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