11-09-81 PC Minutes �o
Minutes of the Golden Valley
Planning Commission
November 9, 1981
A regular meeting of the Planning Commission was held in the Council Chambers
of the Civic Center; 7£300 Goiden ValJey Road, Golden Valley, MN. Chairman
Thompson called the meeting to order at 7:05 p.m.
Those present were Corr�nissioners: Eastes , Leppik, Moede, Polachek, Singer and
Thompson. Commissioner Forster was not present.
Also present were Mike Miller, Director of Planning and Redevelopment and Alda
Peikert, Assistant Planner.
I . Approval of Minutes - October 26, 1981 :
It was moved by Commissioner Moede, seconded by Commissioner Eastes and carried
unanimously to approve the minutes of the October 26, 1981 Planning Commission
meeting as recorded.
II . Request for Special Use Permit within a Commercial Zone District (con' t) :
APPLICANT: Mr. Steve Sussman
LOCATION: Springgate Shopping Center
REQUEST: Permission to operate coin-operated video games
in a Commercial Zone District
Chairman Thompson introduced this agenda item, noted that it was a continuation
from the last meeting, and reviewed the motion passed at the previous meeting to
defer action until the proponent had an opportunity to speak to prospective
neighboring merchants at the Springgate Shopping Center and explain his proposal .
Copies of a memorandum from the proponent, Mr. Steve Sussman, relating his dis-
cussions and meetings with merchants at Springgate Shopping Center were distributed
to Commissioners.
Commissioner Moede asked whether any communication had been received directly from
the tenants at Springgate Shopping Center. Planning and Redevelopment Director
Mike Miller replied that the only written communication was the letter from
Don Byerly, Byerly Foods, attached to Mr. Sussman' s memorandum. Mr. Miller added
that the manager of the savings and loan at Springgate Shopping Center had
visited him to` obtain further information on the proposal and had not expressed
any objections to the proposal at the time of his visit.
Chairman Thompson called on the proponent, Mr. Steve Sussman, to report to the
Commission on his efforts to inform the Springgate Shopping Center merchants of
his proposal , as directed by the Planning Commission at the iast meeting. Mr.
Sussman reported that he had talked individually to every tenant in the Springgate
Shopping Center and had invited all tenants to attend an informational meeting.
The informational meeting was attended by six of the fifteen tenants. Not one of
the tenants attending the informaltional meeting expressed objections to the
proposed use moving into the shopping center. One of those attending the meeting
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Golden Valley P}anning Minutes of November 9, 1981
said he intended to attend the Planning Commission meeting but was not present.
Mr. Sussman observed that the absence of the merchants from the Planning Commission
meeting illustrated their lack of eoncern over or objections to his proposal .
Mr. Sussman concluded with the observation that the informational meeting had been
a very positive one.
Commissioner Leppik asked Mr. Sussman whether it would be possible to close his
facility at 10:00 p.m. when the other stores in the shopping center close. Mrc
Sussman replied that the majority of the other stores in the shopping center
close anytime between 6:00 and 8:30 p.m. Commissioner Leppik questioned whether
it would be possible to turn off the power to the video games at the time the
other stores close and whether turning off the power to fihe games would not be
more practicable than use of an ID card system for juveniles. Mr. Sussman replied
that his facility would have a separate entrance eliminating necessity to coordinate
the closing time with that of other stores , but that it would be physcially possible
to turn off power to the video games at a specified time if such acfion becomes
necessary in order to deal with future problems . Mr. Sussman added that he felt
it would be unfair to adults using the games to turn off the power at curfew
rather than using an ID card system for juveniles. Mr. Sussman reported that
experience with video games has shown that the clientele is 30 percent adults.
Commissioner Leppik asked whether there had been concern expressed by merchants
in the shopping center over the fact that the proposed special use would be opened
later than the other stores. Mr. Sussman replied that there had been no conern
expressed.
Commissioner Singer asked whether the proponents were prepared to continue in
business at Springgate Shopping Center in the event the special use permit for the
video games should be rescinded due to future problems. Mr. Sussman replied that
the video center would be closed if the permit were rescinded and that the
remaining portion of the operation could remain opened but would be only half a
business .
Chairman Thompson reviewed for the Commission the ordinance criteria for granting
of a special use perrnit. Commissioner Eastes adderl as a general criterion for
evaluation of any land use consideration of the health, safety and welfare of the
community.
Commissioner Moede moved denial of the special use permit requested by Mr. Sussman
in the name of the Computer Gametown and Learning Center for the two following
reasons:
1 , The existing businesses at the Springgate Shopping Center would be adversely
affected by the proposed special use.
2. Approval of the proposed special use would not promote good land use in accor-
dance with Planning Commission responsibility to the community regarding the
public health, safety and general welfare.
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Planning Commission Minutes of November 9, 1981
Commissioner Eastes seconded the motion and gave the following two reasons for
supporting the motion:
1 . The proposed special use would require extra police protection.
2. The proposed special use would in fact have a negative impact on the social
environment of the community.
Commissioner Moede requested that her motion be amended to include the two points
made by Commissioner Eastes.
Chairman Thompson asked for discussion on the motion.
Commissioner Leppik spoke against the motion, expressing the opinion that the
proponent should be given an opportunity to try his operation with stringent
limitations such as s�ecification of hours more compatible with those of the rest
of the Springgate Shopping Center.
Chairman Thompson spoke against the motion, stating that he was not convinced that
the proposed special use would be a detriment to the community based on the reasons
cited in the motion.
Chairman Thompson called for the vote, and the motion was passed by a vote of four
to two. Commissioners Leppik and Thompson voted against the motion.
III . Report on City Council Meeting - November 4, 1981 - Dave Thompson:
Chairman Thompson gave a report on the City Council meeting of Nouember 4, 1981 •
Agenda items of concern to the Planning Commission included the following:
1 . Public hearing on rezQning of 6835 Sandburg Lane to the Two Family (R-2)
Residential Zoning District.
2. Public hearing on PUD #32 and deferral of action to December 1 , 1981 to reach
agreement on provision for a street construction feasibility study. Any
change in the PUD general plan of development resulting from street co�struction
will require a return to the Planning Commission.
Commissioner Singer left the meeting.
3. Pub}ic hearing on rezoning of City owned �roperty at 801 Ottawa Avenue North.
4. Public hearing on Conditional Use Permit for Weight Lifting Studio at 670
Mendelssohn, which will be approved by ordinance requiring two readings before
the Council .
5• Letter from the Minnesota Department of Transportation regarding installation
of a traffic signal at Highway 55 and Meadow Lane, explaining thafi signalization
of the intersection is rated 43rd in priority out of 73 signalization projects
in the district. Installation by the state could not be expected before
195� and earlier installation would require City Councit action to fund the
project. The City Council did not take action to fund the signal construction,
and it is assumed that signalization will take place according to the State
time schedule. -
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Planning Commission minutes of November 9, 1981
6. Approval of City participation in the Section 8 Moderate Housing Rehabilitation
Program administered by the Metro HRA. No City money is involved in program
participation.
7. Communications Subcommittee suggsstion for a neighborhood oriented newsletter.
Commissioner Moede expressed the opinion that the newsletter should be a
Citywide publication, and Chairman Thompson agreed with this opinion.
8. Letter from Rhoda Jaffee requesting City Council appointment of an Advisory
Commission on Traffic Control and Safety for the City of Golden Valley,
resulting from concern over traffic problems in the vicinity of Pennsylvania
Avenue South and Ridgeway Road. Chairman Tl�ompson has been notified by the
Mayor thatt'h� City Council is considering designation of the Planning Com-
mission to serve in the capacity of Advisory Commission on Traffic Control
and Safety and that the� �roposed designation will be further discussed at the
Communications Subcommittee meeting scheduled for November 20, 1981 . Chairman
Thompson requested that Commissioner Leppik be available to take the place
of Commissioner Singer on the Subcommittee due to the fact that Commissioner
Leppik lives in the neighborhood in question.
1V. Review of Draft Letter from Chairman To City Council regarding Study of
Recreational Land Use:
Chairman Thompson reported that he did not draft a letter because the Open Space
and Recreation Commission and City Council both are already moving ahead in this
effort, as evidenced by the following two communications:
1 . A memorandum from the Open Space and Recreation Commission to the City Council ,
subject "Considering Changes in Use and Facilities in Existing Parks",
dated October 30, 1981 , which lists criteria for changing the uses in parks.
2. A memorandum from a City Council subcommittee consisting of Councilmembers
Johnson and Anderson, subject "Proposed Charge and Team Sports Facilities",
dated October 23, 1981 , proposing the following: An inventory of City owned
and other facilities in Golden Valley available for team sports , a program
inventory,, provision for future pianning, and definition of the City's ro)e and
responsibility in the future.
Commissioner Eastes suggested that the Planning Commission review progress in this
effort at the time the Commission begins the next Comprehensive Plan update and
if not satisfied send a memorandum to the Open Space and Recreation Commission
at that time to advise them of Planning Commission concerns .
Chairman Thompson concluded with the suggestion that the Planning Commission defer
the matter to see what action the City Council takes on the two eommunications
already directed to them on this subject. The Planning Commission concurred with
the suggestion that this agenda item be deferred.
The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
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David Thompson, Chair n