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10-26-81 PC Minutes 14 Minutes of the Golden Valley Pianning Commission October 26, 1g81 A regular meeting of the Planning Commission was held in the Council Chambers of the Givic Center, 7800 Golden Valley Road, Golden Valley, MN. Chairman Thompson calied the meeting to order at 7:00 p.m. Those present were Commissioners: Eastes, Forster, Leppik, Moede, Polachek, Singer and Thompson. Also present were Mike Miller, Director of Planning and Redevelopment and Alda Peikert, Assistant Planner. I . Approval of Minutes - September 28, 1g81 : It was moved by Commissioner Eastes , seconded by Commissioner Singer and carried unanimously to approve the minutes of the September 28, 1981 Planning Commission meeting as recorded. II . Informal Public Hearing - Preliminary Plat: APPLICANT: Robert L. Halseth LOCATION: Southeast Quadrant of Intersection at County Road #18 and Medicine Lake Road REQUEST: Approval of Preliminary Plat of "Westview Development" This agenda item was introduced by Chairman Thompson, who then recognized Mr. Ron Alwin, Consulting Engineers Diversified, who was present to represent the proponent. Chairman Thompson asked whether the Commissioners had any questions of staff. In response to questions concerning rezoning of the undeveloped lot in the proposed plat for construction of a radio tower, Planning and Redevelopment Director Mike Miller explained that the radio tower is not an issue et the time of platting and that after platting the proponent will be required to apply for rezoning of the one lot to the Radio Zoning District if he intends to pursue construction of a radio tower. Mr. Alwin offered the proponent's viewpoint that the proposed plat would create a salable undeveioped lot with or without the rezoning required for construction of a radio tower. Chairman Thompson asked whether Commissioners had any questions of the pro- ponent, but there were no questions. Chairman Thompson opened the informal public hearing and inv,ited interested persons to speak. Hearing no response to his invitation, the Chairman closed the public hearing. It was moved by Commission r Forster and seconded by Commissioner Leppik to recommend City Council app oval of the preliminary plat of Westview Devel- opment subject to the foll wing conditions: I5 Planning Commission Minutes of October 26, 1981 l . That the name of the Plat be changed so as not to be confused with the P.U.D. Plat of "Westview Business Center"; 2. That the o�rner/developer comply with the requests listed in the attached letter from Hennepin County Department of Transportation; 3. That the owner/developer be required to donate a cash sum of $14,800 in lieu of tand as required by Section 440:80 of the City Subdivision Regutations; and; 4. That approval of the Preliminary Plat in no way guarantees approval of the rezoning of Lot 3 from Commercial to Radio District. Mr. Alwin asked whether the proponent could appeal the amount of the appraisal on which the park dedication fee is based. Mr. Miller replied that the pro- ponent may appeal an appraisal to the Planning Commission or City Council by submitting evidence documenting a different appraisal figure. The motion was carried unanimously. III . Request for Special Use Permit within a Commercial Zone District; APPLICANT: Mr. Steve Sussman 10CATION: Springgate Shopping Center REQUEST: Permission to operate coin-operated video games in a Commercial Area. Chairman Thompson introduced this request for a special use permit and distri- buted to Commissioners copies of the proposed floor plan of the operation pro- vided by the proponent. Chairman Thompson asked whether Commissioners had any questions of staff. Commissioner Moede asked about procedure for notification of surrounding property owners, noted that merchants in the shopping center praposed for location of the video game operation had not been notified, and stated she felt this should be taken into account in considering the special use permit request. Planning and Redevelopment Director Mike Miller informed the Commission that the existing City Zoning Ordinance does not require a public hearing on special use permit applications and that staff has no authority to call a hearing or notify surrounding property owners . Mr. Miller reported that he and the City Juvenile Officer had met with fhe proponent, the owner of the Springgate Shopping Center which is the proposed location, and the Coldwell Banker rental agent for the shopping center. Commissioner Eastes asked whether the Planning Commission could recommend that the City Council hold a public hearing on the specia1 use permit, and Mr. Mil }er replied that it is within the province of the Planning Commission to make such a recorr�nendation. �� Planning Commission Minutes of October 26, 1981 Commissioner Moede reported that she had discussed with the City Police Chief his concerns regarding location of a video game operation at the Springgate Shopping Center, where there have been past problems with juvenile vandalism. Mr. Miller stated that he is aware of past probtems at Springgate Shopping Center and that in response to his request to the City Police Chief for a review of the proposal , the City Police Department had provided the memorandum prepared by the City Juvenile Officer included in the staff report. Commissioner Moede asked whether staff was aware that video game operations such as the Circus in Brooklyn Park require full time employment of off duty policemen for security purposes. Mr. Miller indicated that hei� familiar with operations in other communities and that fi e feels there are some differences in this proposal . Mr. Miller suggested that the proposed combined learning and video game center offers an opportunity to test a video game ' operation in the community and to develop policy on regulation of such oper- ations in Golden Valley. Mr. Miller added that the City would have the authority to close the operation in the event it became a law enforcement problem. Chairman Thompson called on the proponent, Mr. Steve Sussma�, who gave a slide presentation on the proposed learning and video game center. Mr. Sussman' s presentation included the site location, the floor plan of the pro- posed facility, proposed house rules and curfew hours , computer systems to be installed, and the unique qualities of the proposed operation as a proto- type test center for possible expansion into additional learning and video game centers. Mr. Sussman informed the Commission that 25 percent of the floor space in the center will be devoted to video games and that he expects to derive 2 0 percent of his total income from the video games. Chairman Thompson asked for Commissioners ' questions of the proponent. Commissioner Eastes questioned the proponent concerning qualifications of employees. Mr. Sussman replied that the learning and video game center would be staffed at first by the instructors for the computer classes and intro- duced his partner, Mr. David Lewis, Control Data, who will be qualifying the employees. Commissioners Moede, Eastes and Leppik questioned the proponents concerning the necessity for addition of video games to the computer learning center, � location of the video games at the front of the facility, and the relation- ship between the video game area and the computer learning area. The pro- ponents explained that the facility will serve as an Atari test center for Atari video games, as well as Atari computer equipment. The video games will be located at the front of the facility in order to maintain the eomputer learning center at the back as a quiet and secure area. Mr. Sussman added that he feels the traffic of computer learning center patrons through the video game area will provide a beneficial influence on the game area. Concerning means of drawing young people from the games into the computer learning center, Mr. Sussman explained that juvenile patrons of the games will be subtly sollicited to investigate facilities available in the computer learning area. 1T Planning Commission Minutes of October 26, 1981 Commissioner Moede suggested that it would be worthwhile to talk with the other merchants in the Springgate Shopping Center prior to taking action on the special use permit request. Commissioner Moede stated that if the merchants agree that the proposal would be good for the shopping center, she would be the first to vote for a recommendation of approval . However, she said she felt uncom- fortable recommending approval as long as the other merchants in the shopping center remain unaware of the proposal . Mr. Sussman expressed agreement with Commissioner Moede's opinion that the merchants in the shopping center should be consulted and further expressed willingness to personnally contact the merchants. At this point, although this agenda item was not a public hearing, the Planning Commission Chairman offered to hear comments from the public. Mr. Leslie P. Slater, owner of The Phone Booth, Inc. Tocated in the Springgate Shopping Center, reported that he had first heard of the proposal the afternoon of the October 26, 198T Planning Commission meeting from the manager of the Walgreens Drug Store in the shoppin� center, Mr. Slater said that he was speaking not only for himself, but also for the managers of both Walgreens and Brown Photo in the shopping center. Mr. Slater presented to the Planning Commission letters from Walton Travel and Pleasantries Gift Shop in the shopping center, but explained that he would prefer not to read the letters into the record, as they reflect a misunderstanding of the concept of the proposed learning and game center as presented at the meeting by the proponents. Mr. Slater summarized the concerns expressed in the letters as including vandalism, teenage traffic, late hours and noise. Mr. Slater concTuded by expressing regret that the proponents were risking an excellent business in the lerning center by adding the volatile issue of video games. Mr. Dick Clark, General Manager of Byerly Foods , expressed agreement with remarks made by Mr. Slater. It was moved by Commissioner Moede and seconded by Commissioner Polachek to defer action on this item until such time as Mr. Sussman has had an opportunity to discuss his proposal with merchants in the Springgate Shopping Center and then request that Planning and Redevelopment Director Mike Miller present the item to the Golden Valley Planning Lommission for consideration of the special use permit request at that time. The Chairman asked for discussion on the motion. Commissioner Eastes spoke against the motion, suggesting that the Planning Com- mission decision should be based not on the popularity of the proponent with his potential future neighbors in Springgate Shopping Center, but on land use considerations such as negative impact on the social environment, extra police protection required, and promotion of the health, safety and general welfare of� the community. Commissioner Leppik proposed an amendment to the motion stipulating that a spokes- man for the merchants at Springgate Shopping Center be heard by the Planning Com- mission at the time Mr. Sussman returns to the Planning Commission for consider- ation of his special use permit application. Commissioners Moede and Polachek accepted the amendment to the motion. �� Planning Commission Minutes of October 26, 1981 The motion was passed by a �ote of four to three. Commissioners Eastes, Singer and Thompson voted against the motion. IV. Report on City Council Meetings: October 6, 1981 - Sue Eastes October 20, 1g81 - P1ona Moede Commissioner Eastes gave a report on the City Council meeting of October 6, 1981 • Commissioner Eastes reported that the�Council agenda did not include any items of interest to the P]anning Commission. Commission Moede reported that she was unable to attend the City Council meeting of October 20, , 1981 , but that she reviewed the agenda and determined that there were no items of interest to the Planning Commission. V. Report on HRA Meeting - October 13, 1981 : Dave Thompson Mona Moede Chairman Thompson gave a report on the HRA meeting of October 13 , 1981 and reported that the major item on the HRA agenda was authorization for purchase of the Ewald Dairy property. VI . Report on BZA Meeting - October 13, 1981 - Bill Forster: Commissioner Forster gave a report on the BZA meeting of October 13, 1981 and reported that most items before the BZA that evening were returned items carried over from previous meetings. VII . Initiation of Comprehensive Land Use Study of Park Lands - Dave Thompson: Chairman Thompson suggested that the Planning Commission initiate a comprehensive land use study of park lands in the City with the objective of preparing guide- lines for determining appropriate multiple uses of park lands . The Commissioners discussed the proper role of the Planning Commission in con- tributing to a study of park land usage. It was moved by Chairman Thompson and seconded by Commissioner Leppik that the Planning Commission Chairman send a letter to the City Mayor suggesting that a comprehensive examination of all Cit}r parks and the variety of uses that could be made of them be undertaken by the appropriate body as soon as possible. � Commissioner Eastes asked whether the Chairman would be willing to draft a letter for review by the Planning Commission at the next meeting. Chairman Thompson agreed to this suggestion. 19 Planning Commission Minutes of October 26, 1g81 Planning Commissioners made suggestions to the Chairman for items to be included in the letter. Commissioner Eastes suggested that the letter explain the need for the study, which is lack of available park land for various uses. Gommissioner Leppik suggested that the City Council be requested to develop policy and procedure for citizen input at the time of change in park use. Commissioner Eastes further suggested that the letter express Planning Commission willingness to assist in the study as a part of the Planning Commission comprehensive planning responsi- bility. Chairman Thompson accepted all of these suggestions for incorporation into the draft letter. Chairman Thompson asked for discussion on the motion. Commissioner Eastes questioned the need for a motion at this time and suggested that action in the form of a motion be deferred until after the Planning Commission has reviewed the draft letter. Chairman Thompson withdrew his motion, and a substitute motion was made by Commissioner Singer to defer action pending Planning Commission review of the draft letter. The motion was seconded by Cor�nissioner Eastes and carried unanimously. The meeting was adjourhed at 9:20 p.m. Respectfully submitted, � �+^� Dav i d Thompson, Cha i rm