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HomeMy WebLinkAbout03/13/1996URBAN AFFAH2S ADVISORY COMMITTEE MINUTES MARCH 13,1996 1. CALL TO ORDER The meeting of the Urban Affairs Committee was called to order by Chairman John W. McKay at 7:00 p.m. Members Present: Chairman John W. McKay, Members Robin Curran, Shirley Doering, Van Holston, Shelley J. Madore, Sharon R. Schwartz and Pamela Sohlberg. Staff Present: Annette Mazgarit and Kathy Bodmer 2. APPROVAL OF MARCH 13,1996 AGENDA. 3. ADULT USES REGULATION: INTRODUCTION TO LEGAL ISSUES AND REVIEW OF MINNESOTA ATTORNEY GENERAL'S REPORT Assistant City Attorney Annette Margarit reviewed the legal requirements regarding the regulation of adult uses. She stated that cities do not need to conduct their own studies to determine the secondary effects of adult uses. Instead, they can rely on studies done in other communities. Mazgazit reviewed the City's moratorium ordinance and stated that a new ordinance would need to be enacted by January 1997. The definitions of adult uses used in the moratorium ordinance were reviewed. Mazgazit then discussed portions of the Minnesota Attorney General's June 1989 study of sexually-oriented businesses which the committee had reviewed prior to the meeting. First, Mazgazit reviewed the section on obscenity and stated that obscenity is difficult to define. She further stated that the committee should not concern itself with obscenity because, as noted in the Attorney General's report, it is a problem which is criminally prosecuted. Instead, she suggested that the committee focus on adult uses which are not obscene and are therefore protected by the first amendment. Next, Mazgazit reviewed perkinent cases and studies that relate to the regulation of adult uses that are discussed in the Attorney General's report and Mazgarit's December 16, 1994 summary report provided to the City Council. Youne: The Supreme Court upheld City of Detroit's ordinance based on four findings: 1. There was a factual basis for the city's conclusions 2. The ordinance was directed at preventing "secondary effects" of adult uses and not at preventing free speech 3. The ordinance did not restrict access to free speech 4. The city must be allowed reasonable opportunity to experiment with solutions Margarit noted that in the YOUng case the Supreme Court upheld a distance requirement. • Minneapolis Ordinance: The Federal 8th Circuit Court in Alexander v. Minneapolis found the city ordinance to be too restrictive because it did not provide enough opportunities for adult uses. Instead, the ordinance effectively outlawed several adult establishments that already existed. • Renton: The Supreme Court upheld the city ordinance which made 5% of the city's land area available for adult uses and also had a spacing requirement of 1,000 feet. A city may adopt time, place and manner regulations of adult entertainment establishments as long as the regulations are content-neutral. • Minneapolis Study: Noted a higher rate of crime in azeas with adult uses. Did not address effect of concentration of adult uses. • St. Paul Study in the University and Dale area: a. High correlation between location of adult businesses and neighborhood deteriorafion b. Additional relative deterioration after an adult use located in an area c. Higher crime was found in areas where adult uses aze located d. Concluded adult uses must be separated as concentration of such uses was very detrimental to the surrounding azea. • Indianapolis study: Interviewed appraisers and found a negative impact on residential and commercial property values when an adult bookstore located one block away. Found that after 3 blocks or more, there was less of an impact on property values. • Phoenix Studv: Noted increased crime problems in azeas with adult uses. Both property crimes and sex crimes increased more than in areas without adult uses. • Detroit Studv: Found that dispersal of adult uses is better than concentrating them. • Los Angeles: Reported increased crime in areas that had adult uses. • Minnesota Attorney General also received testimony: Neighbors of Selby-Dale reported litter, hazassment, prostitution and other problems Police Chiefs of Rochester and Winona noted relafively little secondary impacts. 4. FUTURE MEETING DATE The next meeting will be held on April 10, 1996, at 7:00 p.m. in the Large Conference room in City Hall. 5. ADJOURNMENT The meeting of the Urban Affairs Committee adjourned at 8:40 p.m.