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133 <br />since taking over the Game Station he has gone out of his way to meet the con- <br />ditions of the conditional use permit; he has added extra lighting and hired a <br />security officer to be on duty. He advised the problem is not within his <br />business, but outside in the parking area and the loitering is caused by those <br />not associated with using the Game Station. He added that other businesses in <br />the Plaza: Jack in the Box, 7-Eleven, the Pizza Place, Kentucky Fried Chicken, <br />and the DoNut Shop also contribute to the problem. Mr. Evans stated he has <br />tried to work with the Police Department to find a solution to the problem. <br />Because of the loitering law there is little that can be done to arrest those <br />creating problems. He stated that signing the entrances to his location will <br />not solve the problem; every entrance to the Plaza would have to be posted and <br />that would take the cooperation of all the owners. <br /> <br /> Mr. Evans felt he is being unfairly singled out for a problem that he can <br />do nothing more about, and which he felt should be the responsibility of the <br />entire Plaza. He took exception to several statements in the Police Depart- <br />ment report; most loiterers are not his customers. He felt there has been a <br />lack of response by the Police Department; he realized the law and their <br />limitations but felt they have been uncooperative with his situation. He <br />stated he has done everything to comply with the conditions of the Conditional <br />Use Permit and is at a loss as to what to do now, without the cooperation of <br />the other nine owners in the Plaza. He added that he wants to get rid of the <br />problems more than anyone; he wants a family type business, and needs help to <br />stop the present situation. <br /> <br /> No one in the audience spoke regarding this matter. <br /> <br /> There being no further testimony, Mayor Mercer declared the public hearing <br />closed on this item. <br /> <br /> Councilmember Brandes stated he had asked to have this issue brought for- <br />ward because he feels strongly that the Conditional Use Permit should be re- <br />evaluated. He stated he personally knows that the Game Station contributes to <br />the problems in this area, but he did not know what percentage is directly <br />connected with them. If other businesses are able to come before Council then <br />those should be dealt with also. He felt the Game Station is not compatible <br />with other business in the shopping center. <br /> <br /> It was moved by Councilmember Brandes, and seconded by Councilmember But- <br />ler, to uphold the appeal of the City Council and deny the conditional use <br />permit of the Game Station to operate a game arcade located at 4301 Valley <br />Avenue. <br /> <br /> Council discussion ensued regarding compliance by other businesses and <br />owners to conditions of approval or changing the zoning for more control. <br />They felt other businesses are contributing to the problem. <br /> <br /> Police Chief Eastman stated his report is factual. He stated the situa- <br />tion is different now than it was a few years ago; it is a much bigger problem <br />now. He added he has exhausted every means to correct the situation. He sug- <br />gested meeting with all of the property owners and try to deal with the issue. <br />He stated it is local young people and adults who are causing the problem, and <br />he would like to focus on alternative activities. He requested that stringent <br />conditions be placed on the Conditional Use Permit if Council does approve the <br />permit for the Game Station. <br /> <br /> 11 - 5-19-87 <br /> <br /> <br />