mr. Merkel suggested that the September 21 meeting be used as a study session, and that Mr. Stitt would be available at that time to have a last discussion with the Commission on the vari- ous Zoning Ordinance amendment proposals prior to setting a Public Hearing date. Mr. Merkel pointed out that Mr. Stitt will not be available to meet with the Commission on September 8, inasmuch as the Labor Day Holiday has moved the Commission meeting date back to Wednesday, which creates a conflict with the regular meeting date of the Board of Adjustment & Appeals. Mr. Stitt serves as staff advisor to the Board and has to attend those meetings. If the Commission does have a meeting the evening of September 8, it will be in Conference Room because the Board does have Hearings scheduled in the Council Chambers. The possibility of canceling the meeting of September 8 was also discussed. Mr. Merkel pointed out that staff is in the middle of budget discussions, budget retreats, etc. Brief discus- sion ensued. Mr. Shoop suggested that the Commission next meet on September 21. The City Council/Planning Commission annual meeting is coming up; dates which have been suggested are October 4 (Council preference); October 18, November 1, and November 15. After discussion, it was the consensus of the Commission to suggest that November 15 would work best for the majority of the Commission members. VII. COMMISSIONER'S CHOICE Discussion ensued on the vote taken on the Conditional Use earlier in the evening. The need for legal advice during the course of meetings was emphasized, and Mr. Merkel suggested that Mr. Brotzman's attendance be required at every Commission meeting. Further discussion en- sued. 13 The meeting adjourned. Gertrude G. Welty, Recording Secre 14