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HomeMy WebLinkAbout1982 01-28 PCM MZNUfiES OF''THE PROCEEDINGS OF THE PLANNING COMMISSION -OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 28, 1982 CITY HALL CALL TO. ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:35 p.m. ROLL ,CALL airman George Lucht, Commissioners Molly Malecki, Nancy Manson, -Mary Simmons, Lowell Ainas and Carl Sandstrom. Also present were Director of Planning and Inspections Ronald Warren and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - January 14, 1982 Motion by Commissioner Sandstrom seconded by Commissioner Manson to approve the minutes of the January 14, 1982 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki Manson, Simmons, Ainas and Sandstrom. Voting against: none. The motion passed. Commissioner Hager arrived at 7:36 p.m. NEIGHBORHOOD ADVISORY GROUP LIAISON ASSIGNMENTS FolloWi ng the` Chairman's explanation, Chairman Lucht explained that each Commissioner would be assigned to a neighborhood advisory group to serve as the Planning Commission's liaison. He asked who lived in each neighborhood. The Secretary answered that one Commissioner lives in each of the six neighborhoods in the City. Chairman Lucht made the following assignments : Northwest Lowell Ainas Northeast Nancy Manson Southwest Carl Sandstrom Southeast Mary Simmons West Central Molly Malecki Central Richard Hager The Secretary stated that the Planning Commission members should contact the people in their advisory groups to see if they are still interested in serving. He explained that the advisory groups review rezoning requests and noted that a rezoning application would be on the next Planning Commission meeting. He went on to explain that the Planning Commission member attends the advisory group meeting and offers input and information on whatever application is being considered. He commented that the procedure of the various advisory groups is different from one group to another ranging from fairly formal to very informal. Commissioner Simmons added that affected property owners attend the neighborhood group meetings to comment on rezoning proposals. The Secretary agreed and noted that other interested persons may attend such meetings as well. He stated that the meetings are public and open to all who wish to attend. He stated that the meetings are usually held in a public place such as a school within the neighborhood. 1-28-82 _1_ DISCUSSION ITEM Draft Ordinance regulating Amusement Centers and Devices The Secretary next introduced a draft ordinance regulating amusement centers and amusement devices. He stated that the staff was not expecting a formal action by the Commission on the draft ordinance at this evening's meeting, since more input was needed from the Chief of Police and City Manager's office. The Secretary also stated that he was not yet satisfied with the ordinance as written. He stated that it was his belief that the special use permit pro- cedure for regulating game operations was not adequate and that a licensing ordinance would be a more effective vehicle for controlling the use of games and the establishment of game rooms. He stated that one of the reasons for restricting game rooms is the problems that the City has experienced at the Humboldt Square Shopping Center, where at least two game operations in the past have .resulted in considerable police problems. The Secretary noted that the proposed ordinance would be included in Chapter 23 of the City Ordinances which deals with licensing. He briefly reviewed the first page of the draft ordinance, pointing out that the ordinance would license individual machines, game room operators, and firms or individuals which lease games. tp . .,�commerrial' establishments He then reviewed the definition for an amusement center which would consist of the operation of six or more mechanical amusement devices on premises that are wholly en- closed and do not abut any residential. district. He stated that he was not satisfied with this draft definition and that he and the Planning Assistant had considered the idea of allowing games in establishments which abut residential property, so- long as the games are clearly an accessory aspect of the operation and cannot be used independently of consuming of some other good or service. Commissioner Simmons pointed out that the language used in the definition for an amusement center would actually allow establish- ments with games to abut residential property. The Secretary acknowledged this and stated that he would recommend,striking out the portion of the definition relating to residential abuttment. Commissioner Hager stated that he had just come from' a Chuck E. Cheese restaurant in New Hope which has a large game room. He asked the Secretary .how such an establishment would be classified under the draft ordinance. The Secretary responded that the Chuck E. Cheese restaurant was essentially the same as the ShowBiz Pizza restaurant and would be considered an amusement center under the draft ordinance. He distinguished between a ShowBiz Pizza type establishment and the recently completed Pontillo's restaurant which has a small game zoom, clearly accessory to the primary open ation,. of serving food, Commissioner Simmons asked whether an amusement- center would be defined on the basis of the significance of the game use relative- to the total operation of a given establishment. The Secretary agreed with that general concept and stated that setting a limit on the number of games would partially guage that level of signifi canoe. He added, however, that even one or two games in certain locations could become a problem and he recommended that certain establishments be off limits to games in those locations abutting residential property. Commissioner Sandstrom asked whether the ordinance required a" certain. amount of space per game to account for waiting room and playing room, The Secretary answered that staff have considered limits on the number of games in a particular location, but have also looked at:.who the games will serve and whether those people are a separate clientele or whether they are customers of the establishment which provides some other good or service. There followed a discussion regarding floor space, number of games, and behavior of clientele in game room establishments . Commissioner Manson stated that she would prefer to rule out amusement devices in neighborhood convenience stores. The Secretary answered that the draft ordinance would do that through its restriction on resi- dential abuttment. He pointed out, however, that restaurants such .as the Chuckwagon, `Taco Towne and the Pizza Feat would not be allowed to have a single game if the abuttment restriction were applied to restaurants. " Commissioner Hager. suggested placing a limit on the effects of an amusement center, rather than restricting the location. He stated that some pieces of Federal Law are geared to an °effects test" . He suggested, for instance, that a certain number of police calls would result in revocation of an amusement center license. The Secretary answered that the "effects test" was basically used in the case of Snacks and Nick Nacks at the Humboldt Square Shopping Center. He stated that the use was allowed on the assumption that it was a legitimate business, but that numerous police calls showed the operation to be a nuisance. He explained the proprietor closed the operation before his special use permit was actually revoked. The Secretary suggested again that certain locations are simply not good for a game operation and that they should be excluded under the licensing and zoning provisions of the City Ordinance. Chairman Lucht pointed out that the Legion Club abuts residential property across a street and that it has games in the establishment. The Planning Assistant stated that the revised, language for a definition of an amusement center would allow a certain number of games in establishments where games would be used only by customers who are there primarily to consume something else, (such as food in a restaurant) . There followed a discussion of the K-Mart at 63rd and Brooklyn Boulevard as a. location for. mechanical amusement devices. Commis- sioner Malecki stated that the previous Shoppers City operation _ had a number of games in the establishment and that the games drew kids who caused problems for other customers. The Planning Assistant stated that the management of the existing K-Mart operation has asked whether they can install games in the new K-Mart store. He stated that the position of staff has been that even a single game within the K-Mart store would be considered an amusement center and, therefore, prohibited because of the store's abuttment with Rl property. There was a brief discussion of the Snacks and Nick Nacks operation and how it "'contributedto the rationale that game rooms should not be allowed adjacent to residential areas. The Planning Assistant pointed, out that the draft ordinance also addresses the question of controlling establishments that are permitted. He cited two instances where the ordinance would prohibit the operation of a game or an amusement center from being a public nuisance. 1-28-82, -3 The Secretary stated that the draft ordinance would restrict the location of amusement centers and games generally to-the' C2 zone., not abutting residential property. He stated that the ordinance makes the assumption that certain locations will result in problem. y Commissioner Sandstrom expressed the feeling that a-game room should be controlled if it is a problem. He stated that it seemed to him that the ordinance assumes places will be a problem if they have games. He `stated that he did not necessarily agree with"`these assumptions. Commissioner-Simmons stated that if an establishme caters to adults, games will not likely be a problem. However, i ! the games are used primarily by young kids, there probably will be problems. Commissioner Sandstrom stated that the need for standa' s of supervision because young kids will travel. the extra distance 'to a game room surrounded by commercial property, if necessary, and i the same behavior will go on there. There was a discussion regarding the restriction that games be allowed in places where customers are primarily consuming something besides the use of games. The Planning Assistant explained that it was not intended that an operation, such as` 7 Eleven be granted a license for one or two machines on the condition that the kids that use the machines must purchase something like a coke or a candy bar in the store. Rather, he said, it should be obvious,.that an . establishment like 7 Eleven should not be granted a license .for an amusement device at all because people could make use of the games without purchasing any other good or service, as is the case- in a restaurant. Commissioners Sandstrom and Hager both argued that if an:establish- ment is managed well, there seems to be no justification for re- stricting the location of electronic games. Chairman Lucht again related the experience of Snacks and Nick Nacks in Humboldt Square and pointed to the problems with that operation as an indication that certain locations are simply not proper for games. The Secre- tary added that the K-Mart on 63rd and Brooklyn Boulevard, if built today, could not have a gas station or an auto center under the City' s Zoning Ordinance requirements, whereas the K-Mart on John Martin Drive and Earle Brown Drive could have both. He stated that the Zoning Ordinance reflects the fact that certain uses, f including game rooms, simply should not he located next to resi- dential property. Commissioner Simmons threw out the idea of requiring that a certain percent of the revenue in a game room be from non-`game sources. She suggested that, if games are so lucrative, proprietors might put up, with too much anti-social behavior in order to keep bringing in money. Commissioner Lucht stated that such a test would rule out establishments like Piccadilly Circus, which are exclusively devoted to games. w Commissioner Malecki reminded the Commission of its function and stated that a purpose of the ordinance was to try to keep problems from happening. She stated that she felt that .electronic- gas are appropriate in places where people have to ait before they consume some other product or service. She stated that amusement centers should not abut residential property and that shex"did n6t want to see game's located in neighborhood convenience stdrea- She rejected the idea of simply trying to control kids behavior and recommended that the ordinance place restriction on where machines can be located. Chairman Lucht expressed his agreement with 1-28----82 -4- Commissioner Malecki. Commissioner Ainas suggested that perhaps a minimum distance should be required from a public school. The Secretary_ stated that Farrell's and Brookdale are fairly close to Northport Elementary School, although separated by a major road. Commissioner Simmons suggested that perhaps the ordinance should list specific uses where games would be prohibited and other. places where only a certain number of games can be allowed. Following further discussion of this idea, the Secretary suggested that the ordinance would, in effect, set up three categories: amusement centers, certain places where a few machines would be allowed, and-other -uses which would be excluded from having any machines, if not listed under the first two categories. Chairman Lucht stated that he considered the number of 15 machines as too high a limit before an establishment can be considered an amusement center. He suggested that the number be lowered to at least 10. The Commission briefly reviewed various aspects of the ordinance and suggested a few technical amendments. Commissioner Malecki asked if the term °public nuisance" should be defined as a certain number of police calls within a given period of time. The Secre- tary answered that Chapter 19 of the City Ordinances defines various types of nuisances. There was a brief discussion of the gambling provisions of the draft ordinance. Commissioner Hager asked re- garding fees. The Secretary stated that most license fees are listed in Section 23--010 of the City Ordinances. He stated that he did not know what the fee for an amusement device would be, that such a decision is ultimately up to the City Council. He suggested that the fees should cover the expense of processing the license and policing and controlling the use in question. The Secretary stated that the application for license would be made to the City Manager or his designated representative, rather than to the Chief of Police as contained in the. draft ordinance. He stated that this was a standard procedure in the Council/Manager form of government. Commissioner Ainas stated that the ordinance should prohibit kids under 16 years of age from attending game rooms during school hours. The Secretary answered that the ordi- nance would require operators to enforce the City's curfew ordinance which covers that concern. Mr. Bud Sorenson of the City's Park and Recreation Commission asked . the Commission some questions . He first asked what the Commission was trying to accomplish. The Chairman answered that the Commission wished to put the subject of games and game rooms under a license procedure which is more streamlined that the procedure for a zoning approval, which requires public hearings and a considerable amount of time. Mr. Sorenson asked what problems the Commission was trying to address. The Secretary answered that previous game rooms adjacent . to residential property have involved drugs, vandalism, fencing of stolen goods and annoyance to surrounding businesses and residences. Mr. Sorenson stated that there were already ordinances dealing with drugs, vandalism, eta. He asked why more ordinances were needed to deal with problems that are already dealt with by other ordinances. The Planning Assistant pointed out that the Planning Commission en- forces and rules on the Zoning Ordinance which deals with the loca- tion of various uses on land within the City. He stated that the concern of the Commission at this meeting had been to try to define 1-28-82 -5- amusement centers, which have created certain problems in the past at certain locations; and the Commssionaought to regulate the location of amusement centers to the benefit of the public as .part of their function in regulating land uses in general. The Secretary pointed to the example of saunas and massage parlors, which are permitted in the C2 Zoning District, but only if the establishment does not abut any residential property.. He stated that such uses` in other cities have ,a track record that associates them with prostitution and that, while not all massage parlors are centers for prostitution, they are regulated strictly because of the bad experience `°in other locations. He stated that this was an extreme example, but that it showed the general idea of restricting the location of certain uses. Mr. Sorenson stated that he felt the issue was an enforcement problem and pointed to the example of the parking problem at the `Twin Lake Beach. He stated that the City had preferred in that case not to try to enforce parking regulations, but rather to essentially elim- inate the possibility for problems by almost prohibiting parking at the beach altogether. He stated that he considered this a poor. approach. He also stated that in the case of games, the. problem is the congregation of young kids, but that the solution would cer- tainly not be to do away with kids. Commissioner Simmons stated that the problem was not so much that kids congregate, but the activity that they engage in when they are at amusement centers. She stated that experience had informed the Planning Commission that problems will result at amusement centers if they are located in certain areas. The Secretary took note of certain arguments that had been made on behalf of businessmen to make money. He stated that the ability to make a dollar is not the only criteria on which to regulate land uses. He stated that the City must con- sider what locations are acceptable for certain uses and which locations are unacceptable. He stated that he did not mean to knock convenience 'food stores per se, but pointed out that they are located in areas which can create problems for .a residential neighborhood, if they have games available. Chairman Lucht com- mented that it was fine for a businessman to make a dollar, but not if it costs the City $5.00 in the process. Mr. Sorenson challenged the Commission to establish what the City's cost would be. Following further brief discussion of the draft ordinance, the Secre- tary stated that he would gather additional input from staff members and bring back a revised draft at the next Planning Commission meeting. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9 :53 p.m. C airman 1'-28-82 -6-