HomeMy WebLinkAbout05/08/1996URBAN AFFAIRS ADVISORY COMMITTEE MINUTES
MAY 8, 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, and
Sharon R. Schwartz.
Not Present: Van Holston, Shelley J. Madore and Pamela Sohlberg
Staff Present: Annette Margarit and Kathy Bodmer
2. APPROVAL OF APRII.10,1996 AGENDA.
3. ADULT USES ORDINANCE
a. Review and Discuss Revised Maps
Annette Margarit noted that the committee needs to be carefixl how it considers its available
land for adult uses. She stated that a judge may not agree that land in the Williams Brothers
tank farm area is actually available to a potential adult use. Kathy Bodmer presented the
first set of maps which showed the total acreage available if the buffer between sensitive
uses was. 500', 750' and. 1000'. She noted that when the Williams Brothers acreage is not
included, the total. acres available are 296 (33% of the commerciaUindustrial acreage) when
the buffer is 500'; 1.41.5 acres (17.4% of the commerciaVindustrial acreage) when. the buffer
is 750'; and 53 acres (6.5% of commerciaVindustrial acreage) when a 1000' buffer is used.
The committee next reviewed a second set of maps which indicated the number of sites that
would be potentially available considering both a buffer from sensitive uses and a separation
distance between adult uses. The maps displayed 1000' buffer with 1000' separation, 750'
buffer with 1000' separation, and 750' buffer with 750' separation. Bodmer noted 3 sites
(with 3 theoretical sites in the Williams Brothers tank farm) were available with the 1000'
buffer and 1000' spacing; 8 sites (with 2 theoretical sites) were available with the 750'
buffer and 1000' spacing; and 11 sites (with 3 theoretical sites) were available with the 750'
buffer and 750' spacing.
The group discussed the various distances and available sites. The group asked Annette
whether three sites would be okay. John McKay commented that the best approach is to
start off strict and loosen the restrictions later if necessary. John also commented that the
sites would be available for full-scale adult uses. The ordinance is expected to allow adult
uses as a secondary use as long as they involve sales or rental of material and comprise less
than 25% of the floor area. Sharon agreed that the most restrictive is the best approach and
that it's easier to loosen the restrictions later. Shirley agreed.
b. Distribution of Studies to Committee Members
Annette stated that one of the things that is being challenged in recent court cases is the
relationship between the study a city uses for its regulations of adult uses and the specific
adult use it is trying to regulate. She noted that in a recent Rochester, MN case, an adult
bookstore argued that the studies the city had used included both retail sales ofbooks and
on-site adult use activities. The bookstore stated that the studies did not accurately reflect
the secondary impacts of their use because they did not have on-site adult use activities. In
this. case, the U. S. 8th Circuit Court said that the city did not have to find a study for each
particular adult use it was trying to regulate.
Annette commented that if the ordinance is challenged, one. aspect of the challenge might
be the relationship between the study and the adult use regulation. She distributed a few of
the case studies to each committee member and asked them to carefully review them. She
stated that in the event the ordinance is challenged, it will be important for the committee to
note how the studies were used as a rational basis for developing the adult use regulations.
4. FUTURE MEETING DATE
The next meeting will be held on June 12, 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 8:50 p.m.