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95-1060�� .?�OS�'�`�-�'�',G�„ q ��O,qs Council File # Ordinance # qs -10�.�0 Green Sheet # - ! 31 �.�12� ORDINANCE � CITY 0�8�pINT PAUL, MINNESOTA A5 AL��D S&PTffi�ID&R 20, 1995 Presented By Referred To An ardinance amending 5ection 60.2Q1 of the Saint Paul Legislafive Code definition of aduit bookstores, requiring the disconrinuance of nonconforming adult bookstores within three (3) yeazs of the effective date of this ordinance; and providing thatthe Planning Commission may grant reasonable extensions of the amortization period. Committee: Date THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 p. i �� 3 That the definition of an adult bookstore as contained in section 60.201 of the Saint Paul Legislative Code, is hereby amended as follows: Adult bookstore. . p�� e�re� a bui sale of ;�::;��.e�� building or �, rental or ina of ::�.�};, :\:�' 1.l1111LG1A \1�0.1.1.G1� L.J1liL41G0� O11UG0� 1GliV1U0� 0.U111V l.0.tJG� vic�eotape;F: e� motion picture film:F;�»z�:s:�?�3;:i:T�>;�i�sYS:.`:��;:;as;i�t;1��s ��s:rr� � ��c��d�.sz� if � �•='==`-=="----'- -- �::,F� _-- `-=== =� such items�are distinguished or characterized by emphasis on the depiction or description of " specified sexual activities " or " specified anatomical areas." � �n..�..,..-...r;-.� ,.#t� .. �ignificant portion of items shall mean more than fifteen 'C153 percent of usable floor area Gs�?�zi�;�'e Section 2 ��-s�� n2�3 �� . �� ; �� :��.a�� .��.� �� a��a�� : 3 4 5 6 �:��:��::�;� �� _ �� P 3 t��3 This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. �eiai ieue� �_: , .,�- Adopted by Council : Date �,.}, -�� `�� 5 - °T — Adoption Certi£ied by Council Secretary By: App3 By Requested by Department of: By: _ Form ApF _� C BY � �� Appro1rea Council By: _ by City � by Mayor for Submission to � TOTAL # OF SIGNATURE PAGES FOP �i5 - 10� GREEN SHEE N° 312 7 2 INITfAIJDATE INITIAVDATE DEPAflTMENT �IFECTOR � GiTY COUNGIL Cf7YATTORNEY OCISYCLEflK ' eUDGET OIRECTOR � FIN. & MGT 5 RVICES OIR. MAVOR (OR ASSISTAIVT) m (CLIP ALL IOCATIONS FOR SlGNATURE) Adopt "adult bookstore" zoning definition amendment. RECOMMENOATIONS: Approve (A) a Pqect (F) � PIANNiNG COMbII$$ION _ CIVIi SERVIGE � eie coeeeeiTr� STAFF _ _ DISTRICT COURT _ SUPPOpTS WHICN CdJNGIL O&IECTIVE9 PERSONAL SEi1YICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has ffiis personffirm ever worketl under a contract for this deDartment? YES NO 2. Ha5 this perso�rm ever been a ciry empfoyee? YES NO 3. Ooes this personRirm possess a skdl not normaliy possessed by any wrrent ciry empbyee4 YES NO Explatn aIt yes a�swers an aeparate sheet ana attaeh to green :haet PROBLEM, 1SSUE, OPPORTUNIN (Who. WhaS, When. Where, Why). Existing definition o£ adult bookstore does not clearly indicate to video and bookstore owners how much adult material for sale or ren�t��c�o��tutes a store as an adult bookstore. , JUL 17 1995 Video and bookstore owners and city enforcement officials do not know in advance how much adult material"constitutes an adult bookstore. None �� JUL 17 1995 C1�Y ��€��s�� IF NOT APPFWED: Enforcement officials will remain uncertain of what is and is not an adult bookstore, L AMOUNT OF TRANSACTION $ NG SOURCE IAL INFORMATION: (EXPWN) COSTlREVENUE BllDGETEO (CIRCLE ONE) YES NO ACTIVITY NUMBEH �s -��c� �I �� i a� � �' � N' N N L � � � � -� � 7 � C' '� � f� � O O � O' � , �', .> ' ol �I a� �� . F�' I w Q N � � � � a � N = � � � � M � a � � � � � � � � � � c� d' -,�, � Z� ta i C O � C•�7 ��F-10�� .� L � i�+ � � � � � � Z � � � � 0 M 0 W � Q� � � � � � 0 V � � � � � � � � � � � � L d � � C7 � z y � O � Q e-� � � � N � N .` � t0 � 7 � N � .y d O � N � � N � N N CQ .` w N � y = � � — C�II � L � � � O � � � O � � � CM » ? o� u � � 50 - � = 100- D � 150 - u z �. 200 - z � ? 250 - u ` 300 - 350 - 40Q - 450 - 500 - 550 - 600 - 680 - 700 - 750 - $00 - 850 - 900 - � � � l � � N O � � � N . C � � s (D � (�p O Q. � � � Q --r' N � O tD N � r+ � �. � O � � Q. Q, t'S' � O r*' O G2. � �. '-r Z'� O � (D `E � � Frequency � O O Covncil File # _IF �� 1c�Cd S Ordinance # Green Sheet # ORD{NANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date An ordinance amending Section 60.201 of the Saint Paul Legislative Code definition of aduit bookstores, requiring discontinuance of nonconfornung adult bookstores within (3) years of the effective date of this ordinance; and pra� that the Planning Commission may gcant reasonable e ter of the amortization period. THE COUNCIL OF THE CITY OF SAINT' PAUL DOES�AIN: Section 1 That the definition of an adult ookstore as contained in section 60.201 of the Saint Paul Le,'slative Code, is hereby amended as follows: , AduZt bookstore. p��.� �e� of a bui sale of �:;'��:�a�:��rit prinLea marLer, tape� e� motio c�€_ . r�e�s��l��d i sucn items are a on the depiction activiCies " or more than f �a�;e�;iii�:�:�i;;�s<°;>:a �+: building or or'the`barter, rental or items consistincr of .`(��: L „�.,....��, .,�....��, �,...,,......, ,.uu�„ �.. n icture film:,; .:�?:;;: fy'a sttb��a��}a� "a� nguished or characterized by an emphasis description of " specified sexual ecified anatomical areas." ignificant portion of items " shall mean 5) percent of usable floor area o�:<�z�� Section 2 Noncon�orming Adult Bookstores. Any adult bookstore use which is wful as of the date of the adoption of this ordinance but whic becomes an unlawful use under the terms of this ordinan shall be deemed a NON-CONFORMING USE and may not in any manner e enlarged, extended, altered or rebuilt except that such uses y be changed to a conforming use. Discontinue Nonconforming Uses. Adult bookstores that are deemed nonconforming uses pursuant to the terms of this ordinance will be permitted to continue for a period not to exceed three (3) years from September 20, 1995, unless sooner terminated� �r�`�� discantinued or changed to a conforming use. Reasonable Extension Mav Be Granted By Planning Commission. The owner of any property on which a nonconforming adult bookstore is located may apply to the Planning Commission for reasonable extension of the termination date. Any such application must be in writing and be received by the Commis ion no later than June 30, 1998. Failure to submit a timely extension application shall constitute a waiver of the ri t to request an extension. An extension may be granted upon t�he Commission's determination that the applicant has demons�trated that the amortization period is an unreasonable burde upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with e established termination date and also the time required for extension. In making its decision, the Commission may conside any factor relevant to the issue, including, but not limi ed to: a? The degree or magnitude of threa�o the public health, safety and general welfare posed y the secondary impacts of the operation. b) c) � e) Whether the applicant's p nonconforming use was ext expiration of the amortiz Whether the value of be period of the amortiza the property interes� amortization period. The ease by which conforming use. , The cost of re op ty interest in the n ished before the �iion period. free of competition for the period equaled the value of ining at the end of the property could �e converted to a ting the adult bookstore. f) Reasonable�ailability of alternative locations as designated y the Zoning Code as being practically and legally av ilable for adult uses. 1 2 3 4 5 6 Section 3 �� "�v�hJ This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. � Requested by Department of: � Adopted by Council Adoption Certif � Date by Council Secretary zapproved by p�[ayor_ Date Ey: Form approved by City Attorney Ey: Appro ed y May r for Submissiott to Counci By: Council File # Ordinance # _l•7 �{�i� � � Green Sheet # 3_�__� ORDINANCE / 3 � SAINT PAUL, MINNESOTA 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 Presented By Referred To Committeg° Date An ordinance amending Chapter 60 of the Saint Paul Legislative The Council of the City of Saint Paul does ordain: Section 1 That section 60.201 A of the Saint Paul Legislative Code be Sec. 60.201. A. pertaining to Zoning. hereby amended to read as follows: Adult bookstore A buildmg or patt �E�t of a b dmg used for the barter, rental or sale of a S�g�i�ic�t part��i� of rtems consisting of (I} �zistr�ttn�i , d��ic�s, ar.��ph�rn�li� �tlriG}� atE_d�gii�-f�r use 2tt ��inne�iic�:�#lt "�p�i1'�€�d`s�ual acf��tzes", �i _(�) printed matter, pictures, slides. records, audio tape, videotapa; s� motion picture film ��# I�ti ti� QY�er f��i"tis �� ieCCit�li�g if a-sti� • '' such items are distinguished r eharacterized by an emphasis on the depiction or description of "specified sexual activities" ar" ecified anatomical areas." "O�•'�� "�ignificant portion of items," ., . , shall mean more than fifteen (15) percent of usable floor area t�z::znqr€:: , #bz�e-bui�t�+� sqit� fe� c?f.�t�oa' �ze� tisect"ft��.:tTxe d"1��Ia� a�tt� ��r, r�nt�-.ts�: �t�� tff-�ix��x ii ' s. No obscene work sha11 be allowed. Section 2 This ordinance shall take effect and publication. ,,� Requested by Department of: Adopted by Adoption C� By: . ➢ate in force thirty days from and after its passage, approval and by Covncil Secretary Approved byfMayor: Date By: Planni & Economic Develo ment By: � Form Apprc�ved by City Attorney By: � Mayor ion to DEPARTMENY OF PLANNING & ECONOMIC DEVELOPMENT ADULT BOOKSTORE ZONING AMENDMENT C;TI'Y OF SAINT PAUL Norm Coleman, Mayor g 5 _ 1 OGQ Drvision of Planning 25 West Fourth 5beed Telephone. 6I Z-266-6565 Sainf Paul, MN 55102 Facsunile. 612128•3314 I �5- �� INTRODUCTION Following a series of public hearings and a study prepared by the Planning Division the Zoning Code was amended in 1988 for the purpose of addressing problems relating to "adult uses", including stores that sold or rented videos, books and similar materials. Adult uses were restricted in their locations to B-3, B-4, B-5, I-1 and I-2 zoning districts. The definition of an adult bookstore that was enacted was based on ordinances in other cities in which there were court decisions upholding the enforceability of those ordinances. An adult bookstore was defined as: Adult bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomicai areas." No obscene work shall be allowed. In 1992 the Ciry received complaints about the operation of two book and video stores wluch were believed to constitute adult bookstores as defined in the Zoning Code. Both stores were run by the same owner. One store was located in a zoning district in which such use was not permitted, and the second was located in the B-3 district but did not meet the special conditions applicable to an adult bookstore. The owner of these stores attempted to obtain an injunction to prohibit the City from enforcing the Zoning Code provisions, alleging that the ordinance was unconstitutional. Ais request for an injunction was denied by the Federal District Court. The City commenced a lawsuit in Ramsey Counry District Court for the purpose of preventing the continued operation of the adult bookstores in these locations. The bookstores' owner objeciion to the Ciry's ordinance was partially based on the following argumems: q5 - � a�o 1. The defurition was constitutiottally over-broad because an adult bookstore included auy place that restricted access to a@ults only, and 2. No operator of a bookstore could l�ow in advance fiow much aduit-type material for sale or rent would constitute "a substantiai or significant portion". The City CouncIl, at the recommendauon of the Ciry Attomey, requested that a study be conducted to determine in what manner the deFmition of an adult bookstore could be made more easily understood and avoid the type of objections the bookstore owner raised in the City's lawsuit. Pending the completion of the study the Council enacted a temporary ordinance defuvtion w}rich dropped the phrase on "excluding any minor by reason of age" and clarified what amount of adult-type materials wouId be considered "substantial or significant": "Substantial or significant portion of items," for putposes of tivs interim ordinance [C.F. No. 93-279J, shali mean more than fifteen (15) percent of usabie floor azea. No obscene work shall be allowed. The intericn ordinance has been extended to November 2, 1995. No further elctensions aze permitted by State legislation. The purpose of this report is to provide informauon to the Planning Commission and the City Council to assist them in determining a definition of "adult bookstore" that clearly indicates to video and bookstore owners and City administrators how much adult-type material for sale or rent constitutes "a substantial or significant portion", consequently subjecting the stores to regulation as adult bookstores. This report does not deal with the authority to regulate adult uses or the need to regulate adult uses because of the their deleterious effects on property values and crime. Studies giving the authoriry to regutate adult uses and ttie need to regulate them were completed by the City in 1987 and 1988. Other cities also have studied these issues. The studies are listed in Appendix A. �5-��0 ADULT VIDEO, BOOK, AND NOVELTY STORE SURVEY SURVEY In February 1995, staff of the o�ce of License, Inspections and Environmental Protection surveyed all video stores listed in the yellow pages of the telephone directory and book and novelty stores that were known to have adult material from previous surveys. The following tables are based on that survey. A tabulation of the survey data for each of the stores is shown in Append'uc B. Map 1 shows the location of the stores. Table 1 below shows that 24 (73 %) of the 33 video stores and all of the 8 book or novelry stores rented or sold adult material. Table 1 VIDEO, BOOK, AND NOVELTY STORES SURVEY February 1995 Type of Store Number Stores without Stores with of stores adult materiai adult material Number % Number % Video 33 9 27 24 73 Book or Novelty 8 0 0 8 100 Total 41 9 22 32 78 3 g5- �0�,0 VIDEO STORES WITH ADULT MATERIAL Table 2 shows that 4(17%) of the 24 video stores with adult material aze adult bookstores as defined by the elcisting interim definirion of adult bookstore. This definition employs percent of "useable floor area" as the basis for determining adult bookstore. Five (21 %) stores would be adult bookstores if the percent of "useable floor area" were changed to percent of "sales space". Table 2 VIDEO STORES W1TH ADULT MATERIAI. February 1995 Zoning Total Stores with Stores with Stores with Stores with District Number 15� or less over 15% 15°k or less over 15% sales usable floor usable floor sales space space area in area in adult area in adult area in adult adult material material material material Number % Number % Number % Number % B-2 12 10 83 2 13 10 83 2 17 B-3 11 9 82 2 18 8 73 3 27 I-1 1 1 1(70 0 0 1 100 0 0 All 24 20 83 4 17 19 79 5 21 Zones n � ��- �� BOOK AND NOVELTY STORES WITH ADULT MATERIAL Table 3 shows that 6(75 %) of the 8 book and noveity stores are adult hookstores as defined by the interim adult bookstore definition and that the same 6 stores wouid continue to be classified as adult bookstores if percent of "sales space" is used in the definition. Table 3 BOOK AND NOVELTY STORES WITH ADULT MATERIALS February 1995 Zoning Total Stores with 5tores with Stores with Stores with District Number 15% or less over 15% 15% or less over 15% sales usable floor usable floor sales saace suace area in area in adult area in adult area in adult adult material materiai material material Number % Number %a Number % Number % B-2 2 1 50 1 50 1 50 1 50 B-3 3 0 0 3 100 0 0 3 100 B-4 3 1 33 2 67 1 33 2 67 All 8 2 25 6 75 2 25 6 75 Zones AREA OF SPACE WITA ADULT MATERIAL Table 4 on the next page lists stores with adult material in order from least aznount of floor space used to display adult material to most amount of floor space used to display adult material. Stores with 0 floor space used for adult material are those where customers choose videos from a book and employees deliver the videos to the customer at the counter. Stores listed as having "ALL" the floor space used for adult use are those where adult material is displayed ihroughout the store. The median size of adult floor space is 168 square feet. 5 � 1 �i Table 4 AREA OF SPACE WITH ADULT MATERIAL VIDEO, BOOB, AND NOVELTY STORES February 1995 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16, 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Name Movie Shelf Oriental Video Video Vision Video Vision Video Center Royal Video Twin Cities Music & Video Movie Station Saint Paul Campus Grocery & Video World Video Video City East & West Video Phalen Video Home Video (Stillwater) Denmark Title Wave Adventures in Video Fast Forwazd Video Update (Payne) Home Video (SneIIing) Video Update (White Beaz) Shinders 99 Cent Movie Club PC Video I.ease Exstacy & More Music & More (West 7th Street) Video I,ease Video Lease II Music & More (Wabasha) Fantasy House R & R Books Senstiel Lingerie Area of Space witU Adult Material (square feet) 0 0 0 0 26 31 37 37 59 60 63 66 97 110 154 163 166 170 176 189 217 252 368 399 400 575 648 726 895 ALL ALL ALL �� 5- ��c� ZONING DEFINITIONS OF OTI�R 3URISDICTIONS In 7anuary 1995, the firm of Dahlgren, Shardlow, and Uban completed research for the City of zoning regulations of other jurisdictions that contain percentage standards for iheir definitions of adult uses. The reseazch is shown in Appendix C. For the jurisdictions surveyed, the median percent of floor area used to define adult uses is 10 %. The median percent of adult stock items displayed is 30%. And the median percent of gross receipts from sales of adult material is 20 percent. In February, 1995, the City of Rochester, Minnesota, amended their zoning code's defuution of adult bookstore so that "substanual and significant portion of such items" of adult materials are 25 % of the inventory, stock in trade, of publicly displayed merchandise or 25 % of the sales area. At the time of adoption of the amendment, the Ciry of Rochester was in much the same sltuation as Saint Paul: an enforcement action taken against an adult bookstore was in court and there was a need to clarify what amount of adult material constituted an adult bookstore. The Rochester amendment, the planning staff report, and city attomey's background report are shown in Appendix D. RECOIVIl��ENDATION BASE FOR DETERMINING "SIGNIFICANT PORTION" Here are the alternative bases that could be used to define adult bookstores. 1. Floar area used for adult use, such as a threshold percent of usable floor area, sales floor area, or gross floor area; or a thteshold amount of sales floor area. A percentage of floor area is appropriate to define an adult use because at some threshold proportion of adult use the store takes on the character of an adult store. Using floor area is easy to administer since measurement with a tape is relatively straight forward. A potential problem with percent of floor area is that an owner could claun that storage floor area or basement floor area is non-adult sales area. (Definitions of floor area usually have exceptions such as unused basements.) This would enlarge the store's total floor azea and reduce the percentage of adult use floor area so that the store would not qualify as an adult bookstore or enable the adult use floor area to be enlarged. 2. Percent of individual items displayed for sale. This also can be a reasonable measure of proportion. This could be difficult to administrate if there are many items that have to be counted. 3. Percent of gross sales. Accurate sales data distinguishing adult from non-adult items could be dif�cuit to obtain. � i �i Staff recommends that percent of useable floar area and amount of sales floor area be used to determine what bookstores aze adult bookstore. Proportion and amoeurt of floor azea are reasonable ways to indicate what is a"significant portion" of a business; they can also be easily and accurateIy measured. SIZE Staff recommends that the interim adult bookstore definition using more than 15% of useable floor area as the size where adult use begins be retained in the permanent definition. The City has gained experience during the last two years from using "more than 15% of useabie floor azea" to detemune adult bookstores. Using this percentage of floor area is also comparable to how other jurisdictions define adult uses. In other jurisdictions cited by the City's consultants, the median percent of floor azea used for adult material in their definidons is 10%. Since many of these jurisdictions use gzoss floor area, in contrast to the City's useable floor area, the proposed 15 % is closer to these jurisdiction's definitions chan it may appear. Using "more than 15% of useable floor azea" as a threshold where adult use begins, ten of the video, book, and novelty stores were adult bookstores. Four of the stores were videos stores and six were bookstores or novelty stores. The ten stores fbat were adu2t bookstores aze (the % is shown in parenthesis): Saint Paul Campus Grocery & Video (20%); Exstacy & More (20%); PC Video Lease (26%); Music & More on 7th Street (29%); Video L,ease(40%); Video Lease II(37%); Music & More on Wabasha (49%); Fantasy House (100%); R& R Books (100%); and Sensuel Lingerie {100%). Staff also recommends tttat stores with more than 300 squaze feet of floor area used for the display and rental or sales of adult material be added as another threshold in determining an adult bookstore. Within a large store, 14% of the useable floor area would be a big enough azea for a major adult bookstoxe, and it would not be subject to the zoning restrictions piaced on other adult bookstores. Therefore, the definitions sets an absoiute size tiueshold, as well as a percentage, with 30Q square feet as the absolute size tUreshold. The threshold of 30Q square feet of floor area will also deter store owners from claiming that storage or basement floor area is non-adult sales space, enabling them to have a large amount of floor azea for adult material. Using "more than 300 feet of floor area" as a threshold where adult use begins, one more video store in the survey (the 99 Cent Movie Club with 368 square feet of adutt sales area) would be included as an adult bookstore. Using these two thresholds, 34%, or 11, of the video, book, and novelty stores with adult materiai would be classified as adult bookstores. PROPOSED DEFINITION Staff believes that defining "significant portion of items" as more than 15 % of usable floor area or more than 300 square feet of floor area used for the dispiay and barter, rentai of sales of adult items witl make clear to store owners and Ciry administrators what amount of adult 0 � �- � �� material constitutes an adult bookstore and will simplify the process of enforcement. The proposed definition also adds the floor area used to sell adult instruments, devices, paraphernalia, or CD Roms or other forms of recording as part of the adult space of an adult bookstore. Here is the proposed defuution of adult bookstore: Adult bookstore. A building or p�r# �e�Eiea of a building used for the barter, rental or sale of � si�tt��`�t�#�.ti� items consisting of (��_i��tsx_:t�e��s, �'.:�ai�p��lt� u�ii�lz �� t#�stg�� ftxr �5e in ed�n�ti�� ustli::#��"ied �a�al :�txvr#tes'`; ar: (2) printed matter, pictures, slides, records, audio tape, videotape, eF motion picture films Crz G�3 �i�z� �r atfie� fnrm� t�� iectsrding if such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" a >. <<0..1...«..,,.:..� „_ n r or ` speci ie anatomica areas. —�� igni icant portion of items,' €e��eses �' `'�:° ;�'°-;--� ��a:�°^�° �� ' '`'� °' "", shall mean more than fifteen (15) percent of usable floor area p� t�� I�Si'�B �?#3�� .{3(1Qj: �(�32� �� p� �7V� :s4k� ��. �t�C t�l� tl��l��y �t�d barter, rettfal af sates r�f s�eh :i�ems. No obscene work shall be allowed. � �5- io�� ., .,► _ STUDIES OF ADULT USES STUDYIDATE 1. ADAMS COUNTY, CO. 2. AMARILLO, TX. 3. AUSTIN . TX. 4. INDIANAPOLIS, IN. 5. LOS ANGELES, CA. 6. NEW YORK, NY. 7. OKLAHOMA CITY, OK. 8. PHOENIX. AR. 9. ROCHESTER, MN. ADAMS COUNTY NUDE ENTERTAINMENT STUDY, 1987 A REPORT ON ZONING AND OTHER METHODS OF REGULATING ADULT ENTERTAINMENT IN AMARILLO, 1977 REPORT ON ADULT ORIENTED BUSINESSES IN AUSTIN, 1486 ADULT ENTERTAINMENT BUSINESSES IN INDIANAPOLIS, 1484 STUDY OF THE CONCENTRATION OF ADi3LT ENTERTAINMENT ESTABLISAMENTS IN THE CITY OF L05 ANGELES, 1977 REPORT ON TAE SECONDARY EFFECT5 OF THE CONCENTRATION OF ADULT USE ESTABLISHMENTS IN THE TIMES SQUARE AREA, 1994 ADULT ENTERTAINMENT BUSINESSE5 IN OKLAHOMA CITY A SURVEY OF REAL ESTATE APPRAISERS, 1986 RELATION OF CRIMINAL ACTIVITY AND ADULT BUSINESSES, 1979 ADULT ENTERTAINMENT 11 Q5- I�t�� 10. SAINT PAUL, MN. 11. SAINT PAUL, MN. 12, STATE OF MINNESOTA PERSPEC'TIVES, 1988 ADULT ENTERTAINMENT, 1987 ADULT ENTERTAINMENT, SUPPLEMENT, 1988 REPORT OF THE ATT'ORNEY GENERAL'S WORKING GROUP ON REGULATION OF SEXUALLY ORIENTATED BUSINESSES, 1989 12 � � a r z �� W � a ¢ ?" , a � � w � � h �" U F a+ a --� w o R zQ aw z Q � � F� � Q � �� -�� EI F � < ��`th a a° e� s � � t� e_ Q�{L 'n � W H C M R Vf Q ¢ � � ,� _ _ .. _ .. °W�� H � „ � � P y v. Q y z - r � N v �n o d h y ° o " v ,.°, v"i o [n [n � .-. 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RE: Snmmsry of Adu1t Use Ordinance �tssearch PAGES: 8 pages, inciuding cover '4'l'e have compteted the research you requested 2ast week ngarding aduit use regutations that contain a percentage standard in the ordinance language. This research is o�m++�A*+�� very simpty in Lhe table on the next pags and in more detail on the following pages with speafic lang�age cited itom the ordinances we surveyed. The reseazch was gleaned from vacious aourcas, includmg publications in our libruy,'ordinances on file in our h'brary, the Planners Advisory 5ervice ofAPA, and ca11s to various wmmuQifies around rheMetropolitan Area. tlll communities are in Mlnnesota uniess othcrwise indicased. 7 have slsn attxched a list ofthe stvdies related to aduh uses wlucfi we have collected. We have a copy of each of these studies in ous o&'ice. Let me Imow if we ean assist in any other way. 16 �v 1c.JU O�O1L JJ/ DOOA U�l• 1:�.. ti't/UL�UUJ I,arry Soderholm, SL PAUI PED I/20/95 AAULT IISE REGULATIOI3S/SELECTED ORDINANCES MIlV'Il►�IT7bi T�2ESHOLDS TO BE CdNSII?ERED AN ADULT USE Ordinance Standard Gross Loca7ion loor rea Siock Items ReceiDrs Benton County Blflamington De1an0 Duluth East Bethel Edina Fridley Jordan Lakevitle Mareatee County, FZ Monticello New Brighton New Hope pat�i BaSC11 COtlllty, k"�. �9I10, � Robbinsdale St. Louis Park Wayzata Wyoming, MN 15°l0 5% 10% 10% 10% '�10 10% *�*7% 10% 5% 35% 30% 24% 10% qpa�u 10 40% 20% 25% 20 24°:0 •��5% 20% 40°l0 40°/a 20% * Or lOQ sq, ft., whichever is sma(let ** Or at least $30,000 capital investmeat *** Or 200 sq. fr., wlrichever is smaller D�hlgren, Shardlow, and Uban, Inc., Iant�ary, 1994 2 G�- ��!� 17 Larcy Soderholm, 5t Paul PED 1I20/95 Z � ' oxnzrt�rcE x�s�cx ��T.•7�Y��ziiU�M utat �n De6nes an aduh book�tore as "a building or portion of a buiIding used for the bzrter, rental or SELC Of itCIDS G09513YIII,� Of �Illlly'CI 1I1SLlG7� pi�wrea, slides, record, audiotape, videosape, or motion picture fiIm if a substantial or significant portion of such items are distinguished or cl�aracterized by an emphasis on the depiction or descxipfion of "specified sexuai activities" or "specified anatomical ateas" oi tbe barter, rentat, or sale af in�tn:mentc, devic.es, or pawpherna2ia tkat are designed for use in connecfion with specified sexusl activi6es. "Substantial or sigaificam port3on" of items for purpose if ihis ordinaucq shalt mean wo! c 1}sau 15 perc:ent oi useabie flooz areA." This ordinance atso raentions a number of studies that were reviewed. CITY O�' BLUOMINGTOId, bIINNESUTA Defines aa Adult Bookstore as "an estabfishment that has 35 percent or greater of its stock-in- trade books, magazines, and other periodical which arz disting�iske3 or charxcterized by their emph25i5 on matte[s depicting, descn�bing or r�ating to Speci&ed Sexu31 AcYivities or Specified Anatomical Areas as defined." C'ITY OF DELANO, MIICNESOTA Defines that an Accessory Adult Use shalt comprise no mora than 5 percent of the flnor area nf the establishment in which it is tocated and comprisa no mare than lU percent of the gross reccipts of thc cMire business ogeration. Anythitig abavc thcx percentages shall be deemed a Principal Adu[t Use and be regiilated thusiy. � i t � !+! . � . Defines an Adult Bookstorc that "has �0 percem ox mort of its grosa salss in books, pamphlets, magazines or other pictorial or printed material wtrieh aze distinguished or characterized by a principai emphasis on rnidity, sado-masoctustic abuse, sexual conduct, or sexuat excitemem and/or has 30 percent or more of boaks pamphle¢s, magazines or other gictoria2 or grinted material displayed for sale an the premises distinguished or characttrized by a piinapal emphasis on nudity, sadamasochistic abusq seacual conduct, or scxual cazcitcmcut. (;LI:Y ON �:AST BETHEx., MINNESOTA Defines that an Accessory Adu}t Use shall comgrise no more than 10 percern of the floor area of the eatablishmem in which it ie located and comprisa no more than 20 percent ofthe gross receipts af the entire business opesation Anything above these percentages shait be deemed a Principat Aduh Use and be regulated thusly. m Larry Soderholm, St Paul PED iJ20/95 C1T'Y OF EDINA. MINNESOTA 4 15" I 1��,'J In regard to massage parlors: "The annual gross tevenue of the business £rom perfoinung u�assage services i51c5a tLan 25 percCnt of the total anmial �oss revenue of the business as shown by financial statemerrts as specified by tfie ordissance." crrv oF �xmr ,FY. MTNIN"F.CC_ITA Regarding saunas and massage �ai]ws. FatnUlishe� that no more than 20 pefcent ofthe establishment revenue is desived from R�assage or sauna and that sauna and massage facilities shall not occupy more than 10 percent of the establishmecrt. If sach percentages are exceeded, then the use is required to obtain a license, with further adult use restriction� ptaced upnn it CITY Or JflRDANI. MINNESOTA De�ines an Aduh Bo�k Media, or Merchan�ise Store as "an establishment hatiing at least 20 percent of its stock in trade or stock nn dic�lay includ'mg hirt. ncN limrte.ti to b4olcs, magazines, films videotape or other media or merchandise which are characterized by matter depicting, describing, or reiawig tu sptwiticxl �cxuul tutiviiies ur spec,�ified anatomical areas." �KFVII,LE, MINNESOTA Regarding Massage Parlors: Adult use ordinance does not apply to establishments that can demonstrate that no more than 2A pe�cnt of thc cstablishment revernic is derived froni massage. V�fANAT'EE COUNTY'. �'LORIDA I}efines an Aduh Use as 10 percent of the total gross floor azea of the business devoted to the sale or display of adult mattrials. CTi'Y OR MQNTICEI�.O. MINNESOTA Defines that an Acrxssory Aduh t35e shall cosnprise no more than 10 percent of the floor area of the establishmeat in which it is located and comprise � greatet than 100 square fcet of floor azea in which it is Iocated, whichever is smaller. Anything above these percentages shall be deemed a Principal Adult Use and be regiilate@ thusty. 19 Larry 5oderhoLm, St Paul PED rnQr�s �� C1TY OF NEW BRIGH�'pN. MINIVESO� Regardiz�g saunas aad massaga partors: Establishes that no more than 15 percenY of ihe esiablishment revenue is derived from massage cr sauna and that the primary use has a capital uivestment in fiuniture, fixtures and equipment of at teast 530,000. If such percentages are exceeded, then the use is requiced to obtain a license, with further adult use resuictians placed upon it. Ct'i'Y OF NEW HOPE. MINNESOTA DCfines that an Accessory Adult Use shall comprise no more than IO percent of the floor area of the estab&shment in which it is tocated and comgrise no mare than 20 percent of the gross receipts of t]ze entire businsss operatioa Anythiag above these peresntages shall be deemed a Principal Adult Use and be regulated thusly. � � � : s E �"i�:(i�;I\ Court shvck down its adult use ordinance which defined an Adult Bookstote as and "Establishment having a significant portion of its stock in trade books, films, magazines or other periodicals wIuch are distinguished or chazacterized by any emphasis in depicting or descnbing sexual conduct or specific anatomical areas" due to the fact that it did not define the term "signifiaant portion". The court did rule that the ardinauce was constitutiona2 on its face, and if the term "significant portion" had been de�ned by a percentage of gross sa�es or display space, the ordinance would Have been upheld. The court stated that, as applied, a proprietor has na idea how much stock he wauld be abie to retain without violating the ardinance. PALM BEACH CO'UNTY. FLORIDA Defines an adult bookstore as an establishmem ihat offers for sate or rents adult material for commercia( gain unieas... the gross income :ftom the sale or rental of adult material comprises fess than 40 percent af the gross income from the sale ar rentat ofgoods and seivices at the estsblishment, or the individual items of aduk msterial affered for sale ar reatal comprise less than 10 percent of the individual items, as stock itt trade, publicly displayed in the estalalislvne.nt and which is not accessible to minors at the establistmem. CTFX OF RENO NEVADA Defines an Advlt Use bookstare or video store as having on display more than '7 percent af the reta� floor space devoted to adult uses or if such displays exceed 260 square fcet. CTTY OF ROBBIN9DALE. MIl1rI4ESUTA Defines Adult Onty �ookstore as "having 40 percent of more of its doUar volume in trade, books, magazines and other periodicats wfiich are distinguished or chuacterized by their prinapai emphasis on matters depicdng, describing or relating to �tdity, sexuat conduct, sexual acciteare� or sadomasochistic abuse, as deftned, for sale ta gatrons therein- 2Q 7.arry Soderhotm, SL Paul P�A 1/20/95 S�' IAUIS YARK. MINNESUTA 6 ��' ��f�� Defines an Adult Book and Media Stose as: "an establishment having as a substantial portion of iu stock in uxcie or stcx:k on dispiay 40 percent boolcs, magazines, ffims, videotape or other media which aze characterized by their emphasis on matter depicting describing or relaring to specified sexual activities or specified anatomical areas." [Yr�rv OF wAYZATA. MIl'ZNESOTA Defines that an Accessory A�ult Use sl�all comprise no more than 14 percent of the floor area of the establishment in which it is located and comp�se no s.are tt�,an 20 percent of the gross rer.eiPt� nf the. entire. busieess operarion. .'�nything above these perceatages shall be deemed a Principal Aduh Use and be regulated thusiy. S:ITY OF WXOMII�tG MIl�th'E5QTA Define.¢ an Adult H�nkctnre ac "any e.stxhii,chmem which tievates more than S Fercent nf its gross floor atea to any one of a combination oFthe following: The sale of books, magazaz.innes, newspapers, film, slides, VII�C'l! �i1474'� itUlJ1V l'4jJCJ� 1CW1lI`3� �ltiltl7C� UI U�ICf IRtiICRHL`f WIllL}3 porirays sexual activities whfch are ero6c, or which are, by their nature, designed or intended to azouse erotic sensations, which sale is by vending machines or other means." 0:1J085L49Z�LSI.A�N Z1 q�J' ��k�(3 n,DU�,r vsE s�nm�s November 18,199d Z. Dtinnesipolis (MinnesoYa) City Plxnning Department Ttepart Zoning Code Tcxt Amcndmcnt Anstysis August 29, 1990 2. City of Fslcoa gei�hts (Minnesota) Report Related to Adult Uses February 28, 1994 3. New .tlanover County {North Carolina) Planning Department Regulation of Adutt Emertainment Establisbments in New Hanover County July, 19&9 4. �Viauate� Coantp, Florida Connty PLanaing and Dsvelopmeat Department Aduit Eatertainme.nt Business Study 7une. 2987 State of Minneaota Report cf the Atiorney GeneraF's Woddng Group on the Regulation of Sexualiy-Oriented Businesses 7uae 5, 1989 6. City of BrookIyn PArk (Minnaota) StaffRegorts/Study on Aduh Use Entertainment - rebivary Z4, 1992 7. Departmwt of Justice Canada Thc Impact of Pomography: A Decade of Literdturc i984 S. City of Lakeville (Minnesotz} Zoning Qrdinance Itevision Adult Uses - Part One 7uty 6, 1�73 9. City oiLakev�le (Minnesotf�) Zpmng Ordinance Revisioa Adu(t Uses - Part Two Jartuary 13, 1994 10. Rochester/Olmsted County (M'wnesota) Cansolidated Ptanning Department and Office of the Rothester City Attorney Adult �ntertainment Perspecctihves 1988 22 �i�- (C�(�� 11. Division of P)anniug� Department of Plannivg and Ecouuwic Devdupmrat� City vf S� Paul (Minnesota} Adult Entertainment - A 40-Aere Study 1987 12. DivisLe+n o£ Planniag, Degastmeut of Plaiwiug aud Ecuuumic Deveinpmsnt� City of St, �aai {1Kinaesota) Adutt Entertainment - 5upplement to the 1987 Zoning Study 13. City of Phoenu (Ar¢ona) Relation of Criminal Actevity and Adutt Busuiessea May, 1979 14. �fdianapolis (Tndiana) Adult Eatercainmen! Businesses in Indianapolis 1984 15, Adims Countp (Colorado) Adarns County Nude EnteRainment Study, prepared by the Shemfl g Department 1987 23 �5- i0(�0 ORDINANCE NO. AN ORDINANCE AMENDING AND REENACTING TFiE TERM "ADUI,T BOORSTORE" AS IT APPEARS IN SECTION 60.200 OF THE ROCHESTER CODE OF ORDINANCES, RELATI23G TO THE DEFINITION dF ADULT BOOKSTORE. THE COMMON COUNCIL OF THE CIfiY OF ROCHESTEI2 DO ORDAIN: r_�� .� � �� _��, Section 1. That portion of Section 60.200 of the Rochester Code of ordinances, relating to the term "Adult Bookstore", is hereby amended and reenacted to read as follows: ADULT BooKSTORE: A business engaging in the barter, renta2, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes or motion picture film, if such shop is not open to the public generally but only to one or more classes of the public, excluding any miaor by reason of age, or if a substantial or significant portion of such items are distinquished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". The phrase "substantial or significant portion of such items" as used in the definition of an adult bookstore means at least twenty- five percent of the inventory, stock and trade, or publicly displayed merchandise, or at least twen�y-five percent of the floor area of the business (not including storerooms, stock areas, bathrooms, basement or any portion of the business not open to the public). Section 2. This ordinance shall be effective,from and after its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERK APPROVED THIS DAY OF DAY OF , 1995. PRESIDENT OF SAID COMMON COUNCIL , 1995. MAYOR OF SATD CITY {SeaZ of the City oP Rochester, Minnesota) kmy�aa.��bo.zoo 24 To: Rochester Pianning and Zoning Commission From: Ron Livir.gsion, Planning Supervisor Re: Tezt Amendment 94-6 Date: January 6, 1995 A t�icant: Initiated by the Rochester City Council �p�NLSi O` Y O Y � � '.. '- ,- �: o�� a � �LT(D. �• ��' {�� ROCHESTER-OLMSTED PLANNING DEPARTMENT 2522 CAMPUS 6R SE ROCHESTEft MN 55904-4744 ADMWISTRATtON! 507/285-8232 pLPNNIYG HOUSING%HFA SO7lZHS-HZZa BUILOING CODE 5071285-8213 WELLSEP7IC 507/2$5-834J Purpose of Request: To amend the text of the Land Development Manuat to provide for a definition of the terms "substantial or significant" as these terms aze used in the definition of an adult bookstore. ' _�� :� On December 1, 1994, the Rochester City Council initiated this amendmeni to allow interested parties to better understand the Ordinance's requirements and to simplify the process of enforcement. The cuneni LDM definition is: ADULT BOOKSTORE: A business engaging in the barter, rental, or sale of rtems consisting offprinred marter, pictures, slides, recards, audiotapes, t�ideotapes or motion picture�lm, ifsuch shop is not open to the public ge:rerallv hut only to one or more classes ofthe public, ezcluding any mrnor hv reason of age, or iJa substantial or signifrcant portion of such item are distinguished or charncteri-ed by an emphasis on Ihe depiction or description of "specified sexual QCl7VIIIt'S OT �� specifred anatomieal areas". As pointed out in the Cit�� Attorney's memo, the difficulty with ihe above definition is trying to determine, apply, and enforce the terms "subsiantial" or significanP'. The Ordiz�ance does not provide specific guidance in determining how much of the inventory of a bookstore can be adult oriented materiai. The amendment proposed w•ould provide for a clearer definition of an adult bookstore by providing specific, measurab]e standards to use when applying the terms "substaniial" or "significani" to these stores. Al EJUAL O�°ORTUNI7Y / AFPiFMATIVE AGTION_EMPLOY'Ea 25 q � � �oc� The amendment proposed w�ould add to the definition portion of the LD:�1, a definition of the tenns "substanual" or "significant": ihe - ,: :.:_ .,:: _ . _., .... . __. ..—,.._ „_.._ . ., ogen ta fhe guT�tic� is devoted td ifems; iaeTChaudue�si� tst�er tuatgriat i _..:. disfinguishe� nr characterized b} e¢tphasis aa t�e de�iieiioa or @esi , _.-. ;,,:. "sgecited sexuat aetis�ies" nr "specxfed aaatiiinicaE areas">°::;:: ;_. �::;:: The amen�ment that is proposed 1�i11 provide for clarification by specifying how much inventory or floor area of a store can be adult type materials before a that store is considered to be an adult bookstore. Once a store crosses the one-third ihreshold it falls witfun the cate?ory of an adult bookstore and thus becomes subject to the regulations appiied to adult establishments. Aitached is a zeview of other ciry's ordinances that have been challen�ed, and the results of those challenges. PlanninQ Staff Recommendation• The Planning staff recommend apptoval of the arnendment as proposed. 26 ��- r�� OFFICE OF THE CITY ATTORNEY . MEMORANDUM DA�: To: FROM: SUB7ECT: December 22, 1994 Ron Livingston - Planning and Zoning � �. Terry L. Adkins - Rochester City Attorney 1 � Background Information on Downtown Book and Video Here is a summary of background information about the Downtown Book and video case which you night want to use in trie staff report: Several years ago, the Downtown Book and Video store sued the City of Rochester contending the City's adult entertainment zoning ordinance was unconstitutional. After numerous court hearings and legal briefs, the primary legal issue appears to be resolved. The Eighth Circuit Court of Appeals ruled that Rochester's zoning ordinance was constitutional and the U.S. Supreme Court let that ruling stand. The only remaining issue is how should the ordinance he enforced against Downtown Book and Video. Will the federal court in St. Paul issue an order requiring the bookstore to comply with the zoning ordinance or will the City initiate a new legal action in state court to gain compliance. The City asked the federal cour� to issue an order requiring the bookstore to comply with our ordinance. The City argued that it was efficient to have one court resolve all issues in this dispute rather than to send the City to state court in a separate legal action. But the federal court was reluctant to grant the order. According to the judge, he did not want to issue an arder prohibiting the Bookstore from maintaining its current percentages of adult material only to hava the Bookstore change its comgosition slightly and then find the parties back before the court in yet another lawsuit. Instead, the court wanted a final decision which would resolve this dispute once and for all. The problem is the way the adult entertainment ordinance reads. It does not define an "adult bookstore" with any specificity as to its composition of adult material in terms of floor space or sales volume. Instead, it defines an "adult bookstore" as a business containing an inventory a"substantial or significant portion" of which is "distinguished or characterized by an emphasis" on sexual material. Thus, there is no "magic line" separatinq bookstores from adult bookstores, and that is what is troubling the judge in considering the City's request for an injunction against the Bookstore. �.�'7 Q� -1060 The federal court took the City's motion for an injunction under advisement. We advised the court that the City is considering an amendment to the definition of an "adult bookstore" so as to simplify the enforcement process. If the City does amend the ordinance specifying a percentage of adult material which converts a bookstore into an adult bookstore, we wi2Z share the amendment with the court and renaw our request that the court order powntown Book and Video to comply with the ordinance as amended. If the court agrees to issue the order, this dispute should be concluded. LI118WKS[R�LSPDATE-LIV � �� - �� SUhAiARY OF ORDIPIANCES DEFINIPIG "ADULT BOOKSTORE" 1 he City of St. Paul's interim ordinance regulating adult bookstores uses the �r{rase "substantial or significant." The ordinance defines that term to mean yno� than fifteen (lb) percent of usable floor area. ° C�ment: This definiiion has not faced a constitutional chailenge. The phrase "usable floor area" is not defined in the ordinance. - iYta City of Bloomington defines an adult bookstore as "an establishment that as 40$ or greater of its current stock" in adult materiai. �'bmment: The consti?utionaLity of this d.efinition has not been litigated. 3. She City of Monticello's adult use ordinance at one time reauired licenses for businesses where the adults-only portion comprised less than 10$ of the total fioor spaca. Comment: In Wo1ff c. Citv of bionticeilo, 803 F.Supp. 1568 (D. Minn. 1992) , the court concluded that there was insufficient evidence to support a finding that all businesses dealing in sexually-explicit material, regardless of the degree to which they deal in such materials, create adverse secondary effects. The court therefore held *.hat the licensing ordinance was unconsitutional. Prince George`s County, Maryland - its ordinance defined an adult bookstore as "any commercial establishment that has twenty-fice percent (25$) or more of its stock" in adult materials. Comment: In 11126 Baitimore Boulevard �. Prince George's Countv, S86 F.2d 1415 (4th Cir. 1989), the court upheld the constrtutionality of the ordinance. There was, howecer, r.o chal'.enge ?o th= definition quoted above. City and County of Denver - their ordinance did not define the phrase "substantial or significant." Howev?r, the city applied it to ali businesses that dealt in adult materiai that exeeeded 10% of the gross floor area. Comment: In Pensack v. CitV and Countv of Denver, 63U F.Supp. 177 (U. Colo., 1986), the court held that the ordinance was unconstitutional. 6. Lewisville, Texas - its ordinance defined the phrase "substantial or significant" as "at least 20$ or mors" of stock and trade constituting of sexually-related material. Comment: In MalloV �• Citv of Lewisville, 84& S.W.2d 380 (Tex.App. 1993) , the court upheld the definition based on an equal protection ' challenge. (The plaintiff was contending that there were other businesses that met the ordinance definition but were not regulated by the city. } The issue af whether the definition violated the First Amendment was not raised by the piaintiffs. SJT81751 AC110-13 �� q 5 � �o�o Ann Arbor, Michigan - its ordinance defined an adult establishmeni as one having as a"principal activity" the sale of aduit material. "Principal activity" was defined as a use accounting for more than 20$ of the business' stock in trade, display space, floor space or movie disptay time per moaih. Comment: Ia Christv v. Citv of Ann Arbor, 824 F.2d 489 {6th Cir. 1987), the court concluded ihat the 20$ timitation severaly restricted the First Amendment rights of the businesses. The court did not, however, declare the ordinance unconstitutional, but instead sent it back to the 2ower court for further determinatioa. General commeat: Many ordinances continue to nse the phrase "substantial or significant" or "prunary" without further defining those terms. In most of the court decisions chaIlenging the constitutionality of adult use regulations, the definitions have gone unchallenged because the p2aintiffs ackaowledge that their business is regulated by the ordinance. arravsi RC110-23 K� �. s-�o�o city of saint pauf planning commissio�n resolution file number 95-56 �te July 14, 1995 ADULT BOOKSTORE ZONING AMENDMENT WHEREAS, on March 9, 1993, the City Council adopted a resolution initiating a 40-acre study of the zoning regulations concerning adult bookstores; and WISEREAS, the Planning Commission held a public hearing on the proposed adult bookstore zoning amendment at its June 9, 1995, meeting and discussed the amendment at its July 14th meeting; and WHEREAS, the Planning Commission has determined: 1. That the number of real estate descriptions affected by the amendments renders the obtaining of written consent impractical; 2. That a survey of an area in excess of 40 acres has been made; 3. That a determination has been made that the proposed amendments to the Zoning Code are related to the overall needs of the community, to existing land use, and to plans for future land use; and 4. That pursuant to State Statutes proper notice o£ the hearing was given in the Pioneer Press on May 18 and 25, and June 1, 1995. NOW, THEREFORE, BE IT AESOLVED, that the Planning Commission recommends approvzl o£ the zoning code amendments in the "Adult Bookstore Zoning Amendment" study pertaining to the definition o£ adult bookstore and directs the Planning Administrator to forward the study and this resolution to the Mayor and City Council for their review and action. moved by Morton secorx�ed by Kramer in favor 15 against 3 (Chavez, Faricy, Vaught) �5- «�� PLANNING COMMISSION OF SAINT PAUL City Ha11 Conference Center I5. West Kellogg Boulevard Saint Paul, Minnesota 5�102 A meetin� of the Planning Commission of the City of Saint Paul tivas hetd Friday, June 9, 1995, at $:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Bader, Faricy, Geisser, Lund-Sohnson, Maddox, Morton, Treichel Present: and �Vencl and Messrs. Chavez, Field Jr., Kramer, Lee, Mardeli, McDonetl, Schwichtenberg and Vaught. Commissioners Mmes. Carter and Messrs. *Gordon, *Gurney, Mahoney and Riehle Absent: *Escused Also Present: 3erry Sega1, Assistant City Attorney; Ken Ford, Planning Administrator, Jean Birkholz, Kady Dadlez, Donna Drummond, Nancy Frick, Roger Ryan, Larry Soderholm and Lucy Thompson of the Planning Staff. I. Approval of Minutes of May 26, 1995 MOTION: Commissioner Geisser moved approva] of the minutes of May 26; the motion was seconded by Commissioner Treichel and carried unanimously on a voice vote. II. Chair's Annauncements Chair McDonell announced that the Metropolitan Council now is responsible for the transit system, and has held a series of pu6lic hearings on the fact that funding for transit operations ovex the next biennium has been cut $IOM by the state legislature; they aze also expecting a substantial cut in fimding from the federal govemment. Mr. McDonell represented the Planning Commission at the public hearing, and testified on its behalf. Comments will be made in a Ietter from the Mayor. Testimony at the public hearing reflected the issue of impact of route and scheduling changes on people who are transit dependent within the core area. Mr. McDonell noted that transit is an important element that makes this City work; it is part of the economic development framework of the City, and �ve need to be sure that it isn't torn apart by solutions to solve the money shortage. He said that he was distressed because there were only three of seventeen commissioners present to hear fifty people voice their concems. He pointed out to the Commission the importance of bein� in attendance to hear alI public testimony. III. Planning Administrator's Announcements Mr. Ford announced the fol(owing: Significant accomplishments at the state legislature this year include the Mefropolitan Liveable Communities Act which provides three funding sources: I) the TaY Base Revitalization Account which will provide a significant amount of fu�ding for clean- up of polluted lands; 2) the Liveable Communities Demonstration Account which is a �5- ��c�0 grant program that iviil fund projects that are intended to encoura�e more compact development, especially in integration of job opportunities and housing opportunities that are linked; and 3) the Local Housing Incentives Account in tivhich the Metropolitan Councif will be establishing affordable and life-cycle housin� goa]s for all communities ne�otiated with the communities, and are to be adopted by January of next year. The Amendments to the Metropolitan Land Planning Act ori�inaliy adopted in the late 1970s are aiso si�niFicac�t. A neGV amendment wilt no�v require cities to have their comprehensive plan reviewed and completely updated including all the related implementin� ordinances, such as the zoning ordinance. These must be made consistent wiSh the compcehensive plan by December 1995. In the future, comprehensive plans �vill be required to be updated every ten years. An appeal has been fsled on the Planning Commission's decision conceming the site plan for the Bueiah Lane Parking Lot in Como Park, and the public hearing is scheduled for June 28 before the City Council. A green copy of a meetin� announcement on the Community Development A�enda Proposai is before each commissionec The public meeting will take place Monday evening, June 26, at 7:00, at thz North End Community Center. Chair McDonel( announced that tl�e Work Pro�ram Planning Group will meet again Wednesday, June 14, at 4:00 p.m. IV. PUBLIC HEARL�iG: Adult Bookstore Zoning Amendment, amending the existing definition - (Roger Ryan} Mr. Ryan provided background for the public hearing: In 1988 the Zoning Code was amended to define adutt bookstores as those which sold or rented books, pictures or video tapes, if a substantial or significant portion of siich material is distinguished by an emphasis on specified seYUal activities or anatomical azeas. In 1993 the City Council adopted a temporary ordinance defming an adult bookstore which clarified that "su6stantial or si�nificant portion" of adult material tivould be over 15 percent of usable floor area of the store. This clarification tivas adopted because in a lawsuit the City had begun against a book and video store owner, the o�vner had raised an objection that no store owner could know in advance hotiv much adult material would constitute a substantial or significant portion. He continued by saying that the purpose of today's amendment is to define "aduit bookstore" so as to clearly indicate to store owners and City enforcement officials how much adult material constitutes a"substantial or significant" portion, thus subjecting these store; to regulation as an adult bookstore. He explained tl�at the amendment does not deal with the authority or the need to regu(ate adult uses because of their affects on property values or crime. Such studies were done by the City in 1987 and 1988. Other cities have also studies these issues. The temporary ordinance has been extended rivice, and will run out in November 1995. In February of 1995 the staff of License, Inspection, and Environmental Protection surveyed all the video stores listed in the yellow pages of the telephone baok, and all the book and novelty stores that were known to have adult material from previous surveys. In their repoct, it sho�ved that 24 of the 33 video stores and a11 of the eight book or novelty �5- ��t�o stores, rented oc so(d adufi material. Of the video stores that had adult material, four of the 24 would be considered adutt bookstores as defined by the interim ordinance, and six of the eight book or novelty stores would be considered adult bookstores by the interim ordinance. He said the zonin� smdy Vooked at zoning regulations of other cities which used a percentage standard for defi�ing adult bookstores and gave median percentages for floor area, material displayed, and sales. He said this amendment recommends the definition use over 15 peroent of usable floor area and over 300 square footage of floor area used for the display and barter, rental of sa{es of such items. He said that over 15 percent of usa6le floor area is recommended because the City has gained experience usin� this over the tast hvo years and this is comparable to the percentage other jurisdictions use. Three hundred square feet of floor area is recommended because within a large store ]4% of usable floor area would be a major store and these stores woLild not be sub}ect to the restrictions as the average size store. This will also help deter store owners from clalming basement space as non-adult space, thus evading the ordinance or allo�ving much more adult material space. Chair McDonell read the rule and procedures for public hearings. I. MaYiin O. Weddington, 714 West Central Avenue, chair for Aurora-St. Anthony Block Club, addressed the Commission. He began by stating his opposition to adult bookstores. He yielded some of his time to others who had signed up. 2. Rose Campian, 997 Palace Avenue, spoke of he� opposition to an adult bookstore in her neiglxborhood. Commissioner Geisser asked her the name of the bookstore. She replied t#taf the name is Music and More. 3. Rose McCormick, 1820 Ivan �Vay, a student, spoke of the inappropriate posters hanging in the windows of blusic and More that all chiidren could view on their way to school; their school is right across the street from this store. 4. Melissa Schwartz, 430 Arbor Street, a student, reiterated Rose McCormick's concems. 5. Tearsa McCormick, 1820 Ivan Way, Rose McCormick's mother, said in 1992 she I�eiped organize seven neighborhood chuxches to challenge the City to enforce zoning la�vs. She then asked the girls to leave the room and then used the TV monitor to show video jackets with graphic pornographic photos that �vere seen through the window of the Music and More store on West 7th Street. She said tl�e adult use laws shotild protect those who do not want to be near adult materials. Adult material should be kept at arms length and available to those who have thought it out, but not forced upon people. Zoning altows freedom of speech to co-exist along side the fabric of families. Loopholes in zoning laws need to be tightened up so that adult bookstores cannot slip in. Chair McDonelt ctarified that the Planning Commission is not holding a public hearing on Music and More, but on redefining the adult bookstore code. Regina Nischal, 426 South Osceola Avenue, principal at St Francis/St. 3ames United School, addressed the Commission. She stated that a11 would agree that children and adult bookstores are not a good mix, yet this store is allowed to co-esist across the street from a neighborhood school for children. She noted the double messages G�-i��0 children receive: the adult bookstore promotes messa�es of promiscuity, violence, and lack oP respect (particularly lack of respect for women); the programs at the school deal with tryin� to prevent promiscuity, violence, and lack of respect (particularly lack of respect for women). She asks, "�Vhich me,sa�e will get thtough to the child; our preaching, or what they see?" She anticipates z day ��hen the people who make the la�vs �vi(1 have the courage and the inteeriry to no longer toluate an adult bookstore across the street from each othec. Shz said one chi(d went into the store rivice. 7. Patrice Feterl, 2620 North Avenue, South Minneapolis, te;tifizd in place of Randall Ti�ue, attorney for Michael Stoderl, the o�vner of two adult video stores in Saint Paul: 1) Music and More, 961 West 7th Street; and 2) Ecstac} Video, 918 University Avenue. She addressed three topics as they relate to the proposed adult bookstore zoning amendment: I) the First Amendment to the Constitution, 2) the study conducted by the City of Saint Paul, and 3) other st«dies pe�formed on the correlation beriveen the percenta�e of aduVt materia] and adverse secondary affects. She said the first amendment provides that govemment may not regulate content- based speech. And regulations to curb adverse secondary af£ects must have two corollary requirements: 1) tlie enacting city must have before it some type of empirica! 6asis for believing that the use that it reeulates causes these adverse secondary affects, such as property values and crime, and 2) the regutation must be nanowly tailored only to those uses tl�at yrou reasonably believe cause adverse secondary affects. She continued that al( the shidies done on adverse secondary affects of adult bookstores, particularly those relied upon by the City of Saint Paul have two characteristics: 1) 100 percent adult entertainment, and 2) on premises consumption of materiaL No studies done any where show that a ge�eral video store tivith an °adult only" section, or where consumption of sexually explicit material takes place off the premises, cause any adverse secondary affects whatsoever. She stated that on the basis of the study done by the City of Saint Paul there is no conelation beriveen the percentage of adult material that the store features or the numher of square feet aliotted to the sate of adult materiai and adverse secondary affects, thus there is no adverse secondary affects. She thinks that basin� re,ulations upon gross receipts would make it easier to regulate and more difficult to manipulate. She handed out studies of adult uses. 8. Julene Maruska, 9t7 7uno Avenue, mana�er of the St. Vincent Hatl Thrift Store, located next to Denmark Books, a� adult bookstore. She contended that neighborhoods should have some say as to what is and �vhat is not an appropriate business for their neighborhood. She added that the West 7th neighborhood has three adult bookstores �vithin a mile, and t17e adult material is not appropriate in a neighborhood �vith children. She supports the amendment even though she knows it is not stron� enough. �Valter Wietzke, 430 Randotph, addressed the Commission. He believes that Music and More is violatin� not only a neighborhood trust, but also a City trust by displaying explicit sexual posters within the visual range of Yhe public. He also said that in speaking with Mr. Eugene Gladawitch, principal at Monroe Community School (K-Grade 8), a few blocks away, he discovered that confiscated material �vithin the school has been sexual playing cards, marital aids, marshal arts weapons, q�- �� dn�g paraphernalia and aiso stink bombs that ultimately closed ihe school down and sesit children to the hospital. He thinks tl�e re�ulation should be based upon gross receipts. He advocates amendin� the amendment. 10. Richard Neumeister, 345 �Vabasha Street, lobbyist, urged the Commission to reco�nize and trse their roie in leadership. He recommended that tlzis issue be referred to the Zoning Committee. Mr. Neumeister voiced a concem about the City Counci( accepting the recommendation of the Plannina Commission. He said that action should be taken a�ainst those who vio(ated the I�% restrictien of the interim ordinance. Those �vho �vere over I�% before April 1993 �vhen the interim ordinance took effect shouid be grandpersoned-in. Mr. Neumeister mentioned that is important to discuss how these ordinances that will eventually become law are implemented, and ho�v they are en£orced because no one �vants to pay the high cost of lega( fees. 1 I. Tonq Reklis, I175 �Vest 7th Street, co-owner of Video Lease II, addressed the Commission. He asked how 15% was arrived at. 15% is not synonymous with substantial. He stated that in the thiReen years they have owned and operated their store', there has been not one complaint. He does not think that change is needed in this area, but that some regulations are in order such as how material is displayed, ]iavin� a separate area with doors, etc. He aiso feels it is important to grandfather in businesses so that other businesses know where they stand in Saint Paul. He pointed out that video stores are different from bookstores. He said that adult videos should ❑ot affect where they're sold; it's where tliey're used. 72. Chuck Repke, 16> McBoal, legislative aid to City Council president Dave Thune, addressed the Commission. He remi�ded members that today they are not defining �vhat is an adult use, but they are defining what isn't an adult use. He commented on the testimony of attomey Patrice Feterl, who was representin� a client of an adult use video store. Mr. Repke poinYed out that an adult use video store should not be located in that B-2 zo��in� district in the City of Saint Pau1. The City has already regu(ated where they are supposed to be. The focus today needs to be on tvhat is not an aduh use video store; what is not significant and substantial; something that is small enough to allow in the communiry. Nine years a�o �vhen the ordinance was written, we basically relied on state la�v, and we retied on the video store operators tc protect their own interests from prosecution from the state, to restrict those areas. Once that was done, it was considered an adult use. Now, we are faced with quesTions regarding "substantial and significant" issues; we now realize that we cannot discern a business as being an adult use simply because it has some disp]ayed sexually exp]icit videos. Now we also have questions about "on-site consumption." He stated that City Council president Thune's concern is that during this reviewal }�ou consfder that vie�vin� the posters and video covers, of wandering through the isles and looking at these, is the action of consumin� adult material on the premises. This is the community's concern: viewing graphic visual display of sexually explicit inaterial is consumin� adult material on the premises. 13. Carol Sturgulusti, 7759 South Lesington, said, "Garbage in, garbage out." Our first pub]ic speaker, Martin O. Weddina on, returned to the podium to finish his testimony. Referring to the First Amendment, he does not believe that the founding fathers had any idea of what we are saying is OK to do today; they did not write the Q5- ir�4 amendments to protect tivhat we are seeing and hearing today. He does not think that any store should be located on a stree[ tivhere across the altey from the establishment are residents. The residents �vere there long before the establishment; came. MOTION Commissioner Iviorton moved that this issue be referred back to the Zoning Committee; it tivas seconded by Commissioner Cfiavez and carried unanimously on a voice vote. IV. Zoning �95-034 Kowalski's Grand MarkedMount Zion Temple - Special Conditio� Use Permit to aI(o�v a shared parking aareement permittin� Kotivalski's Grand Market to use the parking lot of Mount Zion Temple as an overflow parkin� lot. MOTION: Commissioner 1Yiorton moved approval of the requested special condition use permit, omitting the conditions suggested by staff. Commissioner Faricy stated she feels that the use of the Temple lot has changed since this deal has 6een formatized. She feets that the staff recommendations are those the Commission shoutd follo�v. AMENDED MOTIOY: Commissioner Faricy moved to amend the motion by re- amending the conditions recommended by staff: 1. A hedge shall be planted a]ong the northem edge of the parking lot to create a visual screen and shade trees shall be planted along Summit Avenue every 30 feet on center. This shali be completed by Au�ust I5, 1995. 2. The middte driveway on Syndicate Street shall be removed and replaced with curb, bouievard, and sidewalk accordina to Public Works standards and under a permit issued by the Department of Public Works. c��°�nm�r �sm� ��1 tt�i� ��m ct� �u�1e Commissioner Vaught spoke against the amended motion. He cautioned the Commission to note that in no tivay has the parking lot been expanded, so there is no reason to attach the other requirements. The cost factor here is $5,000 for these extras; and they have already spent $35,000 to resurface their parking lot and spent a great deal remodeling their store. He thinks it is too much for the City to impose these additional requirements on Kowalski's, who has been a good neighbor a(1 these years. Commissioner Field stated that he agrees with Commissioner Vaught. Commissioner Schwichtenberg spoke in favor of the amendment. He said that this is an opportunity the City has to get landscaping on this property. He said the Planning Commission could consider the possibility of extending the completion date until 1996. Commissioner Geisser spoke against the amendment. She noted that the ownership of the lot is Mount Zion Temple, and asking Kowalski's to make additionai improvements and �I� -1�� pay for them is unfair. Commissioner Faricy added that the applicants are both Ko�valski's and blounc Zion. She said her point in making the amendment is that now ihis is a different use of the lot, and as a result this is the last chance for anythin� to be done on this. She concludes that the added requirements wiil be beneficial for both Ko�valski's and Mount Zion. She also noted that this lot is located in an historic district and so it is even more impoRant to follo�v throu�h �vith the amendment. �,1r. Ford comme�ted on behalf of the original staff recomme�dation and thz matter of �vhen standards may be appropriately applied. A change in use of a lot, especially a su6stantia( change as this, also requires stricter standards. Commissioner Kramer added that a letter from Aaron Rubenstein was introduced at the Zonin� Committee meeting in which Mr. Rubenstein referred to the �Vest Summit Avenue Review Guidelines that su�gest planting should be done there, so he intends to support the amendment. He said that he is also concerned about the added cost so he agreed with Commissioner Schwichtenberg's idea of adding an additional year to complete the planting/ask the City to accelerate their boulevard tree planting program and thus creating the desired result without also creating a hardsh'sp for the app(icants. Commissioner Lee said he is concemed about pu6tic safety in planting a hedge between the trvo lots; mainly pedestrian traffic and bicycles. He asked if the hedge wouid obstruct the view of on-coming traffia Commissioner Faricy answered that it would not; the hedge would go along Summit avenue; it would not go between the two lots. Commissioner Vaught stated that he disagrees with requiring the removal of the driveway; it is unnessary. Commissioner Geisser added Yhat she thinks Mount Zion and Kowalski's are terri6ly sorry that they have formalized their agreement publicly; they have done it privately many, many years and it has been fine. She said that it sounds as if the City is penalizing these partners for creating a shared parking agreement which the City and the Planning Commission have been advocating for years. She also noted that the rivo other examples of shared parking and improvement of lots on Grand Avenue have received City money (Places to Park) to do it. Now the City is asking these partners, because they have decided to legitimize their agreement, to pay for additiona( requirements. This is not fair; the City has changed the rules, and these people were not informed. Commissioner Field reiterated tl�at there is no real chanae in ttse to justify adding additional requirements. Commissioner Faricy stated that she had not kno�vn that the CiTy had funded improvements for the other shared parking ]ots on Grand Avenue. Commissioner Marde]( observed that altl�ough it is not a change in use, it is a more efficient use of the property. He added that it is not an unusual arrangement; he cited the Lake Calhoun Bxecutive Office Suilding sharing a parkin� lot �vith the City of Minneapolis Parks Department, and the MTS Corporation sharing a parking ]ot with a church. J / ��- ��0 Commissioner Schwichtenberg proposed a friendly amendment striking item #2 and by chan�in� #1 to read: "A hedge shall be p]anted a1on� the northem edoe of the parking lot to create a visual screen completed by August I5, 1996." '� an� �m �..'� �,��3 �'�t1 � � �."�o�,✓ �o�i ��, �v ��s��n fi9 �r9a� �:y �;��.� �rs15� � �p �,�,71 �s ��y�'J �r�,�r+�s1 �sd mr� W �9zw d.��, V. Comprehensive Planning and Economic Development Parks and Recreation Plan - Review of draft and comments to Parks and Recreation Commission - (Donna Drummond) MOTION: Commissioner Maddos moved approval of the resotution and memo to forward the Planning Commission's comments to the Parks and Recreation Commission for its consideration. , Commissioner Maddox invited Ms. Drummond to sum up the Plan. Ms. Drummond listed and commented on tlie following five issues: 1) Maps: both total number, and coordination of the trail map with the Transportation Plan bike route map. 2) 1995-1996 Action Plan: Iack of specificity for some action steps. 3) Policy on periodic updatin� of the plan. 4) Integration of parks piannin� with other city development initiatives. 5) Mississippi River: enhanced recognition of the importance of the river and the opportunities it represents. Commissioner Kramer recommended that the Hazel Park Recreation Center be mentioned specifically under #12 in Design Development on page 24 of the Plan. "�1� ffi�6mm� mmn � �]sz�r �ru �1 �.�� d�� ds�o Neiohborhood Sales Tax Revitalization (STARI Proaram - Comment on large ]oan and grant applications - (Donna Drummond) Ms. Dnimmond gave a brief overview of the comments that have been prepared by the Comprehensive PlanningjEconomic Development Committee. She said the STAR Program is basically funded with 1/2 of the half percent sales tax the city's been collecting since mid-1993. A board, appointed by the Mayor and City Council makes recommendations to the Mayor and City Counci] on tivhat should be funded. The program is set up on an annual cycle. The money can be spent only on physical improvement in the City. Eli�ible applicants are any public, private, or non-profit organizations that are located and doing business in Saint Paul. Funding request for the 1995 cycle total $10.7 million, and �� - «i�� . VII. VIII. IX. X. available funds equal $3.5 million. The comments to be sent to the STAR Soard identify and define the key documents the City is working �vith now that should be considered in making resource allocation funding decisions, such as the Comprehensive Plan and Capital Allocation Policy; Key Strategies from the Citywide Economic Agenda; Key Concepts from the Community Development Agenda; some of the cunent high priorities of the City: 1) the Phalen Corridor Initiative, and 2) DoGVntown Riverfront Development; PED's Curcent Strategies for Housing and Business Development; some additional information on City�vide programs; and concluding with a plea to the STAR Board to balance community development and economic development priorities. l�IOTION: Commissioner Maddox moved approval of the resolution and memo including Planning Commission comments to be fonvarded to the STAR Board for its consideration. Tl�e motion carried unanimously on a voice vote. Neighborhood Planning and Land Use I3o report. Tasl: Force Reports µ None. Old Business None. New Business None. Adjournment MOTION: Commissioner Geisser moved to adyourn, seconded by commissioner Wenc1, and carried unanimously on a voice vote. 'I'he meeting was ad,}ourned at 1Q:42 a.m. Respectfully submitt d, Kenneth Ford Planning Administrator Approved 9� (date) � � �' �,��., Ll �y�LC- � $arb�ara Wencl Secretary of the Planning Commission planninyfm��utes.Hm q 5 - �Q�o June 13, 1995 Mr. Roger Ryan City Planniqg Division iioo city xaii a� 25 W. Fourth St. St. Paul, MN 55102 Dear Mr. Ryan: RECEIVED JUI� 13 1995 ZONiNt� On Friday, June 9, 1995, I attended a public hearing held by the St. Paul Plan- nir4g CoRmission relating to a proposed amendment �nending the definition of adult bookstozes. Duri� what should have been a meeting to hear recarmiendations and objections relaCive to the pzoposed a�endment, I quickly became aware that the testimony being given by a number of individuals was little more than a diatribe against the very business for whom T am employed, Music & More, 961 W. 7th St. I now feel that it is my responsibility as Opezations Manager of Music & More to defend the business against a number of ridiculous and fabricated allegations made by the group appearing in support of the proposed amendment. I also note, for the record, an inability.or unwillingness on the part of Chair- person David McDonnell to keep the carn�ents of this group foeused on the topic of the hearing. After correctly pointing out the irrelevancy of the first two speakers' camients, MY. McDocu1e11 continue to bend the procedural rules in allow- ing an e�ccessive amount of tise for theiz remarks, and in one or two instances, allowing individuals a second chance to speak. I am thoroughly amazed at the lec�hs this same small group of individuals has gone to over the past two and a half yeaYS in attempt to drive Nfusic & More out of business. I'd like to cocmzent on some of the allegations referred to earlier - Two teenaged girls testified about the supposed obscene posters displayed in the store's windows. These posters feature Paula Abdul, HeaCher Locklear, Lita Ford, Madonna, Marilyn Monrce and other music and film stars. To many teenage girls, these staYS are idols. These young girls testified to the "very bad" nature of these posters. However, being a proud parent myself, I can't imagine any parent not being thrilled if their own children were to reach such fame and popularity. In addition, these same posters are available for sale in most music stores lo- cated in shopping malls, and also at Target and other department stores. 'I1�ese posters show no nudity whatsoever or any graphic characterization of anatcxnical araaa_ InteTesting enough, it was Councilman David '�hune who suggested, on a Saturday afternoon visit to the'store, that the windows be covered' in response to a com- plaint. Although the windaws in question were above average height (s� feet), and no graphic nudity could be viewed £rom any street-side angle, we weze moTe than happy to oblige Mr. Thune's request. -2- �5- (�b�J As to the cotm�ents of Ms. Theresa McCormick and her overhead projections of what was supposedly a graphic video box cover displayed or visible in a window, I'd maintain that anyone could see that the photograph of the back of a video box was taken at vey close range and not through a window as alleged. None of the adult videos are displayed in this �ashion nor can they be seen from outside the premi.ses. One would have to enter the adults-only section of the store which any adult can do and obviously did. It appears to me that the small handful of people that appeared at the hearing in protesC against retailers who rent or sell adult materials, do not represent more than a minimal amount of business at any of the 32 retailers cited in the proposed amendment. Obviously if there was not a demand for adult-oriented mat- erials, these retailers would cease supplying this praluct and go out of bus- iness. One video store owner stated at the hearing thaC, "I've been here for 13 years. How many other businesses have lasted that long?". 1 agree wholeheartedly! How many of these retailers along West Seventh Street, University Avenue, and downtown ahve far�outlasted many failed businesses. Businesses that are now vacant storefronts advertisng "space for lease" or "space for sale". These storefronts used to be major fast-food chains, car dealerships, pharmacies and furnitZare stores. Remaining retailers with their lights on and "open for bus- iness" signs should be a welcane sight. In a city which is continually raising its' homeowners property taxes due to a lack on new comt�eYCial growth, the exodus of businesses creating a shrinking comnercial ta�c base, one would think any business that is successful in paying property t�es, sales taxes and employing the people of St. Paul would be con- sidered an asset. Too many companies have alreqdy been discouraged fram doing business in St. Paul due to an ever-increasing bureaucracy. In a time when goverrunent intrusion into oux homes and personal life choices is prevalent, we should be vigilant that our liberties and choices are not limited by a few narrow-minded people who are intolerant o£ anyone else's views and values other than their own. Indiv- iduals such as those testifying on behal£ of the propsed amendment tend to be sanctimonious, moralistic and self-righteous. Their views become more extrem- isY as their Cunnel vision focuses on one single issve. These individuals should not be allowed to re-write the St. Paul Legislative Code. Those few that cry "Wolf" would have you believe that the City of 5t. Paul is overrun by perverts and pornographers and that the retailers who rent or sell adult videos and other adult-oriented merchandise are inanoral and criminally- minded. I would suggest that those protesting adult enteztairunent may be living in the past. This is no longer the 1950s, a time when married couples slept in separate beds and when sex was a"dirty" word. This is now the mid-90s, when sex is discussed openly and freely on daily talk shows and portrayed in�ever}�- thing from advestising to smap�operas to music videos. Adult material is avail- able on Cable TV, in most hotelJmotel zooms on pay-pez-view, and on satellite, DOS Systems and PC Internet. Certainly eveyone knows sameone, or may ahve themselves participated in a stag party, purchased;a gag gi£t item, sent a"naughty" greeting card, worn sensual lingerie. They may have even gone so far as to read Penthouse oY Hustler Maga- zine (available at such locations as the airport or B. Dalton Bookseller), rent- ed an adult video, etc. In addition, condoms, lotions and vibrati� massagers can be purchased in many drugstores. T -3- w5 -i�� I would think that by now, most people recognize sexuality as a fact of.life and a basic human need. I am also certain that most peopie feel comfortable with their right to decide for themselves when and where they might purchase adult materials - rather than forfeit that choice to the govermnent. How many more years and how many more dollars wili the City of St. Paul waste on this issue? Certainly the long-outdated term "adult bookstore" conjures up scary ideas in the minds of some. Tile image of a dirty old man in a raincoat hanging around every stoze that nents or se11s adult videos is ridiculous. So are the myths of increased crime and property values around such locations. I have yet to hear of or see any study which shows that personal constucTption of adult mzterials has any adverse effect on society. Therefore I suggest that we do not need any more govercrment regulations or zoning requiYemenCs than that which are already in effect. In studying the adult zoning issue, I cannot think of any more visible locations for stozes carrying adult materials than our major four-lane avenues such as West Seventh Street, University Avenue, and Downtown. After atl, most of the current establishments have been operating successfully for years in these lo- cations - w�ithopt problems or cornplaints. It would appear thaC on West Seventh Street, where bar and liquor establishments dot almost every block, any many of which feature legal gambling activity, entertaitur2nC for adults has been a focus for years. I have yet to find an owner or operator who will agree that the ex- isting retail and video stores pose a threat and are not compatible with the other forms of entertairunent for adults which presently line the avenue. It was mentioned by one individual at the hearing that these stores attract the "very bad" elem�nt to these neighborhoods. However, coctaTbn sense would tell you that the people fTequenting these stores are your neighbons, thus explaining why these businesses are located in virtua�l3� every district of the City. The Planning Co�nission is cleariy trying to reduce or limit retailer's existing square £ootage and inventories by even more constitutionally questionable legislation. In conclusion, I feel our o6jections have been expressed and'I would liketo thank you for your valuable time and attention. Any furtheY questions or ca�nts may be addressed to me. Douglas Ol on Music & More 461 W. 7th St. St. Paul, MN 55102 cc: Individual members of Planning Canmission DEPARTMENT OF PLANNING & EWNOMIC DEVELOPMENT �5—fc'� C l ' TY Qi St111V 1 rAllA . Division ofPlmemng Norm Coleman, Mayor 25 West Fourth Street Telephone� 612-266-6565 SaintPaul, MN55701 Facsrmrle� 612-128-3314 MEMORANDUM Date: July 17, 1995 To: Mayor and City Council From: Roger Ryan � Re: July 14th minutes The minutes of the Planning Commission's July 14th meeting concerning adult bookstores will be added to the packei when they aze available in about a week. K:\SHARED�RW RIAAMMJUL.MIN �G/bb/17y5 1b:G� b1L/31�1y4 L151 IWU VUUIVVIL rHU� G� �ys�cjr � cor�.�ulv� ��nvc� Q - ��(� 2169 Sullwater Avenne, Suite ZOl Saint PaW, M,i� 55119-3545 7une 5, 1995 To: Roger Ryan, PED Planning Commissaon From: District 2 Community Counci2 Re: Advit Eookstore Zoning Ordinance Phone:{612) �31-6842 Faz:(612}7Dt•014a At its 14Iay 2b, 1945 Physir,at and Neighborhoods �ommittea meetiaag, the District 2 Community Council reviewed the proposed Adult Soakstore Zoning Amendment and passed the foliowit►g moti�n: 'T'hat "300 square feet" be changed to "100 square feet" in the proposed Adutt Bookstore Zoning Amendment. This motion was then approved hy the full Baard of D'uectars at its May 17, 1945 meeting. The reference is to the threshold arnounts listed in the proposed atnendment. The £eeling of the Council is that the pmposed language aliows for too large a space and that IQO square feet of floor area is a more sppropriate threshold size. Please enter this into the record at the pub�ic hearing. I£you have any questions, pleasa cal] Tim Dorn£eld, the IJistrict 2 Community Organizer at 731-6842. EQUAL OPYORTUNC£Y EMPLOYER / CONt'RAGTDR �� I��fl MINC7TE5 OF THE ZONING COMMITTEE CITY COLNCIL CHAMBERS, SAZNT PAUL, MINNESOTA ON JULY 6, 1995 PRESEN'i': Mmes. Faricy, Morton, Wencl; Messrs. Chavez, Field, Gurney, Kramer and Vaught of the Zoning Committee; Mr. Sega1, Assis�ant City Attorney; Mmes. Dad1e2 and Sanders; and Mr. Ryan oi tfie Planning Division ASSENT Time: 3:45 - 4:45 p.m. The meeting was chaired by Gladys Morton, Chairperson. P�ULT BOOKSTORE ZONING AMENDyENT. Re£erred to the committee on June 8, 1995. Mr. Ryan provided a staff report. Mr. Ryan said that the proposed amendment does not regulate the content of speech; it does not ban the sales or rental of adult material; it does not forbid consumption oE adult material at stores, at homzs, or hotel rooms. The purpose o£ the amendment is to clearly indicate to store owners and to enforcement officials how much adult material for sale or rent constitutes an adult bookstore. Mr. Ryan explained that businesses meeting the definition o£ an adult bookstore will be restricted to B-3, B-4, B-5, I-1 and I-2 zoned districts. If a business sells adult material, but does not meet the definition, then the business can be located in B-1 or B-2 districts. Mr. Ryan recommended adoption of the proposed definition: adult bookstore would be those having over 15% oP its usable floor area or more than three hundred square feet (300) of floor area in adult material. Mr. Ryan gave his reasons for the recommendation. Mr. Ryan said that an interim ordinance defining adult bookstores as those having over 15% of useable floor area in adult material has been in place in Saint Pau1 for the past cwo years, and experience has been gained by video store owners with respect to compliance to this legislation. Mr. Ryan said that trie proposed legislation is comparable to how other jurisdictions define adult bookstores. The survey done by the City's consultants showed that the median percent of floor area used by other jurisdictions in their definitions was 10%. Another reason Eor recommending this definition is that the video store industry has really self-defined what is and what is not an adult store by keeping the proportion and size of adult material under 15%. Mr. Ryan said he believes video stores do that because they want to avoid complaints and do not want the image of being an adult bookstore. An example o£ the self-definition is that there are 91 stores included in the survey. Three stores are 1000 adult material; they have self deYined themselves as adult bookstores. There are 9 stores that have no adult material; they have self de£ined themselves as non-adult bookstores. Twenty-nine stores have both adult and non-adult material; twenty-two of them, or 76°s, have 150 or less space in adult material, self de£ining how small a non-adult bookstore is. Looking at the entire range of the 1995 survey, 10 of the 41 stores (75°s) have 15% or less adult materials. Mr. Ryan said that looking back to 1993 when a survey was first done in preparation for an interim adult bookstore ordinance, 77°s oP the video stores had 15°a or less adult materials. Mr. Ryan said that there is a market reason / '�5-1��J for limiting adult materials to 15%, and he believes that the video stores did look at this and this is what has resulted in Saint Paul. Mr. Ryan said that the internal arrangement witnin the stores to limit access to minors caas an issue that was raised at the Planning Commission. Mr. P.yan distributed copies of Chapter 275 of the legislative code for commissioners' review. The law says that store owners are obligated to restrict access of minors to adult material. This is already in place and addresses this issue, and precludes the need for its inclusion in the proposed zonir.g amendment. Another issue Mr. Ryan addressed was that of potential non-conforming uses. It was suggested that stores with over 15; of adult material in 1993 when the interim ordinance was adopte3 should be grandfathered in. Mr. Ryan said that existing non-conforming use regulations are in place and would apply to those businesses and didn't recommend anything special for this use. Mr. Ryan addressed an alternative definition of adult bookstore: one that has 150 of the sales receipts £or adult material. Staff believes that video store owners should not be relied on for the data, and that this method introduces such issues as more recordkeeping, the frequency of review, what the consequences of overages would be, what assurances would be given to target compliance. Mr. Ryan suggested it leads more to uncertainties that are comparable to tl uncertainty that is present in "significant and substantial." Commissioner Vaught asked to see the language of chapter 276.01 of the legislative code, regarding dissemination o£ adult materials to minors. Mr. Ryan provided the language for his review and said that both chapters 275 and 276 are currently in affect. Commissioner Vaught said he would vote against the proposed amendment. He said that the ordinance in its entirety is an affront to the U.S. constitution and is fraud in advertising. Commissioner Vaught suggested that the proposed legislation is recommended simply to address concerns that flow from a single business in Saint Paul. Commissioner Vaught said he does not have a problem with restricting the view of adult materials, but does have a problem with doing it on a square footage basis because he doesn't believe that there is any demonstration of any connection between the square footage devoted to the sale of adult material in a particular facility and any demonstrated harm. Vaught continued that he believes this amendment to be a backhanded way of censorship and an attempt to use zoning regulations to £orce what would otherorise be a legal, business out of a particular neighborhood. Mr. Segal, City Attorney, atCempted to comment regarding the secondary adverse affects resulting from adult bookstores. Commissioner Vaught challenged that Mr. Segal was attempting to provide argument without being requested for information by the committee. Commissioners Field and Gurney indicated a desixe to hear from Mr. Segal. Mr. Sega1 attempted to clarify that what staff has set forth in the report and what they have asked the commission to address, is not whether adult bookstores cause secondary adverse affect, because he said that has already been established, is to review and nake recommendations on how the term should better be defined so that future en£orcement purposes would be less likely to be successfully challenged on the grounds of vagueness. Mr. Segal said he was not arguing one way or another about what the committee should do, but speaking for explanation purposes on1y. Commissioner Field asked either staff or Mr. 5=gal to elaborate on the consequences of the proposed definition. ��- i�� Mr. Segal said that the amendment would affect where the business may be located. If a business fa11s within the definition of the adult bookstore then its location is restricted to B-3, B-4, B-5, and the industrial zones, not in the B-1, B-2 or residential zones. Commissioner Field sumnarized detail supplied by Mr. Ryan from the sta££ report that there would be three businesses currently located in B-2 zoning districts that would be af£ected by this legislation at this time, one adult bookstore and two video stores. Mr. Ryan established that Music and More, located on West SEVenth Street, in a B-2 district, and which hzs generated some controversy, is one oE the businesses that would be affected by the amendment. Commissioner Gurney asked whether the zoning amendment would be applied retroactively, or whether those businesses it applies to be grandfathered in. Mr. Segal responded that the staff recommendation would allo�a those businesses that are currently non-conforming, but legal, to continue. If the business met the code at the time they were established, and are within the 15°s square feet required by the current ordinance, and they have more than 300 square feet, they would be non-conforming under the proposal, but would not be required to conform. Mr. Segal further stated that some cities that have enacCed regulations requiring noncon£orming uses to conform, but that is not the case. Commissioner Gurney asked £or further clarification that nobody would be put out of business, but rather restrictions would be placed on new businesses. Mr. Segal said that the recommended zoning amendment would also restrict existing businesses from becoming more nonconforming and would prohibit them from expanding their adult matezials. Also, if it weze determined that they are presently illegal, they would conCinue to be illegal. Commissioner Wencl referred to page 7 of the staff reporC relating to adult maCerial and asked if there is a possibility of using such a formula in Saint Paul, even though staff is recommending against it. Mr. Ryan responded that it is one measure in which a number of cities have used, and that Saint Paul could include it as well, but staff recommends that Saint Paul r_ot use this method for the reasons stated (on page 2, paragraph 2, of these minutes). Commissioner Vaught reviewed that Mr. Segal has suggested that secondary adverse affects have been demonstrated in otfier cities and said he has not seen any such evidence either through the testimony at the public hearing or in the staff report. Furthermore, he said that even if there is some generalized evidence of secondary adverse af£ect between adult facilities de£ined as those with floor square £ootage of 15% or more devoted to adult materials that cause secondary adverse affects, he has seen no specific evidence in the city of Saint Pau1 of those secondary adverse affects. Commissioner Vaught said the commiCtee should have the opportunity to review such evidence and challenged that that information has not yet been presented. Without such evidence that adverse affect has been proven, Vaught said he is not prepared to vote in favor of the proposed zoning amendment. Commissioner Gurney said that he sees the ordinance as a mechanism to more clearly define what an adult use is so that City staff attempting to enforce any part of the ordinance has firmer ground in doing so. �� 5— ��c� Commissioner Kramer quoted from the staff report: "The report does not deal with the authority to regulate adu2t uses or the need to regulate adult uses because of their deleterious affects on property values and crime." Commissioaer Kramer said that the City had an ordinance that used the term "substantial or significant portion" and when attempting to enforce that ordinance the City was taken Co court. The ordinance was not thrown out, or determined unconstitutional, but the case was dismissed on th> basis that "substantial and significant" were not clearly defined. Commissioner Kramer said th>t the proposed amendment provides a clear definition of "substan_tial or significant". Whether or not that relates to a second issue of adverse affec�, Krzmer said is another issue. He said that what is before the committee is a definition for adult bookstore. Kramer said that iE the committee would like to go to a lower threshold that is an option as presented by District 2. There was comment that the oroposed definition would affect a number oP businesses located in B-2 zoning. Commissioner Kramer acknoaledged that, adding that every time Che committee rezones a property it restricts their potential uses. Commissioner Vaught suggeste3 that the committee has an obligation to demonstrate that what the committee is seeking Co regulate has a legitimate reason, with some adverse affect. Commissioner Field questioned the necessity of this request and likened it to the city's sign ordinance which he questioned whether the city is in any better or any worse shape for having or not having a sign ordinance, but the fact is that it is in place. Commissioner Field questioned why section 275.01 has not been used for regulation of the Music and More Store. Commissioner Field asked within the zoning code, where tlie "adult bookstore" de£inition would be applicable to. Mr. Sega1 said that it is only in the zoning code and would only resCrict location of adult bookstores in the aforementioned zoning districts. Commissioaer Field asked how different the proposed adult bookstore amendment is in its ramifications from that oY the gun shop ordinance. Mr. Segal said it is analogous, as the gun shop ordinance also dealt with location. F3owever, licensing is in a different part of the code, and the zoning code provision only indirectly deals with licensing. Commissioner Field moved that the committee refer the adult bookstore zoning amendment back to the Planning Commission without recommendation, with minutes of this meeting available prior to the Planning Commission meeting, and that a synopsis of where the definition of adult bookstore will fit into the zoning code, to provide clarity regarding its ramifications. Commissioner Rramer seconded the motion. Commissioner Wencl asked if the committee decided not to make any recommendation whether other staff recommendations will be coming forward regarding adult bookstores. Mr. Ryan said that there are not. Commissioner Vaught said he would vote for the motion. 4 q�- Io�� Commissioners Fie1d and Kra:ner said they would like to see the Planning Commission participate in the discussion. The moti.on carried with a vote o£ 7 Co 1(Wencl against}. Commissioner Vaught asked that evidence as it relates to secondary adverse affects of these facilities, specifically as they relate to Saint Paul, but pertaining to other cities as well, be provided at the Planning Commission meeting. Mr. Segal clari£ied that in the case of th> lawsuit, that the ordinance was held to be valid and the lawsuit was dismissed. Anproved by; Gladys Morton, Chairperson 5 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT q� - i�� C ll l �� S�llV DivisionofPlanning Norm Coleman, Mayar 25 West Fourth Sbeet Telephone 612-266-6565 Saint Pauf, MN S.i102 F¢csimile 612-228-33l4 MEMORANDUM Date: July 17, 1995 To: Mayor and City Council From: Roger Ryan `� Re: July 14th minutes The minutes of the Plannino Commission's July 14th meeting concerning adult bookstores will be added to the packet when they are available in about a week. K: \SHARED\RWR W AMMJUL.MIN 06/66/1995 10:00 E12731d194 DIST TWO COUNCIL PAGE 0i �YS�acr � cor�v� ��,�c� G 5- ��,� 2169 Saltwster Avenue, Suite 201 Saint Paui, MIY 55119-3�U8 June 5, 1995 To� Roger Ryan, PED Pianning Commission From: Distric� 2 Community Council Re: Adult Buokstore Zoni�g Qrdinsnce Phone: {612) 731-fi842 Faz; {6 t'.) 731-0394 At i#s May 20, 1395 Physicat an3 Neighborhoods Comtnittea meeting, the District 2 Community Council reviewed the proposed Adult Bookstore Zoning Amendment and passed the foltowing motion: T'hat "300 square �eet" be changed to "l OQ squarc feet" in the proposed Adult Bookstore Zoning Amendment, Th'rs motion w$s then �pproved by the fuli Board of Directors at its Ivlay 17, 1995 meerang. The reference is to the thteshold amounts Eisted in the proposed amendment. The £eeting of the Council is that the proposed language alTows for too 12�rge a space and that 100 square feet o£floor azea is a rnore approptiate threshold size. Please enter this into ihe record at the pub�ic hearing. If you have any quesdons, please call Tim Dornfeld, the Dsstrict 2 Commut�ity Organizar at 73 �-6842. EQUA%OPPGR7'UNPTY �MPLOYER / CDNTRrt CT(>Ft q5- la�� June 13, 1995 Mr. Roger Ryan City Planning Division 1100 City Hall Annex 25 W. Fourth St. St. Paul, MN 55102 . - _, JUN 13 1995 ��IN� Dear Mr. Ryan: On Friday, June 9, 1995, I attended a public heari�g held by the St. Paul Plan- ning Ccmmission Yelating to a proposed an�ndment amendir� the definition of adult bookstores. Duriclg what should have been a meetiqg to hear reco��ndations and objections relative to the pYOposed a�rendment, I quickly became aware that the testunony being given by a rnm�ber of individuals was little more than a diatribe against the very business for �3nom I am employed, Music & More, 961 W. 7th St. I now feel that it is my responsibility as Operations Manager of Music � More to defend the business against a nun�ber of ridiculous and fabricated allegations made by the group appearing in support of the proposed amendment. I also note, foY the zecord, an inability_or unwillingness on the person David McDonnell to keep the co�¢nents of this group focused of the hearing. After correctly pointing out the iYYelevancy of speakers' co�meents, Mr. McDonnell contiriue to bend the procedural ir� an e�ccessive mnount of time for their reznarks, and in one or allowing individuals a second chance to speak. part of Chair- on the topic the first two rules in allow- two instances, I am thoroughly amazed aC the leng�hs t�is same small group of individuals has gone to over the past two and a half years in attempt to drive Music & More out of business. I'd like to conment on some of the a�legations refeYred to eazlieY - 'ltao teenaged girls testified about the supposed obscene postexs displayed in the store's windows. These posters feature Paula Abdul, Heather Locklear, Lita Ford, Madonna, Marilyn Monrce and other music and film stars. To many teenage girls, these stars are idols. These young girls testified to the "very bad" nature of these posters. However, being a proud parent myself, I can't imagine any parent not being thrilled if their own children were to reach such fame and popularity. In addition, these same posters are available for sale in most music stores lo- cated in shopping malls, and also at Target and other department stores. These posters show no nudity whatscever or any graphic characterization of anatomical arPaa. Interesting enough, it was Councilman David 'i`hune who suggested, on a SatuYday afternoon visit to the'store, that the windows be covered in xesponse to a com- plaint. Although the windows in question were above average height (s� feet), and no graphic nudity could be viewed from any street-side angle, we were more than happy to oblige Mr. Thune's request. - z - "t� - ��0 As to the coaments of Ms. Theresa McCormick and her overhead projections bf what was supposedly a graphic video box cover displayed or visible in a window, I'd maintain that anyone could see that the photograph of the back of a video box was taken at vey close range and not thrmagh a windaw as alleged. None of the adult videos are displayed in this fashion nor can they be seen from outside the premises. One would t�ave to enter the adults-only section of the store which any adult can do and obviously did. It appears to me that the small handful of people that appeared at rhe heari�a, in protest against retailers who rent or sell adult materials, do not represent more than a minimal �ount of business at any of the 32 retailers cited in the proposed amenchnent. Obviously if there was not a demand for adult-oriented mat- erials, these retailers would cease supplying this product and go out of bus- iness. One video store owner stated at the hearing that, "I've been here for 13 years. How many other businesses have lasted that long?". I agree wholeheartedly! How many of these retailers along West Seventh Street, University Avenue, and downtown ahve far outlasted many failed businesses. Businesses that are now vacant storefronts advertisng "space for lease" or "space for sale". These storefronts used to be major fast-food chains, car dealerships, pharmacies and furniture stores. Remaining retailers with their lights on and "open for bus- iness" signs should be a welcame sight. In a city which is continually raising its' homeowners property t�es due to a lack on new coan�ercial growth, the exodus of businesses creating a shrinking co�nercial t� base, one would think any business that is successful in paying property t�es, sales t�es and employing the people of St. Paul would be con- sidered an asset. Too many caarpanies have alreqdy been discouraged from doing business in St. Paul due to an ever-increasing bureaucracy. In a time when goverrnnent intrusion into our homes and personal life choices is prevalent, we should be vigilant that our liberties and choices are not limited by a few naYrow-minded people who are intolerant of anyone else's views and values other than their own. Indiv- iduals such as those testifying on behalf of the propsed amendment tend to be sanctimonious, moralistic and self-righteous. Their views becane more extrem- ist as their tunnel vision focuses on one single issue. These individuals should not be allowed to re-write the St. Paul Legislative Cale. Those few that cry "Wolf" would have you believe that the City of St. Paul is overrun by perverts and pornographers and that the retailers who rent or se11 adult videos and other adult-oYiented merchandise are uanoral and criminally- mi.nded. I would suggest that those protesting adult entertaimnent may be living in the past. This is no longer the 1950s, a time when marYied couples slept in separate beds and when sex was a"dirty" word. This is now the mid-90s, when se� is discussed openly and freely on daily talk shows and portYayed in�every�- thing from advertising to soag�operas to music videos. Adult material is avail- able on Cable TV, in most hotel/motel roans on pay-per-view, and on satellite, DOS Systems and PC Internet. Certainly evzyone knows sameone, or may ahve themselves participated in a stag party, purchased:a gag gift item, sent a"naughty" greeting card, worn sensual lingerie. They may have even gone so far as to read Penthouse or Hustler Maga- zine (available at such locations as the airport or B. Dalton Bookseller), rent- ed an adult video, etc. In addition, condo�ns, lotions and vibYating massagers can be purchased in many drugstores. ��- io�� -3- I would think that by now, most people recognize se�ality as a fact of.life and a basic h�an need. I am also certain that most people feel com£ortable with their right to decide for themselves *,�i1en and where they might purchase adult materials - rather than forfeit that choice to the goverrnrent. Haw many more years and how many more dollars will the City of St. Paul waste on this issue? Certainly the long-outdated term "adult bookstore" conjures up scary ideas in the minds of some. THe image of a dirty old man in a raincoat hanging around every store that nents or sells adult videos is ridiculous. So are the myths of increased crime and property values around such locations. I have yet to hear of or see any study which shows that personal cons�nption of adult materials has any adverse effect on society. Therefore I suggest that we do not need any more gover�nnent regulations or zoning requirecrents than that which are already in effect. In studying the adult zoning issue, I cannot think of any more visible locations for stores carrying adult materials than our major four-lane avenues such as West Seventh Street, University Avenue, and DoFrzitown. After a�l, most of the current establishments have been operating successfully for years in these lo- cations - witho}z� problems or complaints. It would appear that on West Seventh Street, where bar and liquor establishments dot almost every block, any many of which feature legal gambling activity, entertaixm!ent for adults has been a focus for years. I have yet to find an owner or operator who will agree that the ex- isting retail and video stores pose a threat and are not compatible with the other forms of entertairIInent for adults which presently line the averrue. It was mentioned by one individual at the hearing that these stores attract the "very bad" element to these neighborhoods. However, coaanon sense would tell you that the people frequenting these stoYes are your neighbous, thus explaining why these businesses are located in virtua�l�r every district of the City. The Planning Conanission is clearly trying to reduce or limit retailer's existing square footage and inventories by even more constitutionally questionable legislation. In conclusion, I feel our objections have been expressed arnl'I would liketo thanlc you for your valuable time and attention. Any further questions or coam�ents may be addressed to me. /�' Douglas Ol on Music & More 961 W. 7th St. St. Paul, MN 55102 cc: Individual n�embers of Planning Coaanission � � � �-� �Z�I�s PLANNING COMNIISSION OF SAINT PAUL a� _�� City Hall Conference Center 15 �Vest Kellogg Boulevard Sainf Paul, Minnesota 55102 A meeting of the Planning Commission of the City of Saint Paul �aas held Friday, July 14, 1995, at 3:30 a.m. in the Conference Center of Ciry Hall. Commissioners Mmes. Bader, Carter, Faricy, Geisser, Maddos, Morton, Treiche] and Wencl Present: and Messrs. Chavez, Field Jr., Gordon, Gumey, Kramer, Lee, McDonell, Riehle, Schwichtenberg and Vaught. Commissioners Mmes. "Lund-Johnson and Messrs. *Mahoney, *Mardell. Absent: *Excused. Also Present: Jerry Segal, Assistant City Attorney; Ken Ford, Planning Administrator, Jean Birkholz, Kady Dadlez, Allen Lovejoy and Roger Ryan of the Planning Staff; and Wendy Lane from License, Inspection and Environmental Protection. T. Approval of Minutes of June 23, 1995 1�I�'T10Iv�: ��rrtmisSiQrier ��eld anavefl.appr�uai z�€ tiie:'ininntes n� June 2'a . Comm,s�oner:TreFChel s�crznded ttie moi�on;svhich �aassed �tn�ni�zic�us�� zi�'a t�t�iEe II. Cl�air's Announceraents - comments or concerns regarding the information in the attendance report should be referred to Chair McDonell or 3ean Birkholz. - an issue for the downtown urban design task force will be reported later. the Work Program Task Force will report later. III. Planning Administrator's Announcements - acting on an appeal the city council did not uphold the planning commission's approval of site plan for the Beulah Lane parking lot in Como Park. - upon the planning commission's request, the city council had asked their council research staff to undertake an evaluation of the Neighborhood Crime Prevention Program; the study is now complete; the study shows a very weak relationship beriveen the area of funding and some decrease in violent crimes; no relationship to any decrease in residential burglaries; and no relationship between the ]evel of organization for crime prevention and any decrease in crime. IV. Pu�i}ia �eating: East Grand Avenue Commercial Parking Overlay District - (beriveen ivlilton & Dale) - (Roger Ryan) I J �5-1�6� Mr. Ryan esplained that if the overlay parking district is created on Grand Avenue, the affect wouid be that the "rule of five" would be suspended durin� the duration of the district. The rule of five states that if you change a use to a more intensified use, and the new use requires five or fewer park'tn� spaces, those parking spaces do not need to be provided. This suspension of the rule of five means that if an intensification of use is presented, one would need to provide the additional off-street parking on the lot of the use, on a nearby lot, or secure a variance. Mr. R}'an continued to explain that this Grand Avenue area meets all the criteria for an parkin� overlay district. Commissioner Geisser thanked Mr. Ryan for the excellent public announcement that had been sent out in which he made perfectly clear some of the previous unclear issues. Chair McDonell read the rules of procedure for a public hearing. 1. Marilou Cheple, 733 Lincoln Avenue, presented the position of the Summit Hil] Association. They feel that Uie rule of five will contribute to more parking problems on the aventte; the concept of erandfathering as proposed by the business association, would be construed to unfairly discriminate against new businesses. She requested approval of the original joint Summit Hill/Grand Avenue Business Association parking request to: I) eliminate the rule of five; 2) only suggest the parking lot improvements; and 3) continue banking of parking spaces. Commissioner.Field asked that Ms. Cheple provide her testimony in writing since it was difficult to hear her. She consented. (Made part of the record.) 2. Milton Smith, 11 Hilltop Lane, and owner of property at 640, 642 and 644 Grand Avenue gave testimony. He believes that the small commercial property owner is being penalized if the rule of 5 is suspended. 3. Brian Alton, 908 Goodrich Avenue, spoke for the Grand Avenue Business Association. He referred to the letter dated July 13, 1995, from Deb Kowalski, presideut of the association, which indicates that at its most recent meeting, the association voted to modify its previous position, concluding that to totally eliminate the rule of five on this area of Grand Avenue wouid be detrimental to the b�sinesses currently located there. 4. James Stopelstad, 1 Edgcumbe Place, suppoRs GABA's position that existing businesses be grandfathered in. Commissioner Field asked him to clarify. Mr. Stopelstad added that he would grandfather in existin� businesses under their existing ownership and structures. IYs a right that affects property value, and should not be removed willy-nilly. In answer to a question asked by Commissioner Gurney, Mr. Ryan commented that if this were adopted, and if a more intense use came into a property, the business would need to provide the additional parkin�, or be granted a variance before it could be an established business. q5- �Q�C� V. Zoning #95-1 I S Michael J. Abbott - Sign Variance to allow rivo nerv signs: I) 18" letter height variance to allow 36" letters; 2) sign area variance to allow rivo new si�ns of 398 square feet; 3) variance to allow the use of a product lo�o (1808 Grand Avenue; zoned B-2). �f01'IOi1 Coinmsssionerlvlortan:s�atied approx=ai of t}.ie �eques€ed sign varianee ivhieA cazried tiit�ia;ouslyoii e va�ce vt�te. AduVt Bookstore (Definition) Zonine Amendment -(referred to the committee on June 8, 1995). Commissioner Morton stated that the zonin� committee did not make a recommendation on this issue. She said the proposed amendment does not regulate the content of speech, ban the cental or sale of adult material, or forbid consumption of adult material. IYs purpose is to clearly indicate to store owners and enforcement officials how much adult material for sale or rent constitutes an adult bookstore. Mr. Ryan provided a brief summary of staffls recommendation of a definition: an adult bookstore wil] be defined as those having over 15 per cent of their useable floor area in adult material, or liave over 300 square feet of their floor area in adult materiaL He said the reason for the recommendation was: 1) this definition has been used by the City for t�vo years, and the video store industry has gained experience from it; 2) 15 per cent of useabie floor area is quite close to how other jurisdictions define adult bookstores; and 3) 15 per cent and 3D0 square feet is how the videolbookstore lndustry has self-defined what is, and what is not, an adult bookstore by keeping the proportion of adult material u�der 15 per cent. 75 per cent of the stores with adult materiat ace under 15 per cent. 4T t),*T . Caznm�sstorier.2vSorton �oved apj�ro'a1. af staF#'s iecommeridation, �antm��pnec ��rsmer 5e�tirided Yhe tYiatiitrt: Commissioner Vau�ht stated that he opposes the motion for hvo reasons. The first reason is there has been no evidence provided that suggests a reason for "limiting legislation:" limiting the area in a store where adult materials may be displayed, and also where such facilities may be ]ocated within the city. There is no evidence at all or even a link between an area greater than IS per cent of displayed adult material and undesirable characteristics in the neighborhood. He added that there was no objective evidence in the studies that were provided; conclusive statements were made from anecdotal material. He said that he can find no empirical connection betiveen a greater than 15 per cent display area for adu(t material and some manner of neighborhood deterioration or adverse affect. 2) The second reason cited is that he doesn't think this ]imiting legislation has a thing to do with square footage; the real issue seems to be an attempt to get rid of Music and More. He thinks it is exceptionally bad policy to manipulate zoning laws, and concoct definitions that make no sense, and that have no rational relationship to any standard that can be estabiished by any empirical study, simply to get rid of one faeility. Commissioner Field addressed questions to Mr. Ryan: How many stores in B-2 that will become nonconformina uses by the proposed wording were nonconforming uses under the temporary wording. Mr. Ryan answered that right now there are a total of three stores over 15 per cent in B-2 which would be considered adult bookstores. Commissioner Field asked, 3 �� - io�� "Of the three stores, how many have an excess of 300 square feet?" Mr. Ryan answered that one store is in excess of 300 square feet. Commissioner Faricy announced that she is opposed to the motion. She considers this a spot zoning case, and she totally disapproves of this action. Commissioner Schwichtenberg said he takes issue with Commissioner Vaught's notion that �ve're revisitin� whether or not this use should be regulated or, in this case, better defined. He added that the idea here is to better define it, the discussion on whethzr to regulate or not has occurred before. He noted that according to the studies, there is quantifiable evidence there is a demonstrable diffetence in effect beriveen those facilities who have 5 per cent of their square footaae a]]otted to adult materials and those who have 9� per cent. Commissioner Vaught challenged Commissioner Schwichtenberg to produce evidence to prove that there is a demonstrable difference in effect beriveen those facilities who have 5 per cent of their square footage allotted to adult materials and those that have 95 per cent. Commissioner Gurney noted that he looks at this from an enforcement perspective, and he supports the motion. Commissioner Chavez stated that would vote abainst the motion to approve. '1`h� �n�tio�i::ari:.itZe f1Q�r to appro.va.;the priiposed amei�dmeat �lefii�ina an adut� �iookstare ,. cartied on a votc� uciYe of IS ta t-Vaiia ..;...._ _: .. � _ .. . ��= Commissioner Morton read the agenda for 7uly 20, 1995. Site Plan Review Reguest: United Waste Transfer Inc., 400 Whitall Street - To decide whether the commission will review the site plan and to schedule a public hearing for this purpose, if possible - (Tom Beach) �Vendy Lane spoke for L.I.E.P. in place of Mr. Beach. She stated that according to Tom's letter of July 6, 1995, stafYs recommendation would be that a public hearing be held either at the planning commission meeting on August 11 or at the zoning committee on August 3,1995. Ho«'ever, since then the Land Use Committee of District 5 have met with, and have been �vorking with United Waste, and have come to an agreement about what kinds of things the site plan shouSd ineiude; United Waste has agreed to everything. So, at this time, it dces not appear to be a controversia( issue, and there is no recommendation. Commission Field noted concern about a delay if the negotiations would break down in a few weeks. Ms. Lane stated that the commission could still hold a public hearing then, if they so desired. She does not anticipate that negotiations will break down. Commissioner Morton showed concern about this issue's relation to the Phalen Corridor. Ms. Lane stated that L.I.E.P. does not feel that the Phalen Corridor will be affected by this nerv building at all. q5 -1��0 Mr. Segai reminded the commission that if the site plan review is removed from staff, then the planning commission has the function of approvin� it. So, in essence, your motion would require the zoning committee to submit a recommendation to the planning commission. An alternative is to hold an informational meeting with staff retaining autfiority over the site plan review. Commissioner Field commentzd on his dissatisfaction �vith staff, from time to time, for not usin� their authoriTy to eo ahead and resotve issues because they're "controverial;" particularly with respect to site plan reviews. He asked Commissioner Kramer if he would entertain an amendment to make it an informational meetin�. Commissioner Kramer responded that is reason for moving a public hearin� when there is an appeal for a site plan review, it then takes more time to set a public hearin� and go through the process than it would have to set the public hearing in the fizst place. Commissioner Treichel stated that she would vote a�ainst the motion for a public hearing; she wants to speed things up. Commissioner Schwichtenber; expressed his ambivalence also; he thought he would vote in favor of the motion. Commissioner Gordon asked Commissioner Treichel how would the process keep on going without a public hearin�. She answered that a public informationa( meeting would be scheduled for August 11, while staff continues to work with the communiry council and the new provider to be sure that the site plan can begin as soon as possible. Chair McDonell asked if the commission had an informational meeting on Au�ust 11, and they felt something amiss, could they then intervene and still conduct a public hearing. Mr. Segal cautioned the commission about their ambivalence, and advised them to finalize their decision now. Commissioner Carter restated the matter as she understood it, and clarified commissioners Treiche] and McDonell's question by asking Mr. Se�al if a surprise occuned at the informational meeting, did the commission ]iave a right to intervene, if they so chose. Mr. Segal responded that he thinks such action creates an ambiguity that could be used against the City in what final action is taken, and it would not be a time saving process. Commissioner Kramer reiterated that he moved for a public hearing in order to save time, and it can serve as an informational meeting as well as be a public hearing. Commissioner Field noted that he was swayed by Commissioner Kzamer's azgument, and would now vote in favor of the motion. Mr. Pord, in response to Commissioner Field's comment about staff action versus bringing it to the commission, reminded the commission that staff has a set of criteria that was agreed upon with the commission when this arrangement �vas made to delegate authority for site plan review that we review by which we determine whether or not we raise the issue with the commission. He added that when it is brought to the commission, it is only to ask the commission whether or not they want to take it up or not, and they always have the option to say, "No, you can handle it." Mc Ford's opinion regarding this case is that it can be handled well either way, and will be done e�ciently and fairly straight forward. a � - ��o Commissioner Geisser noted that she has been convinced that staff should handle this problem. She will oppose the motion. Commissioner Lee supports the motion. Commissioner Chavez supports the motion. Ms. Lane noted her ambivalence as well; however, she also noted that the need for a public hearin� doesn't seem as apparent as it seemed a few months ago. Commissioner Morton supports the motion. _ he moucii�;pn.<t e: <ior;cart�e : o� Pa uiiice vo€e Mr. Segal, commented on the afore mentioned issue re�arding the Grand Avenue Commercial Parking Overlay District Plan and the "rule of 5," and the business group recommending that it not apply to existing businesses. He stated that normally nonconforming uses apply to the use, not to oFVnership. VT. Comprehensive Planning and Economic Development No report. VIT. Neighborhood Planning and Land Use Ms. Geisser announced that there will be a meeting on Tuesday, July 25, 1995, at 4:00 p.m. VIIT. Task Force Reports Chair McDonell reported that the GVork Plan Task Force continues to meet, and he expressed a positive affect from their meeting with Mayor Coleman and Deputy Mayor Pam Wheelock at which they discussed the role of the planning commission. The commission will now develop a�td present a work plan to mesh with the administration. Pam Wheelock wilt be asked to be present for and respond to a discussion of the work plan at a future planning commission meeting, perhaps in September. Mr. Ford reiterated that the meeting with the mayor was a positive one, and that staff will continue to work with the task force to refine ideas that came out of that meetin�. Mr. McDonell also reported on the Downtown Urban Design Task Force. The task force has had a request from the city council to make a recommendation to the city council on repainting the downtown skyway. The memorandum including that recommendation is dated July li, 1995. The Riverfront Task Force will meet July 26, 1995, for a tour. Mr. Ford noted that Mr. Bil] Monish guided the task force during the first phase. During the second phase, because of the intensity of project activity and interest in the river and Yhe complexities of the issues with the retationship of this area to downtown, it needs to be a very strong effort, and it needs to happen in a very short amount of time; so we have chosen a consultant who Mr. Ken Greenberg, from Toronto, tivho's very highly respected, intemationally, in issues of re- urbanization and new uses for urban areas. Currently, he's in the Twin Cities working on a �5 - �0(n� L►'� new master plan for both campuses of the University of Minnesota. OId Business None. Mr. Ford reminded commissioners that as of July 1, 199�, an application wi]( be automatically approved unless the city has completed its determination within 60 days. So we need to be very clear on how we're going to handle future cases that have potential of becoming controversial. X. Ne�v Business None. XI. Adjournment MO:TIf�� ": �ommtssft5n.er Wancl sna'ued to seCOnded by �ti��nissianai.-Fz�Id; cax�ried . .. .. uiiaiz�r�pi��ly an a vaace uote The meeting was adjourned �at 9:55 a.m. � Respectfully submitted, Ken Ford Planning Administrator plannmg/mmures frm Approved (date) Barbara A. Wencl Secretary of the Planning Commission 7 SIII-19-1995 16:L1.^. hN',i19 l.li' Hi Ii1NNr1'h rr r yr�++ ,� �.�.. - � q5 M�I_At�GHLIIY COI`fSC.[LTII`�C S�RVICES, INC. �DO Guli 8c�levard, Suite 3C3 {ndian Rocts 'ceaCh. Plo,-ida 34635 Pn:813!595-7634 Fzx 8l3f543•°581 Ja�uary .(ll, 199� 9441 Faaciaii T�.B. T;gue, Esq. Attor:,ey at Law 2620 Nicollet Avenue South '.viinz�eapo.is, �4:*��., 5�408. t�ear M:. Tigue, . Re. Secpndarv �ffects. Do�,�ntown Book c�: T/ideo Rocnester. M?nr,esota 'R�,rsuant to your :equest, piease accept �his letier 2s a pre]imin2ry re�ort on the n, 1Sj11� Oi 2C�tiCISL' S�'CO�(j2P_.' e2j'cC15` :5 IDCV :Clflid [J if � ,�.'OSti127UM1t'rt DUVti �✓iis"c'O SFGIi. :II • Roc�csiei, �4iru�csota. As you are uwa; e, �ca are ia the proc�ss of prcparing a 3etailc3 p]an, Keview t� ca;is:der �ahe.her re�?ation of the sio;c as an Adui# Uce is app:opriate. Ln tba meantime, t�is Ie�ter w�!1 serve 2s a prelinir�azy report on the issue� of property values a.nd demand for police sen�ices. T'q p;uyeily anayzc the effect of z part:culas 3a.u3 u5e on uiifere»t YIaiuun� �aetors, it is necessar,� to comp�.re zbe e�ect o� tl�e s.�bjest !and iase with "control uses". ine cor.txol uses a;e eith�r uses with sir•iiIar ebaract:ristics, ur ot�er l�nd uses �vI:i�h ,:vgu: be pzublzr�at:c, an�i which show tae nature of "3dver;e cecr,r�ay P�=r.rtt" su:fered by generic co�mercial a�erations vtli��t ;e;�d t� ihe Npe or eontent o€ ;be bnsiness. In Rochester, we are daing a tu°o level �alysis. We have ]ooked at a to�sl of three conuol uses, to compare specific property values a��a calls for poliee serviee. VJe src ;i.uuther c�nsidering p:operry values in �e arens af the contzol uses and in the area o: Jnwnrown Book & Yicieo. T"ne speci&c conuol ases cobsic�ared are: r�krish�n .Rc��k �: Gt,?t ':hop, S15 :�'. kZ:^a�• Blockouster Y'uieo, 45� 11 Avenue N.W. t3ook Revie>v, bl l ?�r. 'S�aa�way Downtawn �iook & V'uleo opened in lhe sumrueF of 1992; so that p�operty value data far tve ead of 1992 a�d ;ae end o> i993 {tbe mosx recant avaiabi�,} .se relevant. Police daia were provided £or a variety �f perods, and wsre ar.alv2ed foz ihe one year period ending !Z/3/94. PAf?�EFi'TX VALUB DA7A _ ProgeTiy vaiues 2t liowntowtt Baok wut i�'uteo and at Ywo o: the three contrpl uses rPmained tanstant afier the I3awnt�wn Book was opened. Property vaIues at Cfuisrian Book 5tore ?el} 4•24�io. The pzopetty vaiue analyses of :he areas is still ur.den�ay, and wiL be rcgorted to you shortIy. 1 Y f1 � r�� ,, illl-19-1�95 1G:lS FRfIPI C1T}• qTT�io-'.NF`/S fIFFlfF ftand2li D. B_ rigue, �sq. ?a�e 2 i�i yrrts } u r.v i q 5- �� Jar,�ary 13, 1995 9441 AccordirQ-y, c;.e�e is %o e:-:dence that Do�+:nrou-r: �aoek & video has hao any secondary effects rziated to �*o�e: y values. POLICE J)AT,A PaJice data :e; tre areas o£Dov.»zro;vn Book � tTUteo and the con:rol uses have not yet been prov�dea b;� ihe City PoIice I�egartmer,t, but a-e eapected r_ext �veek. Data fur iLe individua3 cusiaesses are as fol3cws: .Dcr:r.lo•r✓n Book & Virlec had 1S cails for police se?v in tne per?od endir.g 12/3�4G. C}f these 1� ca)ts, none related to ibe specific nature cf the bus:ness, iour �,ere ir,cidenfal (:SSi$aed to the address but not re!ated to it.) and 11 �v�re ca21s any busiaess couicl c�Yer:e�cc, (ii�c bur�;2ry/slar�s; four shoplifting; one trespassir.� anu' onc theft, o?hat}. In the came pzrioa, Ciuistirvt BoCk bad four calls, ane inciden?2I, aad three that any bnsines: ��nt eaper,e :ce; �fockbuster �ad 18 c211s, iacluding four ineidental calls ar.d 14 ca2ls t'v«i auy r��sincss �:Gnid eaperienca, (zr.ciudin� hvo stupic;ous circui�tai:cc<., one suspiciow pe;soa, one rcbbery alar�m, aad one disardarly c.onduct); and Book Re�iew hzd �•o cails, both of which any business m�g�t eaperzence. '�us, whiJe L>owisroi�.n Book & t�'uieo had a big�er de�ana for police szrvices than did t�vo qf tHe co�uol uses, iE baci a 9iyniiicautly lUwCr clez*�dnd t�aan did 31ock6usrer cndeo. Furtber, Btockbus?er bad nore seriaus incidents i+?cludir_g the rohbary, s�ze suspicioLS perso�.s or circumsrances, a�d the disorde:ly conduct. Accaraingiy, th�re is no cvidence tb3.t ➢o�c:ntpwn Boak & T/'u12o �a5 an inordinztely hi�h der.raand for pol3ce serr�ces, or saeondarv effects ;e;ated to cr�uinal activitv. CO�CLUSI�� 33ase�' on .hw ivsearc� aonduc:ed to da.a, tbere is ao eFZdc.^.ce of wcyes5e. secondary e�ec�s (declining pm�erty values or incre2.sed demands for palice sen�i�es,) �sociated with .Uav��n;own Book & TT.d¢o. Yours very truly, MeX.au�,Alia Co:uult:ng Services, Inc. �. �;� � ��., �Z, Bn:ce McLaughlin, AiCP Pzesident RB?vlc�./m TL3i9a415:z TOTRL F.03 �. L sv.bs'�'i 9 i�o �9s Council File # Ordinance # tS —tb� Green Sheet # � ORDINANCE CITY ��8 PAUL, MINNESOTA � AS Ab�3LTyaD SSPTBbffi8R 20, 1995 Presented By ReferYed To Committee: Date 2 (�. B �J= � 3 An ordinance amending Section b0.201 of the Saint Paul 4 Legisiarive Code defuution of adult bookstores, requiring the 5 discontinuance of nonconforming adult bookstores within three 6 (3) years of the effective date of this ordinance; and providing 7 that the Planning Commissian may grant reasonable extensions 8 of the amortization period. 9 10 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 11 12 Section 1 13 14 That the definition of an adult bookstore as contained in 15 section 60.201 of the Saint Paul Legislative Code, is hereby 16 amended as follows: 17 18 Adu1t bookstore. T'��1t.;;�s±��l€��'o��;.:��i;�;':;� � building or 19 p�� t of a buildirig usecl ��or` the''"l�arter, rental or 20 sale of �.;.,��.t,��a�� s��,€'�� : :�.E items consisting of f�}` 21 i�s;t��n��t �e��:�esr a� �Sa�a�s��al;�� T�'��i ar� c�es�,�� 22 ��.�a��.,��i`�c�n��ct��r� z�*��h ��scv,�l ��t��.��??x ca� ., ,..: , :, :.. , ...: . .. . , � , - 23 {�:�: printed matte'r, pictures, slid'es, records', audio tage, 24 videotape,:: s� motion picture film��,�z� �t:R��t�s .rs�.��s.�z��i�s 25 �ci�:: if _ ,...,.,.�.__...., ..v : �:,. �._ . w+;� �� 26 su'ch�items are distinguished or characterized by an emphasis 27 on the depiction or description of " specified sexual ?8 activities" or " specified anatomical areas." ?9 ``��s-�a�r�3 e�'��ignificant portion of items' ' shall mean 0 more than fifteen (15) percent of usable floor area Csr.�zicsr� i tli;�� z3��. ti�x'�3 �te� '��s�� c�cs�x� ��c� �� .z�€�� a�� 2 c��'4:;::.�ci�:�'�h:';.�3��` I:�.;;;�d>:;b�:�:��:-;;��-:;a�:;:;��:<t��;:_�� ., _� �.,.�!.:,.,.. + : _ .. ,,,.. , .. ;_: , . 3 z�e� No o�scene work shall"be allowec� � .. ,: Section 2 �5- I�I� P 2�3 e� ?'�'�e cr�et �f r��.pc�� C�� a��7.t �Zwok��pr� ; � z 3 4 5 6 ��:-� q� - � Q. 3 ��3 This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. �w�i i�tae� 9CT 14199� Adopted by Council: Date „�_ ��q5 Adoption Certified by Council Secretary By: Appi By Requested by DeparCment of: Ey: Form Ap oved by City Attorney , By : �� .� � ! v h '; Apprp by Mayor for Submission to Council By: GREEN SHEET CRY ATTORNEY BU�GET 01flECTOft MAYOR (OR ASSISTAN'n TOTAL # OF SiGNATURE PAGES AlL LOCATIONS POR SiGNATURE) �iS - )o� N_ 31272 INITIAVDATE � CIT'COUNqL �CItYGIEAK ' � FlN. & MGi 5 RVICES OIR. m Adopt °adult bookstore" zoning definition amendment. � PLANNiNGf.OMMISSION _ CIVILSERVICE � Cfe CoMMITTEE $TAFF _ _ DISTRICT COURT _ SUPPORTS WHIGH COUNCIL O&IECTIVEI Where, PERSONAL SERYICE CONTRACTS MUST ANSWER TXE FOLLOWING �UESt10!!S: t. Has this parsonfirm ever worked under a contract for this deRartment? YES NO 2. Has Mis personrfirm ever been a city employee? YES NO 3. Does this personff+rm possess a skill not rwrmally possessed by any curzent city empbyee? YES NO Exptain all yes answers on separate sheet end ettaeh to green shcet Existing definition of adult bookstore does not clearly indicate to video and bookstore owners how much adult material for sale or rent cons� a store as an adult bookstore. ��" JUL 17 �g5 � Vitleo and bookstore owners and city en£orcement officials do not know in advance how much adult material"constitutes an adult bookstore. Norie �[��RI,� JUL 17 1995 �PTY �� J��F� Enforcement officials will remain uncertain of what is and is not an adult bookstore. AMOUNT OF TFANSACTlON COSTlREVENUE 6UDGETED (CIRCLE ONE) YES NO G SOUHCE ACTIVITY NUMBER LINFORMATION.-IEXPLAIN) �S —�v�0 �! NI �I �� N� � N L � -E-+ N � � � > O � � C t� � O O � O' N � •� � y— '� O � NI �I �� .,� � � � � = , � � � � N � � c� � M � � co Q. � � � � 3 � � � c� '� � � � ca � � 0 c rn L�5- I�I�� a� � � � _ . � 0 L J..� � � � � Q z � � � � � 0 m 0 � � � �- O N Q. � 0 t L n V M � � � � � � � � � � �: � � N N 0 � <- � � N N L � � � M 3 Z � d O y Q r N N .` N N � 7 � m � .J N � O � N N N . d R � y = N a a c� � �� .. L � o � � L 0 . � � M n ? Q. u � 50- � � 100 - D � 150 - v z � 200 - Z � ? 250 - u 300 - 350 - 400 - 450- soo - 550 - 60Q - 650 - 700 - 750 - $00 - 850 - 900 - �� N O �� CD � � h Q � G O Q. -�' (D � O tD � � '-r N �. � O � Sy Q. �'2, 6 � O �_* O Q � N . O � ro � � � Frequency � O O Council File # �_ � '.�� Ordinance # Green Sheet # ORDINANCE CITY OF SAtNT PAUL, MINNESOTA Presented By Referred To COmmittee: Date An ordinance amending Section 60.201 of the Saint Paul Legislative Code definition of adult bookstores, requiring discontinuance of nonconforming adult bookstores within (3) years of the effective date of this ordinance; and pr that the Planning Commission may grant reasonable tei of the amortization period. THE COUNCIL OF THE CITY OF SAINT PAUL DOES Section 1 That the definition of an adult section 60.201 of the Saint Paul Le� amended as follows: „ Adult bookstore. �i�;�:� �x of a bui sale of �;' tore as contained in ve Code, is hereby �:�5�;�:?::i4i��iiti��:;'� � building or or't`he`�barter, rental or items consistinq of :t1�}? �;�,:�:: prinLea maccer, p sliaes, recoras, auaio Lape, videotape,; e� motion icture film� �` �3� T��sn�� c3r-.�r�:�t3ae� .:._.<.-. . , � �...A.�a-......r L .-..1 .1:.J:. . :.� . ::':i F: :-I':.1.'i�' �J:.LL 3'�L�. .-,F �4rrAt : ':ci�` '�ee�rd�;�zg � f _ - _ �� _ - ----�- - such items are dis nguished or characterized by an emphasis on the depiction description of " specified sexual activities " or " specified anatomical areas." ` ��^ignificant portion of items " shall mean more than fift, en (15) percent of usable floor area �ar':riis��e scene Section 2 Nonco ormin Adult Bookstores. Any adult bookstore use which is wful as of the date of the adoption of this ordinance but whic becomes an unlawful use under the terms of this ordinan sha11 be deemed a NON-CONFORMING USE and may not in any manner e enlarged, extended, altered or rebuilt except that such uses y be changed to a conforming use. Discontinue Nonconformin�Uses. Adult bookstores that are deemed nonconforming uses pursuant to the terms of this ordinance will be permitted to continue for a period not to exceed three (3) years from September 20, 1995, unless sooner terminated� �r discontinued or changed to a conforming use. Reasonable Extension May Be Granted By Planning Commission. The owner of any property on which a nonconforming adult ' bookstore is located may apply to the Planning Commission for reasonable extension of the termination date. Any such application must be in writing and be received by the Commis ion no later than June 30, 1998. Failure to submit a timely extension application shall constitute a waiver of the ri t to request an extension. An extension may be granted upon - e Commission's determination that the applicant has demo "trated that the amortization period is an unreasonable burde upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant� shall have the burden of proof to demonstrate hardship with t established termination date and also the time required for extension. In making its decision, the Commission may conside any factor relevant to the issue, including, but not limi ed to: a) The degree or magnitude of threat o the public health, safety and general welfare posed y the secondary impacts of the operation. b) c) d) e) Whether the applicant's nonconforming use was ex expiration of the amorti Whether the value of be geriod of the amorti� the property interest amortizaCion period. The ease by which conforming use. , The cost of p ty interest in the ished before the ion period. free of competition for the period equaled the value of ninq at the end of the property could be converted to a ating the adult bookstore. f) Reasonable�ailability of alternative locations as designated y the Zoning Code as being practically and legally av ilable for adult uses. i a 3 4 5 6 Section 3 �� - }(�� This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. � , , Requested by Department of: i Adopted by Council:j Date Adogtion Certified�by Council Secretary / By: / Approved by JIIayor: Date By: By Form Approved by City Attorney ay: Appro ed y May r for Submission to C011RCl By: Council File # Ordinance # � �Q6� Green Sheet # � L �� ORDINANCE f 3 � SAINT PAUL, MINNESOTA � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Presented By Referred To An ordinance amending Chapter 60 of the Saint Paul Legislative The Council of the City of Saint Paul does ordain: Section 1 That section 60201 A of the Saint Paul Legislative Code be Sec. 60.201. A. Date pertaining to Zoning. hereby amended to read as follows: Adult bookstore. A building or �r�rt ge�ie� of a b" ding used for the barter, rental ar sale of a �gnifca�i€ pc�rGirzn _Qf items consisting of �l� ii�si?��sicr� ,.�e�i�es; or �Z�r�pl�erri�i� vah?�h.ax�, d�sig�d f€�r ttse ari.�aiiue��<w�� "�eci�€�d s�ua� �Cfi�vities':,. o printed matter, pictures, slides, records, audio tape, videotape e� motion picture film p�..�I1 I��rn �r at��r �'Qii�s ts� r�s�dx`iig if ��'-�� sueh items are distinguished r ehazacterized by an emphasis on the depiction or description of "specified sexual activities" ar"�ecified anatomical azeas." "�s#�a�e� "�ignificant portion of items," €e��ese .. . , shali mean more than fifreen (15) percent of usable floor area ur i��r� t�aa ��ee_ huizd��1(34Q} sqizaz�� ev� �?f ��r ai� tis�si fc�z:�t� di�pla� �c� barEer; ret�t�I �� s. bf:�i�c� i s. No obscene work shall be allowed. Section 2 This ordinance shall take effect and b'e in force thiriy days from and after its passage, approval and publication. J Requested by Department of: Plann' & Economic Develo ment By: Form Apprc�ved by City Attorney Adoption Certif}�ed by Council Secretary Sy: Approved byfMayor: Date By: By: By: Mayor ��or Subraission to Adopted by counci}.': Date DEPARTMbN'P OF PLANNING / & ECONOMIC DEVELOPMENT � S �+ ! � ADULT BOOK5TORE ZONING AMENDMENT �.�ly ��' SA�r pf1� Divrsiox of Planrsing Norm Co7eman, Mayor 15 Wesr FourtS Street Te7ephone 611-266-6565 Sain[ Pau1, MN 55102 Facstintle 612-228-33I4 ll �5- i��.'� INTRODUCTION Following a series of public hearings and a study prepared by the Planning Division the Zoning Code was amended in 1988 for the purpose of addressing problems relating to "adult uses", including stores that sold or rented videos, books and similar materials. Adult uses were restricted in their locations to B-3, B-4, B-5, I-1 and I-2 zoning districts. The defurition of an adult bookstore that was enacted was based on ordinances in other cities in which there were court decisions upholding the enforceability of those ordinances. An adult bookstore was defined as: Adult bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age, or if a suhstantiai or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomicai areas." No obscene work shall be allowed. In 1992 the City received complaints about the operation of two book and video stores which were believed to constitute adult bookstores as defined in the Zoning Code. Both stores were run by the same owner. One store was located in a zoning district in which such use was not permitted, and the second was located in the B-3 district but did not meet the special conditions applicable to an adult bookswre. The owner of these stores attempted to obtain an injunction to prohibit the City from enforcing the Zoning Code provisions, alleging that the ordinance was unconstitutional. His request for an injunction was denied by the Federal District Court. The City commenced a lawsuit in Ramsey County District Court for the purpose of preventing the continued operation of the adult bookstores in these locations. The bookstores' owner objection to the City's ordinance was partially based on the foliowing arguments: q5 � � o�o 1. The definirion was constitutionally over-broad because an adult bookstare included any place that restricted access to adults onty, and 2. No operator of a bookstore could l�ow in advance how much adult-type material for sale or rent would constiiute "a substantial or significant portion". The City CouncIl, at the recommendation of the City Attomey, requested that a study ba conducted to determine in what manner the definition of an adult bookstore could be made more easily understood and avoid the type of objections the bookstore owner raised in the Ciry's lawsuit. Pending the completion of the study the Council enacted a temporary ordinance definirion which dropped the phrase on "excluding any minor by reason of age" and clarified what amount of adult-type materials would be considered "substantial or significant": "Substantial or significant portion of items," for purposes of this interim ordinance [C.F. No. 93-279], shall mean more than fifteen (IS) percent of usable floor azea. No obscene work shal] be allowed. The interim ordinance has been extended to November 2, 1995. No further extensions are permitted by State legislation. The purpose of this report is to provide information to the Planning Commission and the City Council to assist tfiem in determining a definition of "adult bookstore" that clearly indicates to video and bookstore owners and City administrators how much adult-type material for sale or rent constitutes "a substantial or significant portion", consequenfly subjecting the stores to regulation as adult bookstores. This report does not deal with the authority to regulate adult uses or the need to regulate adult uses because of ffie tfieir deleterious effects on properry values and crime. Studies giving the authority to regulate adult uses and the need to regulate them were completed by the City in 1987 and 1988. Other cities also have studied these issues. The studies are listed in Appendix A. 2 �5-�� ADULT VIDEO, BOOK, ANI) NOVELTY STORE SURVEY SURVEY In February 1445, siaff of the office of License, Inspections and Environmental Protection surveyed all video stores listed in the yellow pages of the telephone d'uectory and book and novelry stores that were known to have adult material from previous surveys. The following tables are based on that survey. A tabulation of the survey data for each of the stores is shown in AppendiY B. Map i shows the loca6on of the stores. Table 1 below shows that 24 (73%) of ihe 33 video stores and all of the 8 book or novelry stores rented or sold adult material. Table 1 VIDEO, BOOK, AND NOVELTY STORES SURVEY February 1995 Type of Store Number Stores without Stores with of stores adult material adult material Number % Number % Video 33 9 27 24 73 Book or Novelty 8 0 0 8 1QQ Total 41 9 22 32 78 3 �5 -10�� VIDEO STORES WITH ADULT MATERIAL Tabte 2 shows that 4(17%) of the 24 video stores with adult material are adult bookstores as defined by the existing interim definirion of adult bookstore. This definition employs percent of "useable floor area" as the basis for determining adult bookstore. Five (21 %) stores would be adult bookstores if the percent of "useable floor azea" were changed to percent of "sales space". Table 2 VIDEO STORES WITH ADULT MATERTAL Febr�ary 1995 Zoning Total Stores with Stores with Stores with Stores with District Number 15% or less over 15% 15% or less over 15% sales usable floor usable floor sales snace space area in area in adult area in adutt area in adult adult material material materiai material Number % Number % Number % Number % B-2 12 10 83 2 13 10 83 2 17 B-3 11 9 82 2 18 8 73 3 27 I-1 1 1 I00 0 0 1 1d0 0 0 All 24 20 83 4 17 19 79 5 21 Zones 0 ��-�a�o BOOK AND NOVELTY STORES WITH ADULT MATERIAL Table 3 shows that 6(75 %) of the 8 book and noveity stores are adult bookstores as defined hy the interim adult bookstore defuution and that the same 6 stores would continue to be classified as adult bookstores if percent of "sales space" is used in the definition. Table 3 BOOK AND NOVELTY STORES WTTH ADULT MATERIALS February 1995 Zoning Total Stores with Stores with Stores with Stores with District Number 15% or less over 15% 15% or less over 15� sales usable floor usable floor sales space soace area in area in adult area in adult area in adult adult material material material material Number % Number % Number % Nwnber % B-2 2 1 50 1 50 1 50 1 50 B-3 3 0 0 3 100 0 0 3 1Q0 B-4 3 1 33 2 67 1 33 2 67 All 8 2 25 6 75 2 25 6 75 Zones AREA OF SPACE WITH ADULT MATERIAL Table 4 on the next page lists stores with adult material in order from least amount of floor space used to display adult material to most amount of floor space used to display adult material. Stores with 0 floor space used for aduit materiai are those where customers choose videos from a book and employees deliver the videos to the customer at the counter. Stores listed as having "ALL" the floor space used for adult use are those where aduit material is displayed throughout the store. The median size of adult floor space is 168 square feet. 5 � � �� Table 4 AREA OF SPACE W1TH ADULT MATERIAI. VIDEO, BOOg, AND NOVELTY STORES February 1995 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 14. 20. 21. 22. 23. 2�. 25. 26. 27. 28. 29. 30. 31. 32. Name Movie Shelf Oriental Video Video Vision Video Vision Video Center Royai Video Twin Cities Music & Video Movie Station Saint Paul Campus Grocery & Video World Video Video City East & West Video Phalen Video Home Video (Stillwater) Denmark Tide Wave Adventures in Video Fast Forward Video Update (Payne) Home Video (Snelling) Video Update (White Beat) Shinders 99 Cent Movie Club PC Video I.ease Exstacy & More Music & More (West 7th Street) Video Lease Video Lease II Mnsic & More (Wabasha) Fantasy House R & R Books Sensuel Lingerie Area of Space with Adu1t Material (square feet) 0 0 0 0 26 31 37 37 59 60 63 66 97 120 154 163 166 170 176 I84 217 252 368 399 400 575 648 726 895 AT T • AT"T. ALL G� ��- ��o ZONING DEFINTTIONS (?F OTHER JURISDICTIONS In 7anuary 1995, the fum of Dahigren, Shardlow, and Uban completed reseazch for the City of zoning regulations of other jurisdictions that contain percentage standards for their definitions of adult uses. The research is shown in Appendix C. For the jurisdictions surveyed, the median percent of floor area used to define adult uses is 10%. The median percent of adult stock items displayed is 30%. And the median percent of gross receints from sales of adult materiai is 20 percent. In February, 1995, the City of Rochester, Minnesota, amended their zoning code's defuution of adult bookstore so that "substantial and significant portion of such items" of adult materials are 25 % of the inventory, stock in trade, of pubiicly displayed merchandise or 25 % of the sales area. At the time of adoption of the amendment, the Ciry of Rochester was in much the sazne situation as Saint Paul: an enforcement action taken against an adult bookstare was in court and there was a need to clarify what amount of adult material constituted an adult bookstore. The Rochester amendment, the planning staff report, and city attorney's background report are shown in Appendix D. RECOn�EENUATION BASE FOR DETERMINING "SIGNIFICANT PORTION" Here are the altemative bases that could be used to define adult bookstores. 1. Floor area used for aduit use, such as a threshold percent of usable floor area, sales floor area, or gross floor area; or a threshold amount of sales floor area. A percentage of floor area is appropriate to define an adult use because at some threshold proportion of adult use the store takes on the character of an adult store. Using floor area is easy to administer since measurement with a tape is relatively straight forward. A potential problem with percent of floor area is that an owner could claun that storage floor area or basement floor area is non-adult sales area. (Definitions of floor area usually have exceptions such as unused basements.) This would enlarge the store's total floor area and reduce the percentage of adult use floor area so that the store would not qualify as an adult bookstore or enable the adult use floor area to be enlarged. 2. Percent of individual items displayed for sale. This also can be a reasonable measure of proportion. This could be difficult to administrate if there are many items that have to be counted. 3. Percent of gross sales. Accurate sales data distinguishing aduit from non-adult items could be di�cult to obtain. q�-ioc� Staff recommends that percent of useabie floor azea and amount of sales floor area be used to determine what bookstores are adutt bookstore. Proportion and amount of floor area are reasonable ways to indicate what is a"significant portion" of a business; they can also be easily and accurately measured. SIZE Staff recommends that the interim adult bookstore definition using more than 15% of useable floor area as ttie size where adult use begins be retained in the permanent definition. The City has gained experience during the last two years from using "more than IS% of useable floor area" to determine adult bookstores. Using flris percentage of floor area is also comparable to how other jurisdictions define adult uses. In other jurisdictions cited by the City's consultants, the median percent of floor area used for adult material in their de8nitions is 10%. Since many of these jurisdictions use gross floor area, in contrast to the City's useable floor area, the proposed 15 % is closer to these jurisdiction's definitions than it may appeaz. Using "more t6an 15% of useable floor area" as a threshold where adult use begins, ten of the video, book, and novelty stores were adult bookstores. Four of the stores wete videos stores and six were bookstores or novelry stores. The ten stores that were adult bookstores aze (the � is shown in parenthesis): Saint Paul Campus Grocery & Video (20%); Exstacy & More (20%); PC Video Lease (26%); Music & More on 7th Street (24%); Video L.ease(40%); Video Lease II(37%}; Music & More on Wabasha (49%); Fantasy House (100%}; R& R Books (100%); and Sensuel Lingerie (100%). Staff aIso recommends that stores with more than 300 squaze feet of floor azea used for the display and rental or sales of adult material be added as another threshold in determ�n4ng an adult bookstore. Within a lazge store, 14 � of the useable floor area would be a big enough area for a major adult bookstore, and it would not be subject to the zoning restrictions placed on other aduit boakstores. Therefore, the defuritions sets an absolute size threshold, as well as a percentage, with 300 square feet as the absolnte size threshold. Tfie thresfiold of 300 square feet of floor area wili aiso deter store owners from claiming that storage or basement floor area is non-adult sales space, enabling them to have a large amount of floor area for adult material. Using "more than 300 feet of floor azea" as a threshold where adult use begius, one more video store in the survey (the 99 Cent Movie Ciub with 368 square feet of adult sales area) would be included as an adult bookstore. Using these two thresholds, 34%, or 11, of tlie video, book, and noveity stores wiffi adult material wouid be ciassified as adult bookstores. PROPOSED DEFINITI�N Staff believes that defming "si�cant portion of items" as more thau 15 % of usable floor area or more than 300 square feet of floor area used for the display and barter, rental of sales of adutt items will make cleaz to store owners and City administrators what amount of adult 0 ��- �� materiai constitutes an adult bookstore and wiil simplify the process of enforcement. The proposed paraphernalia, bookstore. definition also adds the floor area used to sell adult instruments, devices, or CD Roms or other forms of recording as part of the adult space of an adult Here is the proposed defurition of aduit bookstore: Adult bookstore. A building or ��erEiea of a buiiding used for the barter, rental or sale of � S[g�C�t�t:pp�it�� #� items consisting of (��-lk#��ts,'i�e�tC�a �31� �tdp�e�'tt�l� ivti�pl� '�� s��. :�r u�e i� eiinn��iu �u�. "s�ae.�r�"� :�e�i�l aett�t�s", csr .(�j printed matter, pictures, slides, records, audio tape, videotape, eF motion picture film �X.��:Rai��. s�x e��ier far�s �� cec�riiing if such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." "Sxk�s�a�i�l-e� ".�ignificant portion of items," €e�eses .. . , shall mean more than fifteen (15) percent of usable floor area nt €�Y� .� t�� tit3ttr� {3(�f3� �q�ai'e. �e� t�f �t�� z� �s�ti.ft�x 1�e d�SpI�y 3z�t 3sarter� rehtal esf sates txf �eh i�ec�ns. No obscene work shali be allowed. 0 C � � O � O O x � z 0 � r � � � y O � � N � U � "C � 10 ��- i�� .. ,►,_, STUDIES OF ADULT USES STUDY/DATE 1. ADAMS COUNTY, CO. 2. AMARILLO, TX. 3. AUSTIN , TX. 4. INDIANAPOLIS, IN. 5. LOS ANGELES, CA. 6. NEW YORK, NY. 7. OKLAHOMA CITY, OK. 8. PHOENIX, AR. 9. ROCHESTER, MN. ADAMSCOUNTY NUDE ENTERTAINMENT STUDY, 198? A REPORT ON ZdNING AND OTHER METHODS OF REGULATING ADULT ENTERTAINMENT IN AMARILLO, 1977 REPORT ON ADULT ORIENTED BUSINESSES IN AUSTIN, 1986 ADULT ENTERTAINMENT BUSINESSES IN INDIANAPOLIS, 1984 �TUDY OF THE CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMBNTS IN THE CITY OF LOS ANGELE$, 1977 REPORT ON THE SECONDARY EFFECT5 OF THE CONCENTRATION OF ADULT USE ESTABLISHMENTS IN THE TIMES SQUARE AREA, 1994 ADULT ENTERTAINMENT BUSINESSES IN OKLAHOMA CITY A SURVEY OF REAL ESTATE APPRAISERS, 1986 RELATION OF CRIMINAL ACTIVITY AI3D ADULT BUSINESSES, 1979 /•�llU�l��ll�?�:7LlT��►l`I�� 11 ��-I��D 10. SAINT PAUL, MN. 11. SAINT PAUL, MN. 12. STATE OF MINNESOTA PERSPECTIVES,1988 ADULT ENTERTAINMENT, 1987 ADULT ENTERTAINMENT, SUPPLEMENT, 1988 REPORT OF TfiE ATTORNEY GENERAL.'S WORKING GROUP ON REGULATION OF SEXUALLY ORIENTATED BUSINESSES, 1984 12 w � Q z a a. ¢ .}'� W a 5 � w (1i � � �" E'" a w ` ✓ � z p z Q x 0 0 cc O Q 7 h � c� L ro � � [i �?� � ��a �I �� ay < _° s b` °� d` s s Q w (L � � � N O K vl ¢q0 ti �. w .. � _ .. � ��U�Q � � y a� a � � l w y N.�¢` O N � O p M � O� t^ O ti � M v� O y M s( N E-`�' 4 � q�� c ? � �,� � e v�i a � m Q W O' O' � y p O' �' � VI O a �O W � vl �O V P p� = w 4 0� o � a h ao N (n !ry Q N F a 6 :. �r. ,� c �: c�s (y [G � W P Q' Q . P p' Q' P � O � Q b v b p � �y � Q �O � f U � � a] � v `a'i " v v v u a''. °> z r � r r a� r r �>o U O y z Z? 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"° w o �.'�i oa w K� � C q V ' O u W O N g O p � �(� tn A r� 'T ''� S L tll � '-) � 'a `'fl' a a ^ a �° a � 7-� a z�" O .. .. _ a `� oc - n n � c� � � o m N > - y: o O ��.t O e o e eq e e o 34 a 3 ° 3q C y C o j y-�3 � t.r N rr N �.. VI W W W A � � U O v b D Vl lA A J G.� P P �1 A P b �O � 08 A >r� � � .n � a � � .�' o ,n j n �rj ^ _ .� � ^ .. �- .'o _ o �" O � p � � v H � N N N ' N O O aa � a% az e a e e o e g ° y y r� 9 y � 15 ._-. a �.... y v�� i�. .�a..� LJ1• l.l.. 1 APPENDIX C �5- I�t�O 1: V N JULTIN U Y].ANNHBS LnNDSCAPE pRCxtTECT6 3au PIRBT AVENUE 2tORTH 6UITE 210 MINNEAPOLIS, �2N 55401 612•339•3300 PHOXE 61I-337•SbOi FAX FAX MEMORAlY.UUM ]7ATE: January 2Q 1995 TO: Larry 5aderhoim, S� Paull�ep� of P2scuting & Bconomic Development FROl�i: Phil CarLson, DahlRren, Shardtow, andUban, Inc. R&; Summaty af Adutt Usa Ordinance Research PAGES: 8 pages, including cover 'tX''e have completed tke research yau requested 2ast week regarding aduit use regutations ihat contain a peccentage standard in the ordinance language. This research is summarized very simply in the tabie on the ne}ct page and in more detail on the following pages with specifia Iang�age cited from the ordinances we suzveye3. The zeseazch was �leaned from vaziaus saurces, inclnding publicaflons in our ]ibrary,'ordinances an file in our h'brary, the Planners Advisory Service of AP� and calls to vazious com?++�ries around theMetropolitan Area. Alt commvnifies are in Zvriunesota uniess otherwise indicated. 7 have alsn xttacheci a iist offha m�dies related to adult uses which we have collected. We have a copy of eack af these studies in aur office. Let me irnow if we can �ssist in any ather way. 26 UL�GU%21J 1L:JU '(�O1L JJl aVVl Yal. i.��.. Larry Soderholm, SL PAUI Y�D 1tZ0t95 ADULT USE REGULATIONS/SELECTED ORDIl�TANCES Mti�TMUbi THRE5�OL11S TO BE CONSIBERED AN ADULT USE Qrdinonce Standard Gross �cation FlaorArea Siockltems Receints Benton County Bioomington Delano Duluth East Bethel Edina Fridley Jordan I.alceville Manatee County, FZ Monficello New Brighton New Hope Patm Beach County, FL Renq I�IV Robbinsdale St. I.ouis Park Wayzata Wyoming, MN 15% 5% 10% 1Q% 10% "10% 10% *�*7% 1Q% 5% 35% 30% 20°l0 10% 40% 10°Jo 40% 20°l0 25% 20% 24°0 **1�°la 20°/a 40% 4d% 20 * Or 100 sq, $., wtrichever is smaller ** Or at least �30,004 cagital investmeat *** Or 200 sq. ft., whichever is smaller Dahlgren, Shardiow, and Uban, Inc., Jan�ary, 1994 7 �UUL-VV. ��- ��i�� 17 Larry Soderhatm, 5L Paul PED �/2QI95 �5- (�o ORDINANCE RESF.ARCH • • f� i x 3 Defines an adult bookscore as "a building or portion of a building used for the buter, rentai or saie of itenns consisting uf pruuc:d uwttcr, pictures, stides, record, audiotape, videotape, or motion picture film if a substantial or sigivfrcant portion of such items are distinguished or cl�aracterized by an emphasis on the depiction or descciptian of"specafied sexual activities" or "speafied atiStomical areas" or tbe bartec, rental, or sale of in�tn;ments, dev�ces, or parapheraalia tkat sre des�gned for use in conae�tion with specifie� sex�si acrivities. "Substantial or significam poraon" of items for purpose if this ordinanoq shatl mean ma c RiFm 25 perc�t oi useable flooc area" Th'ss orflinance also mentions a number of studies that were reviewe3. CITY' OF S7AUMIriGTON.1bIINNESUTA Defines aa Adult Baokstore as "an eskablishment that has 35 percent or greater of its stock-u,- uade books, magazines, and other periodical wtuch arz distingwshed or characterized by their emphasis on matters depicting, desen"bing or relating to Specified Sexuai Activities nr 5pecified Anatomical Areas as defined." G'�.TY OF DELANO. lt�"NESOTA Defines thai an Accessory AduIf Use shal3 comprise no more than 5 percent af the flnnr azea nf We establishmeat in which it is located and camprise no more than 10 percent of the gross rcxcipts af the cattire business opara#ion. Anytkit�g abovc tt:ese pa�entages shall Ue dee�i�i a Principal Aduh Use and be reg�ilated thusly. rrr � ► i ��re ��tt.t.�xY�T[� De£nes an Adult Bookstorc that "has �FO percem ar moro of its grou salcs in books, pamphlets, magazines ar ather pictorial or printe3 material which are distinguished or character'rced by a principa! emphasis on rnxdity, sado-masochistia abuse, sexual conduct, or sean2al exatemeut and/�r has 34 percent or more of books pamphtets, magazines or other gictorial or printed materiat displayed for sale on the premises distinguished or ckaracterized by a principa� emphasis oa nudity, sado-masoehistic abuse, srarual conduct, or ac�suat cascitemern.> c •rry or r:a5°r s�3�rEL,1►�iNESUTA Defines that an Acaessory A.dult Use shall comprise no more than 10 percern o�the floor uea of the establishmem in which it is lacated sad comprise na more than 20 percent of ttre gross receipts of the entire businass operation. Anything above these percezrtages shall be deemed a Principa] Adut[ Use and be reg�lated thusiy. EI3 TJarry Soderholm, St Panl PED 1/2U/95 CITY OF EDINA. MINNESUTA 4 q5— ��c� In regard to anassage parlors: "The ennual goss revenue of the business &om perfornung massage services iy IcaS tLan 25 pernenc �f the zotxl a�ual �rross revenue of the business as shown by financial statemems as speeified by the ordinance." crrv oF �mT,FV. �rrxn-k:so�ra Regarding saunas aad massagt palvi�. Establi�hes tlut no mure than 2� percent afthe establishment revenue is derived from massage or sauna snd that sauna and massaga facilities shall not occupy moro than 10 percern of the establishmem. If such percentages are eueeeded, then the use is required to obtain a license, with fiuther adult use re.ctrictinn� ptaced upnn it. r�rsr or aortnax, rmvrt�soTa De£tnes an Aduh Book Media, or Merchandise Store as "an establishmeat ha�ing at least 20 perceat of its stock in trade ar s2c�dc nn dicplay includ'mg hiit. nnt limited to bc�aks, magazines, films videotape or other media or merchandise which are characterized by snatter depicting, describing, or relafuig tu sper.iCial scxual xcGvitir� or �peiafied anazomical areas " I,AKEYII.I�. MIIVNESOT,A Regarding Massage Parlors: Adult use ordinance does not apply to establishments that can demonstrate thaL no more than 20 perocnt of the cstablishment revernie is derived from massage. MA�TATEE COUNTY'. FTAT�tDA Defines an Aduk Use as 10 petcent oF the total gross fla,r azea of the business devoted to the sate or display of aduit mattrials. CTTY OF M�NTICEI.LO A�IINNESOTA Defines that an Accessory Adu1t Use sha11 comprise no more than 10 percetd of the floor area of the cstablishmcat in which it is located and comprise no greater than 100 squaze feet of floor area in which it is located, whichever is smaller. Aaything above these percentages shall be deemed a Pnncigai Adutt Use and be regulated thus3y. 19 Larry Soderholm, St Paul YEA 1l2Ql95 �5 idt�� C1TY OF NEW 'BRI�HTON, biINNESOTA Regarding saunas and massage parlors: 5 Establishes that no more than 15 parcent o£the establishment revenue is derived from massage cr sauna and that the primary use has a capitat urvestment in fumiture, fixtures and equipmeni of at teast �30,000. If sach perceatages are exceeded, then the use is required to obtain a license, with further adult use restrickions placed upon it. CITY OF NEW HOPE,II�I+INESOTA Defines that an Accessory Adeilt Usa shall comprisa no more than 10 percanz of the floor area of ttie establistsment in which it is tocated and camprise no more than 20 percem of the gross receipfs of fhe e�rtire business operation. Anything abor e these percentages sfiall be deemed a principal A�ult Use and be regulated thusly. CITY OF OKLAHOiVIA GTI1'. QKLAHO:�IA Court struck down its adult use ordinance wluch defined an Adult Booksiore as and "E�tablishment having a significant portion of its stock in uade books, films, magaanes or other periodieais which are distinguished ar characterized by any emphasis in degicting or deserc'bing sexual conduct ar specific a.natomicai areas" due to the fact that it did not define the term "significant portion". The court did suie that the ordinanee was constiiuiiona! an its face, and if the term "significant portion" had been de5ned by a percentage of gross sales or display space, the ordinance woutd have been upheld. The cunrt stated that, as applied, a groprietor has no idea how much stoek he would be able to retain withaut violaring the ardinance. PALM BEAC� COUNTY. FLORIDA Defines an adult bookstore as aa estsblishmem that affers for sale or rents adult material for commercial gain unieas... ihe gross income from ihe sale or rentat of adult material comprises less than 40 percent of the gross utcome from the sale or rentai of goods and services at the establishsneat, or the individuat items of aduit msterisl offered for sale or remal comprise less than 10 percem afthe individual items, as stock in trade, pnbliciy displayed in the establishwent and which is not accessible to mitwrs at the establishmem. CTTX UF RENO. NEVADA Defines an Aduit Use bookstore or video store as having on display more than 7 percent of the reta� floor space devoted to adult uses or if such displays exceed 20U square £eet. � •�::� �� n � Defu►es Adut# Only T�oakstore as "having 40 percent of more of its dollar volume in trade, books, magazines and other periodicats which ase distingUished or criaracterized by their prin«pal emphasis on matters depieting, describing or relating to �dity, sexual conduct, sexoa] ca�citemem or sadomasochistic aisuse, as defiaed, for sale to patrons therein. F� Lerry Soderhdm, S� Paai PEA 1l20/95 ST T,pj7I.S pARK, MINNESOTA "I�" �'l��Q Definas an Adult Book and Media Store as: "an establishment having as a substanaa! partion of its ytock in ua.cie or stock on display 40 percent books, magazines, ffims, videotape or other media whi�h are characterized by their emphasis on matter depicting describing or relazing to specifie3 sexual activities or specified anazomical areas." CITY OB LVAYZATA, MINNESOTA Defines that an Accessory Adult Use shall comprise no more than 14 percent of the floor area of the establisiuneat in wBich it is located and comprise no n;ore than 20 percent of the gzoss re.c.e.ipts nf the �nfire business operntion. ?,nything above these perceatages shsll be deemed a Principal Aduit Use and be regutated thusty. C[TY OF WXONIIPiG. MI,�YNESbTA Defines an Aduh Bnokct�re ac "any ectxhlishme.rit which devntes more than 5 pe.rct�nY qf its gross floor area to any one of a combination of the foIlowing: The sale of hooks, magazines, newspapers, fiIl� slides, video tapc�, aueliu tapra, irwicis, piclure�, ur uLhermateriaL�s wLich portrays sexual activities which aze erotic, or which are, by their nature, designed or intended to azouse eroric sensations, which sale is by vending machines or other means." CUOBSU9AY51.hEM 21 q5 - lOb(3 n�uLr vsE sTUn�s November 18,1994 1. Diinne�polis (Minnesota} Ciiy Pianaing Departm+ent 12epart 2oning Code Tcxt Amendmcn; Aaalysis Augast 29, 1990 2_ City af Falcoa }Tei�hts (Mianesota) Report Related to Adult Uses Febnuuy 28, 1994 3. New Haaover Coanty (1�Tortk Cgroliva) Planning Department Itegulatian of Adult Eatertainmeat Establishments in New Hanover County July, 1989 4. 14fanatee Counfy, Florida County Ylazming and Devetopment Department Adult Entertainment &isiness Study 7utte, 1981 5. Stata of Miaacaota Report of ihe Atiorney Cmaerai's Worldng Group on the Regu2ation of Sexualiy-Oziented Eusinesses 7nae 6, i989 6. City of Brooklyn Park (1Kinnesota} Staff'Reports(Study un Adutt Use �ntertainmeat - rebruary 24, 1992 7. I}epartment of Justice Canada The Impact of Pomography: A Dcca3e of Litcraturc 1984 S. Cityof7..akeviite{Minnesota} Zoning prdinance Revision Adult Uses - Part One 7uty 6, 19�Y3 9. Citf Of I.9kEYI'11C (M�u11IGSOf1� �ornng prdinance Revisiaa Adult Uses - Pazt Two Januaty 13, I994 10. Rochesterlikmsted Co�nty (M'innesota) Consolidated Planniag Department xnd Office of the Rochrster City Attarney Adult Entertainmecrt Yerspectives 1988 22 �15-I��d 11. Division of Plaaning, Depa�tmeat ot Pianniug and Ecvuviuic Drvciupmrni� City of St Paul (Miunesota) Adult Entertainment - A 40-Acre Study 1987 12. I3ivision pf Planning, ]7epaitisseut of Plsw�ing aud Ecuuumic Development� Clty of St. Paal {Minaesota) Aduit Entertaintnent - 5upplement to the 1987 Zoning Study U'. Citp of Pboeniz (Ari¢ona) Relation of Criminal Activity and Adult Busii�esscs MaV, 1974 14. xndianapotis {Indiana) Adult Bntertainmem Businesses 'sn Indianapalis 1984 I5. Adams County (Colorado) Adams County Nude Entertairunent Study, prepared by Lhe SherrifPa Department 1987 23 q5- I�(�0 ORDINANCE NO. AN ORDINANCE AMENDING AND REENACTING THE TERM "ADULT SOORSTORE" AS IT APPEARS TN SECTION 60.200 OF THE ROCHESTER CODE OF ORDINANCES, RELATI23G TO TAE DEFINITION OF ADUI,T BOOKSTORE. �HE COMMON COUNCII, OF THE CITY OF ROCHESTER DO ORIIAIN: DAY OF , 1995. Section 1. That partion of Section 60.200 of the Rochester Code of �rdinances, relating to the term "Adult Bookstose", is hereby amended �nd reenacted to read as follows: ADULT BOOKSTORE: A business engaging in the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audiotapes, videotapes or motion picture film, if such shop is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or i£ a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or '"specified anatomical areas". The phrase "substantial or significant portion of such items'� as used in the definition of an adult bookstore means at least twenty- five percent of the inventory, stock and trade, or publicly displayed merchandise, or at least twenty-five percent of the floor area of the business (not including storerooms, stock areas, bathrooms, basement or any portion of the business not open to the public). Section 2. This ordinance shall be effective, from and after its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERR APPROVED THIS DAY OF (Seal of the City of Rochester, Minnesota) «�,.��.�wozoo PRESIDENT OF SAID COMMON COUNCIL APPENDIX D , Z995. MAYOR OF SAID CITY 24 To: Rochester Planning and Zoning Cammission From: Ron Livir.gston, Planning Supervisor Re: Text Amendment 94-6 Date: lanuary 6, 1995 olicant: Initiated by the Rochester City Councfl O, 'Q �HLSSE t • M /hM1.tsO ` a'. � , � _ � � :�: : � o, a � ° ''rto..ucust•'� q�-,�� ROCHES7ER-OLMS7ED PLANNING �EPAATMENT 2122 CAMPUS DR SE ROCHESTER MN 55904-4744 AOMI.NI$TRATION! 507l285-8232 PLPNN;NG HOCSINGMRA SO�)PHS$Z24 BUILOING CO�E 5071285-82t3 WE! LSePTIC 507/285-83a5 Purpose of Request: To amend the text of the Land Development Manual to provide for a definition of the terms "subsrantial or significant" as these terms are used in the definition of an adult bookstore. ' _�� :� On December 1, 1944, the Rochester City Council initia[ed this amendment to allow intzrested parties to better understand the Ordinance's requirements and to simplify the process of enforcement. The current LDM definition is:"ADULT BOOKSTORE; A business engaging in the barter, rentaf, or sttle of items eonsisting offprinted matter, pictures, slides, reeords, audiotapes, rideotapes or motion picture�lm, if such shop is not open to the public generallv hut only to one or more classes of the pubtic, excluding any minor hv reason of age, or if a su6stantial or signi�cant portron ofsuch item are distinguished or chcrracteri=ed by an emphasis on the depiction or description of "specified sexual netivirizs " or "specifred anatomical areas °. As Fointed out in the Cit�� Attomey's memo, the difficulty wiih the above defini[ion is trying to determine, apply, and enfozce che terms "substantial" or significant". The Ordinance does not provide specific guidance in determining how much of the inventory of a bookstore can be adult oriented material. The amendment proposed w�outd provide for a c(earer definition of an adult bookstore by providing specific, measurable standards to use when applying the terms "substantial" or "significan�' to these stores. :\ :�UAL OP°C)RTUNITY i AFFiRMATNE ACTION £btPt04'Ea 25 � � - �Of�(� The amendment progosed wouId add 10 the definition portion of the LD;�i, a definition of the terms "substanuaI" or "significant": apen to fhe_pu�tticj'is de.�oteii tn itei distinguished or characterized b�• a� "specifiec� sexiiai actirit?c4".er "spe+ . �. � :::::;.:; =..; : .._ ::_. The amendment that is proposed w�ll provide for clarification by specifying how much inventory• or fIoor azea of a store can be adult tybe materials before a that store is considered to be an adult bookstore. Once a store crosses the one-third ihreshold ii falls wzthin the cate�ory of an adutt bookstore and thus becomes subject to the regulations agplied to adult esrablistunenu. Attached is a review of otfier city's ordinances that have been chalien�ed, and the results of those challenges_ PianninQ Staff Recommeadation• The Plannin; staff recommend approval of the amendment as proposed. �� - �� OFFICE OF THE CITY ATTORNEY . MEMORANDUM DATE: Becember 22, 1994 TO: Ron Livingston - Planning and Zoning i ^ FROM: Terry L. Adkins - Rochester City Attorney f� sUBJECT: Background Information on Downtown Book and Video Here is a summary of background inPormation about the Downtown Book and Video case which you niqht want to use in tha staff report: Several years ago, the Downtown Book and Video store sued the City of Rochester contending the City's adult entertainment zoning ordinance was unconstitutional. After numerous court hearings and legal briefs, the primary legal issue appears to be resolved. The Eighth Circuit Court of Appeals ruled that Rochester's zoning ordinance was constitutional and the U.S. Supreme Court let that ruling stand. The only remaining issue is how should the ordinance be en£orced against Downtown Book and Video. Will tha federal court in St. Paul issue an order requiring the bookstore to comply with the zoning ordinance or will the City initiate a new legal action in state caurt to gain compliance. The City asked the federal court to issue an order requirinq the bookstore to comply with our ordinance. The City argued that it was efficient to have one court resolve all issues in this dispute rather than to send the City to state court in a segarate 2eqa1 action. But the federal court was reluctant to grant the order. According to the judge, he did not want to issue an order prohibiting the Bookstore from maintaining its current percentages of adult material only to have the Bookstore change its composition slightly and then find the parties back before the court in yet another lawsuit. Znstead, the court wanted a final decision which would resolve this dispute once and for all. The problem is the way the adult entertainmant ordinance reads. St does not dePine an "adult bookstore" with any specificity as to its composition of adult material in terms of floor space or sales volume. Instead, it defines an "adult bookstore" as a business containing an inventory a"substantial or significant portion" of which is "distinguished or characterized by an emphasis" on sexual material. Thus, there is no "magic line" separating bookstores from adult bookstores, and that is what is troubling the judge in considering the City's request for an injunction against the Bookstore. 27 a�-�o�a The federal court took the City's motion for an injunction under advisement. We advised the court that the City is cansidering an amendment to the definition of an "adult bookstore" so as to simplify the enforcement process. If the City does amend the ordinance specifying a percentage of adult material which converts a bookstore into an adult bookstore, we wi21 share the amendment with the court and renew our request that the court order powntown Book and Video to comply with the ordinance as amended. If the court agrees to issue the order, this dispute should be concluded. LIIIHOOKS7R\UPDATE.LN � ��' �� SI3MMARY OF ORDINAI3CES DEFIZ3II3G "ADULT BOOKSTORE" 1. The City of St. Paui's interim ordinance regvlating adult bookstores uses the �j�ra�e "substantial or significant." The ordinance defines that ierm to mean YAO� than fifteen (15) percent of usable floor area." Cp�ment: This definition has not faced a constitutional challenge. The phrase "usabie floor area" is not defined in zhe ordinance. 2. - f he City of Bloomington defines an adult bookstore as "an establishment that �:s 40$ or greater of its current stock" in aduit material. �:bmment: The consti*.utionality af this d.efinition has not been litigated. 3. Ihe City of Monticello's adult use ordinance at one time repuirsd licenses for businesses where the adults-only portion comprised less than 10$ of the total fioor space. Comment: In Wolff c. City of Monticello, 803 F.Supp. 1568 (D. Minn. 1982}, the court concluded that there was insufficient evidence to support a finding that all businesses dealing in sexually-explicit materiai, regardless of the degree to which they deal in such matzrials, create adverse secondary effects. The court therefore held that the licensing ordinance was unconsitutional. Prince George's County, Maryland - its ordinance defined an adult bookstore as "any commercial establishment that has twenty-fice percent (25$) or more of its stock" in aduit materiais. Gomment: In 11126 Baltimore Boulevard v. Prince George's Countv, 886 F.2d 1�15 (4th Cir. 1989), the court upheid the constitutionality of the ordinance. There was, howecer, r.o chal:enge :o th= definition quoted above. City and County of Denver - their ordinance did not define the phrase "substantial or significant." However, the city applied it to all businesses that dealt in adult materisl that exceeded 10$ of the gross floor area. Comment: In Pensack v. Citv and CountV of Denver, 63U F.Supp. 177 (U• Colo., 1986), the court held that the ordinance was unconstitutional . E. Lewisville, Texas - its ordinance defined the phrase "substantial or significant" as "at least 20$ or more" of stock and trade constituting of sexually-related material. Comment: In:vSallov �• Citv of Lewzsville, 84fi S.W.2d 380 (Tex.Apg- 1993), the court upheld the definition based on an equal protection ' challenge. (The plaintiff was contending that there were other businesses that met the ordinance definition but were not regulated by the city. ) The issue of whether the definition violated the First Amendment was not raised by the piaintiffs. �,�xai�si RC110-13 29 q5- ia�o 7. Ann Arbor, Michigan - its ordinance defined an aduit establishment as one having as a"principai activity" the sale of adult material. "Principai activity" was defined as a use aceounting for more than 20$ of ihe business' stock in trade, display space, f2oor space or movie display tima per monLh. Commeat: Ia Christv v. Citv of Ann Arbor, 824 F.2d 489 {6th Cir. 1987), the court concluded that the 20$ Iimitation severaly restricted the First Amendment rights of the businesses. The court did not, however, declare the ordinanes unconstitutional, but insiead s2nt it back to the tower court for furiher determination. General comment: Many ordinances continue to use the phrase "substantial or sigaificant" or "primary" without further defining those terms. In most of the caurt decisions ehallenging the constitutionaliYy of adult use regu2ations, the definitions have gone uachallenged because the plaintiffs seknowiedge that their business is regulated by the ordinance. �axavsi RC110-13 :1!J q. s-toc city of saint paul plar�ing commissio� resolution fife number 95-56 �te July 14, 1995 ADULT BOORSTORE ZONING AMENDMENT WHEREAS, on March 9, 1993, the City Council adopted a resolution initiating a 40-acre study o£ the zoning regulations concerning adult bookstores; and } WHEREAS, the Planning Commission held a public hearing on the proposed adult bookstore zoning amendment at its June 9, 1995, meeting and discussed the amendment at its .7uly 14th meeting; and WHEREAS, the Planning Commission has determined: 1 2 3 4 That the number of real estate descriptions affected by the amendments renders the obtaining of written consent impractical; That a survey o£ an area in excess of 40 acres has been made; That a determination has been made that the proposed amendments to the Zoning Code are related to the overall needs of the community, to existing land use, and to plans for future land use; and That pursuant to State Statutes proper notice of the hearing was given in the Pioneer Press on May 1a and 25, and June 1, 1995. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends approvzl of the zoning code amendments in the "Adult Bookstore Zoning AmendmenC" study pertaining to the definition of adult bookstore and directs the Planning Administrator to forward the study and this resolution to the Mayor and City Council for their review and action. moved by Morton se�onded by Kr�r in favor 15 against 3 (Chavez, Faricy, Vaught) � ,: �5- io�� PLANNING COMMISSION OF SAINT PAUL City Hall Conference Center 15. West Kellogg Bou3evard Saint Paul, Nlinnesota 5�102 A meeting of the Planning Commission of the City of Saint Paul was he]d Friday, June 4, 1995, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Present: Coramissioners Absent: Schwichtenberg and Vaught. Mmes. $ader, Faricy, Geisser, Lund-Johnson, Maddox, Morton, Treichet and �Vencl and Messrs. Chavez, Field 7r., Kramer, Lez, Mardell, McDonell, tvlmes. Carter and Messrs. *Gordon, *Gurney, Mahoney and Riehle • �Excused Also Present: Jerry Se�al, Assistant City Attorney; Ken Ford, Planning Administrator, Jean Birkholz, Kady Dadlez, Donna Drummond, Nancy Frick, Roger Ryan, Larry Soderholm and Lucy Thompson of the Planning Staff. I. TI. Approval of Minutes of May 26, 1995 MOTION: Commissioner Geisser moved approval of the minutes of May 26; the motion was seconded by Commissioner Treichel and canied unanimously on a voice vote. Chair's Announcements Chair McDonell announced that the Metropolitan Council now is responsible for the transit system, and has held a series of public hearings on the fact that funding for transit operations over the next biennium has been cut $lOM by the state legislature; they aze also expecting a substaatial cut in fimding from the federal government. Mr. McDonell represented the Planning Commission at the public hearing, and testi5ed on its behalf. Comments wi11 be made in a letter from the Mayor, Testimotty at the public hearing reflected the issue of impact of route and scheduling changes on people who are transit dependent within the core area. Mr. McDonell noted that transit is an important element that makes this City work; it is part of the economic deve(opment framework of the Clty, and tive need to be sure that it isn't tom apart by so]utions to solve the money shortage. He said that he was distressed because there were only three of seventeen commissioners present to hear fifiy people voice their concems. He pointed out to the Commission the importance of bein� in attendance to hear all public testimony. III. Planning Administrator's Announcements Mr. Ford announced the follo�vin�: Significant accomplishments at the state legislature this year include the Metropolitan Liveable Communities Act which provides three funding sources: 1) the Tax Base Revitalization Account which will provide a si�nificant amount of funding for clean- up of poliuted lands; 2) the Liveable Communities Demonstration Account which is a `4�' �� arant program thai will fund projects that are intended to encourage more compact development, especialiy in integration of job opportunities and housino opportunities that are linked; and 3) the Local Housing Incentives Account in which the Metropolitan Council will be establishing affordable and tife-cycfe housing goals for al( communities negotiated with the communities, and are to be adopted by January of next year. The Amendments to the Metropolitan Land Planning Act originally adopted in the late 1970s are also si�nificant. A new amendment �viSl notiv require cities to have their comprehensive plan reviewed and completely updated including all the related implementin; ordinances, such as the zoning ordinance. These must be made consistent with the comprehensive plan by December 1998. In the future, comprehensive plans evilt 6e required to be updated every ten years. An appeal has been filed ai the Plannin� Commission's decision conceming the site plan for the Buelah Lane Parking Lot in Como Park, and the public hearing is scheduled for 3une 2S before the City Council. A green copy of a meeting announcement on the Community Development A�enda Proposai is 6efore each commissioner. The public meetin� will take place Monday evening, June 26, at 7:00, at the North End Communiry Center. Chair McDonelt announced that the Work Program Planning Group will meet again �xlednesday, June 14, at 4:00 p.m. IV. PUBLIC HEARI�iG: Adult Bookstore Zoning Amendment, amending the existing definition - (Roger Ryan) Mr. Ryan provided background for the public hearin�: In 1988 the Zonin� Code was amended to define adult bookstores as those which so]d or rented books, pictures or video tapes, if a substantial or significant portion of such material is distinguished by an emphasis on specified sexual activities or anatomicai areas. In 1993 the City Council adopted a temporary ordinance defining an adutt bookstore which clarified that "substantial or significant portion" of adult material would be over 15 percent of usable floor area of the store. This clarification was adopted because ia a lativsuit the City had be�un against a book and video store owner, the owner had raised an objection that no store owner could know in advance how much adult material wou(d constitute a substantial or significant portion. He continued by saying that the purpose of today's amendment is to define "adult bookstore" so as to clearly indicate to store o�vners and City enforcement o�cials how much adult materia( constitutes a"substantial or significant" portion, thus subjecting these store; to regulation as an adult bookstore. He explained that the amendment does not deal �vith the authority or the need to regulate adult uses because of their affects on property values or crime. Such studies were done by the City in 1987 and 1988. Other cities have also studies these issues. The temporary ordinance has been extended hvice, and wi11 run out in November 1995. In Februacy of 199� the staff of License, Inspection, and Environmenta] Protection surveyed a11 the video stores listed in the yellotiv pages of the telephone book, and all the book and novelty stores that were known to have adult material from previous surveys. Tn their report, it showed that 24 of the 33 video stores and a11 of the eight book or novelty q5- io�o stores, rented or soid adult material. Of the video stores that had adult material, four of the 24 would be considered adult bookstores as defined by the interim ordinance, and six of the eight book or novelty stores would be considered adult bookstores by the interim ordinance. He said the zonin� study looked at zoning regulations of other cities which used a percentage standard for defining aduit bookstores and gave median percentages for floor area, material displayed, and sales. He said this amendment recommends the definition use over I S percent of usable floor area and ovec 300 square foatage of floor area used for the display and barter, rental of sates of such items. He said that over 15 percent of usable floor area is recommended because the Ciry has gained experience usin� this over the last rivo years and this is comparable to the percentage other jurisdictions use. Three hundred square feet of floor area is recommended because �vithin a large store l4% of usable floor area would be a major store and these stores would not be subject to the restrictions as the average size store. This wilf atso he(p deter store owners from claiming basement space as non-adult space, thus evading the ordinance or allowin� much more adult matedal space. Chair McDoneli read the rule and procedures for public heazings. MarYin O. Weddington, 714 West Centra! Avenue, chair for Aurora-St. Anthony Block Club, addressed the Commission. He began by stating his opposition to aduit bookstores. He yielded some of his time to others �vho had signed up. 2. Rose Campian, 997 Palace Avenue, spoke of her opposition to an adult bookstore in her neighborhood. Commissioner Geisser asked her the name of the bookstore. She rep]ied tkat the name is Music and More. Rose McCormick, 182D Ivan �Vay, a student, spoke of the inappropriate posters hangin� in the windows of Music and More that all children couid view on their way to school; their schoo] is right acrass the street from this store. 4. Melissa Sch�vartz, 430 Arbor Street, a student, reiterated Rose McCormick's concerns. 5. Tearsa McCormick, IS20 Ivan Way, Rose McCormick's mother, said in 3992 she helped organize seven neighborhood churches to challenge the City to enforce zoning ]a�vs. She then asked the girls to leave the room and then used the TV monitor to show video jackets with graphic pomo�raphic photos that were seen through the window of the Music and More store on West 7th Street. She said tl�e adult use laws shotild protect those who do not want to be near adult materiais. Adult material should be kept at arms length and available to those who have thou�ht it out, but not forced upon people. Zoning allows freedom of speech to co-exist along side the fabric of families. Loopholes in zoning laws need to be tightened up so that adult bookstores cannot slip in. Chair McDonell clarified that the Planning Commission is not holding a pub]ic hearing on Music and More, but on redefinin� the adult bookstore code. Regina Nischai, 426 South Osceola Avenue, principat at St. FrancislSt. 7ames United School, addressed the Commission. She stated that all �vould agree that children and adult boo.L'stores are not a good mix, yet this store is allowed to co-exist across the street from a neighborhood schoolfor children. She noted the doub]e messages ��^g�� children receive: the adult boofcstore promotes messages of promiscuity, violence, and lack of respect (partiadarly lack of respect for tivomen); the programs at the school deal with tryin� to prevent promiscuity, violence, and lack of respect {particularty lack of respect for women). She asks, "�Vliich me;sa�e will get through to the child; our preaching or what they see?" She anticipate; a day when the people �vho make the laws �vill have tlie couraQe and the inte�rity to no longer tolerate an adult bookstore across the street from each other. She said one child went into the store hvice. 7. Patcice Feterl, 262Q North Avenue, South Minneapolis, testified in place of Randall Ti�ue, attomey for Michael Stoderl, the owner of riro adult video stores in SainT PauL• 1) Music and More, 961 �Vest 7th Street; and 2) Ecstacy Videq 918 University Avenue. She addressed three topics as they relate to the proposed adult bookstore zoning amendment: 1) the First Amendment to the Constitution, 2) the study conducted by the Ci[y oF Saint Paul, and 3) other studies performed on the correlation bebveen tl�e percenta�e of aduit material and adverse secondary affects. Slie said the first amendment provides that government may not regulate content- based speech. And re�u{ations to curb adverse secondary affects must have two corollary requirements: 1) the enacting city must have before it some type of empirical basis for believing that the use that iY regulates causes these adverse secondary affects, such as property values and crime, and 2) the regulation must be narrowly tailored only to those uses that you reasonably believe cause adverse secondary affects. She continued that all the studies done on adverse secondary affects of adult bookstores, particularly those relied upon by the City of Saint Pau1 have two characteristics: 1) 100 percent adult entertainment, and 2) on premises consumption of materiaf. No studies done any �vhere show that a generai video store tivith an "adult only" section, or where consumption of sexuaIly explicit material takes place off the premises, cause any adverse secondary affects �vhatsoever. She stated that on the basis of tiie study done by the City of Saint Paul there is no correlation beriveen the percentage of adult material that the store features or the number of square feet allotted to the sale of adult material and adverse secondary affects, thus there is no adverse secondary affects. She ihinks that basing regulations upon gross receipts would make it easier to regulate and more di�cuit to manipu]ate. She handed out studies of adu{t uses. 8. Julene Maruska, 917 Juno Avenue, mana�er of the Si. Vincent Hall Thrift Store, located next to Denmark Books, an adult bookstore. She contended that neighborhoods should have some say as to tivhat is and �vhat i> not an appropriate business for their nei�liborhood. She added that the West 7th neighborhood has three adult bookstores �vithin a mile, and the adult material is not appropriate in a neighborhood with children. She supports the amendment even thou�h she knows it is not stron� enou�h. 9. lValter �,Vietzke, 930 Randolph; addressed the Commission. He believes that Music and More is violatin� not only a nei�h6orhood trust, but also a City trust by displayin� explicit sexual posters within the visual range of thz public. He also said that in speakin� with Mr. Eu�ene Gladawitch, principal at Monroe Community School (K-Grade 8), a few blocks away, he discovered that confiscated material within the school has been sesual playin� cards, marital aids, mzrshal arts weapons, L1 �� - �� dnig paraphernalia and also stink bombs that ultimatety closed the school do�vn and sent children to the hospitaL He thinks the re�ulation should be ba5ed upon gross receipts. He advocates amending the amendment. 10. Richard Neumeister, 345 �Vabasha Street, lobbyist, urged the Commission to recognize and use their role in leadership. He recommended that this issue be referred to the Zoning Committee. Mr. Neumeister voiced a concern about the City Counci! accepting the recommendation of the Plannina Commission. He said that action should be taken against those who violated the I�°lo restriction of the interim ordinance. Those who were over 15% before April 1993 when the interim ordinance took effect should be grandpersoned-in. Mr. Neumeister mentioned that is important to discuss how these ordinances that will eventuaily become law are implemented, and how they are enforced because no one wants to pay the high cost oflegal fees. 1 l. Tony Reklis, 1175 �Vest 7th Street, co-owner of Video Lease II, addressed the Commission. He asked ho�v 1�% was arrived at. I S% is not synonymous with substantiaL He stated that in the thirteen years they have o��.'ned and operated their store', there has been not one complaint. He does not think that change is needed in this area, but that some reguVations are in order such as how material is displayed, having a separate area with doors, etc. He also feeis it is important to grandfather in 6usinesses so that other businesses kno�v where they stand in Saint Paul. He pointed out that video stores are different from bookstores. He said that adult videos should not affect where they're so1d; iYs where t11ey're used. ]2. Chuck Repke, 165 McBoal, tegislative aid to City Council president Dave Thune, addressed the Commission. He reminded members that today they are not defining what is an adult use, but they are defining what isn't an adult use. He commented on the testimony of attorney Patrice Feterl, who �vas representin� a client of an adult use video store. Mr. Repke pointed out that an adLdt use video store shou]d not be located in that B-2 zoning district in the City of Saini Pau1. The City has already regulated where they are supposed to be. The focus today needs to be on what is not an adult use video store; what is not significant and substantial; something that is small enough to allo�v in the commuaity. Nine years a�o �vhen the ordinance was �vritten, �ve basically relied on state la�v, and we relied on the video store operators to protect their own interests from prosecution from the state, to restrict those areas. Once that was done, it was considered an aduit use. Now, we are faced tivith questions regarding "substantial and si�nificanY' issues; we now realize that we cannot discern a business as beina an adult use simply because it has some displayed sexually explicit videos. 1Qo�v we also have questions about "on-site consumption." He stated that Ciry Council president Thune's concern is that during this reviewal }'ou consider that vietivin� the posters and video covers, of wandering through the isles and iooking at these, is the action of consumin� adult material on the ptemises. This is the community's concern: v'sewing grapl�ic visual display of sexually explicit materiat is consuming adult material on the premises. 13. Caro1 Sturgulusti, 1759 South Lesingto��, said, "Garba�e in, garbage out." Our first public speaker, MarCin O. Weddina on, retumed to the podium to finish his testimony. Referring to the First Amendment, he does not believe that the founding fathers had any idea of �vhat �ve are saying is OK to do today; they did not write the 7 ��' �� amendments to protect tvhat we are see+ng and hearing today. He does not think that any store should be located on a street where across the alley from the establishment are residents. The residents were there long before the establishments came. MOTION Commissioner Morton moved that this issue be referred back to the Zoning Committee; it �vas seconded by Commissioner Chavez and cacried unanimously on a voice vote. IV. Zoning #95-084 Kowalski's Grand MarkedMount Zion Temole - Special Condition Use Permit to alto�v a shared parking agreement permittin� Ko�valski's Grand Market to use the parking lot of Mount Zion Temple as an overftow parking lot. MOTION: Commissioner Morton moved approval of the requested special condition use permit, omitting the conditions suggested by staff. Commissioner Faricy stated she feels that the use of the Temple lot has changed since this deal has been formalized. She feels that the staff recommendations are those the Commission shou(d fo]low. AMENDED NTOTION: Commissioner Faricy moved to amend the motion by re- amending the conditions recommended by staff: 1. A hedge shall be planted along the northern edge of the parking lot to create a visual screen and shade trees shall be planted along Summit Avenue every 3� feet on center. This shall be completed by Au�ust 15, 1995. 2. The middle driveway on Syndicate Street shall be removed and replaced �vith curb, boulevard, and sidewalk according to Public Works standards and under a permit issued by the Department of Public Works. c��as�vaaa� P�.�nc�r a��,i"k�,�l t�i� �� ¢o ��.a1. Commissioner Vauaht spoke against the amended motion. He cautioned the Commission to note that in no way has the parking lot been expanded, so there is no reason to attach tlie other requirements. The cost factor here is $5,000 for these extras; and they have already spent $35,000 to resurface their parking lot and spent a great deal remodeling their store. He thinks it is too much for the City to impose these additional requirements on Kowalski's, who has been a good nei�hbor all these years. Commissioner Field stated that he agrees with Commissioner Vau�ht. Commissioner Schwichtenberg spoke in favor of the amendment. He said that this is an opportuniry the City has to get landscaping on this property. He said the Planning Commission could consider the possibitity of extending the completion date until 1996. Commissioner Geisser spoke against the amendment. She noted that the ownership of the lot is Mount Zion Tempte, and asking Kowalski's to make additional improvements and �I�-1'��S�J pay for them is unfair. Commissioner Faricy added that the applicants are both Kowalski's and Mount Zion She said her point in making the amendment is that no�v this is a different use of the ]ot, and as a result this is the last chance for anything to be done on this. She concludes that the added requirements wi{i be beneficia{ for both Kowaiski's and Mount Zion. She also noted that this lot is located in an historic district, and so it is even more impoRaot to foliow through with the amendment. Mr. Ford commented on behalf of the ori�inal staff recommendation and the matter of �vhen standards may be &ppropriately applied. A change in use of a lot, especially a substantial change as this, also requires stricter standards. Commissioner Kramer added that a tetter from Aaron Rubenstein was introduced at the Zonin� Commiitee meeting in which Mr. Rubenstein referred to the West Summit Avenue Review Guidelines t4tat suggest planting should be done there, so he intends to support the amendment. He said that he is also concerned about the added cost so he agreed with Commissioner Schwichtenberg's idea of adding an additional year to complete the plantin�ask the Ciry to accelerate their bou]evard tree planting program and thus creating the desired result without also aeating a hardship for the applicants. Commissioner Lee said he is concerned about public safety in planting a hedge behveen the hvo lots; mainly pedestrian traffic and bicycles. He asked if the hedge would obstruct the view of on-coming traffia Commissioner Faricy answered that it wouid not; the hed�e would go along Summit avenue; it would not go beriveen the two lots. Commissioner Vaught stated that l�e disagrees with requirin� the removal of the driveway; it is unnessary. Commissioner Geiser added that she thinks Mount Zion and Kowalski's are terribly sorry that they have formalized their agreement publicly; they have done it privately many, many years and it has been fine. She said that it sounds as if the City is penalizing these partners for creating a shared parking agreement which the City and the Planning Commission have been advocating for years. She also noted that the two other examp(es of shared parking and improvement of lots on Grand Avenue have received City money (Places to Park) to do it. Now the City is asking these partners, because they have decided to iegitimize their agreement, to pay for additional requirements. This is not fair; the City has changed the ruies, and these peopie were not informed. Commissioner Field reiterated tl�at there is no real change in use to justify adding additional requirements. Commissioner Faricy stated that she had not known that the Ciry had funded improvements for the other shared parkin� ]ots on Grand Avenue. Commissioner Mardell observed that althQUgh it is not a change in use, it is a more efficient use of the property. He added that it is not an unusual arrangement; he cited the Lake Calhoun Executive O�ce Buildin� sharing a parking lot Gvith the City oi Minneapo]is Parks Department, and the MTS Corporation sharin� a parking lot with a church. ��- �'�l'oJ Commissioner Sch�vichtenberg proposed a friendly amendment striking item #2 and by changing #1 to read: "A hedge shall be planted alon� the northern edge of the parking lot to create a visuat screen completed by August 15, 1996." 1I� snm�mm � 4� �n�a�nn �7�1 �m ffi�o�� mff lh�c�a, °�.rQ ��4aa�,m tto W�9�a� � �, ,�,� �� a�,:� ��°mmi � c�au��J �pr�;�ei�cc7 ��l mm � d9]� C7S"n�, V. Comprehensive Planning and Economic Development Parks and Recreation Plan - Review of draft and comments to Parks and Recreation Commission - (Donna Drummond) MOTION: Commissioner Maddox moved approval of the resolution and memo to for�vard the Planning Commission's comments to the Parks and Recreation Commission far its consideration. ; Commissioner Maddox invited Ms. Drummond to sum up the Plan. Ms. Drummond listed and commented on the follotiving five issues: 1) Maps: both total number, and coordination of the trail map with the Transportation P1an bike route map. 2) 1995-199b Action Plan: lack of specificity for some action steps. 3) Policy on periodic updatin� of the plan. 4) Integration of packs planning �vith other city development initiatives. 5) Mississippi River: enhanced recognition of the importance of the river and the opportunities it represents. Commissioner ICramer recommended that the Hazel Park Recreation Center 6e mentioned specifically vnder �'12 in Design Deve(opment on pa�e 24 of the Plan. t"[�° �93a� �a� (c� IDs�m � � �yaa��y ¢� s� c�:o�� ds�, Neiohborhood Sales Tax Revitalization (STAR) ProQram - Comment on large loan and grant applications - (Donna Drummond) Ms. Drummond gave a brief overview of the comments that have been prepared by the Comprehensive Planning/Economic Development Committee. She said the STAR Program is 6asically funded with I/2 of the half percent sales tax the city's been collecting sinca mid-1993. A board, appointed by the Mayor and City Council makes recommendations to the Mayor and City Counci{ on �vhat should be funded. The program is set up on an annual cycle. The money can be spent only on physical improvement in the City. Eli�ible applicants are any publiq private, or non-profit organizations that are located and doin� business in Saint Paui. Funding request for the 1995 cycle total $10.7 million, and ��- �� VI. VII. VIII. �. X. avai(able funds equal $3,5 million. The comments to be sent to the STAR Board identify and define the key documents the City is Gvorking �vith now that should be considered in making resource allocation fundin� decisions, such as the Comprehensive Plan and Capital Aflocation Policy; Key Strategies from the Cirywide Economic Agenda; Key Concepts from the Community Development Agenda; some oF the cunent high priorities of the City: 1) the Phalen Corridor Initiative, and 2) Aorvntown River&ont Development; PED's Current Strategies for Housing and Business Deve(opment; some additional information on City�vide programs; and concluding with a plea to the STAR Board to balance community development and economic development priorities. NIOTION: Commissioner Maddos moved approval of the resolution and memo including Planning Commission comments to 6e forwarded to the STAR Board for its consideration. The motion carried unanimously on a voice vote. Neighborhood Planning and Land Use No report. Task Force Reports __ None. Old Business None. Ne�v Business None. Adjournment MOTION: Commissioner Geisser moved to adjourn, seconded by commissioner Wencl, and carried unanimously on a voice vote. The meeting was adjourned at 10:42 a.m. ResQectfuliy submitted, l�/i'a2i—"� Kenneth Ford Planning Administrator Approved 9� (date) � , , " -�t'�Y�l�-� Barbara Wencl Secretary of the Planning Commission plannmgfminvfzs trm ��- (�� June 13, 1995 Mr. Roger Ryan City Planning Division 1100 City Hall Annex 25 W. Fourth St. St. Paul, MN 55102 Dear Mr. Ryan: �.=�.x.�� JUN 13 1995 ZO�� On Friday, June 9, 1995, I attended a public hearing held by the St. Paul Plan- ni�g CoRmission relating to a pYOposed amendment amending the definition of adult bookstores. During what should have been a meeting to hear recce�anendations and objections relative to the proposed amendment, I quickly became aware that the testimony being given by a number of individuals was little more than a diatribe against the very business for whom I am employed, Music & More, 961 W. 7Ch St. T now feel that it is my responsibility as Operations Manager of Music & More to defend the business against a rnm�ber of ridiculous and fabricated allegations made by the group appearing in support of the proposed amendment. I also note, for the record, an inability_ or nnwillingness on the part of Chair- person David McDonnell to keep the camnents of this group focused on the topic of the hearing. After correctly pointing out the irrelevancy of the first two speakers' cam�enCs, Mr. McDonnell continue to bend the procedural rules in allow- ing an excessive amount of ture for their remarks, and in one or two instances, allowi.ng individuals a seco� chance to speak. I am thoroughly amazed at the leng'ths this sam� small gcoup of individuals has gone to over the past two and a half years in attempt to drive Music & More out of bnsiness. I'd like to concnent on some of the allegations referred to earlier - Two teenaged girls testified about the supposed obscene posters displayed in the store's windows. These posters feature Paula Abdul, Heather Locklear, Lita Ford, Madonna, Marilyn Monrce and other music and film stars. To cn�ny teenage girls, these stars are idols. These young girls testified to the "very bad" nature of these posters. However, being a proud parent myself, I can't imagine any parent not being thrilled if their own children were to reach such fam�e and popularity. In addition, these same posters are available for sale in most music stores lo- cated in shopping malls, and also at Target and other department stores. These posters show no nudity whatsoever or any graphic characterization of anatomical arPae_ Intezesting enough, it was Councilman David Thune w'no suggested, on a Saturday afternoon visit to the'store, that the windows be covered in response to a com- plaint. Although the windows in question were a6ove average height (si�c feet), and no graphic nudity could be viewed fram any street-side angle, we were more than happy to oblige Mr. Thune's request. -z- q�- [ob� As to the cocmients of Ms. Theresa McCormick and her overhead projections bf what was supposedly a graphic video box cover displayed or visible in a window, I'd maintain that anyone could see that the photograph of the back of a video box was taken at vey close range and not through a window as alleged. None of the adult videos are displayed in this�ashion nor can they be seen fram outside the premises. One would have to enter the adults-only section of the store which any adult can do and obviously did. It appears to me that the small handful of people that appeared at the hearing in protest against retailers who rent or sell adult materials, do not represent more than a minimal 2mount of business at any of the 32 retailers cited in the proposed amench�nt. Obviously if there was not a demand for adult-oriented mat- erials, these retailers would cease supplying this product and go out of bus- iness. Qne video store owner stated at the hearing that, "I've been here for 13 years. How many other businesses have lasted �hat long?". I agree wholeheartediy! How many of these retailers along West Seventh Street, University Avenue, and downtown ahve far outlasted many failed businesses. Businesses that are now vacant storefronts advertisng "space for lease" or "space for sale". These sCOrefronCS used to be major fast-food chains, car dealerships, pharmacies and furniture stores. Remaining retailers with Cheir lights on and "open for bus- iness" signs should be a welcome sight. In a city which is continually raising its' homeownezs property ta�tes due to a lack on new coamercial growth, the exodus of businesses creating a shrinking cocmiercial t� base, one would think any business that is successful in paying property taxes, sales t�es and employing the people of St. Paul would be con- sidered an asset. Too many companies have alreqdy been discouraged from doing business in St. Paui due to an ever-increasing bureaucracy. In a time when goverrnrient intrusion into our hames and personal life choices is prevalent, we should be vigilant that our liberties and choices are not limited by a few narrow-minded people who are intolerant of anyone else's views and values other than their own. Indiv- iduals such as those testifying on behalf of the propsed amendment tend to be sanctimonious, moralistic and self-righteous. Their views become more extrem- ist as their tzu�nel vision focuses on one sir�le issue. These individuals should not be allowed to re-write the St. Paul Legislative Code. Those few that cry "Wolf" would have you believe that the City of St. Paul is overrun by perverts and pornographezs and that the retailers who rent or sell adult videos and other adult-oriented merchandise are inanoral and criminally- mi.nded. I would suggest that those protesting adult entertairunent may be living in the past. This is no longer the 1950s, a time when married couples slept in separate beds and when sex was a"dirty" word. This is now the mid-90s, when sex is discussed openly and freely on daily talk shows and portrayed in�ev�ry- thing from advertising to soap nperas to music videos. Adult material is avail- able on Cable TV, in most hotel/motel rooms on pay-per-view, and on satellite, DOS Systems and PC Internet. Certainly eveyone knaws someone, or may ahve themseives participated in a stag party, purchased<a gag gift item, sent a"naughty" greeting card, wom sensual lingerie. They may have even gone so far as to read Penthouse or Hustler Maga- zine (available at such locations as the airport or B. Dalton Bookselier), rent- ed an adult video, etc. In addition, condoms, lotions and vibrating massagers can be purchased in many drugstores. -3- �5 -(t�� I would think that by now, most people recognize se�cuality as a fact of.life and a basic htunan need. I am also certain that mosC people feel comfortable with their right to decide for themselves when and where they might purchase adult materials - Yather than forfeit that choice to the goverrnrent. How many more years and how many more dollars will the City of St. Paul waste on this issue? Gertainly the long-outdated tezm "adult bookstore" conjures up scary ideas in the minds of scme. TEte image of a dirty old man in a raincoat hanging around every store that nents or sells adult videos is ridiculous. So are the myths of increased crime and property values around such locations. I have yet to hear of or see any study which shoors that personal cons�unption of adult materials has any adverse effect on society. Therefore I suggest that we do not need any more goverrunent regulations or zoning requirements than that which are already in effect. In studying the adult zoning issue, I cannot think of any more visible locations for stores carrying adult materials than our major four-lane avenues such as West Seventh Street, University Avenue, and Downtown. After atl, most of the current establishments have been operating successfully for years in these lo- cations - witho�t pYOblems or cocnplaints. IC would appear that on West Seventh Street, where bar and liquor establishments dot almost every block, any many of which £eature legal gambling activity, entertairur.ent for adults has been a£ocus for years. I have yet to find an owner oY operator who will agree that the ex- isting retail and video stores pose a threat and are not compatible with the other forms of entertairunent for aduits which presently line the avenue. It was mentioned by one individual at the hearing that these stores attract the "very bad" element to these neighborhoods. However, cor�ac�on sense would te11 you that the people frequenting these stores are your neighbons, thus explaining why these businesses are located in virtua�l�r every district o£ the City. The Planning Co�nission is clearly trying to reduce or limit retailer's existing square footage and inventories by even more constitutionally questionabie legislation. In conclusion, I feel our objections have been expressed anrl'I would liketo thank you for your valuable time and attention. Any further questions or carurents may be addressed to me. �� f � I)oug as Ol on Music & More 961 W. 7Ch St. St. Paul, rN 55102 cc: Individual members of Planning Conmission DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT �� Ldl✓ CI rY �r"' ��T PA�. Diviszon of Plamm�g Narm Colemaa, Mayar ZS Wesi Faurth S�eet Telepfione 612-266-6565 SarntPau! MNS5102 F¢cs+mde� 6Z2-228-9314 MEMORANDUM Date: Saly 17, 1495 To: Mayor and City Council From: Roger Ryan � Re: July 14th minutes Th� minutes of the Planning Commission's 3uly 14th meeting conceming adult bookstores will be added to the packet when they are available in about a week. K��SHARED\RA72W+MMJUL MtN bbltlbllyyb lb:b� b1LlJ1Uly4 U1bl IWU VtRJfYli1L rHac Gl �I�'T`�IGrI" 2 CCJ�ITI'`T� ��J1�TCgI., q5-1G(� 2164 Stiltwater Avenue, Suite 201 Saint Paul, MN 55119-?508 7une 5, i495 To: Roger Ryan, p�D Planning Commission From: District 2 Cammunity Councii Re: Adult Bookstore Zoning Ordinanc� Phone:{6l2)�31-6842 Fu: (612) 731 •0144 At its May 1 Q, 1995 Physicai and Neighborhoods Committec mee�iaag, the District 2 Community Council reviewed the proposed Aduli Bookstore Zoning Amendznent and passed the following moti�n: That "300 square feet" 6e chat7ged to "100 squaze feet" in the proposed Aduh Bookstore Zoning Amendznent. This motion was then approved by the t'icll Board ofDirectozs at its May 17, 1945 �eeting The reference is to tha thxeshold amounts listed in the proposed amendment. The feeling of the Council is that the proposed language aUows far tao large a space and that 100 square feet o�tloor area is a more appropriate threshold size. Please enter this into the recoxd at the publxc hearing. Ifyou have any questions, please call Tim Dorn£eld, the Distr�ct 2 Community Organizer at 731-6842. EQUAL dPPdRTUNItY EMPLJYER / cONL'Ra c7'OR ��J' �� MINUTES OF THE ZONING COMMSTTEE CITY C�UNCIL CHAMBERS, SAINT PAUL. MINNESOTA ON JULY 6, 1995 PRESENT: Mmes. Faricy, Morton, Wencl; Messrs. Chavez, Fie1d, Gurney, Kramer and Vaught of the Zoning Committee; Mr. Segal, Assistant City Attorney; Mmes. Dadlez and Sanders; and Mr. Ryan of the Planning Division ABSEI3T : Time: 3:55 - 4:45 p.m. The meeting was chaired by Gladys Morton, Ch.airperson. PTJULT BOOKSTORE ZONING AMENDMENT. Referred to the committee on June 8, 1995. Mr. Ryan provided a staff report. Mr. Ryan said that the proposed amendment does not regulate the content of speech; it does not ban the sales or rental of adult material; it does not forbid consumption of adult material at stores, at homes, or hotel rooms. The purpose o£ the amendment is to clearly indicate to store owners and to enforcement officials how much adult material £or sale or rent constitutes an adult bookstore, Mr. Ryan explained that businesses meeting the definition of an adult bookstore will be restriated to B-3, B-4, B-5, 2-1 and T-2 zoned districts. If a business se11s adult material, but does not meet the definition, then the business can be located in B-1 or B-2 districts. Mr. Ryan recommended adoption of the proposed definitlon: adult bookstore would be those having over 150 of its usable floor area or more than three hundred square feet (30�) of £loor area in adult material. Mr. Ryan gave his reasons for the recommendation. Mr. Ryan said that an interim osdinance defining adult bookstores as those having over 150 of useable iloor area in adult material has been in place in Saint Paul for the past two years, and experience has been gained by video store owners with respect to compliance to this legislation. Mr. Ryan said that the proposed legislation is comparable to how other jurisdiotions dePine adult bookstores. The survey done by the City's consultants showed that the median percent of floor area used by other jurisdictions in their definitions was 1�0. Another reason £or recommending this definition is that the video store industry has really self-de£ined what is and what is not an adult store by keeping the proportion and size of adult material under 150. Mr. Ryan said he believes video stores do that because they want to avoid complaints and do not want the image of being an adult bookstore. An example of the self-definition is that there are 91 stores included in the survey. Three stores are 100% adult material; tkiey have self de£ined themselves as adult bookstores. There are 9 stores that have no adult material; they have self defined themselves as non-adult bookstores. Twenty-nine stores have both adult and non-adult material; twenty-two of them, or 76°s, have 150 or less space in adult maCerial, self defining how smzll a non-adult bookstoxe is. Looking at the entire range of the 1995 survey, 10 of the 91 stores (75°s) rave 15°s or less adult materials. Mr. Ryan said that looking back to 1993 wnen a survey was iirst done in prepzration £or an interim adult bookstore ordinance, 77% o£ the video stores riad 150 or less adult materials. Mr. Ryan said that there is a market reason �� for limiting adult materials to 15�, and he believes that the video stores did look at this and this is what has resulted in Saint Pau1. Mr. Ryan said that the internal arrangement within the stores to limit access to minors was an issue that was raised at the Planning Commission. Mr. Ryan distributed copies of Chapter 275 of the legislative code for commissioners' review. The law says that store owners are obligated Co restrict access of minors to adult material. This is already in place and addresses this issue, and precludes the need for its inclusion in Che proposed zoning amendment. Another issue Mr. Ryan addressed was that of potential non-conforming uses. 2t was suggested that stores with over 150 of adult material in 1993 when the interim ordinance was adopted should be grandfathered in. Mr. Ryan said that existing non-conforming use regulations are in place and would apply to those businesses and didn't recommend anything special for this use. Mr. Ryan addressed an alternative definition of adult bookstore: one that has 15a of the sales receipts for adult material. Staff believes that video store owners should not be relied on for the data, and that this method introduces such issues as more recordkeening, the frequency of review, what the consequences of overages would be, what assurances would be given to target comoliance. Mr. Ryan suggested it leads more to uncertainties that are comparable to the uncertainty that is present in "significant and subsCantial." Commissioner Vaught asked to see the language of chapter 276.01 of the legislative code, regarding dissemination of adult materials to minors. Mr. Ryan provided Che language for his review and said that both chapters 275 and 276 are currently in affect. Commissioner Vaught said he would vote against the proposed amendment. Iie said that the ordinance in its entirety is an af£ront to the U.S. constitution and is fraud in advertising. Commissioner Vaught suggested that the proposed legislation is recommended simply to address concerns that flow £rom a single business in Saint Paul. Commissioner Vaught said he does not have a problem witli restricting the view of adult materials, but does have a problem with doing it on a square footage basis because he doesn't believe that there is any demonstration of any connection between the square footage devoted to the sale o£ adult material in a particular facility and any demonstrated harm. Vaught continued that he believes this amendmeat to be a backfianded way of censorship an3 an attempt to use zoning regulations to £orce what would othexwise be a legal, business out of a particular neighborhood. Mr. Segal, City Attorney, attempted to comment regarding the secondary adverse a£fects resulting from adult bookstores. Commissioner Vaught challenged that Mr. Segal was attempting to provide argument without being requested for information by the committee. Commissioners Field and Gurney indicated a desire to hear from Mr. Segal. Mr. Segal attempted to clarify that what staff Yias set forth in the report and what they have asked the commission to address, is not whether adult bookstores cause secondary adverse affect, because he said that has already been established, is to review and make recommendztions on how tfie term should better be defined so that £uture enforcemeat purposes would be less likely to be successfully challenged on the grounds of vagueness. Mr. Segal said he was not arguing one way or another about what the committee should do, but speaking zor explanation purnoses only. Commission2r Fie1d asked either staf£ or Mr. Segal to elaborate on the consequences of the pr000sed definition. �5- l�� Mr. Segal said that the amendment would a££ect where the business may be located. If a business falls within the definition of the adult bookstore then its location is restricted to B-3, B-4, B-5, and the industrial zones, not in the B-7., S-2 or residential zones. Commissioner Field summarized detail supplied by Mr. Ryan from the staff report that there would be three businesses currently located in B-2 zoning districts that would be affected by this legislation at this time, one adult bookstore and two video stores. Mr. Ryan established that Music and More, located on West Seventh S�reet, in a S-2 district, and which has generated some controversy, is one of the businesses that would be a£fected by the amendment. Commissioner Gurney asked whether the zoning amendment would be applied retroactively, or whether those businesses it applies to be grandfathered in. Mr. Segal responded that the staff recommendation would allow those businesses that are currently non-conforming, but 1ega1, to continue. If the business met the code at the time they weze established, and are within the 15a square feet required by the current ordinance, and they have more than 300 square feet, they would be non-conforming under the proposal, but would not be required to con£orm. Mr. Sega1 further stated that some cities tfiat have enacted regulations requiring nonconforming uses to conform, but that is not the case. Commissioner Gurney asked for furCher clarification that nobody would be put out of business, but rather restrictions would be placed on new businesses. Mr. Segal said that the recommended zoning amendment would also restrict existing businesses from �ecoming more noncon£orming and would prohibit them from expanding their adult materials. Also, if it were determined that they are presently illegal, they would continue to be illegal. Commissioner Wencl re£erred to page 7 of the stafP report relating to adult material and asked if there is a possibility o£ using such a formula in Saint Pau1, even though staff is recommending against it. Mr. Ryan responded thaC it is one measure in which a number of cities have used, and that Saint Paul could include it as well, but staff recommends that Saint Paul rot use this method for the reasons stated (on page 2, paragraph 2, of these minutes). Commissioner Vaught reviewed that Mr. Sega1 has suggested that secondary adverse affects have been demonstrated in other cities and said he has not seen any such evidence either through the testimony at the public hearing or in the staff report. Furthermore, he said that even iE there is some generalized evidence of secondary adverse affect between adult facilities defined as those with floor square footage of 150 or more devoted to adult materials that cause secondary adverse affects, he has seen no specific evidence in the city of Saint Paul of those secondary adverse affects. Commissioner Vaught said the committee should have the opportunity to review such evidence and challenged that that in£ormation has not yet been presented. Without such evideace that adverse affect has been proven, Vzught said he is not prepared to vote in favor of the proposed zoning amendment. Commission=r Gurney said that he sees tne ordinznce as a mechanism to more clearly de�ine what an adult use is so that City staff attemnting to enforce any part of the ordinance has £irner ground in doir.g so. 3 ��-»� Commissioner Kramer quoted from the staff report: "The report does not deal with the authority to regu2ate adu2t uses or the need to regvlate adult uses because of their deleterious affects on property values and crime.'� Commissioner Kramer said that the City had an ordinance that used the term "substantial or significant portion" and when attempting to enforce that ordinance the City was taken to court. The ordinance was not thrown out, or determined unconstitutional, but the case was dismissed on the basis that "substantial and significant" were not clearly de£ined. Commissioner Kramez said Chat the proposed amendment provides a clear definition of "substantial or significant". Whether or not that relates to a second issue of adverse affect, Kramer said is another issue. Ae said that what is before the committee is a definition for adult bookstore. Kramer said that if the committee would like ta go to a lower threshold that is an option as presented by District 2. There was comment that the proposed definition would affect a number of businesses located in B-2 zoning. Commissioner Kramer acknowledged that, adding that every time the conmittee rezones a property it restricts their potential uses. Commissioner Vaught suggested that the committee has an obligation to demonstrate that what the committee is seeking to regulate has a legitimate reason, with some adverse affect. Commissioner Fie1d questioned the necessity of this request and likened it to the city's sign ordinance which he questioned whether the city is in any better or any worse shape for having or not having a sign ordinance, but the fact is that it is in place. Commissioner Field questioned why section 275.01 has not been used for regulation of the Music and More Store. Commissioner Field asked within the zoning code, where the "adult bookstore" definition would be applicable to. Mr. Segal said that it is only in the zoning code and would only restrict location of adult bookstores in the aforementioned zoning districts. Commissioner Field asked how different the proposed adult bookstore amendment is in its ramifications from that of the gun shop ordinance. Mr. Segal said it is analogoss, as the gun shop ordinance also dealt with location. However, licensing is in a different part of the code, and the zoning code provision only indirectly deals with licensing. Coaunissioner Field moved that the committee refer the adult bookstore zoning amendment back to the Planning Commission without recommendation, with minutes of this meeting available prior to the Planning Commission meeting, and that a synopsis of where the definition of adult bookstore will fit into the zoning code, to provide clarity regarding its ramifications. Commissioner Kramer seconded the motion, Commissioner Wencl asked if the committee decided not to make any recommendation vrhether other staff recommendations wi11 be coming forward regarding adult bookstoxes. b1r. Ryan said that there are rot. Commissioner Vaught said he would voce for the motion. a q�— e�� Commissioners Field and Kramer said they would like to see the Planning Commission participate in the discussion. The motion carried with a vote of 7 to 1(Wencl against). Commissioner Vaught asked that evidence as it relates to secondary adverse affects of these £acilities, specifically as they relate to Saint Paul, but pertaining to other cities as well, be provided at the Planninq Commission meeting. Mr. Segal clarified that in the case of the lawsuit, that the ordinance was rield to be valid and the lawsuit was dismissed. Anproved by: Gladys Morton, Chairperson 5 DEPAR17vfEMI' OF PLANNTNG & ECONOMIC DEVELOPMEN'f 1 c.l � �� C I � QF' J�T Pi�VL Drvuion of Ptanning Norm Co(emars, Mayor ?5 Wesf Faurth Slreet Te(¢phone' 612-266-6565 SarntPaul, MNS�ID2 Facsimile� 612-228-3314 MEMORANDUM Date: Ju1y 17, 1995 To: Mayor and City Council From: Roger Ryan "� Re: July 14th minutes The minutes of the Pianning Commission's July 14th meeting concerning adult bookstores will be added to the packet when they are available in about a week. K �\SHARED\R WA1.4AMM7UL.MIN 06/06/1995 10:fl0 6127310194 DIST TW� C�UNCIL pAGE 0: I3IS1'�t.dC�" 2 tt��I�71'�tl"�'� (��I1�1C�I., � �- ��{� fl 2169 S6ilwater Avenue. Saite 301 Saint PaW, MN 551 t9-3'08 3une S, 2995 To� Roger Ry�n, PED Planning Commission From: piatrict 2 Community Councit 17e: Adv1t Baokstore Zoni�ig Ordinance phone:t612)731-6842 Fax: (6t2) 731-0l94 At its May 10, 1495 Physicat and Neighborhoods Commjttee meeting, the Ilistrict 2 Community Counci! reviewed the p;roposed Adult Bookstore Zoning Am�ndraent and passed the folta� matian: T'hat "300 square feet" 6e chaz�ged to "100 sqrears feet" in the proposed Adaslt Bookstore Zon�ng Amendment. This motion was then approved by the full Board of D'arectors at its May 17, 1995 naeeting. 1'he reference is to the tltteshoid aanouz�ts Eisted in tlte proposed amendaiterrt. The feeling of the Cau�cil is that the proposed tanguage allows for too large � space and that 140 square feet o£ floor azea is a more appropriate threshold size, £'lease enter this irrto the record at the public hearing. I�you have anp questions, please catI Tim Dornfeld, the District 2 Communaty 4rganizer at 731-6842. £QUAL pPPOltTUNffY �MPG9YER / CON£iLaCTOR q� - I �� June 13, 1995 Mr. Roger Ryan City Planning Division 1100 City Aall Annex 25 W. Fourth St. St. Paul, MN 55102 r -'.� JUN 1� 3 1995 ��"�� Dear Mr. Ryan: On Friday, June 9, 1995, I attended a public hearing held by the St. Paul Plan- ning Coamission relating to a proposed amendment amendir� the definition of adult bookstores. During what should have been a meeting to hear reconmendations and objections relative to the proposed amendment, I quickly became aware that the testimony bei�g given by a nwnber of individuals was little more than a diatribe against the very business for whom I am employed, Music & More, 961 W. 7th St. I naa feel that it is my responsibility as Qperations Manager of Music & More to defend the business against a rnunber of ridiculous and fabricated allegations made by the group appearing in support of the praposed amendment. I also note, for the record, an inability. or unwillingness on the paxt of Chair- person David McDonnell to keep the crnm�ents of this group focused on the topic of the hearing. After correctly pointing out the irrelevancy of the £irst two speakers' comrents, Mr. McDonnell contirnie to bend the procedural rules in allow- ing an ea�cessive amount of ture for their remarks, and in one or two instances, allowing individuals a second chance to speak. I am thoroughly amazed at the lengths this same small group of individuals has gone to over the past two and a half years in attempt to drive Music & More out of business. I'd like to comnent on some of the allegations referred to earlier - 'itao teenaged girls testified about the supposed obscene posters displayed in the store's windows. These posters feature Paula Abdul, Heather Ir�cklear, Lita Ford, Madonna, Marilyn Monroe and other m�sic and film stars. To many teenage girls, these stars are idols. These young girls testified to the "very bad" nature of these posters. However, being a proud parent myself, I can't imagine any parent not being thrilled if their own children were to reach such fame and popularity. In addition, these s�re posters are available for sale in most music stores lo- cated in shopping malls, and also at Target and other department stores. These posters st� no nudity whatsoever or any graphic characterization of anatamical araac. Interesting enough, it was Counciiman David Thune who suggested, on a Saturday afternoon visit to the'store, that the wi.ndows be covered in response to a com- plaint. Although the windows in question were above average height (si�c feet), and no graphic nudity could be viewed fram any street-side angle, we were more than happy to oblige Mr. Thune's request. - 2 - �� - I�(�0 As to the comrents of Ms. Theresa McCozcnick and her overhead projections of what was supposedly a graphic video box cover displayed or visible in a window, I'd maintain that anyor�e could see that the photograph of the back of a video box was taken at vey close range and not through a window as alleged. None of the adult videos are displayed in this �ashion nor can they be seen from outside the premises. One would have to enter the adults-only section of the store which any adult can do and obviously did. It appears to me that the small handful of people that appeared at the hearing in protest against retailers who rent or sell adult materials, do not represent more than a minitnal amount of business at any of the 32 retaileYS cited in the proposed amendment. Obviousiy if there was not a demand for adult-oriented mat- erials, these retailers would cease supplying this product and go out of bus- iness. One video store owner stated at the hearing that, "I've been here for 13 years. How many other businesses have lasted that long?". I agree wholeheartedly! How many of these retailers along West Seventh Street, University Avenue, and dawntown ahve far outlasted many failed businesses. Businesses that are now vacant storefronts advertisng "space for lease" or "space for sale". These storefronts used to be ma}or fast-food chains, car dealerships, pharmacies and furniture stores. Remainir� retailers with their lights on and "open for bus- iness" signs should be a welcarne sight. In a city which is continually raising its' homeowners property taxes due to a lack on new co[nnercial growth, the exodus of businesses creating a shrinking conrnercial taz� base, one would think any business that is successful in paying property ta�s, sales taxes and employing the people of St. Paul would be con- sidered an asset. Too many companies have alreqdy been discouraged from doing business in St. Paul due to an ever-increasing bureaucracy. In a time when govermnent intrusion into our homes and personal life choices is prevalent, we should be vigilant that our liberties and choices are not lunited by a few narrow-minded people who are intolerant of anyone else's views and values other than their own. Indiv- iduals such as those testifying on behalf of the propsed amendment tend to be sanctimonious, moralistic and self-righteous. Their views becoms more extrem- ist as their tunnel vision focuses on one single issue. These individuals should not be allowed to re-write the St. Paul Legislative Code. Those few that cry "Wolf" would have you believe that the City of St. Paul is overrun by perverts and pornographers and that the retailers who rent or sell adult videos and other adult-oriented merchandise are itmioral and criminally- minded. I would suggest that those protesting adult entertai�ent may be living in the past. This is no longer the 1950s, a time when married couples slept in separate beds and when sex was a"dirty" word. This is now the mid-90s, when sex is discussed openly and freely on daily talk shows and portYayed i�evzry- thing fran advertising to smap operas to music videos. Adult material is avail- able on Cable TV, in most hotel/motel rooms on pay-per-view, and on satellite, D�S Systems and PC Internet. Certainly eveyone knows so�reone, or may ahve themselves participated in a stag party, purchased;a gag gift item, sent a"naughty" greeting card, worn sensual lir�e,erie. They may have even gone so far as to read Penthouse or Hustler Maga- zine (available at such locations as the airport or B. Dalton Bookseller), rent- ed an adult video, etc. In addition, condoms, lotions and vibrating massagers can be purchased in many drugstores. °►�-io�� -3- I wwld think that by naw, most people recognize se�ality as a fact of.li.fe and a basic him�an need. I am also certain that most people feel comfortable with Cheir right to decide for themselves when and where they might purchase adult mateYials - rather than forfeit that choice to the goverrunent. How many more years and how many more dollars will the City of St. Paul waste on this issve? Certainlq the long-outdated term "adult bookstore" conjures up scary ideas in the minds of sar�e. THe image of a dirty old man in a raincoat hanging around every store that nents or sells adult videos is ridiculaus. So are the myths of increased crime and property values around such locations. I have yet to hear of or see any study which shows that personal consiunption of adult materials has any adverse effect on society. Therefore I suggest that we do not need any more goverrnnent regulations or zoning requirements than that *�nich are already in effect. In studying the adult zoning issue, I cannot think of any more visible locations for stores carrying adult materials than our major four-lane avernaes such as West Seventh Street, Univezsity Avenue, and Downtown. After arl, most of the current establishments have been operating successfully for years in these lo- cations - witho}tt problems or complaints. It would appear that on West Seventh Street, where bar and liquor establistunents dot almost every block, any many of which feature legal gambling activity, entertairnnent for adults has been a focus for years. I have yet to find an owner or operator who wi.11 agree that the e�c- isting retail and video stoxes pose a threat and are not compatible with the other forms of entertaimnent for adults which presently line the avenue. It was mentioned by one individual at the hearing that these stozes attract the "very bad" element to these neighborhoods. Ilowever, coc�anon sense would tell you that the people frequenting these stores are your neighbons, thus e�cplaining why these businesses are located in vixtua'�l� every district of the City. The Planning Cwrnnission is clearly trying to reduce or limit retailer's existing square footage and inventories by even more constitutionally questionable legislation. In conclusion, I feel our objections have been expressed arni'I would liketo t�iank you foY your valuable time and attention. Any further questions or cottm�ents may be addressed to me. r � �-..r �S Ol OR Music & More 961 W. 7th St. St. Paul, MN 55102 cc: Individual members of Flanning Co�ission u ' _" � �.� �� PLA NING COMMISSION OF 5AINT PAUL �� _�� City Hall Conference Center 15 �Vest Kellogg Soulevard Saint Paul, Minnesota 55102 A meeting of the Planning Commission of ti�e City of Saint Paul Gvas held Friday, July 14, 199>, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Bader, Carter, Faricy, Geisser, Maddos, Morton, Treichel and Wencl Present: and Messrs. Chavez, Field Jr., Gordon, Gurney, Kramer, Lee, McDonel(, Riehle, Schwichtenberg and Vaught. Commissioners Mmes. *Lund-Johnson and Messrs. *Mahoney, *Mardell. Absent: �`Excused. Also Present: Jerry Segal, Assistant City Attorney; Ken Ford, Planning Administrator, 7ean Birkholz, I�ady Dadlez, Allen Lovejoy and Roger Ryan of the Planning Staff; and Wendy Lane from License, Inspection and Environmental Protection. I. Approval of Minutes of June 23, 1995 _ NIt�"�TOI'�:;;:Co�riiissiz�pec:kielci'i�aiiei3 appraS+�;a�the:n Co�zim�s�ori��:Tteaci��l s�enndec� #ti:a mcitF4�;svhieh �ia�se, II. Chair's Announcements - comments or concerns regarding the information in the attendance report should be referred to Chair MeDonell or Jean Birkholz. an issue for the downtown urban design task force will be reported later. - the Work Program Task Force will report later. III. Planning Administrator's Announcements - actin� on an appeal the eiry council did not uphold the planning commission's approval of site plan for the Beulah Lane parking lot in Como Park. - upon the planning commission's request, the city councii had asked their council research staff to undertake an evaluation of the Neighborhood Crime Prevention Program; the study is now complete; the study shows a very weak relationship between the area of funding and some decrease in violent crimes; no relationship to any decrease in residential burglaries; and no relationship bet�veen the level of organization for crime prevention and any decrease in crime. IV. �'u�i�in=�earing: East Grand Avenue Commeroial Parking Overlay District - (between Milton & Dale) - (Roger Ryan) i / �5-io�� Mr, Ryan explained that if the overlay parkino district is created on Grand Avenue, the affect would be that the "rule of five" ��-ould be suspended during the duration of the district. The rule of five stakes that if you change a use to a more intensified use, and the new use requires five or fewer parking spaces,those parking spaces do not need to be provided. This suspension of the rule of five means that if an intensification of use is presented, one would need to provide the additional off-street parking on the lot of the use, on a nearby lot, or secure a variance. Mr. Ryan continued to explain That this Grand Avenue area meets all the criteria for an parking overtay district. Commissioner Geisser thanked Mr. Ryan for the exce(lent pub(ic annoimcement that had been sent out in which he made perfectly clear some of the previous unclear issues. Chair McDonell read the rules of procedure for a public hearing. 1. Marilou Cheple, 733 Lincoln Avenue, presented the position of the Summit Hill Association. They feet that the rule of five wi(1 contribute to more parking problems on the avenue; the concept of grandfatherin� as proposed by the business association, would be construed to unfairly discriminate against new businesses. She requested approval of the original joint Summit HilllGrand Avenue Business Association parking request to: 1) eiiminate the rule of five; 2) only suggest the parking lot improvements; and 3) continue banking of parking spaces. Commissioner Field asked That Ms. Chepla provide her testimony in writing since it was difficult to hear her. She consented. (Made part of the record.) 2. Milton Smith, 11 Hilltop Lane, and owner of properry at 640, 642 and 644 Grand Avenue gave testimony. He believes that the small commerciat property owner is being penalized if the ruie af 5 is suspended. 3. Brian Alton, 908 Goodrich Avenue, spoke for the Grand Avenue Business Association. He referred to the letter dated July 13, 1995, from Deb Kowalski, president of the association, whiclt indicates that at its most recent meeting, the association voted to modify its previous position, concluding that to totally eliminate the rule of five on this area of Grand Avenue would be detrimental to the businesses currentiy located there. 4. James Stopelstad, 1 Ed�cumbe Place, supports GABA's position that existing businesses be grandfathered in. Commissioner Field asked him to clarify. Mr. Stopelstad added that he �vould grandfather in existina businesses under their existing ownership and structures. It's a ri�ht that affects properiy value, and should not be removed wi11y-nilly. In answer to a question asked by Commissioner Gurney, Mr. Ryan commented that if this �vere adopted, and if a more intense use came into a property, the bnsiness would need to provide the additional parking, or be granted a variance before it cou]d be an established business. 2 �'! �' �� t� V. Zoning k95-1 IS Michael 3. Abbott - Sign Variance to atlow hvo new signs: 1) 18" letter height variance to allow 36" letters; 2) sign area variance to allow two new signs of 39& square feet; 3) variance to allow the use of a product logo (1808 Grand Avenua; zQned B-2). tyf�1"Ibid::_:�o�iiriiissio�ier �1ortQn m.nved approuaE-of.tf�eYeqi�ested sign var;ance svhicTi carriad unan"srrcousIy cari a vasce yiste, Adult Bookstore (Definition) Zonine Amendment -(referred to the committee on June 8, 1995). Commissioner Morton stated that the 2oning committee did not make a recommendation on this issue. She said the proposed amendment does not regulate the content of speech, 6an the renCal or sale of adult material, or forbid consumption of adult material. IYs purpose is to clearly indicate to store o�vners ar�d enforcement officials how much adult material for sale or rent constih�tes an adulC bookstore. Mr. Ryan provided a brief summary of staffs recommendation of a defnition: an adult baokstore will be defined as those having over 15 per cent of Y1�eir useabie floor area in adult material, or have over 30D square feet of their floor area in adult material. He said the reason for the recommendation was: 1) this definition has been used by the City for rivo years, and the video store industry has gained experience from it; 2) 15 per cent of useable floor area is quite close to how other jurisdictions define xdult bookstores; and 3) 15 per cent and 300 square feet is how the videofbookstore industry has self-defined what is, and what is not, an adult bookstore by keeping the proportion of adult material under 15 per cent. 75 per cent of the stores with adult material are under 15 per cent. , ,.:. _. �Q�'TQ;�: CcYm�ri�sszn�eiMort4n r�oe�d:apprnvat crEsTaff's.recommeadation, C4�m�ssao�er _.,. . d:zaeiier secrindett the;uiraiicsn: Commissioner Vau�ht stated that he opposes the motion for hvo reasons. The first reason is there has been no evidence provided that suggests a reason for "Iimiting legislation:" limiting tl�e azea in a store where adult materials may be displayed, and aiso where such facilities may be located within the city. There is no evidenee at all or even a link between an area greater tlian 15 per cent af displayed aduit material and undesirable characteristics in the neighborhood. He added thaf there was no objective evidence in the studies that were provided; conclusive statements were made from anecdotal material. He said that he can find no empirical connection behveen a greater than 15 per cent display area for aduli material and some manner of nei�hborhood deterioration or adverse affect. 2) The second reason cited is that he doesn't think this limiting legislation has a thin� to do with square footage; the real issue seems to be an attempt to get rid of Music and More. He thinks it is exceptionally bad policy to manipulate zonin� laws, and concoct definitions that make no sense, and that have no rational relationship to any standard that can be established by any empirical study, simply to get rid of one faciliry. Commissioner Field addressed questions to Mr. Ryan: How many stores in B-2 that will become nonconforming uses by the proposed wording �vere nonconforming uses under the temporary wording. Mr. Ryan answered that right no�v there are a total of three stores over 15 per cent in B-2 which would he considered adult bookstores. Commissioner Field asked, 3 �� "Of the three stores, how many have an excess of 300 square feet?" Mr. Ryan answered that one store is in excess of 300 square feet. Commissioner Faricy annou�ced tha[ she is opposed to the motion. She considers this a spot zonin� case, and she totally disapproves of this action. Commissione� Schwichtenberg said he takes issue with Commissioner Vaught's notion that we're revisiting whether or not this use should be regulated or, in this case, better defined. He added that the idea here is to better define it, the discussion on whether to regulate or not has occuned before, He noted that according to the studies, there is quantifiable evidence there is a demonstrable difference in effect behveen those facilities who have 5 per cent of their square footage allotted to adult materials and those who have 9� per cent. Commissioner Vaught challznged Commissioner Schwichtenberg to produce evidence to prove that thexe is a demonstrable difference in effect between those facilities who have 5 per cent of their square footage allotted to adult materials and those that have 95 per cent. Commissionec Gumey noted that he looks at this from an enforcement perspective, and he supports the mQtion. Commissioner Chavez stated that would vote against the motion to approve. _ €_�fltio�: Qu.., e: . Qor ta ap�rroue-t, e;pra�ise . 'ameti 'ent: e�n�n� an � u t: . t� st'czre carciad �n. � vci�ce vQte sif 1� to.:3: �G�ave�,'..Farie}{ ,YaAahLJ. _ Commissioner Morton read the agenda for July 20, 1995. Site Plan Review Request: United Waste Transfer Inc., 400 Whitall Street - To decide �vhether the commission will review fhe site plan and to schedule a public heaciog for this purpose, if possible - (Tom Beach) �Vendy Lane spoke for L.I.E.P. in place of Mr. Beach. She stated that according to Tom's letter of July 6, 1995, stafPs recommendation would be that a public hearing be held either at the planning commission meeting on August l 1 or at the zoning committee on Au�ust 3,1995. Ho��ever, since then the Land Use Committee of District 5 have met witl�, and have been working with United Waste, and have come to an agreement about what kicids of things the site plan should include; United Waste has agreed to everything. So, at this time, it does not appear to be a controversial issue, and there rs no recommendation. Commission Field noted concem about a delay if the negotiations would break down in a few �ceeks. Ms. Lane stated that the commission could still hold a pub]ic hearing then, if they so desired. She does not anticipate that negotiations will break down. Commissioner Morton sho�ved concern about this issue's relation to the Phalen Corridor. Ms. Lane stated that L.I.E.P. does not feel that the Phalen Corridor will be affected by this new building at all. �ez ICramer. mok�d i€�-aef t�te p�z8lxc hezrin� 2t.fhe. zonin¢ cautYn�€ie� �� i�,t�on zvas second�_:by �c�niiniss�aner- :: q5 - I�� Mr. Sega( reminded the commission that if the site plan review is removed from staff, then the planning commission has the function of approving it. So, in essence, your motion �vould require the zoning committee to submit a recommendation to the planning commission. An alternative is to hold an informational meeting with staff retaining authority over the site plan review. Commissioner Field commented on his dissatisfaction with staff, from time to time, for not usin� their authority to �o ahead and resolve issues because they're "controversial;" particularly with respect to site plan reviews. He asked Commissioner Kramer if he wouid entertain an amendment to make it an informational meeting. Commissioner Kramer responded that is reason for moving a public hearins when there is an appeal for a site plan review, it then takes more time to set a pub]ic hearing and go through the process than it would have to set the pnbiic hearing in the first place. Commissioner Treichet stated that she would vote a�ainst the motion for a public hearing; she wants to speed things up. Commissioner Scl�wichtenberg expressed his ambivalence also; he thouaht he would vote in favor of the motion. Commissioner Gordon asked Commissioner Treichel how wou]d the process keep on going without a publie hearing. She answered that a public informational meeting would be scheduled for Au�ust 11, while staff continues to work with the community council and the new provider to be sure that the site plan can begin as soon as possib]e. Cha+r McDonell asked if the commission had an informational meeting on August ll, and they felt something amiss, could they then intervene and still conduct a public hearing. Mr. Segal cautioned the commission about their ambivalence, and advised them to finalize their decision now. Commissioner Carter restated the matter as she understood it, and clarified commissioners Treichel and McDonelPs question b}' asking Mr. Se�al if a surprise occurred at the informational meeting, did the commission have a 7i�ht to intervene, if they so chose. Mr. Segal responded that he thinks such action creates an ambiguity that could be used against the City in what final action is taken, and it would not be a time saving process. Commissioner Kramer reiterated that he moved for a pubtic hearin� in order to save time, and it can serve as an informational meeting as well as be a public hearing. Commissioner Field noted that he was s�vayed by Commissioner Kramer's argument, and would now vote in favor of the motion. Mr. Ford, in response to Commissioner Field's comment about staff action versus bringing it to the commission, reminded the commission that staff has a set of criteria that was agreed upon �vith the commission when this arran�ement �vas made to delegate authority for site plan review that we review by which we determine whether or not we raise the issue with the commission. He added that when it is brought to the commission, it is only to ask the commission whether or not they Fvant to take it up or not, and they always have the option to say, "No, you can handle it." Mr. Ford's opinion re�ardin� this case is that it can be handled �vell either tvay, and wi(1 be done e�ciently and fairly straight fonvard. �5 - «�o Commissioner Geisser noted that she has been convinced that staff should handle this problem. Si�e wi11 oppose the motion. Commissioner Lee supports the motion. Commissioner Chavez supports the motion. Ms. Lane noted her ambivalence as well; however, she also noted that the need for a public hearing doesn't seem as apparent a, it seemed a few months ago. Commissioner Morton supports the motion. Ttie'iao£ion':"a.'r�:.t}te•:ficicir.eai�ie� can a:uiiice'��te. Mr. Segat, commented on the afore mentioned issue regarding the Grand Avenue Commercial Parking Overlay District Plan and the "rule of 5," and the business group recommending that it not agply to existing businesses. He stated that normally nonconforming uses apply to the use, not to o�vnership. VL Comprehensive Planning and Economic Development No report. VII. Neighborhood Planning and Land Use Ms. Geisser announced that there will be a meeting on Tuesday, July 25, 1995, at 4:00 p,m. VIII. Task Force Reports Chair McDonel! reported that the Work Plan Task Force continues to meet, and he expressed a positive affect from their meeting with Mayor Coleman and Deputy Mayor Pacn Wheelock at which they discusseA the role of the planning commission. The commission will now develop and present a work plan to mesh rvith the administration. Pam Wheelock will be asked to be present for and respond to a discussion of the work plan at a fiiture planning commission meeting, perhaps in September. Mr, Ford reiterated that the meeting with the mayor was a positive one, and that staff �vill continue to work with the task force to refine ideas that came out of tl�at meeting. Mr. MeDonell also reported on the Downtown Urban Design Task Force. The task force has had a request from the city council to make a recommendation to the city council on repainting the downtown skyway. The memorandum including that recommendation is dated July 13, 1995. The Riverfront Task Force will meet July 26, 1995, for a touc Mr. Ford noted that Mr. Bi1i Morrish guided the task force during the first phase. During the second phase, because oi the intensity of pro}ect activity and interest in the river and the complesities of the issues with the relationship of this area to dotivntown, it needs to be a very strong effort, and it needs to happen in a very short amount of time; so we have chosen a consultant who Mr. Ken Greenberg, fron� Toronto, who's very high]y respected, 3ntemationaliy, in issues of re- urbanization and nerv uses for urban areas. Currently, he's in the Twin Cities working on a �5 - po(n� new master plan for both campuses of the University of Minnesota. IX. Old Business None. Mr. Ford reminded commissioners that as of July 1, 1995, an application wi11 be automatically approved unless the city has completed its determination within 60 days. So we need to be very clear on how we're going to handle future cases that have potential of becoming controversial. X. Nerv Business None. XL Adjonrnment €a.:ail;�aii.rri; secondeii"Ii3r Gtriai�i3ss'torie�.Fiet�f c�rt'ied ia was adiourned at 9:55 s.m. � � Respectfully submitted, Approved (date) Ken Ford Plann9ng Administrator �Ianninglminutes frm Barbara A. Wencl Secretary of the Planning Commission 7 .TI 11 -1 �'7-1 `'��1.5 1 4: l4b }-HI IPi l 1 1 Y H 1 i 1 IHSVf Yb 1 lF t t r 1 t �rrnn. �+ r v.- � - � � q5 - l��D 1vi�I_A�3GHLIlY COi`�StiLTiNG S�RVIC�S, IN(�. U00 Gulf Sculeyard, Suite 3C3 tndizn RoCks Eeech. Plarida 346i5 Ph:$331595-7634 Pax 813/593•9581 January .tQ, 199� 9441 Randa2l J�.B. 'F;gue, Esq. Aztomcy at Law 2620 Nicoi3et Fkvenve Scuih ?vlinn�apoiis, ti��'�., 5540E. i7�ar M:. Tigue, . Re °ca darv �ffrcts F1oiti•ntown Book &�deo, Rochester. M?nneso.a ih�rs�sant to your reques%„ p�ease accept th;s ]etter 2s a prelialinary report on rhe .. r,. , 155llE Oi ��2GFCI5�' &ZCO�Cj2F�' E£fCC�" :.S Il]C�J :tclwid CO ir� i,.'07ti72701tr; D'.iGn. c� �i'u"d0 SfGTB 7R� Roc�cs:er, �1i�ycsota. .As you are awa>e, t�e are i;s the process of p;cparin,� a detai3cd p1an,�izz� Review� to cozs;de; w�ether re� :12tion of t�e sto;e as an Adult Use is appropriate. �n the rr.�eantime, this Ietter �ti�!! serve as a prelininary repart on che issu�s of pzoperty values and dert�and for police sen�ce=. 'Tp p :tJ}7GiiY a2llu��`Zt Ci7C t{{CCI Of 8 pEitLiCll�2S �2171'S USL OR U�lEfCF�lt2 �I8152llI7� `actors, it is necessary ta compare tbe effect� oi the s.�hject 3ar,d i�se wlfh "co;�trol uset". i ne control usas are eith uses with si�a: c�aracteristics, ur or�er iand ustis �vt:ich righ; i�e prob?zsnar;c, anti wnich shaw t�e nature �f "adverse cecnndary efiprt=," suffered by generic Cosnmerciai opera�ions, vritbout re;�d to the type or coatent of :ce busiaes�. In Roc�ester, we are doi�g a tu>o level �alysis. We �ave looked at 2lotsl o# t�ree contrai uses, ta compare spec'u�"c prooerty vatues a�-�a calis ;or police service. We arc fiuchsr considering grogezty v�lues in ehe araas af the contrnl ases and in the area of Dnwntoxm Book & �"uieo. Tne speci�c consoI uses tonsidered aTe: r:,nrisr;a.n .Rc.�k�: ['i� rhop, R15:�S. k�::sau�ay ,�lodwuster Ij'�tleo, 455 11 Ave�ue N.W. t�onk Review, Dl S ?� �IO2dw t�ownrown �3aak & Video opened in trie sum;ner of �942; sb chzt properry va)ue c�zia for tl�e end of 3942 attd �ae end oi 1993 (tbe most reccnt avsiable,) :re relev�nt. S'oice aata were provided £or a vazieYy of perods, and were a�aI,✓zed foz' ihe one year period e�ding iZ(3/94. pRn8E12TY VALIJE DP.TA Progeriy va:ues ac 17owntown Book mtt! iruteo and at two o; ine three con;rol uses rPrna.ined constant a8er the Dax:raawn Book was opencc�. Properry vaIues a: Cl;sistran Eoak Store iell �.24°so. `Fhe psoperty va:ue anafyses af the areas is sti11 undenuay, and wiL be rcpor�ed io you shori3y. � �Y'� �,�- ) �� ,,.ilU-19—'I'39S 1A:l�l=a FRfUd CiTY GTT�Ir'.NF`fR iiFFiCF TII 5//tin.5 n r.v. � � ± q5� �o�o Xandall D. B. Ti�ue, �SC,. .TaY7Uafy IO 1995 Pa�e 2 9441 AccnrdirQty, t;�ere is r,o evidenee that Dax.�Ftox-r� �'saok & �deo has had ar.y secondary efiscts related to p*o�e:ty vaives. POLICE T?A'�'A Po3ice data :o; t�:e areas o£L?oxnztox.n Boan � Y'ideo and t2�e can:rol us°5 have nog yei been p:ovided by ths City Police laepartmen� t�at ase eapected nexi week. Data foi the individual �usiaesses aze �,s folJows: 17owr1oxn Bock � Vutec had iS ealls faz po3ice seralce in tUe per3od ending �2/3 jR�. �£ �hese ?� caJis. none related to ibe s�ecific natnre of the busines_r, four �3•ere ir,cider.ial (�ssig�ed to the add*ess �ut not reiated ta it,) and 21 �yere ca22s any busizess cqulci ca�ez:e�te, (::`'c burg:ary/slarris; fous shopliftisti; oae trespassir,g and onc thefr, otBer). In tn� same n�riod, Chr',srirv: �ock bad foLr calls, one inciden?2I. 2r.d three tha� a�zy busines: mi�nt e��pere :ce; Blockbrc.ster �ad 18 c�lls, i�cludine four incidentai calls zz}d 1� calls t'vat auy LL��ncss cc�Lld ehperie.nce, (iscludir.� n��o suspic;ous circur�tai:c,��, pne sus�?ciow perso:� one robbery alar.*,a, a�d one disordar3y conduct); and .�ook Review hzd t�;�fl ca21s, boch o# which aBy busiress m.ig�t ea�er:ence. T�us, �vhile Dow�sro3sn Book & Yuieo bad a�i�er demaad for police services than did rivo of tBe conuo? uses, it kac� a ai�;nii:cautly lowcr demand ttaza did Bloc;cbuser c�ideo. Fu,-iher, Blotkb%tster �ad �.tore se:ious i�cidents iricludirg ihe robbery, tha suspicious p�:sons or cireumstanc�s, a�ti xhe disorderly conduct. Accoreingly, thez� is no cvidcnce :baE Dou•raox�n Book & Tl'adeo has an inordinately higb dez�and for �olice ssrvices, or seconda�~�� effec?s ;eia?ed to crjmin�i activity. co:.cz.r�szo�r �3sed on :h� research conduc:a3 :o date, t�ere ib ao eti-idcace of adverSe secondary effecis (declining property values or increa<_ed de�ands for palice sen�ices,) associated witb .t7o�ntown Book & Y.deo. Yours very tnily, Me�-au�alin Co;sult:n� �erv:ces, Inc. (� Jj� � rJ"�� R. Bnce'vlcLaughli�, AICP �resident RBMc�.Jm �rt?/9aa��z T�TAL P.03 Council File # � J � e0 � Ordinance # Presented By Referred To Green Sheet # ��C RESOLUTION CITY OF SAINT PAUL, MINIVESOTA � Committee: Date 1 RESOLVED: That application (ID #54616) for a Liquor On Sale-A, Sunday On Saie Liquor, 2 Restaurant-B, Entertainment-B, Hotel/MOtel to 50 rooms and Hotel/Motel over 3 50 rooms I.icenses applied for by IDM Properties, Ina. DBA Holiday Inn St. 4 Pau1 East (Dennis Gi11ey, President) at 2201 Burns Avenue be and the same is 5 hereby approved. ��—� Requested by Department of_ O£fice af License. Inspections and Environmental Protection B ��- �� Adopted by Council By Apps By Form Approved by City Attorney BY: � {� 7-3r-95 Approved by Mayor £or Submission to Council By: Adoption Certified by Council Secretary Bill �unther. 26 qs-1� GREEN SHEE �� 4 $ 5 8 INITIAVDATE INITIALNA OEPARTMENT �tflECTOR � dTY COUNqI CIN ATTORNEY � CITY CLERK BUOfiET DIRECTOR � F1N & MGi SERVICES DIR. MAVOR (OR ASSISTANn � wn T # O F SIGNATURE PAGE ( ALL LOCATIONS FOR SIGNAT IDM Properti6S, Inc., DBA Holidag Inn St. Paul East request Council approval of its application for a Liquor On Sa1e-A, Sunday On Sale Liquor, Restaurant-B, Entertainment-B, HotellMotel to 50 rooms and HotellMotel over 50 rooms Licenses at 2201 Burns Ave (�i54616) _PLANNINGCOMMISSION __CWfLSERVICECOMMISSION _ CIB COMMITTEE _ _ STAFF _ _ D1STRICTCAUR7 ._ SUPPORTS WHICH COUNCIL O&IECTNE? AOVANTAGES IF APPROVED� AMOUNT OF TRANSACTION S PERSONAL SERVICE CONTRACTS MUST ANSWER TME FOLLOWING �UESTIONS: L Has this persoNhrm ever worked under a contrect for this departmen[? YES NO 2. Has this persoNhrm ever been a city empioyee? YES NO 3. Does this person/firm possess a skifl not normalty possessetl by any cument ciry employee? YES NO Explain ali yes ansWers on separete sheet and attach t0 green shee[ �iOL'fiC� ��3��;�tS �ii�'3' Att� � i9�5 ... �_____.�-�----- �.� COST/REVENUE BUDGETED (CiRCLE ONE) YES NO S011RCE ACTIYITV NUMBER MWRMATfON: (EXPLAIN� qs _�� Greensheet # 30858 In Tracke�'? L.I.E.P. REVIEW CHEC6�LIST Date: 6f21195 J ApP'� Received J ApP'n Proc License ID # 54b16 License Type:Lia-On Sale-A Sunday On a�P ReGt -B F,nterta;nme CompanyName: IDM Properties, Inc. Hotel/Motel to�.�oqm� 50 roc Business Addresss: 2201 Burns Ave, 55119 Business Phone: 731-2220 Contact Name/Address: Bruce Chesin, 2201 Burns Home Phone: 731-2220 Date to Council Research: Public Hearing Date: �i �' 3 j �at 1 r 'f `� Notice Sent to Appiican� ��i�l9J m Notice Se�t to Pu6tic: 7/oa�L�`�--_ �� fe� DepartmentJ City Attorney Environmental Heaith F��e License Poiice Date inspections �,-2� � I�� 'I- �-- r � '7- � q -9� , f��/�s' Labels Ordered: 6/23/95 District Council #: � Ward Comments �i► ��'- ��.� 'U��- . � o� $a- �� Site Plan Received:_ Lease f3eceived: Zoning �- �.� o „ of �r' ��i�i�� . . Ci i : Cs �'�-- • �'ti u?\��SQTn � � ` � Gri?C� GF L:Cc�c�, ?\S?�C:=CSS :�� ESV!30S"._�TAL ?R0:=G7iCV r??L:C_rtCV :C= CZ SP.:3 i�TCX?C::7i�C LaQbC'R 2?C=\Sc c� �_v ��. c�t __. -n;:3C:..?�G Lt�t:C.� t IC�15� ?`;-G?:=C;:=_. - CLli3 L:.�.�L'C? -_Gc•'�: �"� �''-- ' ::?C>:__=.7=�;G _:C�L't3 _:C�.`:5? t:: $-_� ._:__ _�':='��.G� ____: 5? G:: S:._= _:\� _:CE\5� .._T2CL:C^S. . .CS CS': .YIS J C.. .. . ..,._� Ct�i DI :..d� . � �� a��.{ � : � C• �+''�-�. ' _ ' ':;�_' '•: �]ft "_._�.a ..-.� f?.S :\{_=,LC. :\ _{[_�S �,� J. ��.. �' � _ "_. _ � � ' _ 1� -p... r�[C:..:..lt.t �ij�'. :.��1.: n �n �..1C.' -.. ..�.� �' '., ��C�� .�_� � ._�lL�. TC _' -f1_'_ T " _ = f .- _ _ _ cv _ _ = '�. '_) -.:�?.t�:`_c� =c_ (:;:z c_' !ice-.s�) Rn calP Tntoxiratin�Tirn�nr Ti�ansa 2) _ccacz= �� ('��_r_c�ss a�_rzs=} 2201 Burns Avenue, ST. Paul MN 55119 c p•cc . \�_=_= �z-_ -.=2 --:zc:'_cn � ) ?'_ �' -<. s : �-., IiY.�1 Pro�rties , Inc. _.._ ic ='--�---. :�.�r.<._., - _- -c'e r_ _ •=[,,:s`.'� -)_ '- =---..ess _s _-...-. .=_�-, , ,- ca.e c' _..,_" 9/29 _? 9a �) �_:::g 3___-ess ;s Holiday Inn St. ?aul/East 3uscr.ess ?-cr,e = 708-333-3120 c) ..a`_? c.. :._—e`s (`_' ,.__ �-.c ca ---- ` «-=_=-, `e: a:� -.e_s >J 171fl0 S. Halsted Street Sllinois S:�L. =; ; e _-=ac=__.. 60426 =:� Cccz i) ___r .a-._ �r._ . John Robert Gi11e� � Treasurer (::=::i :".'_c?-e) (Y.a'tce-�) iLa_<;) (=`_t-e) o) -o=: :?c_sss 1800 Westarn Avenue ?..c-:e = 708-798-1109 5=3'_': '__-" '�e-e ,.-_ ,__ac[`_cn Flossmoor, IL 60422 C:-v �czce =:� Ccca 5> .,zce o= =-_;:, 10/24/56 ?�aca c: �__cn Hasvey. IL ....n:'+. �a� . - \�=`- 1C) :._.. ;�c_ e c::_«.� c; ,...a .c_.ec S:a__<_: YES `'ec_.�e ':_:_-`---'� -_ ..�t..-`-_:e . , __ese __�...__ . _ee; „= r t..cz__��i:o:: .,_ v�lic co__. � .0 -=`=�-..= z--.. <_c<<--- =(s-. �cccres-.=_ __ci .._-...__.:� 5cacu�>_ :'-01=D2=, �o c� s�le c. G'- c`te _=c_•o=�-_cec== -.aJ o_ _ss_ec co �-, -_ -:o r...t a L'-:c_.. S.z�es c:cc<e� e.- :e=_ccen� z___...} -_) Y.arr<ec? Yes .; � -- . . -._. ..z � - _, z..=_'_ec es" c.e �d eccress c_ :ec=_e. Judith L. Fink Gilley same - been cenc:c.ed o= 2ny -e]e::y• cri�e, or violatiea c: - -.y c:Ly c*_cir.ar.ce � y} -.ave �•cn e•:e_ -- � Y=5 ?�0 X c�::a_ ..:a:'� ,.=`-==c. � ? '..: 2 z e �g�e c_' �__�5� - CCIc i "y2 �c'LcCC2 . : �tll... �«n - '- _. L'ne_z c= a__=5' C=<_e S e..2e-... Cc-._c�_... - - --' - 'sacs - c-in -._ :!ecro ==ea c_' _cc6 r..o:�l 2�) ? i<_ .:._ -�-.es r-8 =es'_ce:^.cas c: �:_- �-- - " - c r � - : , - -<; � _" '" b:c'� :O 'C:2 '7?_:C2..' " "..c.`. :'=-i :�.c_c5'c' ':1 �.2 "_E..."c5 C' C'd_<C_2:� •-... .c' • ' . • '. « �!J .G� 1C1Z��C� LO LS �� a�� G�i��CC l C G�GCI��. "5�"c_'' . _ r.S \: � ,`� Bruce Chesin 22Q1 Burns Ave., St. Paul, MN 55119 g�-ry Johnson 1028 Jessamine Ave. East, St. Paul, NA7 55106 � azye � 1358 E. 9th Street, St. Pavl, MN 55106 '�"� -=5` �'tc-c>g '-..ECJ �'^.' C"'v .t� ,.�_,.. CC .D_ ._7 � c_ . CI .c� ..c._ L.. _'Y"cCzS_ _.r. Battle Creek Hotel Associates, d/b/a Holiday Inn St� :� �•_ �o x _�� ; �:� - L.._ �:C3.'.c25 �:5:2C -� . _ '.. . �.. :�. c':c' "c7 'c..'.nc. o __ __ C= -= z;•`'e= _s �es", -=s� �..__ �z�es z = =_�_cc_ NJA - ' . - - _ ' _.. ___<cc=s> =-r`c-._? � � __ �a -�- ---- � '_`_= -:. _z ac=-= .o c=:=`=__ c' .�, m�nager ---- .--==es> see (17) beiow _r.c;- ?7) . _ _ _ _ <<�z-;. :z :':'_s �::_:__�_? yes -3 rc_ t ::� to :.2�? a �z^:a-="' c_ ass'- __.._ '- `::s'.- _s ..=`• =- ` '•= _• : ar.._ `===-`-s. zcs ce�_ .,_ bi_��. :la- BrUCe Chesin ;c��<s2201 Bun�s Ave., St. Paul, MN 55119 - 5612) 731-2220 -== °_ 5==c' 7/5/47 ?E) =r.c?ic_ ;'ca: :ese-.z =_si-.�=_s/= =�-. -�.a: �vsiaessJ��:�?c;-.za:. ..a�•e � - ;c�2c-zc .^e , :_._ ;eecs? n- c,•-er,t =.dcress Inn Develo�nt & ManagemVnt, Inc. 17100 S. Halsted St., Harvey, IL 50426 � 19) List a?1 ot?:eY o�iice:s of tnz corp�= «'-01. Np`!E ?iZL� (Oificz Y.ald) :��:5� ��•%�rSS 2312 Golfview Lane Dennis C. Gilley, President Flossmoor. IL 60422 i 7� � ilartmovth Rodd Thanas C. Carlstead, Flossm�or, IL ;i0.`!� Fk:O;v: 708-957-7974 -3120 708-799-0288 708-333-3120 John R. Gi11ey, Treasurer Flossm�or, IL 50422 708-798-11Q9 708-333-3120 20) i' ousir.ess is partr.e:snip ?_sc per.;,=r(s), aC�ress, honz �nd business phone r.w:�ber. ti a,:. e F.c^e _;c,=_ \a^e :.O^6 a�.0^2 -_�:�ss --_-cess ?c:o^z ,-.,._rzss "_'..255 .�: OL2 21) L_acor �-i?1 oe ser�=d i� c^e �o?lo•=`r.g =-==s (roons) restaurant lounqe bancruet rooms 22) �2t.ezn �-�zt c:oss s;.:e�cs is bvs'i-ess ?oca.ec? B�5 Av2. & MCKnlght Rd. :. s:ca e' sc.-eec? SE corner � 23) :.ce preaises ^ov eccc�iec? Yes .,..z[ ..;?e o� ousir.ess? ho�e t �.. ��...�? 1983 Saint Pascal Battle Creek Middle 2a) C?osesc 3.? ?�=ce unlmown C`�-rc : 1_757 Co[iwaV Street Sc'�oo! �� N Park Dr;va Sundance Bowl Continental Liquor: � i^cox_ceci^ iicce. �_'ce. C:� 5=1z 2445 HudSOn Rd 0': 5=?e91'�l Hue�s�n Rrl_ 2�) C_o=_esc s 1� ;' i _c�_o: D�slers Tax S��r.��. (See :ctecced) 2b) `_'ou cill �z :ec��::e�' :o eb�a:n o �e�a_: r\1' .-.is?�i�-:iC' f= =\C<.;Gi$ GtV�\ C3 �!i1=31nL s':=M::?�� :,,, .=,=s��_ :� �:.�.-.� c: _-:s :.:�� _c�=:cy -� "'=L i:c�2 2.'.S'tcL'<d 'c!! G_ L^B E��v'l'2 �tic5L1C^5� E;:� :�cL LP2 I ce.ebY s�zca u..cec o�c:� �.._ i . - � _ 1'i=0:.2ti0II CO��c:^2Ci i.c:cl:l 15 �:-e c':C C0==2[L LC u.2 �D°_SL 0= ^ t��O�+�BCSZ ..�C'DC�SEl. t _ _ .,,•,-z .-ztei'�ed r.o r..c^r cr c�;.er coas.cz.��io�, 'oy 1.c_6D7 SL2�2 -1::i'c_ l::'.C2t Cc�ll L�:« . , J� ".` .:cj' Oi }Cc7. �?T_L, CC'.iY-JL'::0:1� OY O�T.=_'-'-CP. OC.Ic� Li1cl 'c�Y2cGj C15C�C52G� 1'1 ' cYD�:CdL�O^ -.. ? Cc:c�_LPl SL„-._�Ccfi. $ L 2 L e D' .,''��. .,�",�,��{g;) 111111015 ) Co�-�y o= :� ? Cook Subscribed s,.e <_•-o-a ca Sa=o.re r..e chzs, ��5f zzy o� _ an�.t�tv� -- 7 O `JS � � tio[z.j ?uSlic Cook Councy, :S� �L � c�c� � �, � f 1�3�f`�S Si�,'«urz o> >> - - f D��e "'CFFtClAL SEFiL" Nancy E. Warino Notary Pub4ic, State of fi;inois My Commission Expires 9/1/95 G1s—do� B�JS1�'cSS PHO�c ,, .. 9s=1 Ci7Y CF 5:.::;- p�l'L, Y.i��SDTA 6F: _C: G� L:C=\c: � T.;�S?=C?:C�S :�J �\'VI :C:�.`:�VTAL ?RDTEC:=C\ A'riL;CAiiv 'C� Oy 5=.:= =KTCX?CP.?_�C 17QliC.g tTC�\5: c;.'C`: Y C:1 S? y�\-��:=;=Cr,Si�G t z�;_p� t?�_`�c� J ;.`::C•:LsC-='\ CLt'� Li4ti:R L=C=:`5= C:• S"'-- _::T�..__-.. _i4�CC3 _iC3.`:53 C:� 5:--� •_.= 5?';_.,::G� -- --: � SE �'� c' : \= ..:C"c�c� . - =s -c�u ;-c - - >> c� --- -�=- =._-_� c� �. . _�; _.;z �:• :=:_ r__@CL:.C^$. : . :D _ _=.:��]. _f�J �l.Y .�� =��j }}L.'.1�. Lti�_.''(._�� C'.� ' tl'�� C-�....., ... -�.� :..� , �' � � �.. ' _ :\ .-= G�SPC _-.:iC: P��jr ..::�C?.:__,,.. _. �n_C^ -,-,_ . =�= C= "- -'Cc\:? �__- __ " 5`cD' �c - -t:--:`; -S - - =�? - '_ '_ _" - ' - '__C '-) -_-.�_csc_cz _..r (c;;e ... __.e-sz) Cln �a1P Tntnxiratin�Tirninr Ti�=ncP 2) Lccace� a� ('��_s_-==s �._r==<) 2201 Burns lavenue, ST. Paul MN 55119 rv::-. �..-'--- Ca-.� -' �:rzct_c� �) :-__-.ess ::ar.= ID>7 Properties, Snc. �r--:a.__r.. . - -- -�-_ •:_--__cc._r.:� -- --- - c_ c' _-cc - _- _. 9129 _? 94 =). - ____-:=s :s _-....- :_-_ � _-�- -_ - ---- �,,: __..<<-_� ;_5 Holiday Inn St. PaulJEast 5•.:s_r.ess ?:.cc.a = 708-333-3120 => -- - -- - - :� Uc:� LO .:.."c55 �" """"'._ :..SC1 ]"' .c5> c ....:2551 17100 S. Halsted Street 5=.,=�. . _..e_ . ac.- -• -_=ec==cn Harvey Illinois 60426 �: _.. Scace -c? Ccc=_ ._. ;� •.�__ ;_-_ �..� ,-_;__ Thomas Charles Carlstead ` � 1 �`� ( '"'`J lV-`-_c} �) : c=e :.? c= e s s 1211 Dartmouth Road {-'---. ._...e_ :CZC= Flossmoor, IL 60422 �:-� �Lc:2 ' '` �:_L_=� (".c;Gc'�� l=�- , �-=-�.ica _�� Ccc=_ ?-.c-.e =7 08-799-0288 5) �ace o' __. -ch 11/24/51 ?_zce c: ___.�� Chicago, IL ..0 �.. • JL� � � -v� "-" . .. < C:�:�c:: G_ ::':c :..^.?i?C �ic;c5? VBS ��c;C':2 �'c:"`"'cC "-a z.c, �se sc�::�:� ,rcc: c_' nzccra_�iz�::a� c; ,-a?ic ccc•�:=^c�._ca ._ __ .. ,.-_ _- . -- • v:__ Sczc��:e :'-0.'-�=_ :. �o C:; -``== °= _e=icer.t et_e.. _.ac'_=• x(�.^. �cce_car.ce •-c�:: .._ ..: C-i S� .cJ SS�_2C :'� Gii�' � ��O 1S .�l 'c l. :L'cC Sl'cL=S C'_i_L'c.l O; �.'c c'e _C".' "CE'S= .. ..' ' 'ES_C2 �: c::�.^..� -t) :'z==•:ec? yes ,_ -. _., ;es"� ='--c -erz znd a�c_e<_s c: s�ecse. , _ zas Leslie Sin er Carlstead, same >� �r1�� o: vzolacicn o: �r.y ciii c*cir��nce • 2) ..a•.e } e�:zr '�eza cenvic[ee c_' - .^.y __ eny� � yrs ?:0 X CL,'.2� i':�;1 L:Sii=t� ' �� cS2 1�.�Za ..i c_.=SL _. ��c+`�� ,^:ic'C2 � CC:.•.��_... ;o L`�e_e �ec_ c_' �r_as " C : e' S'_ Sza:ac.c _ - Ccr. _..:_c. . => y.e�.o :._« c_' ;x�d r..n.a? _� - - -- 'scr.s '-' �: c� :.. _ _;� __ ::: ..z._ �.._ res_�e�_- c: -- - -_ : ••, _-- - - _.. .r._ - � ;�c � es - •:__' -_- ' - =a't:es c' _ -.. - .�1_ -.., �_ :� =rc_zt_� ' �e_2=.ec ....z:ac:z_, c.c_ _e_�.�: .,. ...z - �_ _ - - - 'zr:z? �o �s :� .:._ �_.?:czn�'s c^z:ac�e.. __<.-_<<, _`:o �z� �_ -- • • P.iJS1SS �:�.� Bruce Chesin 2201 Bwrns Ave. , St. Paul, N� 55119 gersy Johnson 1028 ,Iessami.ne Ave. East, St. Paul, MN 55106 Jane ESmer 1358 E. ?th Street, St. Paul, MN 55106 =_�) - .s= - =c;-_es --_c: ;'� �-===c.�_. '_ °= - °--`_ - , ..e:d. c. csy .._.z a.. _r.__es= ?n. Battle Creek Hotel Associates, d/b/a Holiday Inn St. Paul/East .._�_ _c T,..a-....�r�t�nrt t.;rniors License, E'xpSe 1/ 1/89. '� `.. ' c 'c3.. :=':C�:�� __ :�O Y' _i� .'.cti? '� Ci L^o 1:G2-c�c _�c:cC .�.i . ' ' ' ' '� ,. -= _„ =_ :s ;es", -':sc �:e �a�_s =..c ce�_o-: N/A -=� :_e , _c:-� =a : =-`1- -'-` �_=_c-.:ss -__--��_--- � '_ -•.._• --D ---= c-_czc_ _,.. . �. V' m�na9er -_r.._ -•=.=e`s see (17) below .-: c-:e .`._--- z_s=_ ;s :r..s _�s_r.ess? yes =/� '- ' � .�� O ,'.E'�_ c 'c' �_�_ �_ fi � .. _ _ ' '�... ' �i�� i �.� � C Ci< C..0 �C�� v ` Z .C� ��i t,�L.t.• ��i�� .��..�� '-� �� n♦_ 1 :; a-.> �*uce Chesin :✓> _,��:=:s 2201 B�rns Ave. , St_ Paul, MN 55119 _.. - {612) 731-2220 :_= o: ===�� 7/5/47 ' -_s-:- e- -r.« b-osi-:e=_s/e^:.:c,-.e-_ :�:z , _ �C� _..�:l:C_.�-1.� %..L J 2=c�.._ . $�c .. � • �CS��Gti _v_ :L2 :25L .. .__:S? �::5:—ncc�_-l'.�C':_='_ �CC_T'S5 Inn Davelo�nent & Managettk'-nt. Inc. 17100 S. Halsted St., Harvey, IL 60426 ,, . . 19) List z?1 oche_ oificers of the corperacicn. ;�su� TiiLE (Oi:ice Y.elc) 2312 CAl£view Dennis C. Gilley, President Flossmoor, IL 60422 - �t _a Thanas G Carlstead, HD!!a PS:O!�E qS - lo� BLSi'��SS P'r,Oti� 708-957-7474 708-333-3120 1G11 t�uiu.vu�.. ...�.�- Flossm�or, IL 60922 708-799-02E 3120 � lOVV WCr�1G111 P��+++u� John R. Gille}=, Treasurer Flossrnoor, IL 60422 708-798-1109 7�8-333-3120 20} i_' bus.^.ess :s �arccersh'p list p=z:r.e"(s), =cdress, no::.e and bvs•:ness phor:a r.c-�ber. N�r..e ; cr..e ?:_crz �a-a 'r,c^z P,`.or.e -._�:ess ----"ess .^o^_ ,.�c:zss .,__:�zss _ icr.a 2?) LicuoY _i11 ba szrvzd ia [?:a *o?lo=_c.� z._es (:oors) Y�gtz�Lr nt l�nnac= han��aY mnrns �?) „_�c�e� �_..ac c,oss <_crze�s is busr.=ss !ec_.ed? Burns Ave. & I�ScKnight Rd. t'�icn s? cz c: s �. ze �? SE corner c„e o� Scsir.=_ss? hotel 23) :.se p=e,; ses ^o� occc?:ec? Y es ....�t , t � . ,_�..>? 1983 Saint Pascal Battle Creek Middle 2�:) C?csesc 3.2 ?lzcz t�rnrn•�^ C`�*c:� 1757 Conwdy Street Scnoo? 2122 N PaLk_ D_Y'3�LP Sundance Bowl Continental Liquore ?5� ��oses;. `_a:ax_czci;.g 1•_�uo: ??ace. .� Sa?z2445 Hudson Rd. 0_s Sa?e21�H�ds�n Rd_ 25) You -i11 '�z .e;u'_red :o ob:s�:n ��z:a; t_ vo_ Dzz�zrs ;sx S.�r..? i\1• ::,iSi:iC:.jT�\ �- ._�S._'S CS�'L�' C� u:iG�?:.5 $l'3'!= 1�D .:iLL .,�Jlii= i\ �c\_-_ C= rZ$ .??L;Cz�?GV (Sea -.�ac'.^.ac.) T t"' �'"-c'cC 2L� 0= L:^.2 c�GY? OL'c5L10�.5� c.^.G� :�!7cL L.^.c I ne_eby ste[a c-ce_ oa�:� c:-z� ._.e .._ _' c . ir.ior�acioa co-�cz�rzd hecz':n is c.cz e-c ...--ect to "^.e bzsc o= r..y '.�ae•�lecgz ^c 'pzlze� i'�areby scFtz ,:u_ccer c�cer oach :::aY�a =`cei'a2d r.o r..cnzq os o�;,ar cons_ezrzcion, by -, -'- �o-.�._��__�n, o. o�:,__�.,��, o��e� cr,�, ��rz�e, a_5��o5�e i, �r.z _sy o< oza, _-- '� r a�,plic�c>on �h_c^ i 'r.z_r-z::; s�.:b-.ic�ze. Stzcz o= �,ac1 Illinois � Con.^.ty o' �_ '� ) Cook Scbsc. and s-o to �e:c.:e r..e c`is- 3/� a� o� C' :,� '-° 9�' �.Le C`. Y.��:�-� �O:cLj' =L'JL:C CO��C COL'::C�, :,��.,� � 5_�aa�urz o' :.�a?_canc / Ds.e Kotary p� F War�a 'Y � �ko Bo f (ltinois Rzv. 5/S2 : . c:;': c= 5=._.. ',�, v:��_so.., G::it= G? L:CcSS�, I.`�5?L�:'_C\5 ?�7 E\1�:30ti`:_\Tr.L P.'�OT�C?iCV .:_?L_C-:avV . CV S-•_: _!:-C:{'sC=7eSC LtQL,�.� t?tc�c: 5_S:=Y C:V 5-1� ' �_K�;.p� i?C ;�cE _,=G}:=C3aiS� C�l'S L:QL"C� :zC=SS� ,•� �c= C:' c::fi _`'•aC;::��=:"s: _?GlC3 :tC"' _ c:; _:.__ �=.-_ -`_•, _--_r c:r s-_= .:�� __c_�s� q 5- 1e� ., rzct:cr.s: �r=5 FCi': .`:" — ---_J OL- _- 'c-.ss:c3 CR �� :3eS::::v" =V _.::{ 5y .-:-:y �•t_ C', _�� . '<t� '__.?tir , __ ar� '_'SC:i '_?.0 r:.S :\'=?=c= _\ . '.c:�55 C'? °, :� --_ CC",:i.'v.:=:.. ._:�.n3 :.--CCs:-•-`-� _.. .:r.:C- -.-._ :C=':= CF -'- -sCc�Sc '-- i- _� _55�=?. ' c - - - cv - - ' 'r - -'c -- _�c - _ _ � =L? .� _ _ - '-- �-) -�?_ccac_c:� '.._ (_;•'.�z c_' _iczc<_z) ^_,-- T^'-.•xiratinR T; �,,,,- ric-Pn�P i) _ccecec ac (��_=:r.e=s acc.ess) 2201 Burns Rvenue, ST. Paul MN 55119 c?p,c_? �..-�-_= tia-.a _. =z ._rec:_on ;� ---- .,� � �-_ IDYi Properties, Snc. _ . . Cc .e:.-.____':'. - -= -c2e .._- =)_ __ �_s'..ess `_s ....,.-_ :=___• _ - �'-_ °= --.r_ :_:__. 9/29 �? 94 :y �__-g ��_s�c=ss ;.s Holiday Snn St. Paul/East 3;;sc-ess ?r.c->_ = 7D8-333-3120 '�- :�"' �C n,."c`5 (" ""c'c'.: :'.EZ "'_',cES cC,'.:cnnJ 17100 S. Halsted Street 5=..---. • -=.�ec . _._e ='.•' = = Harvey Illinois 60426 S:a._ -=� Cc� C: , _ i) ''c::C . a-._ a-.,. . Dennis Crai� �G'�1�� President�!__ (S:_>.? (..it�_e) i.°-a_c=-,) t-=`--i (::t_e) E) =:cr=_ :.�cre<s Z312 Golfview Lane c-oc.e = 7�8-957-7474 �",__': .�.._:.�c_ .�i:C? '� - �_IcCL2G:] Flossmoor IL 60422 C: S:.z:e =:� Coce ;) ..�ce o` �_=c':� 6124/46 ?1a=e c: __.:n HasveY IL ..cnca. , _ 1'ea_ es `'c ?'2 '- -- =v� .-._2 �C.. i [;::Zc' C_ :Gc .'_CcC CLE:c., V • "• � "'`"" ,^.""`!'`aC 'c`Se SC��':' L 3=CC- :: ..ci�Ccl:ZcC:G7: C: �'c� 1G GGCL'. i C_ CcS:L�'L CS�L7 ��Ci�..S. X (':: cC:O. _L. :'.'_LGc50�c �LcLL`L6 ��.6'J�[=. \O C.^. $E�c C' OL: S��e �:CtiD= _cCE'S°_ C' J_ :SSL'cC LO c'� '._ -:O SS '.00 c...._L�.. SLdL'c5 C C; �l :e<_:ce^� ci`_�^.) -e) •':a==:ec? Yes •- z `'s= :s .'zs•• ?:_c ❑�^e =c:c ac�. C= �?DL'S2. Elizabeth Moss __.��y c.yr..z, cr v:olzcicn o: a�y czcy c.c;nzr.ca �EE� CC�ViC'=6 G= E7} -' � _ •:� �'L:] Eti2: ' 7 �O X ..� ' 4_S G� �2: ..'.E:7 LIE"'C. �,'272 ..cL2 C- £Z=25: � �^c'.y2 �_^ CC � :C�=�� .�e � S:�cS' '" 472=2 Jc�_ �'- C':£__= �2'�2'.i ' Cr,::::.:c. v"' _ _ cd ' -'-� "._:] -' c..D :.Ycc C� "' _-••c:.`.5 -_.. ..._ ' _:� __ :.-... ..c'S5 c'... ;=_'C`. 5 C `•`_'.' " "'.c..� ' ' c:.21 _' L�.2 _'c "_.S C ' L °_cl ;.� : .�c'c_ 1 '^ Cr� �J .L C�7��_ _ : .�i i . r C:2=dCL'c:. •.L` -'� " ' iD "<5 =� ::._ E�?�:Cc'L�5 C::c'cC`t" . t `::5 - _^�5<. _•'o -cl " ' c'`'__.. =i�Z-sS �:: : Bruce Chesin 2201 Burns Ave., St. Paul, MN 55119 gzrry Johnson 1028 Jessamine Ave. East, St. Paul, MN 55106 Jane F�ner 1358 E. 9th Stree�, St. Paul, MN SS1Q6 . . _c':C. G= '.2� 'S�2 0:'7 _LL,.=S: .... . . �^ ['"'c'.:5� .'0-C. GC "' 'E"� ..- _G� _i°L i:L'c->c5 ':'_..1.�.� Battle Creek Hotel AsL� oTS cense,Hexp�se I1/31/ gPaul/£ast Sale o Zntoxicat�n9 4u X ,�� -:� �o ;� ._ -.,. e•r= -=:.• =_'=:__. - — — _:�:ec ' . _ �) '_�? -- c= ;.-_ !:ce-szs _ -: .-- - �..• - -=.�r..s N�A 1 C � � \.G-�S ....0 � i .� _,.".0 _S � GS�� - _ �p '' '�_ -.� "'_ C c"_L '_' - _'`' "cc'.c__ 'v"''.2_S�' __ . . ' � � � _;} _=2 . _ �^.' _ [o C_"�_ y_ ' _L< 522 (�� l��OV. .'.c�- _�.,___-- -- nr�nager -_..._ -•--- ' � . �__ es -- _ z-=`sczr.: 5z �c::s .,::s`_-_�_? Y Li } -> .cn .o - a ---a�=-y`: --- _ - _ -c'i. r._ _ --^._ . •_L . _= c===�= c-.. cc._ .._ --- -_ =rs�a= _- _..__._, c ^ 2241 Burns Ave.. St. Paul. P1N 55119 .�-> Bruce Chesin :cc_<_ss 7/5/47 _- - (612) 731-2220 -_== °= =-=`:� ^ - ::si -ss/er.,?�c,c.zn_ n��z , _ ?5} :-c?c�_n� ;'ev= -'eszac =--- `=`��s" ----=..-. -c�. .. ,• - ^r = -= - - �=a=s. p _..= ` • >.dc-ess � Inn 77sVelo�nt & Managem=nt. Inc. 17100 S. Halsted St•. Nan'eY� Iv 60426 °(s-to 19) Lis� zll othe; o�iicers of the corpo_ac'_on. ;;,±�� iiTL? (Ozfice Y.eld) :=G`:E ::��ESS 2312 Golfview Lane Dennis C. Gi11ey, President Flossmoor. IL 60422 Thomas C. Carlstead, S ecretas �i�,��..'.. t�t':�'� 708-957- BUSi\�SS P??OtiE 1: Flossm�ar, IL 60422 7Q8-799-0288 708-333-3126 John R. Gilley, Treasurer Flossmoor, IL 60422 708-798-1109 708-333-3120 20) I` business is parcr:zrsnip ?:st o�*tce=(s), zcdress, t�o��:e znd 6us•_nzss pho:,a nu.�ber. \'c�a.e �c-.e .^c,^.e Ra::z :;c�e ?ho^z -._`_:zss --_-.^.<ss ?:-or.a -.�c_zss '_s=ness ?^or.e 21) Licuoz •-i11 be =_e=�ed =z �'z %-°??°'=''_ " �`s (*oo�. lounqe banctuet rooms 22) 3zc�?e�'-ia� cross s�ree:s is ousi-.ess ?cca:z6? B�s Ave. & DSCKnight Rd. ��icn scz o: =_c-ee_? S£ corner 23) - re _.....iszs �o% cccu��ec? YeS �..ac c;;?e ci bcsi^ess? hotel ::e:: '� cr.�? 1g83 Saint Pascal Battle Creek Middle �L) Closest 3.i ?lacz UnknOwn �'='�� 1757 Conway StY'eet �choe1�17� N park Dr.ive Sundance Bowl Continental Liquor Z�) C'tosesc c-:�ox`_caci-3 i`cuer p�sce. C:: S�_e �445 Hudson Rd C=i S=1e �1�1 Hvdson RA. 3z_a; L� -o: Daz?e_s _2x Stzr.:� 25) Scu •-ii? be rzcuirzc co oDtain � _ _, P�7' -:15?FiCAT?G� C- :_`;Si:_ZS C-i'�iE\ C3 !'-,=�37rL S�:X:TTcD �1L� RPS�=• :\ D:S:=.� C: T=:S :??L:C:._iC�\ (Sea A:[acnzc) j R2=cD� SL'cC2 ti:!Cc= C�L:1 L:^.2� ! t'G:= c'._"=?:2G c!� 0� �C= d�Gti'2 CL'c5�'�CP.S, c^C L.^,6L C�['.c ''O: �cL10T1 CO'iL'c:^cG L'c:c:7 15 :..-? c.^.C CO L}R D"c5� 0= P.y �<.^.O">>cCE2 c'C D2�:c_. i _�ste fc:c^e_ c-:cz= eath = r.�ce .acei�:z�' r.o r..c �zy or oc; ar ecns'_eerzcion, by 1cj' Oi }Od71, El:L� CO.`.i:1J`1�'„1C^. Cr pC�::c:Y;S°� Li1cA c�:@EGj' G15C?OScG lil Lh° c'vD71CcL:0.^. '�.tiCf1 1 C:2:c'"�:l 5��==��eC. $tcie D2 �y`{"g{) I].117701S � co��y o_ �, � coox Snbscrioed �nd s=o'n to beEo.:e -z ch?s, � lsf day o;. ��r�vtu4.^� � 9 � ✓ ��'�-d�Lr: C� f G�G�.L ( ;�o��rJ ?cb? zc��('ook Cov-: �c iL �ev. 5l92 �,��--�----�"� ��—�T�r 3/�95 j � s=--�4:::2 0_ =.��?_��-� / �«z "OFFICIAL SEAi.^ Margie Toign Notary Pubtic, State of lllinois 7 � Cv�m 6cpires 3-28-97 �L S� ps��'�'�'�'.�. ,�. 9�� I q 7 Council File # Ordinance # qs _�`o Green Sheet # 3 1�' 1� ORDINANCE � CITI( O INT PAUL, MINNESOTA AS A2�S2 D SBPTB�ffiER 20, 1995 Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Committee: Date p. i oT 3 An ordinance aznending Section 60.201 of the Saint Paul Legislative Code defmition of adult bookstores, requiring the discontinuance of nonconforming adult bookstores within three (3) years of the effective date of this ordinance; and providing that the Planning Commission may grant reasonable extensions of the amortization period. THE COUNCIL OF THE CITY OF SA1NT PAUL DOES ORDAIN: Section 1 That the definition of an adult bookstore as contained in section 60.201 of the Saint Paul Legislative Code, is hereby amended as follows: Adu1t bookstore. p�� e�e� of a bui sale of �.s�:�i�r��f:��aitit ��i�:�;;;�i�_ai�s':.a � building or or Elie barEer, rental or items consisting of ;{_�'�: ;��'�< printed matter, pictures, slides, records, audio tape, ,.:. . .. . ....... . .. _. . _..:... . . videotape e� motion picture filmF;,::�;�+r.::�L�' 1T�s�i�"�s: ar3�i�lier �t�� t>� ��t�xdzt'z� if .. _..w_.-.._ , .:.,:v � F �� ----- =� such items are distinguished or characterized by an emphasis on the depiction or description of " specified sexual activities " or " specified anatomical areas." '- �-' - "?�ignificant portion of items " sha11 mean more than fifteen �(15) percent of usable floor area i��:::�i�� Section 2 q�- I�f� P 2�3 _. . . ,. .... . , . . : ,. e:::^:7;:'; ;:<>'��i�»:e�c;�::��:°:��>3;'€i�a�zt? �;��i�`��ai3��t`:�Z€?A3��ar�'�: ,_,:.: . . , .<3� _ _ .� .. .. � 2 3 4 5 6 Q� — (Qf�c� � ��:o�..� p. 3 �� 3 This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. ati�t teue� ,�'.. �.._ ' A '��. Requested by Department of: Adopted by CounCil : Date ��, �ry �\� g 5 Adoption Certified by Council Secretary By: Appx Hy: By: Form Ap oved by City Attorney � `� �? ,�; By: �..d�. �� ; �. ... { ' Apprp by Mayor for Submission to Covncil By: � TOTAL # OP SIGNATURE PAGES FOR `i5 - J�`t�' GREEN SHEE N_ 31272 INITIAUDATE INITIAL/DATE DEPARTMENTDIflEGTOR �CITYCAUNCIL CRYATTORNEY �CITYCLERK � BUWETDIAECTOR � FIN.B� DIR. MAVOR (Ofl ASSISTA1Jn m v (CLIP ALL LOCATIONS FOR SIGNATURE) Adopt "adult bookstore" zoning de£inition amendment. o� PLANNING COMMISSION _ CNR SEflVICE CAMMISSION CIB COMMITTEE __ STAFF _ DISTRIGT COUH� _ 'JRTS WHICH COUNCIL O&IECTNE? PERSONAL SERVICE CONTHACTS MUST ANSWER TNE FOLLOWING QUESTIONS: t. Has this personRirm ever wotked under a contract for this department? YES NO 2. Has this person/tirm ever been a ciiy employee? YES NO 3. Dnes this person�rm possess a skill not normally possessed by any curreat ciry em0�oyee? YES NO Explain all yes answers on separaia sheat antl anach to green sheM What,Whan,Where,Why): Existing definition of adult bookstore does not clearly indicate to video and bookstore owners how much adult material for sale or ren�t��co��n�stZ.tutes a store as an adult bookstore. � �IUL �7 1995 video and bookstore owners and city enforcement officials do not know in advanoe how much adult material"constitutes an adult bookstore. None FJ� JUL 1`� 1995 Cli� �A��J�l��` Enforcement officials will remain uncertain of what is and is not an adult bookstore. � �TAL AMOUNTOFTRANSACTION $ COST/REVENUE BUDGETEp (CIRCLE ONE) YES Pi0 INDI(dG SOURCE ACTtVITY NUMBER IANCVALfNFORMATION�(EXPLAIN) N C3'i � Q. � � � � � Q N� '� n� � � O � � Sv Q. � � .!� t2. c � � o ` c � � �' � v � � W SU su � � � � � � � � � --fi C Q � � � Q � � �� 0 � � r=+� � � r-�- 0 �'S � N N � (D � CD Q fl��1—S� i ��' �� d � � � c . � L O L � � �'f � � � Q Z � � � � 0 a m 0 m � � � � Q. � 0 � M � � � � .- r- � � � m v� oi ri o v N N 0 m � N N L d � � � M Z y N O N Q � � R .` w � � 7 N � .-+ .� � d O � N � � .� � � � y w @ 7 — R N L � � � �� O N � d O� � � C'M n ? �. U � � 50 - � � 100 - D �+ ��JO- u i � 200 - z n ? 250 - u c 300 - 350 - 400 - 450 - 500 - 550 - 600 - 650 - 700 - 750 - 800 - 850 - 900 - ��'�� N O � � � h C "s � � (D � � � Q O C � CD � O Cp � � � N . � � O � � Q Q �' C O �_* O Q � �. �- � tD `'C N � Frequency ...� O O Council File # i�) � 1 t 1� Ordinance # Green Sheet # ORDINANCE CITY OF SAINT PAUL, M{NNESOTA Presented By Referred To Committee: Date An ordinance amending Section 6Q.201 of the Saint Paui Legislafive Code definition of adult bookstores, requiring discontinuance of nonconfornung adult bookstores wittun (3) years of the effective date of this ordinance; and pr� that the Planning Commission may grant reasonable e�tei of the amortization period. ,� THE COL3NCIL OF THE CITY OF SAINT PAUL DOES O' A1N: Section 1 That the definition of an adult ookstore as contained in section 60.201 of the Saint Paul Le 'slative Code, is hereby amended as follows: ? AduZt bookstore. ,:.. ..... p�,�� of a buil ... �... . .... saTe of �:::s:3:E�i'i��;t`;: �cr��;:,i�4�,�?�::� � building or �r tfie 'barter, rental or items consistina of 4:�°:): rinLea maLLer, p�.crures, ape::' e� motion �icture fi such items are disthnguished or characterized by an emphasis on the depiation qr description of " specified sexual activities " or j`specified anatomical areas." " ";�ignificant portion of items " sha11 mean more than fift en t15) percent of usable floor area �aa�::';.��a�� cene Section 2 Nonco ormin Adult Bookstores. Any adult bookstore use which is wful as of the date of the adoption of this ordinance but whic becomes an unlawful use under the terms of this ordinan shall be deemed a NON-CONFORMING LISE and may not in any manner e enlarged, extended, altered or rebuilt except that such uses y be changed to a conforming use. � Discontinue Nonconforming Uses. Adult bookstores that are deemed nonconforming uses pursuant to the terms of this ordinance will be permitted to continue for a period not to exceed three (3) years from September 20, 1995, unless sooner discontinued or changed to a conforming use. terminated�5r fO Reasonable Extension Mav Be Granted By Plannina Commission. The owner of any property on which a nonconforming adult bookstore is located may apply to the Planning Commission for reasonable extension of the termination date. Any such application must be in writing and be received by the Commis�ion no later than June 30, 1998. Failure to submit a timely / extension application shall constitute a waiver of the right to request an extension. An extension may be granted upon e Commission's determination that the applicant has demo trated that the amortization period is an unreasonable burdery�upon the business and does not allow adequate time to recover /a reasonable return upon the business investment. The applicantj shall have the burden of proof to demonstrate hardship wit�e established termination date and also the time required for extension. In making its decision, the Commission may conside any factor relevant to the issue, including, but not limi�ed to: a) The degree or magnitude of threat safety and general welfare posed/ impacts of the operation. � the public health, the secondary b) Whether the applicant's prop ty interest in the nonconforming use was extin ished before the e�iration of the amortiza ion period. c) Whether the value of bei g free of competition for the period of the amortiza on period equaled the value of the property interest emaining at the end of the amortization period. d) The ease by which�he property could be converted to a conforming use. e) The cost of re �cating the adult bookstore. f) Reasonable a ailability of alternative locations as designated y the Zoning Code as being practically and legally av ilable for adult uses. i 2 3 4 5 6 Section 3 � � - �c� '` This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. � Adopted by Council:,! Date Adoption Certifieel by Council Secretary By: Approved by ayor: Date By: � � �' , Requested by Department of: By: Form Approved by City Attorney By : rU Appro ed y May r for Submission to Counci By: Council Fi1e # Ordinance # _�5=�Q60 Green Sheet # � L a►� �r ORDINANCE f 3 � SAINT PAUL, MINNESOTA � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Presented By Referred To Committea': Date An ordinance amending Chapter 60 of the Saint Paul Legislative pertaining to Zoning. The Council of the City of Saint Paul does ordain: Section 1 That section 60.201 A of the Saint Paul Legislative Code be Sec. 60.201. A. � is hereby amended to read as follows: Adult bookstore. A building or �� of a b' ding used for the barter, rental or sale of a teari� p9iti+7�`izf items consisting of (1} _in;�trzsn�� ., �iev�c�s,.�i` �r�plier�i�l'za wf�i�� ar� de��gri�l ffir _ _ s tape, videotape; e� motion picture film,. or �T3'i such items aze distinguish description of "specified sexual activities" ox ` porhon of items," ' (15) percent of usable floor area c�x �tvr� i d�spla�: a�td b�ter :cr� saf�s ��'sii��x it s ;'`{�� printed matter, pictures, slides, records, audio ci`;r�r s�tIier f�r�ti�:ii�':reeordieg if � �..'-�� r chazacierized by an emphasis on the depiction or ecified anatomical areas." "°��'��-� '°~� " ~ -�ignificant .. . , shall mean more than fifteen ��iindr�d �3Q€�� squar�.�ee�_�� tivux:are� u�d f� t�e 0 obscene work shall be allowed. Section 2 This ordinance shall take effect and �a in force thirty days from and after its passage, approval and publication. ,f Requested by DepartmenC of: Adopted by Adoption Certi£ By: . Date by Council Secretary Approved by/Mayor: Date By: Plann� & Economic Develo ment By: Form Apprc�ved by City Attorney By: By: Mayor ion to DEPAR'IMEN"I OF PLANNING & ECONOMIC DEVEIAPMENT ADULT BOOKSTQRE ZONING AMENDMENT CITY OF SAINT PAUL Norm Coleman, Mayor � S �e � �� Drvision ojPlanning 25 West Four[h Street Telephone� 612-266-6565 Sarnt Paul, MN 55102 Facsimile � 672-?28-3314 I �5- �� INTRODUCTION Following a series of public hearings and a study prepared by the Planning Division the Zoning Code was amended in 1988 for the purpose of addressing problems relating to "adult uses", including stores that sold or rented videos, books and snnilar materials. Adult uses were restricted in their locations to B-3, B-4, B-5, I-1 and I-2 zoning districts. The defurition of an adult bookstore that was enacted was based on ordinances in other cities in which there were court decisions upholding the enforceability of those ordinances. An aduli bookstore was defined as: Adult bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." No obscene work shali be allowed. In 1992 the City received complaints about the operation of tcvo book and video stores which were believed to cons6tute adult bookstores as defined in the Zoning Code. Both stores were run by the same owner. One store was located in a zoning distzict in which such use was not permitted, and the second was located in the B-3 disuict but did not meet the special conditions applicable to an adult bookstore. The owner of these stores attempted to obtain an injunction to prohibit the Ciry from enforcing the Zoning Code provisions, alleging that the ordinance was unconsfitutional. Ais request for an injuncuon was denied by the Federal District Court. The City cammenced a lawsuit in Ramsey County District Court for the purpose of preventing the continued operation of the adult bookstores in these locations. The bookstores' owner objection to the City's ordinance was partiaIly based on the following arguments: q�� o�o 1. The defiuirion was constitutionally over-broad because an adutt bookstore included any place that restricted access to adults only, an@ 2. No operator of a bookstore could know in advance how mueh adult-type material for sate or rent would constitute "a substantial or significant portion". The Ciry Council, at the recommendation of the City Attorney, requested that a study be conducted to determine in what manner the definition of an adult bookstore could be made more easily understood and avoid the type of objections tfie bookstore owner raised in the City's lawsuit. Pending the comp2etion of the study the Council enacted a temporary ordinance definition which dropped the phrase on "excluding any minor by reason of age" and clarified what amount of adult-type maTerials would be considered "substantiai or significant": "Substantiat or significant portion of items," for purposes of this interim ordinance [C.F. No. 93-279), shall mean more than fifteen (15) percent of usabie floor area. No obscene work shall be allowed. The interim ordinance has been extended to November 2, 1995. No further elctensions are permitted by State 1e$islation. The purpose of tlris report is to provide information to tfie Planning Commission and the City Council to assist them in determ;n;ng a definition of "adult bookstore" that cleazly indicates to video and bookstore owners and City administrators how much aduit-type material for sale or rent consritutes "a substantial or significant portion", consequenfly subjecting the stores to regulation as adult bookstores. This report does not deal with the authority to regulate adult uses or the need to reguiate adult uses because of the their deleterious effects on property values and crime. Studies giving the authority to regulate adult uses and the need to regulate them were completed by the City in 1987 and 1988. Other cities also have studied these issues. The studies are listed in Appendix A. `a �5-�� ADULT VIDEO, BOOK, AND NOVELTY STORE SURVEY SURVEY In February 1995, staff of the office of License, Inspections and Environmental Protection surveyed ali video stores listed in the yellow pages of the telephone d'uectory and book and novelry stores that were known to have adult material from previous surveys. The following tables are based on that survey. A tabulation of the survey data for each of the stores is shown in Appendix B. Map 1 shows the location of the stores. Table 1 below shows that 24 (73 %) of the 33 video stores and all of the 8 book or novelry stores rented or sold adult material. Table 1 VIDEO, BOOK, AND NOVELTY STORES SURVEY February 1995 Type of Store Number Stores without Stores with of stores adu3t material adult material Number % Number % Video 33 9 27 24 73 Book or Novelty 8 0 0 8 100 Totai 41 9 22 32 78 3 �5 -10�t3 VIDEO STORES WITH ADULT MAT �RTAT Table 2 shows that 4(17%) of the 24 video stores with adult material are adult bookstores as defined by the elusting interim definirion of adult bookstore. This definition empioys percent of "useable floor area" as the basis for determining adult bookstore. Five (21 k) stores would be adult bookstores if the percent of "useable floor azea" were changed to percent of "sales space". Table Z VIDEO STORES WITH ADULT MATERIAI, February 1995 Zoning Total Stores with Stores with Stores with Stores with District Number 15% or less over 15% 15% or less over 15% sa(es usable ftoor vsable ftoor sales space space area in area in adult area in adult � in adult adult material material materiai material Number % Number % Number % Number � B-2 12 10 83 2 13 10 83 2 17 B-3 11 9 82 2 18 8 73 3 27 I-1 1 1 100 0 0 1 100 0 0 All 24 20 83 4 17 19 79 5 21 Zones � q`�- I�C�Q BOOK AND NOVELTY STORES WITH ADULT MATERIAL Table 3 shows that 6(75 %) of rhe 8 book and novelty stores are adult bookstores as defined by the interim adult bookstore definition and that the same 6 stores would continue to be classified as adult bookstores if percent of "sales space" is used in the definition. Table 3 BOOK AND NOVELTY STORES WITH ADULT MATERIALS February 1995 Zoning Total Stores with Stores with Stores with Stores with District Number 15% or less over 15% 15% or less over 15% sales usable t7oor usable ftoor sales space s�ace area in area in adult area in adult area in adult adult material material material material Number % Number % Number % Number % B-2 2 1 50 1 50 1 50 1 50 B-3 3 0 0 3 100 0 0 3 100 B-4 3 1 33 2 67 1 33 2 67 Al1 8 2 25 6 75 2 25 6 75 Zones AREA OF SPACE WITH ADULT MATERIAL Table 4 on the next page lists stores with adult material in order from least amount of floor space used to display adult material to most amount of floor space used to display adult material. Stores with 0 floor space used for adult material are those where customers choose videos from a book and employees deliver the videos to the customer at the counter. Stores listed as having "ALL" the floor space used for adult use are those where adult material is displayed throughout the store. The median size of adult floor space is 168 square feet. 5 `15' �� Table 4 AREA OF SPACE W1TH ADULT MATERIAL VIDEO, BOOK, AND NOVELTY STORES February 1995 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. I�,u Movie Shelf Oriental Video Video Vision Video Vision Video Center Royal Video Twin Cities Music & Video Movie Station Saint Paul Campus Grocery & Video World Video Video City East & West Video Phalen Video Home Video (Stillwater) Denmark Title Wave Adventures in Video Fast Forward Video Update (Payne) Aome Video (Snelling) Video Update (White Bear) Shinders 99 Cent Movie Club PC Video Lease Exstacy & More Music & More (West 7th Street) Video I.ease Video Lease II Music & More (Wabasha) Fantasy House R & R Books Sensuel Lingerie Area of Space with Adult Material (square feet) 0 0 0 0 26 31 37 37 59 60 63 66 97 110 154 163 166 170 176 189 217 252 368 399 400 575 648 726 895 ALL ALL ALL 0 ��-��o ZONING DEFINITIONS OF OTHER 3URISDICTIONS In January 1995, the fum of Dahlgren, Shardlow, and Llban completed research for the Ciry of zoning regulauons of other jurisdictions that contain percentage standards for their definitions of adult uses. The reseazch is shown in Appendix C. For the jurisdictions surveyed, the median percent of floor area used to define adult uses is 10%. The median percent of adult stock items dispiayed is 30%. And the median percent of gross receipts from saSes of aduli material is 20 percent. In February, 1995, the City of Rochester, Minnesota, amended their zoning code's defurition of adult bookstore so that "substantial and significant portion of such items" of adult materials are 25 % of the inventory, stock in trade, of publicly displayed merchandise or 25 % of the sales area. At the time of adoption of the amendment, the City of Rochester was in much the same situation as Saint Paul: an enforcement action taken against an adult bookstore was in court and there was a need to ciarify what amount of adult material constituted an adult bookstore. The Rochester amendment, the planning staff report, and city attorney's background report are shown in Appendix D. RECOMMENDATION BASE FOR DETERMINING "SIGNIFICANT PORTION" Here are the altemative bases that could be used to define adult bookstores. 1. Floor area used for adult use, such as a threshold percent of usable floor area, sales floor area, or gross floor area; or a threshold amount of sales floor area. A percentage of floor area is appropriate to define an adult use because at some threshold proportion of adult use the store takes on the character of an adult store. Using floor area is easy to administer since measurement with a tape is relatively suaight forward. A potential problem with percent of floor area is that an owner could claim that storage floor area or basement floor area is non-aduit sales area. (Definitions of floor area usually have exceptions such as unused basements.) This would enlarge the store's total floor area and reduce the percentage of adult use floor area so that the store would not qualify as an adult bookstore or enable the adult use floor area to be enlarged. 2. Percent of individual items displayed for sale. This also can be a reasonable measure of proportion. This could be difficult to administrate if there are many items that have to be counted. 3. Percent of gross sales. Accurate sales data distinguishing adult from non-adult items could be difficult to obtain. 7 q�-►o� Staff recommends that pereent of useable floor azea and amount of sales floor area be used to determine what bookstores are adult bookstore. Proportion and amount of floor area are reasonable ways to indicate what is a"significant portion" of a business; they can atso be easily and accurately measured. SIZE Staff recommends that the interim adutt bookstore definition using more than 15 % of useable floor area as the size where adult use begins be retained in the permanent definition. The City has gained e�perience during the last two yeazs from using "more than 15 % of useabte floor azea" to determine adult bookstores. Using ttus pezcentage of floor ama is also comparable to how other jurisdictions define adult uses. In other jurisdictions cited by the City's consultants, the median percent of floor azea used for adult material in their defuutians is 10 %. Since many of these jurisdictions use pross floor area, in con�ast to the City's useable floor area, the proposed 15 % is closer to these jurisdiction's defuutions than it may appear. Using "more than 15 % of useable floor azea" as a threshold where adutt use begins, ten of the video, book, and novelty stores were adult bookstores. Four of the stores were videos stores and six were bookstores or novelty stores. The ten stores that were adult bookstares aze (the % is shown in parenthesis): Saint Paul Campus Grocery & Video (20%); Exstacy & Mare (20%); PC Video Lease (26%); Music & Mare on 7th Street (29%); Video Lease(40%}; Video Lease II(37%); Music & More on Wabasha (49%); Fantasy House (100%); R& R Books (100%); and Sensuel Lingerie (100%). Staff also recommends that stores with more than 300 square feet of floor area �sed for the display and rental or sales of adutt material be added as another threshold in determining an adult bookstore. Within a large store, 14% of the useable floor area woald be a big enough area for a major adult bookstore, and it would not be subject to the zoning restrictions placed on oiher adult bookstores. Therefore, the definitions sets an absolute size threshold, as well as a percentage, with 300 squaze feet as the absolute size threshold. The threshold of 300 square feet of floor area wIll also deter store owners from claiming that storage or basement floor area is non-aduit sales space, enabling them to have a large amount of floor ama for adult materiai. Using "more than 300 feet of floor area" as a threshotd wkere adult use begins, one more video store in the survey (the 99 Cent Movie Club with 368 square feet of adult sales area) would be included as an adult bookstore. Using these two thresholds, 34%, or 11, of the video, book, and novelry stores with adutt material would be classified as adult bookstores. PROPOSED DEFINITION Staff believes that defining "significant portion of items" as more than 15 % of usable floor azea or more than 300 square feet of floor area used for the display and barter, rental of sales of adutt items will make ctear to store owners and Ciry administrators what amount of aduit 0 � �- � oc�� materiai constitutes an adult bookstore and will sunplify the process of enforcement. The proposed definition also adds the floot area used to sell adult instruments, devices, paraphernalia, or CD Roms or other forms of recording as part of the adult space of an adult bookstore. Here is the proposed defuution of adult bookstore: Adult bookstore. A buiiding or ��er�Eiea of a building used for the barter, rental or sale of a S�t�ita�€:p�?�Tii�tt v�' items consisting of (�j �is��lts; "��C�s; .r�� be�alia �t� are t€es�g�d`tttt �� uz.c�in�ecii�� wiCh:°ks�c�`ieri_sex�al aetru��c"a_.iar:(�� printed matter, pictures, slides, records, audio tape, videotape� eF motion picture film, �Y C� l�tcsz�js �r atiier. ft�� af r€�i�r€ti�g if such items are distingiiished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." -��a�-e� "�ignificant portion of items, €eF-�eses ^f `'�:° :�'°-:� ��a:�°�� r^ �'"� "' ^'",, shall mean more than fifteen (15) percent of usable floor area �t �s� t�a� ��u'e� �tittdret� �3S1(�� .sq� fe� ts�' �t�ES� :��! tCSed it�t t3�e ct�s�Iay. az�ct �rarC�r, re�tat af sate� �#` �c� ite�ns. No ohscene work shall be allowed. �il ��J I��.�'� �'�� t►._. STUDIES OF ADULT USES NRISDICTION 1. ADAMS COUNTY, CO. 2. AMARILLO, TX. 3. AUSTIN , TX. 4. INDIANAPOLIS, IN. 5. LOS ANGELES, CA. 6. NEW YORK, NY. U � � 7 , i I /: \ , � � 1 u �t1 ti y' ��P� 8. PHOENIX, AR. 9. ROCHESTER, MN. STUDYlDATE ADAMSCOUNTY NUDE ENTERTAINMENT STUDY, 1987 A REPORT ON ZONING AND OTHER METHODS OF REGULATING ADULT ENTERTAINMENT IN AMARILLO, 1977 REPORT ON ADULT ORIEI3TED BUSINESSES IN AUSTIN, 1486 ADL3LT ENTERTAINMENT BUSINESSES IN INDIANAPOLIS, 1984 STUDY OF `THE CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS IN THE CITY OF LOS ANGELES, 1977 REPORT ON THE SECONDARY EFPBCTS OP THE CONCENTRATION OF ADULT USE ESTABLISHMENTS IN THE TIMES SQUARE AREA, 1994 ADULT ENTERTAINMENT BUSINESSES IN OKLAHOMA CITY A SURVEY OF REAL ESTATE APPRAISERS, 198b RELATION OF CRIMINAL ACTIVITY AND ADULT BL3SINESSES, 1979 ADULT ENTERTAINMENT 11 �5-1�t�0 10. SAINT PAUL, MN. I1. SAINT PAiJL, MN. 12. STATE OF MINNESOTA PERSPECTIVES, 1988 ADULT ENTERTAINMENT, 1987 ADULT ENTERTAINMENT, SUPPI,EMENT, 1988 REPORT OF TE� ATTORNEY GENERAL'S WORKING GROUP ON REGLTLATION OF SEXUALLY ORIENTATED BLTSINESSES, 1989 12 a� � � Q W a a 4 � , C�. .`J. h W � 0 � �7" E" a w � � z p z Q r '�+ � � L0 � W Q 7 V1 G� � 4 � � w �� 1-�b Et �; = a u�`�'i o�° = s =° a s` s o ❑� IL 'n � Oa N C � R v� �-'�O z � „ _ _ _ °�u� y y „ � � � [L J ¢ 1� � h N O h O d N y¢ � o � � � � O ti F�6 �D WD Q , � o � o 0 v �n 6�p � ��y c c c c.: c �mO� �r�i y' � y y �' y' L N O� b � � v�i b � G�1 d "�' U` ¢ f�''f � G� . � V N � �y , W y' Q' Q . 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N O] 00 R N �'(�" y � N � p p N p � � � k N 9 r y p O W O O O U '�O ']1 �= mgW.� a .a .a .o �a �° .c �° � g .a ,� � �D y A m O W A [J O A D e ,s ,s � °� e o 0 0 � ° ,c�yr° a�,-� W N � Vl p� � O O� � !A N (J � O N P J � A �` ^ O � V ' �A 9' `I] �° .c a .a s �° .c � � a a D Cf m'� _ .. _ .. _ ,,, g ,. nY v, p �n A A � � N O a D � � ° e e e� o � o aq � e � 9� e� a �, -� 15 " _, ... . . . ...,i .. . .,... ud�, l..b. APPENDIX C �5- �D�� LVN�ULTINC3PLANNEH3 LaNDSCAPE pRCBTT&CT6 30a a1R8T A'VENiTB NORTH SUITE 2I0 MINNEAPQLIS, MI: SSa03 612•339•3300 p$OxE 612•337•5601 FAX F'AR MEMURANAUM DATE: January 20, 1995 TO: Larry Soderholm, St Paul Dept of Planning & Economic Development FROM: Phil CarIson, bahIpren, Shartalow. 2ndUban, Inc. RE: Summszy of Astuk Use Ordivance Research PAGES: 8 pages, inciuding cover V�'e have completed the rese�rch you requested Iast week regarding aduIt use reg[itations that conTain a gercentage standar@ in the ordinance language. This research is sammaTized very simply in ihe table on the next page sad ia more detail oa the following pages with specifie language cited from the ordinances we surveyed. The reseazch was gleaned from various sources, including publicaflons in our libruy,'ordinances on file in our h'brary, the Planners Advisory 5erv�ce of APA, and calls to various cammuniries around rhe Metropolitan Area. AIl communities are in Muuiesota unless otherwise indicated. 7 have alan attxched a iist ofthe studies related to aduh uses which we have coflected. We have a eopy of each ofthese studies in our of�ce. Let me lmow if we can assist in any other way. 16 U1%:O-HJ 1L.JU 'Q'b1L Jd� oDUA Lot, t��. �UUS U�� T�arry 5oderholm, St Paul Y�D 1/l0/95 ADULT USE REGULATIONS/SELECTED ORDINAI�CES MII�TTMTJM TffitESHOLDS TO BE CONSII?ERED AN ADULT USE Ordinance Standard Gross Zocation FloorArea Siockltems 32eceiDrs Benton County Bloomuigton Delano Duluth East �ethel Edina Fridley Jordan Lakeville Manatee County, FL Monticello New Brighton New Hope Palm Beach County, k�, Reno, NV Robbinsdale St. Louis Park Wayzata Wyoming, MN 15% 5% 10°/a 10% 10% � 10 10% *�*7% 10% 5% 35% 34°/a 20% 10% 40% 10°la 40% 20% 25°/n 20% 20 ** ]5% 20% 4fl% 40% 20% ' Or 100 sq, ft., whichever is smaller *" Or at least $30,000 capital investme� "** Or 200 sq. ft., whichever is smaller Dahlgren, Shardlow, and Uban, 7nc., January, 1944 7 q�-�� 17 Larry Soderholm, S� Paul PED l/20l95 �5 IL�nO oRnnvArrcE x�s��xcx :_ _ . . �,; � �,��.►. _ � : 3 1?e6aes an aduk bookscore as "a building or portion of a buiIding used for the bu renta; or sate of items consisting uf printc�rl uwtcer, pi�tures, slides, record, audiotape, videocape, or modon picdue flm if a substauriat or signficant portion of such items are distinguished or ct�axacterized by an emphasis on the depiction or descxiptioa of "specified sexual activi$cs" or "specified snatomical areas" nrtiie barter rental, or sale of instn;mentc, devices, or parapheraalia thst are designed for use in conne�tion wiih specified sexusi activities. "Substantial or siguficani poRion" of items for purpoae if this ordinaccce, shall mean aio� c ltian 15 perc;ent oi useable flooi s[ea." This ordinance also mentions a number of studies that were re�3ewed. CITY O�' BLOOhlINGTUN, hII1�NESOTA pefines aa Adu1t Sookstore as "an establishment that has 35 percent or greater of its stock-in- uade books, magazines, and ocher peczodieal whieh ara distinguished o� characterized by their emphasis on matters depicting, descnbing or relatiag to 5peeiSed Sexu�l Activities or Specified Anatomical Areas as def ned." C1TY OF DELANO. MIl�'NESOTA Defines that an Accessory Adult Use shalt comprise no more than 5 percent of the fioor area of the establishment in which it is located and comprisa nq more than 10 percent of the gross reccipts of thc emire bc�siness operation. Ar,ything abovc tt�ese pec�centages sha12 L�+e deet�� a Principal Aduh Use and be regulateci thusly. t � i1 t 1 . De$nee an Adu1t 800kstorc tha# "has 40 perce� or more ofits gross salcs in baoks, pampl$ets, magazines or nther pictarial or printe,d materiai which are distinguist�ed or characterized by s pancipa! emphasis on midity, sado-mssoelristic abuse, sexual conduct, or sexual exeiternem and/or has 30 percent or more af books pamphltets, magszines or other pictariaE or printed material disptayed for sale on the pre.�nises distinguished or characterized by a principal emphasis on a+xdity, sadamasoehistic abusq sexual conduct, ar scauai cxcitcmern.>' C:1'1'Y Ur �:AST BETHEL, MINNESOTA Taefines that sa Accessory Adu}t Use shall comprise no more than 10 gercent of the floor area of the establishmem in which it ie located snd comgrise uo mere than 20 percent of the goss receipts of the entire business operation Anydnng above these percernages shall be deemed s Prfncipal Adutt Use and be regulated thusty, EE:3 T,arry Soderhotm, SY. PAUI PED 1120/95 CITY OF EDIN�L MINNESOTA ¢ a5-cor�J In regard to massage parlors: "The aunual gross revenue af the business fzom performing massage services is Ica� tLan 25 perccnt of the total ancmal �ross revenue of the business as shown by financial statemeats as specified by the ordinance " ctrrv oF tFUmr.FV. �n�rnvr Regazding savnas azid massage �ral�i�. EatnUlish� thdt no mora than 20 percent ofihe estab&shment revenue is derived from massage or sauna and that sauna and massage facilities shall not occupy more than 10 percent of the establishmerrt. I£sach percentages are exceeded, then the use is required to obtain a license, with fiuther aduh use resuictionc placed upnn it CITY t?r JORDAN. MIPINESOTA De�ines an Aduh $ook Media, or Merchantlise Store as "an establishment ha�ing at least 20 percern. of its stock in trade or stndc nn dicgtay inchuimg hiit ncrt limit�xl to booScs, magazines, filzns videotape or othes media or merchandisc which are characterized by matter depicting, descrbing, or relatiug to s�itiCCl acxual as:tivilies ur spec.�ifiefl anatomical areas." LAKEVIIJ.�, MINNESdTA Regarding Massage Parlors: Adult use ardinai±ce daes not apply to estabfishments that can demonstrate that no more than 20 perccnt ofthc catabfisl�ment rcvernze is derived froni massage. �A�ATEE COUNTY'. F'T.(?RIDA I)efines an Aduh Use as 10 percent of the totai gross floor area of the business devoted to the sate or d'ssplay of aduit mattcials. CTl'Y OF MONTICELLO. MINNESO'TA Defines that an Accessory AdulL i3se shall comprise no more than 10 percent of the flooz area of thc cstablislunart in which it is located and coraprix na greaier than 100 squsre fcet o£floor azea in whioh ii is located, whichever is smaller. Anything above these percentages shall be deemed a principal Adutt Use and be regulated thusty. 19 Larry 5oderhoLm, Sk. Paul FEA 1(LO/95 �� CITY OF NE9V �RIGHTON, DiINNESOTA Aegarding saua►as and massage parlors: 5 Estab&shes that no more than 15 percent of the estabfishment revenue is derived from massage cr sauna and that the primary use has a capital investment in fumiture, 6xtures and equipment of at least $30,000. If such perceatages are exceeded, then the use is reqnired to obtain a license, with fiuther aduit use restrictions placed upon it. CTTI' �F NEW HOPE. MMIIVVNESOTA Defines that an Accessory Adult Tlsa shall comprise no more than 10 petcant af the floor area of the establishment in which it is Iocated and comprise no mare than 20 percent ofthe gross receipts of the entire business operation. Anything aboce these percentages shall be deemed a Principal Adult Use and be regulated thusiy. CITY OF OKi.AHOMA CITY. OKI.A$ONIA Court struck down its adult use ordinance which defined an Adult Bookstore as and "Establishment having s sigaificant portion of its stock in tra8e books, films, mag�zzinnes or other periodicals wluch are distinguished or characterized by any emphasis in depicting or descn'bing sexuat conduct or speaific snatomical areas" due to the £act that it did not define the term "significant portion". The court did iule that the ordinance was constitutional on its face, and if the terni "significant portion" had been deHned by a percentage of gross sales or display space, the ordinance woutd have been upheld. The caurt state3 that, as applied, a progrietor has no idea how much stock he woutd be able to tetain without violatiz�g the ordinance. PALM BEAC`H COUNTY. FLORIDA Defines an adult bookstore as an establishment that offers for sale or rents adult material far commerciat gain unteas.... the gross income frora the sa[e or rental of adult material comprises Iess thaa 40 perceai of the goss income from ihe sale or s�entat of goods and services at 2he estabtishment, or the individual items of adult msteriai offered for sale or reatal wmprise less xlsan 10 percern of the individuat items, as stock in trade, publicly disp]ayed in the estahlishmem and which is not accessible to m4aors at the establist,meat. CTTX OF RENO. NEVADA Defines an Adult Use bookstore or video store as having on display more than ? percem of the retail floor space devoted to aduli uses or if such displays excced 200 square feet. CITY OF ROBBINSDALE. MINDTESOTA Defines Adu1t Onty Bookstore as "having 40 pezcent of more of its doltar volume in trade, books, magaxines sad other peiiodicals which are disfmguished or characterizeti by their principsl emphasis on matters depicting, descaibing or relating to nudity, sexual conduct, sexuai cxcitemem or sadomasochistia abuse, as defined, for sale to patrons therein- 20 T.arry Soderhoim, SL Paul PED if20/95 ♦ � .� ;_,_ � � � � 6 ��-I��Q Defines an Adutt Book and Ivledia Store as: "an establishment having as a substantial portian of iLS stock in trasie or stos:k on display 40 percent boolcs, magazines, ffims, videotape or other media which are characterized by the'u emphasis on matter depicting describing or relating to specified sexual activities or specified anatomical azeas." C`�TY OF WAYZATA.I4IINNESQTA Defines that an Accessory Adult Use sl�all comprise no more than 10 percent of the floor area of the establishment in which it is located and compase no rr,ore than 20 percent of the gross res.eiPts nf the enrre bustiness operarion. .'�aything above these perceatages shall be deemed a Principal Aduh Use and be regulated thnsly. �3TY OF' WYONIING. MIIYNE5dTA Defines an Aduh B��kct�re ac "any estxhii.chme.rM. whir.h �levotes mnre than S pcxt�nt nf its �oss floor srea to any one of a combination o£ the foiowing: The sale of books, magazines, newspapers, film, slides, videv tapc�, auliu layra, i ew��, piclurc�, or uthrr materinL� wtuch portrays sexual activities which are erotic, or which are, by their nature, designed ar iutended to azouse eroric sensations, which sale is by vending machines or other means." a.voasusz�,s+.� 21 q5-I�b� a�ui.r �rs� s��s November I8,1994 �, Dtinaestpolis (Minnesotn) City Ptanning Department ltepart Zoning Code Tcxt ESmcndmc� Anatysis August 29, 1990 2_ City of Falcoa Yiei�hts (Minnesota) Report Related to Adult Uses Febnuuy 28, 1994 New liano�er i:ounty (North Carolina) Planning Department Itegulation of Adult Emertainment Establistiments in New Hanover County July, 1989 4. lbianatee County, Ftorida County Planaing and Development Department Adi:lt Entertainmeirt Business Study 7une. 1987 S. State of Minncaota Report of the AtWrney General's Woddng Group on the Regulation of Sexuallq-Oziented Businesses 7une 6 19&9 6. City of Brookiyn Park (Minnaota) Staff'Reports/Study on Adutt Use Entertainmeat - Y'ebruary 24, 1992 Department of 7ustia Canada Thc Impaot of Pomography: A Dccade of Literdturc 1984 S. City of I,alceviUe (Minnesata) Zoning prdinance Revision Adult Uses - Part One 7uly 6, 19'73 9. Citq oiLakeville (Minnesob) 7.oning Otdinance Revision Adult Uses - Part Two January 13, 1994 10. RocLesterl0lmsted County {Minnesata) Consotidated Plsnning Department xnd O�ce of the Rochester Cifq Attornep Adult Lntertainmem Perspecrives 1988 22 IJ'� Il�l�!�.1 11. Division of Planning Dcpartment of Planning aud Etvuutuic Devdupmrai� City of S� Paul (Miunesota) Aduk Entertaintttent - A 49-Acre Study 1487 12. Division of Plaaning, Dega�tmeut oC Ylaiwiug avd Ecunumic Developmeat, City of St. Psal (Minaesota) Adult Entertainment - Suppiement to the 1987 Zoning Study 13. City of Phoeniz (Arizona) Relation of Criminal Activity and Adult Busuiess� May, i979 14. �ndianapalis (Tndiana) Aduh Entertainmeni Businesses in Indianapolis 1984 li. Adams Countp (Colorado) Adazns County Nude Entertainment 5tudy, prepared by the SherrifPs Department 1487 23 q�- �ac�o xo. AN ORDINANCE AMENDING AND REENACTING TAE TERM "P1?ULT BOOKSTORE" AS IT APPEARS IN SECTION 6Q.200 OF THE ROCHESTER CODE OF ORDINANCES, RELAT223G TO THE DEFTNITION OF ADULT BOOKSTORE. TFIE COMMON COUNCIL OF THE CIZ'Y OF ROCHESTER DO ORDASN: Section 1. That partion of Section 6Q.200 of the Rochester Code of ordinances, relating to the term �'Adult Bookstore", is hereby amended and reenacted to read as fo2lows: ADULT BooKSTORE: A business engaging in the barter, rental, or sale of items consisting of prznted matter, pictures, slides, records, audiotapes, videotapes or motion picture film, if such shop is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or descriptzon of "specified se�cual activities" or "specified anatomical areas". The phrase "substantial or signifieant portion of such items" as used in the definition of an adult bookstore means at least twenty- five percent of the inventory, stock and trade, or publicly displayed merchandise, or at least twenty-five percent of the floor area of the business (not including storerooms, stock areas, bathrooms, basement or any portion of the business not open to the pubZic). APPENDIX D Section 2. This ordinance shall be effective. from and after its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESQTA, TFIIS ATTEST: CITY CLERK DAY OF 1995. APPROVED TAIS DAY dF (Seal of the City of Rochester, Minnesota) c.�wpbca.uw�w.200 PRESIDENT OF SAID COMMON COUNCIL 1995. MAYOR OF SAID CITY 24 To: Rochester Planning and Zoning Commission �5- f0�0 ROCHESTER-0LMSTED PLANNING DEPARTVIENT 2122 CAMPUS DA SE ROCHESTER MN 55904-a7aa From: Ron Livir.gston, Planning Supervisar Re: Text Amendment 94-6 Date: January 6, 1995 AQpticant: Initiated by the Rochester Ciry CouncD `O �HLST[�.y� hh O� �S �{ O � � : � �� . o, ' .o � � AOM!NIS?nA'ION/ p�avN,uG HOL'S�NGiHnA BUILDING CODE W ELL ScPTIC J��28J-8232 so�i2ss-azza 507/285-8273 so��2ss-83as Purpose of Request: To amend the text of the Land Development Manual to provide for a definition of the terms "substantial or significant" as these terms are used in the definition of an adult bookstore. ' _ti �• C' On December 1, 1994, the Rochester City Council initiated this amendment to allow interested parties to better understand the Ordinance's requirements and to simplify the process of enforcement. The current LDM definition is: ADULT BOOKSTORE: A business engaging in the barter, rental, or sale of items consisting off printed matter, pictures, slides, records, audiotapes, i•ideotapes or motion picture film, if such shop is not open to the pubtic ge�terallv hut onty to one or more classes of the pu6lic, excluding any minor hv reason of age, or f a substantiat or signifrcant portion of such item are distinguished or characteri=ed by an emphasis on the depicfion or description of "specified sexua( netivitizs" or "specified anatomical areas". As p�inted out in the Cit}� Attomey's memo, the difficulty with the above definition is trying to determine, apply, and enforce the terms "substantial" or significanP'. The Ordi�ance does not provide specific guidance in determining how much of the inventory of a bookstore can be adult oriented material. The amendment proposed w�ould provide for a cleazer definition of an adult bookstore by providing specific, measurable standards to use when appiying the terms "substantial" or "significant" to these stores. 4\ EJUAL OP°ORTUNIiY 1 AFFiRMATNE ACTIOKEMPLOYE+-� 2b ; q�- i0(� The amendment proposed would add to the defcnition portian of the LD:vf, a definition of the tenns "substantial" or "significant": .� �t ,: - .,,:: _ apea to the gu�liej �s cie� to ifeius, mercIieud�e ar ntf�er iitatQnai i3 disfinguished or c}�araeferizeil bF• aii; emgf�asis. ua tisedejiiciiira er "specitied sexaat aetiriiies".ur "sgec'tf"ted a�catnmscat areas" ° The amendrnent that is proposed �iill provide for clarification by specifying how much inventory or floor azea of a store can be adult t;c•pe materials before a that store is considered to be an adult bookstore. Once a store crosses the one-t}vrd threshold it falls wzihin the category of an adult bookstore anc! thus becomes subjecL to the regulaiions applied to adult establishments. Attached is a teview of other city's ordinances that have been challenged, and the results of ihose challenges. Planain�Siaff Recommendation• The Planning staff recommend approval of the amendment as proposed. 26 q�- �� OFFICE OF THE CITY ATTORNEY . MEMORANDUM DATE: December 22, 1994 TO: Ron Livingston - Planning and Zoning � �. FROM: Terry L. Adkins - Rochester City Attorney ! � SUBJECT: Background InPormation on Downtown Book and Video Here is a summary of backqround information about the Downtown Sook and Video case wriich you night want to use in the staff report: Several years ago, the Downtown Book and Video store sued the City of Rochester contending the City's adult entertainment zoning ordinance was unconstitutional. After numerous court hearings and legal briefs, the primary legal issue appears to he resolved. The Eighth Circuit Court of Appeals ruled that Rochester's 2oning ordinance was constitutional and the U.S. Supreme Court let that ruling stand. The only remaining issue is how should the ordinance be enforced against Downtown Book and Video. Will the federal court in St. Pau1 issue an order requiring the bookstore to comply with the zoning ordinance or will the City initiate a new legal action in state court to gain compliance. The City asked the federal court to issue an order requiring the bookstore to comply with our ordinance. The City argued that it was efficient to have one court resolve all issues in this dispute rather than to send the City to state court in a separate legal action. But the federal court was reluctant to grant the order. According to the judge, he did not want to issue an order prohibiting the Bookstore from maintaining its current percentages of adult material only to have the Bookstore change its composition slightly and then find the parties back before the court in yet another lawsuit. Instead, the court wantad a final decision which would resolve this dispute once and for all. The groblem is the way the adult entertainment ordinance reads. It does not define an "adult hookstore" with any specificity as to its composition of adult material in terms of floor space or sales volttme. Instead, it defines an "adult bookstore" as a business containing an inventory a"substantial or significant portion" of which is "distinguished or characterized by an emphasis" on sexual material. Thus, there is no "magic line" segaratinq bookstores from adult bookstoras, and that is what is troubling the judge in considering the City's request for an injunction against the Bookstore. 27 q� - i��o The federal court took the City's motion for an injunction under advisement. We advised the court that the City is considering an . amendment to the definition of an "adult bookstore" so as to simplify the enforcement process. If the City does amend the ordinance specifying a percentage of adult material which converts a bookstore into an adu2t bookstore, we will share the amendment with the court and renew our request that the court order powntown Book and Video to comply with the ordinance as amended. If the court agrees to issue the order, this dispute should be conc2uded. 1I11BOpKSTA\UPDATE.LIV �� 5- i!�� SUMMARY OF ORDINANCES DEFINING "ADULT BOOKSTORE" Tha City of St. Paul's interim ordinance regulating adult bookstores uses the � ffrve "substantial or significant." The ordinance defines that term to mean jy�o� than fifteen (15) percent of usable floor area." C�rament: This definition has not faced a constitutional challenge. The phrase "usable floor area" is not defined in the ordinance. 'Tha City of Bloomington defines an adult bookstore as "an establishment that es 40$ or greater of its current stock" in aduit material. COmment: The consti?utionality of this d.efinition has not been litigated. Ihe City of Monticello`s adult use ordinance at one time reauired licenses for businesses where the adults-only portion comprised less than 10$ of the total floor space. Comment: In Wolff c. Citv of Monticello, 803 F.Supp. 1568 (D. Minn. 1°9Z) , the court concluded that there was insufficient evidence to support a finding that ail businesses dealing in sexually-explicit material, regardless of the degree to which they deal in such materials, create adverse secondary effects. The court therefore held *_hat the licensing ordinance was unconsitutional. Prince George's County, Maryland - its ordinance defined an adult bookstore as "any commercial establishment tfiat has twenty-fice perceni (25$) or more of its stock" in adult materials. Comment: In F v. � , __ _ ___ _ __ _ __ g89}, the court upheld the consuzuaonau�y of the ordinance. There was, however, r.o chal:enge *.o the definition quoted above. City and County of Denver - their ordinance did not define the phrase "substantial or significant." However, the city applied it to all businesses that deait in adult material that exceeded 10% of the gross floor area. Comment: In Pensack v. City and Countv of Denver, Colo., 1986), the court held that unconstitutional . 63U F.5upp. 177 (L. the ordinance was E. Lewisvil2e, Texas - its ordinance defined the phrase "substantial or significant" as "at least 20$ or more" of stock and trade constituting of sexually-related materiai. Comment: InMallov�. CitvofLewisville, 848S.W.2d380 (Tex.App. 1993), the court upheld the definition based on an equal protection ' challenge. (The plaintiff was contending that there were other businesses that met the ordinance definition but were not regulated by the citv. ) The issue of whether the definition violated the First Amendment was not raised by the plaintiffs. s.rrei�si RC130-13 �� q 5 � io�a Ann Arbor, Michigan - its ordinance defined an adult establishment as one having as a"principai activity" the sale of adult material. "Principal activity" was defined as a use accounting for more than 20$ of the business' stock in trade, display space, floor space or movie display time per month. Comment: Ia Christv v. Citv of Ann Arbor, 824 F.2d 489 (6th Cir. 1987}, the court concluded that the 20$ limitation severaly restricted the First Amendment rights oF the businesses. The court did not, however, declare the ordinance unconstitutional, but instead sent it back to the lower court for further determination. General comment: Many ordinances continue to use the phrase "substantial or significant" or "primary" without further defining those terms. In most of the court decisions challenging the constitutionality of adult use regulations, the definitions have gone unchallenged because the piaintiffs acknowledge that their business is reguiated by the ordinance. a�ravsi RC130-13 [Cjl] � S-toGO city of saint paul planning commissia� resolution fiiie number 95-56 (��E] July 14, 1995 ADULT BOORSTORE ZONING AMENDMENT - WHEREAS, on March 9, 1993, the City Council adopted a resolution initiating a 40-acre study of the zoning regulations concerning adult bookstores; and , WHEREAS, the Planning Commission held a public hearing on the proposed adult bookstore zoning amendment at its June 9, 1995, meeting and discussed the amendment at its Ju1y 14th meeting; and WHEREAS, the Planning Commission has determined: 1. That the number of real estate descriptions affected by the amendments renders the obtaining of written consent impractical; 2. That a survey of an area in excess of 40 acres has been made; 3. That a determination has been made that the proposed amendments to the Zoning Code are related to the overall needs of the community, to existing land use, and to plans for future land use; and 4. That pursuant to State Statutes proper notice of the hearing was given in the Pioneer Press on May 18 and 25, and June 1, 1995. NOW, THEREFORE, BE 2T RESOLVED, that the Planning Commission recommends approval of the zoning code amendments in the '�Adult Sookstore Zoning Amendment" study pertaining to the definition of adult bookstore ancl directs the Planning Administrator to forward the study and this resolution to the Mayor and City Council for their review and action. moved by Morton secorxied by Kra�r in favor 15 against 3 (Chavez, Faricy, Vaught) ��" t�� PLANNING COMI�SISSION OF SAINT PAUL City Hall Conference Center 15. West Kellogg Boulevard Saint Paul, lVlinnesota 55102 A meetin� of the Planning Commission of the City of Saint Paul was hefd Friday, June 9, 1995, at 83Q a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Bader, Faricy, Geisser, Lund-Johnson, Maddox, Morton, Treichel and �Vencl and Messrs. Chavez, Field Jr., TCramer, Lee, Mardell, McDonell, Schwichtenberg and Vaught. Mmes. Carter and Messrs. *Gordon, *Gurney, Mahoney and Riehle ' MExcused Also Present: Jerry Segal, Assistant City Attorney; Ken Ford, Planning Administrator, Jean Birkholz, Kady Dadlez, Donna Drummond, Nancy Frick, Roger Ryan, Larry Soderho]m and Lucy Thompson of the Planning Staff. I. II. Approval of Minutes of Map 26, 1995 MOT'IO\T: Commissioner Geisser moved approval of the minutes of May 26; the motion �vas seconded by Commissioner Treichel and carried unanimously on a voice vote. Chair's Announcements Chair McDonell announced that the Metropolitan Council now is responsible for the transit system, and has held a series of public Hearings on the fact that funding for transit oQerations over the next bienniurri has been cut $lOM by the state ]egislature; they are also expecting a substantial cut in fimding from the federal govemment. Mc McDonell represented the Planning Commission at the pubtic hearing, and testified on its behalf. Comments will be made in a letter from the Mayor. Testimony at the public hearing reflected the issue of impact of route and scheduling changes on people who are transit dependent within the core area. Mr. McDonell noted that transit is an important element that makes this City work; it is part of the economic deve]opment framework of the City, and we need to be sure that it isn't tom apart by solutions to solve the money shortage. He said that he was distressed because there were only three of seventeen commissioners present to hear fifty people voice their concems. He pointed out to the Commission the importance of bein� in attendance to hear all public testimony. III. Planning Administrator's Announcements Mr. Ford announced the folto�vina: Significant accomplishments at the state legislature this year include the Metropolitan Liveable Communities Act which provides three funding sources: 1) the Tax Base Revitalization Account which will provide a significant amount of funding for clean- up of polluted lands; 2) the Liveable Communities Demonstration Account which is a ��'�� grant program that will fund projects that are intended to encoura�e more compact development, especially in intearation of job opportunities and housing opportunities that are Iinked; and 3) the Locai Housing Incentives Account in which the Metropolitan Council tivifl be establishing affordable and life-cyde housin� goals for all communities nesotiated with the communities, and are to be adopted by January of next year. v The Amendments to the bletropolitan Land Planning Act oriainally adopted i� the late 1970s are also si�nificant. A new amendment will now require cities to have their comprehensive plan revie�ved and completely updated including all the related implementi�� ordinances, such as the zoning ordinance. These must be made consistent with tlie comprehensive plan by December 1993. ln the future, comprehensive p(ans wili be required to be updated every ten years. An appeal has been filed on the Plannin� Commission's decision concemin� the site plan for the Buelah Lane Parking Lot in Como Park, and the public hearing is scheduled for 7une 2S before the City Council. A green copy of a meeting anaouncement on the Commnnity Development A�enda Proposal is before each commissionec The public meeting �i�iil take place Monday evening, June 26, at 7:00, at the North End Community Center. Chair McDonell announced that the Work Program Ptanning Group will meet again Wednesday, June 14, at 4:00 p.m. IV. PI3BLIC HEARING: Adult Bookstore Zoning Amendment, amending the existing definition - (Roger Ryan) Mr. Ryan provided 6ackground for the public hearin�: Tn 1988 the Zonin� Code was amended to define adult bookstores as those which soid or rented books, pictures or video tapes, if a substantial or significant portion of such material is distinguished by an emphasis on specified sesuai activities or anatomical areas, In 1993 the City Council adopted a temporary ordinance defitting an adult bookstore which clarified that "substantial or sS�nificant portion" of adtilt material wouid be over 15 percent of usable floor area of the store. This clarification was adopted because in a]awsuit the City had be�un against a book and video store owner, the owner had raised an objection that no store owner could kno�v in advance ho�v much adult material wou]d constitute a substantiai or significant portion. He continued by sayin� that the purpose of today's amendment is to define "adult bookstore" so as to clearly indicate to store owners and City enforcement officiais how much adult material constitutes a"substantia] or significant" portion, thus subjecting these stores to regulation as an adult bookstore. He explained that the amendment does not deal with the authority or the need to regulate adult uses because of their affects on property values ar crime. Such studies were done by the City in 1987 and 1988. Other cities have also studies these issues. The temporary ordinance has been extended twice, and will run out in Novem6er 1995. In February of 1995 the staff of License, Inspection, and Environmental Protection surveyed all the video stores listed in the yellow pa�es of the telephone book, and all the book and nove(ty stores that were known to have adult maYerial from previous surveys. In their report, it showed that 24 of the 33 video stores and al1 of the eight book or novelty �5- ��(�� stores, rented or sotd aduft materiai. Of the video stores that had adult material, four of the 24 wouid be considered adult bookstores as defined by the interim ordinance, and six of the eight book or novelty stores would be considered adult bookstores by the interim ordinance. He said the zoning study looked at zoning regulations of other cities �vhich used a percentage standard for defining aduit bookstores and gave median percentages for floor area, materia] dispiayed, and sales. He said this amendment recommends the definition use over IS percent of usable floor arza and over 300 square foota�e of floor area used for the display and barter, rental of sales of such items. He said that over 15 percent of iisabie floor area is recommended because the City has gained experience usin� this over the ]ast rivo years and this is comparable to the percenta�e otherjurisdictions use. Tl�ree hundred square feet of floor area is recommended because �vithin a large store 14% of usable floor area would be a major store and these stores would not be subject to the restrictions as the average size store. This wili also help deter store owners from claiming basement space as non-adult space, thus evading the ordinance or allowing much more adult material sQace. Chair McDonell read the rule and procedures for public hearings. Martin O. �Veddington, 714 West Central Avenue, chair for Aurora-St. Anthony Block Club, addressed the Commission. He began by stating his opposition to adult bookstores. He yieided some of his time to others who had signed up. 2. Rose Campian, 997 Palace Avenue, spoke of her opposition to an adult bookstore in her neighborhood. Commissioner Geisser asked her the name of the bookstore. She replied tkat the name is Music and More. Rose McCormick, 1820 Ivan �Vay, a studznt, spoke of the inappropriate posters hanging in the �vindo�vs of Music and More that all children could view on their way to school; their school is right across the street from this store. Melissa Sch�,vartz, 430 Arbor Street, a student, reiterated Rose McCormick's cancems. 5. Tearsa McCormick, 1820 Ivan Way, Rose McCormick's mother, said in 1992 she helped organize seven neighborhood churches to challenge the City to enforce zoning laws. She then asked the girls to leave the room and then used the TV monitor to sho�v video }acke[s with graphic pornograghic photos that �vere seen through the window of the Music and More smre on West 7th Street. She said tl�e adult use laws should protect those �vho do not want to be near adult materials. Adult materlal should be kept at arms length and available to those who have thought it out, but not forced upon people. Zoning atiows freedom of speech to co-exist alon� side the fabric of families. Loopltotes in zoning laws need to be tightened up so that adult bookstores cannot slip in. Chair McDonell clarified that the Planning Commission is not holdin� a public hearing on Music and More, but on redefining the adult bookstore code. 6. Regina Nischal, 426 South �sceola Avettue, principal at St. Francis/St. James United School, addressed the Commission. She stated that all would agree that children and adult boo4:stores are not a good mix, yet this store is atlowed to co-exist across the street from a neighborhood school for children. She noted the double messages G�-��o chi(dren receive: the adult bookstore promotes messa�es of promiscuity, violence, and lack of respect (particularly lack of respect for �vomen); the pro�rams at the school deal with tryin� to preve�t promiscuity, violence, and lack of respect (particularly lack of respect for rvomen). She asks, "tiVhich messa�e will get throu�h to the child; our preachin�, or what they see?" She anticipates z day tivhen the people tvho make the la�vs wifl have the couraee and the inteeri;� to no longer tolzrate an adult bookstore across the strezt from each other. Shz said one child went into the store nvice. 7. Patrice Feterl, 2620 North Avenue, South Minneapolis, testified in place of Randall Ti�ue, attorney for Michael Stoder{, the owner of t��ro adult video stores in Saint Paul: 1) Music and More, 961 �Vest 7tlt Street; and 2) Ecstacy Video, 918 Universiry Avenue. She addressed threz topics as they relate to the proposed adult bookstore zoning amendment: 1) the First Amendment to the Constitution, 2) the study conducted by the City oF Saint Paul, and 3) other studies performed on the correlation beriveen the percenta�e of adult material and adverse secondary affects. She said the first amendment provides that govemment may not regulate content- based speech. And re�ulations to curb adverse secondary affects must have rivo corollary requirements: 1) the enacting city must have before it some type of empirical basis for believing that the tise that it re�ulates causes these adverse secondary affects, such as property values and crime, and 2) the regulation must be nanowly tailored only to those uses that you reasonably believe cause adverse secondary affects. She continued that all the studies done on adverse secondary affects of adult bookstores, particularly those relied upon by the City of Saint Paul have two clxaracteristics: 1) 100 percent adult entertainment, and 2) on premises consumgtion of materiaL 1`'o studies done any �vhere show that a general video store �vith an "adult only" section, or where consumption of sexually explicit material takes place off the premises, cause any adverse secondary affects �vhatsoever. She stated that on the basis of the study done by the City of Saint Paul there is no correlation beriveen the percentage of adult material that the store features or the number of square feet allotted to the sale of adult materiat and adverse secondary affects, thus U�ere is no adverse secondary affects. She thinks that basing reeulations upon gross receipts would make it easier to regulate and more difficult to manipulate. She handed out studies of adult uses. 8. Julene Maruska, 917 Juno Avenue, manager of the St. Vincent Hall Thrift Store, located next to Deomark Books, an adult bookstore. She contended that neighborhoods should have some say as to �vhat is and what is not an appropriate business for their nei�hborhood. She added that the West 7th neighborhood has three adult bookstores �vithin a mile, and the adult material is not appropriate in a neighborhood with children. She supports the amendment evzn though she knows it is not stron� enough. 9. �Valter Wietzke, 930 Randolph, addressed the Commission. He betieves that Music and More is violatin� not only a neighborhood trust, but also a City trust by displaying explicit sexual posters within the visual range of the public. He also said that in speaking with Mr. Eu�ene Glada�vitch, principal at Ivlonroe Community School (K-Grade 8), a ferv biocks ativay, he discovered that confiscated material within the school has been sesual playin� cards, marital aids, marshal arts weapons, � q5-�� druo paraphernalia and also stink bombs that uldmately closed the school do�vn and sent children to the hospital. He thinks tUe re�ulatioa should 6e based upon gross receipts. He advocates amending the amendmenc. 10. Richard Neumeister, 345 Wabasha Street, lobbyisi, urged the Commission to recognize and use their role in leadership. He recommended that this issue be referred to the Zonin� Committee. Mr. iVeumeister voiced a concem about the City Cotmcil acceptsng thz recommendation of the Pia�nine Commission. He said that action should be taken against tliose �vho violated the I�% restriction of the interim ordinance. Those `vho �vere over 15% before April 1493 when the interim ordinance took effect should be grandpersoned-in. Mr. i�eumeister mentioned that is important to discuss how these ordinances that �vill eventually become la�v are implemented, and how they are enforced because no one wants to pay the high cost of legal fees. i l. Tony Reklis, 1175 �Vest 7th Street, co-owner of Video Lease 11, addressed the Commission. He asked ho�v 15% �vas arrived at. 15% is not synonymous with substantial. He stated that in the thirteen years they have owned and operated their store', there has been not one complaint. He does not think that change is needed in this area, but that some regalations are in order such as how material is displayed, ltaving a separate area with doors, eta He also feels it is important to grandfather in businesses so that Qther businesses know where they stand in Saint Paul. He pointed out that video stores are different from bookstores. He said that adult videos should not affect where they're so(d; iYs where they're used. 12. Chuck Repke, 165 McBoa1, legislative aid to Ciry Coimcil president Dave Thune, addressed the Commission. He reminded members that today they are not defining what is an adult use, but they are defining what isn't an adult use. He commented on the testimony of attorney Patrice Feterl, who was representing a client of an adult use video store. Mr. Repke pointed out that an adult use video store should not be located in Yhat B-2 zoning district in the Gity of Saint Paul. The City has already re�ulated where they are supposed to be. The focus today needs to be on what is not an adult use video store; �vhat is not significant and substantial; something that is small enou�h to allow in the community. Nine years ago when the ordinance was rvritten, we basically re]ied on state la�v, and we relied on the video store operators to protect their own interests from prosecution from the state, to restrict those areas. Qnce that was done, it �vas considered an aduit use. Now, we are faced tivith questions regacding "substantiat and significant" issues; we now realize that we cannot discern a business as being an adult use simply because it has some displayed sesually explicit videos. No�v rve also have questions about "on-site consumption." He stated that City Councii president Thune's concern is that during this reviewal you consider that viewing the posters and video covers, of wandering through the isles and looking at tltese, is the action of consuming adtilt material on the premises. This is the community's concern: viewing graphic visual display of sexually expliclt material is consuming adult material on the gremises. 13. Carol Sturgiilusti, 1759 South Lexina on, said, "Garbage in, garbaae out." Our first pubiic speaker, Martin O. Weddinb on, retumed to the podium to finish his testimony. Referring to the First Amendment, he does not believe that the founding fathers had any idea of tvhat we are saying is OK to do today; they did not write the Q5- t��o TV amendments to protect what we are seeing and hearing today. He does not think that any store should be Vocated on a street where across the alley from the estabtishment are residents. The residents were there long before the establishments czme. MOTIO� Commissioner Moton moved that this issue be referred back to the Zonino Committee; it was seconded by Commissioner Chavez and carried unanimously on a voice vote. Zoning �95-084 Kowalski's Grand MarkedMount Zion Temote - SQecial Condition Use Permit to allo�v a shared parkind agreement permittin� Kowalski's Grand Market to use the parking 1ot of Mount Zion Tempfe as an overflow parking lot. MOTION: Commissioner Morton moved approval of the requested special condition use permit, omitting the conditions suggested by staff. Commiss'ioner Paricy stated she feels that the use of the Temple lot has chan�ed since this deai has been formatized. She feels that the staff recommendations are those the Commission shouid follotiv. AMENDEA MOTION: Commissioner Faricy moved to amend the motion by re- amending the conditions recommended by staff: A hedge shall be planted atong the northem edge of the parking lot to create a visual screen and shade trees shall be planted along Summit Avenue every 30 feet on center. This shall be completed by Au�ust 15, 1995. 2. The middle driveway on Syndicate Street shall be removed and replaced with curb, boulevard, and sideivalk accordin� to Public Works standards and under a permit issued by the Department of Public Works. C��°�n� ��s�� ai � mmn�'sa�� Uo �_�1� Commissioner Vaught spoke against the amended motion. He cautioned the Commission to note that in no �vay has the parking 1ot been expanded, so there is no reason to attach tl�e other requisements. The cost factor here is $5,000 for these extras; and they have already spent $35,�Q0 to resurface their parking lot and spent a great deal remodeling their store. He thinks it is too much for the City to impose these additionat requirements on Kocvalski's, who has been a good neighbor all these years. CommissionerField stated that he agrees with Commissioner Vaught. Commissioner Schwichtenberg spoke in favor of the amendment. He said that this is an opportunity the City has to get landscaping on this property. He said the Planning Commission could consider the possibility of extending the completion date untll 1946. Commissioner Geisser spoke against the amendment. She noted that the ownership of the iot is Mount Zion Temple, and asking Ko�valski's to make additional impcovements and G5-1�� pay for them is imfair. Commissioner Faricy added that the applicants are both Ko�valski's and Nlount Zion. She said her point in making the amendment is that now this is a different use of the lot, and as a result this is the last chance for anythin� to be done on this. She concludes that the added requirements wili be beneficial for both Ko�valski's and Mount Zion. She atso noted that tlzis lot is located in ati historic district, and so it is even more impoRant to follo�v throu�h �vith the amendment. Mr. Ford commented on behalf of the original staff recommendation and the matter of �ahen standards may be appropriately applied. A change in use of a lot, especially a substantial change as this, also requires stricter standards. Commissioner Kramer added that a letter from Aaron Rubenstein was introduced at the Zonin� Committee meeting in which Mr. Rubenstein referred to the �'Jest Summit Avenue Review Guidelines that suggest pianting should be done there, so he intends to support the amendment. He said that he is also concerned about the added cost so he agreed with Commissioner Schwichtenberg's idea of addin� an additional year to complete the plantin�ask the City to accelerate their boulevard tree planting program and thus creating the desired result tivithout also creating a hardship for the applicants. Commissioner Lee said he is concerned about public safety in planting a hedge between the t�vo lots; mainly pedestrian traffic and bicycles. He asked if the hedge would obstruct the view of on-coming traffic. Commissioner Faricy ans�vered that it tivould not; the hedge tivoutd go a(ong Summit avenue; lt would not go bet�veen the two lots. Commissioner Vaught stated that he disagrees with requiring the removal of the driveway; it is unnessary. Commissioner Geisser added that she thinks Mount Zion and Kowalski's are terribly sorry that they have formalized their agreement publicly; they have done it privately many, many years and it has been fine. She said that it sounds as if the City is penalizing these partners for creating a shared parking agreement �vhich the City and the Planning Commission have been advocating for years. She also noted that the two other examples of shared parking and improvement of lots on Grand Avenue have received Ciry money (Places to Park) to do it. Now the City Is asking these partners, because they have decided to legitimize their agreement, to pay for additional requirements. This is not fair; the City has changed the ruies, and these people were not informed, Commissioner Fie1d reiterated that tttere is no real change in use to justify adding additional requiremenCS. Commissioner Faricy stated that she had not known that the City had funded improvements for the other shared parking (ots on Grand Avenue. Commissioner Mardell observed that a3though it is not a change in use, it is a more efficient use of the property. He added that it is not an unusual arrangement; he cited the Lake Calhoun Executive Office Building sharing a parking lot tivith the City of Minneapolis Parks Department, and the MTS Corporation sharing a parkin� lot with a church. ��- (�0 Commissioner Schwichtenberg pcoposed a friendly amendment striking item #2 and by chan�in� #1 to read: "A hedge sha11 be plan[ed along the northem edge of the parking lot to create a visual screen completed by August I5, 1996." L�i � ffi]S�kG9 ffi 1L� �1.-..°^.1S!el°T4 �Tl �l:i.'�tOri cD��S�e,°, °� �as�� o ��3� s y ��,; ;��,� ��fT�.,� � �z? �s ��a`L�j ��2�c7 ��c1 m�+ W d9iw d��, V. Comprehensiti�e Planning and Economic Development Parks and Recreation Plan - Review of dcaft and comme�ts to Parks and Recreation Commission - (Donna Drummond) 1VIOTION: Commissioner Maddox moved approval of the resolution and memo to fornard the Planning Commission's comments to the Parks and Recreation Commissio❑ for its consideration. Commissioner Maddox invited Ms. Drummond to sum up the Plan. Ms. Drummond ]isted and commented on the following Five issues: I) Maps: both total number, and coordination of the trai( map with the Transportation Plan bike route map. 2) 1995-1996 Action Plan: lack of specificity for some action steps. 3} Policy on periodic updating of the plan. 4) Integration of parks planning with other city development initiatives. 5) Mississippi River: enhanced recognition of the importance of the river and the opportunities it represents. Commissioner Kramer recommended that the Hazel Park Recreation Center be mentioned specifically under #12 in Design Development on pa�e 24 of the Plan. '� ��4am� m� m� ffi� ��l amn�,�Tnm.�Il� � ffi d�on� ds�� Neiahborhood Sales Tax Revitalization (STAR) Proeram - Comment on large loan and grant applications - (Donna Drummond) NIs. An�mmond gave a brief overview of the comments that have been prepazed by the Comprehensive Planning/Economic Development Committee. She said the STAR Program is basically funded with 1/2 of the half percent sales tax the city's been collecting since mid-1993. A board, appointed by the Mayor and City Council makes recommendations to the Nfayor and Ciry Counci( on what should be funded. The program is set up on an annuat cycle. The money can be spent only on physical improvement in the City. Eli�ible applicants aze any publiq private, or non-profit organizations that are located and doin� business in Saint Paul. Funding request for the 199� cycle total $10.7 million, and �►� - «�� VI. VII. VIII. �. X. avaifable funds equal �3.5 mitlion. The comments to be sent to the STAR Board identify and define the key documents the City is workin� with now that should be considered in making resource allocation funding decisions, such as the Comprehensive P1an and Capita( Allocation Policy; Key Strategies from the Citywide Economic Agenda; Key Concepts from the Community Development Aaenda; some of the current high priorities of the City: 1) the Phalen Corridor Initiative, and 2) Bowntown Riverfront Development; PED's Cusrent Strategies for Housing aad Business Development; some additional information on Citytivide programs; and concludina �vith a p]ea to the STAR Boazd to balance community development and economic development priorities. MOTION: Commissioner Maddox moved approval of the reso]ution and memo including Planning Commission comments to be fonvarded to the STAR Board for its consideration. The motion carried unanimously on a voice vote. Neighborhood Planning and Land i3se No report. Tasl: �orce Reports � None. Old Business None. Ne�v Business None. Ad journment MOTION: Commissioner Geisser moved to adjourn, seconded by commissioner Wencl, and carried unanimously on a voice vote. The meeting Gvas adjourned at 10:42 a.m. Respectfully submitted, Y�/;'' Kenneth Ford Planning Administrator Approved 9� (date) � ' �(•��%��C- � Barbara Wencl Secretary of the Planning Commission planningfminvics.Gm q5- [��o Jure 13, 1995 Mr. Roger Ryan City Planning Divi.sion 1100 City Hall Annex 25 W. Fourth St. St. Paul, MN 55102 ��c��v�� JUN 13 1995 �� Dear hir. Ryan: On Friday, June 9, 1995, I attended a public hearing held by the St. Paul Plan- ning Comnission relating to a proposed amendment amendir� the definition of adult bookstoxes. DuYing what should have been a meeting to hear recarm�endations and objections relative to the proposed amendment, I quickly became aware that the testimony being given by a nwnUer of individuals was little more than a diatribe against the very business for whom I am employed, Music & More, 961 W. 7th SC. I now feel that it is my responsibility as Operations Manager of Music & More to defend the business against a nwnber of ridiculous and fabricated allegations made by the group appearir�g in support of the pYOposed amendment. I also note, for the record, an inability. or unwillingness on the part of Chair- person David McDonnell to keep the carnients of this group focused on the topic of the hearing. After correctly pointing out the irrelevancy of the first two speakers' cam�ents, Mr. McDonnell continue to bend the procedural rules in allow- ing an excessive amount of tise for their remaYks, and in one or two instances, allowirig individuals a second chance to speak. I am thoroughly amazed at the lengttis this same 'small group of indiUiduals has gone to over the past two and a half years in attempt to drive Music & More out o£ business. I'd like to cotm�ent on some of the allegations referred to earlieY - Two teenaged girls testified about the supposed obscene posters displayed in the store's windows. These posters feature Paula Abdul, Heather Locklear, Lita Ford, Madonna, Marilyn Monrce and other music and film stars. To many teenage girls, these stars are idols. 'Inese your�n, girls testified ta the 'bery bad" nature of these posters. However, being a proud parent myself, I can't imagine any parent not being thrilled if their own children were to reach such fame and popularity. In addition, these same posters a=e available for sale in most music stores lo- cated in shopping malls, and also at Target and other depart�enC stores. These posters show no nudity whatscever or any graphic characterization of anatomical araac_ Interesting enough, it was Councilman David Thune who suggested, on a Saturday afternoon visit to the'store, that the windows be covered in response to a com- plaint. Although the windows in question were above average height (six feet), and no graphic nudity could be viewed from any street-side angle, we were more than happy to oblige Mr. Thune's request. - 2 - q5- [�b�J As to the catments of Ms. Theresa McCormick and her overhead projections of what was supposedly a graphic video box cover displayed or visible in a window, I'd maintain that anyone could see that the photograph of the back of a video box was taken at vey close range and not through a window as alleged. None of the adult videos are displayed in this�ashion nor can they be seen from outside the premises. One would have to enter the adults-only section of the store which any adult can do and obviously did. It appears to me that the small handfui of people that appeared at the hearing in protest against retailers who rent or sell adult materials, do not represent more than a minimal an�ount of business at any of the 32 xetailers cited in the proposed amendment. Obviously if there was not a demand £or adult-oriented mat- erials, these reCailers would cease supplying this product and go out of bus- iness. One video store owner stated at the hearing that, "I've been here for 13 years. How many other businesses have lasted that long?". I agree wholeheartedly! How many of these retailers along West Seventh Street, University Avenue, and downtown ahve far�outlasted many failed businesses. Businesses that are now vacant storefronts advertisng "space for lease" or "space for sale". These storefronts used to be major fast-food chains, car dealerships, pharmacies and furniture stores. Remaining retailers wiCh their lights on and "open for bus- iness" signs should be a welcome sight. In a city which is continually raising its' homeowners property t�es due to a lack on new co�miercial growth, the exodus of businesses creating a shrinking cotm�ercial tax base, one would think any business that is successful in paying pxoperty taxes, sales taxes and employing the people of St. Paul would be con- sidered an asset. Too many campanies have alreqdy been discouraged from doing business in St. Paul due to an ever-increasing bureaucracy. In a time when goverrns�ent intrusion into our homes and personal life choices is prevalent, we shouid be vigilant that our liberties and choices are not limited by a few narrow-minded people who are intolerant of anyone else's views and values other than their own. Indiv- iduals such as those testifying on behalf af the propsed amendment tend to be sanctimonious, moralistic and seif-righteous. Their views become more extrem- ist as their tunnel vision focuses on one single issue. These individuals should not be allowed to xe-write the St. Paul Legislative Code. Those few that cry "Wolf" would have you believe that the City of St. Paul is overrun by peroerts and pornographers and that the retailers who rent or sell adult videos and other adult-oriented merchandise are inanoral and criminally- minded. I would suggest that those protesting adult entertairnr�nt may be living in the past. This is no longer the 1950s, a time when married couples slept in separate beds and when sex was a"dirty" word. This is now the mid-90s, when sex is discussed openly and freely on daily talk shows and portrayed in�everq- thing from advertising to soap pperas to miisic videos. Adult material is avail- able on Cable TV, in most hotelJmotel rooms on pay-per-view, and on satellite, DOS Systems and PC Internet. Certainly eveyone knows sameone, or may ahve themselves paxticipated in a stag party, purchased<a gag gift item, sent a"naughty" greeting card, worn sensual lirigerie. They may have even gone so far as to read Penthouse or Hustler Maga- zine (available at such locations as the airport or B. Dalton Bookseller), rent- ed an adult video, etc. In addition, condoms, lotions and vibrating massagers can be purchased in many drugstores. . -3- G5-C��o I would think Chat by now, most people recognize se�lity as a fact of.life and a basic human need. I am also certain that most people feel comfortable with their right to decide for themselves when and where they might purchase adult materials - rather than forfeit that choice to the government. Now many more years and how many more dollars will the City of St. Paul waste on this issue? Certainly the long-ouCdated term "adult bookstore" conjures up scary ideas in the minds of sane. THe image of a dirty old man in a raincoat hanging around every store that nents or se11s adult videos is ridiculous. So are the myths of increased crune and property values around such locations. I have yet to hear of or see any study which shows that peYSOnal consisnption of adult materials has any adverse effect on society. 'Pherefore I suggest thaC we do not need any more government regulations or zoning requirements than that which are already in effect. In studying the adult zoning issue, I cannot think of any more visible locations for stores carrying adult materials than our major four-lane avenues such as West Seventh Street, University Avenue, and Downtown. After a21, most of the current establishments have been operating successfuily for years in these lo- cations - witho}�t problems or complaints. It would appear that on West Seventh Street, where bar and liquor establishments dot almost every block, any many of which feature legal gambling activity, entertairnrent for adults has been a focus for years. I have yet to find an owner or operator who will agree that the ex- istin� retail and video stores pose a threat and are not compatible with the other forms of entertairanent for adults which presently line the avenue. It was mentioned by one individual at the hearing that these stores attract the "vexy bad" element to these neighborhoods. However, co�ion sense wouid tell gou that the people frequenting these sCOres are your neighbons, thus explaining why these businesses are located in virtua�l� every district of the City. The Planning Coc�anission is clearly trying to reduce oz limit retailer's exisCing square footage and inventories by even more constitutionaliy questionable legislation. In conclusion, I feel our objections have been expressed a�'I would liketo thank you for your valuable t3me and attention. Any further questions or canm�nts may be addressed to m�. � / �� Doug as Ol on Music & More 961 W. 7th St. St. Paul, MN 55102 cc: Individual members of Planning Carmission DEPARTMENT OF PLANNING & ECONOMIC i)EVELOPMENT �5— ic'�(�0 C 11YQ1' J1111V1 PAVL DivuionofPlanning Norm Coleman, Mayo� 25 West Fourth Street Telephone 612-266-6565 Saint Paui, MN 5�702 Facsim�le� 612-228-3314 �/i • i�. LI �I Date: July 17, 1995 To: Mayor and City Council From: Roger Ryan � Re: July 14th minutes The minutes of the Planning Commission's July 14th meeting concerning adult bookstores will be added to the packet when they are available in about a week. R:ISHARED\RW R�AAMNil UL.MIN Golbb/lyyb lb:�� b1L/31�174 ULbI IWU VUUN�IL r�uc o_ DIS�Ci' � C�3N�UNfl't'Y ��JI�TCIt� �5� 1�(� 2169 Suliwater Avenue, Suite 201 Saint Paul, MA7 55119-3508 Iune 5, i995 To: Roger Ryan, PED Planning Commission From: District 2 Community Counci! Re; Adult Bookstore Zoning Ordinaizce Phone:{612)731-5842 Fax: (612) 731 A194 At its May 2 Q, 1995 Physical and Neighborhoods Committee meetang, the I}istrict 2 Community Council reviewed the pxoposed Aduli Boakstore Zoning Amendment and passed the fallowing moa�n: 'T'hat "30Q square feet" be changed to "100 square feeY' in the proposed Adult Sookstore Zoning Amendment. This motion was then approved by the full Soatd of D'uectors at ics May 17, 1935 meeting. Tha reference is to the thzeshold amounts listed in the proposed amendment. The feeling of the Gouncil is that the proposzd language ailows for too large e space and that 100 square feet a£floor area is a more appropriate threshold size. Please enter this irno 2he recard at tt�e public hearing. I£you have any questions, please call Tim DornfeId, the District 2 Community Organizzr at 731-6842. EQUA4 OPYOR7UN!£YEMP1.c�YER / COM'RALTpR ��-i�� PRESEN'i' MINUTES OF THE ZONING CONMITTEE CITY COLNCIL CiIA.MBEP,S, SP.INT PAUL, MZNN"ESOTA ON NLY 6, 1995 Mmes. Faricy, IDtorton, �Rencl; Messrs and Vaught of the Zoning Committee; Attorney; Mmes. Dadlez and Sanders; Division Chavez, Field, Gurney, Kramer Mr. Segal, Assistant City and Mr. Ryan of the Planning PBSENT Time: 3:�5 - 4:45 p.m. The meeting was chaired by Gladys Morton, Chairperson. PDL3LT BOOKSTORE ZONII3G AMENDMENT. Referred to the committee on 3une 8, 1995. Mr. Ryan provided a staff report. Mr. Ryan said that the proposed amendment does not regulate the content of speech; it does not ban the sales or rental of adult material; it does not forbid consumption of adult material at stores, at homes, or hotel rooms. The purpose of the amendment is to clearly indicate to store owners and to enforcemenC officials how much adult material for sale or rent constitutes an adult bookstore. Mr. Ryan explained that businesses meeting the definition of an adult bookstore will be restricted to B-3, B-4, B-5, I-1 and I-2 zoned districts. If a business sells adult material, but does not meet the definition, then the business can be located in B-1 or B-2 districts. Mr. Ryan recommended adoption of the proposed definition: adult boo;cstore would be those having over 15% of its usable floor area or more than three hundred square feet (300) o£ floor area in adult material. Mr. Ryan gave his reasons for the recommendation. Mr. Ryan said that an interim ordinance defining adult bookstores as those having over 15% of useable Ploor area in adult material has been in place in Saint Paul for the past two years, and experience has been gained by video store owners with respect to compliance to this legislation. Mr. Ryan said that the proposed legislation is comparable to how other jurisdictions define adult bookstores. The survey done by the City's consultants showed that the median percent of floor area used by other jurisdictions in their definitions was 100. Another reason £or recommending this definition is that the video store industry has really sel£-defined what is and what is not an adult store by keeping the proportion and size o£ adult material under 15%. Mr. Ryan said he believes video stores do that because they want to avoid complaints and do not want the image of being an adult bookstore. An example of the self-definition is that there are 41 stores included in the survey. Three stores are 100a adult material; they have self de£ined themselves as adult bookstores. There are 9 stores that have no adult material; they have self defined themselves as non-adult bookstores. Twenty-nine stores have both adult and non-adult material; twenty-two of them, or 76g, have 15% or less space in adult material, self defining how sma11 a non-adult bookstore is. Looking at the entire range o£ the 1995 survey, 10 0£ the 41 stores (75%) have 15% or less adult materials. Mr. Ryan said that looking back to 1993 when a survey was first done in preparation £or an interim adult bookstore ordinance, 77°s of the video stores had 150 or less adult materials. Mr. Ryan said that there is a market reason R�- (�(�0 for limiting adult materials to 15%, and he believes that the video stores did look at this and this is what has sesulted in Saint Paul. Mr. Ryan said that the internal arrangement within the stores to limit access to minors was an issue that was raised at the Planning Commission. Mr. Ryan distributed copies of Chapter 275 of the legislative code for commissioners' review. The law says that store owners are obligated to restrict access of minors to adult material. This is already in place and addresses this issue, and precludes the need for its inclusion in the proposed zoning amendment. Another issue Mr. Ryan addressed was that of potential non-conforming uses. It was suggested that stores with over 15% of adult material in 1993 when the interim ordinance was adonted should be graadfathered in. Mr. Ryan said that existing non-conforming use regulations are in place and would apply to those businesses and didn't recommznd anything special for this use. Mr. Ryan addressed an alternative definition of adult bookstore: one that has 150 of the sales receipts for adult material. Staff believes that video store owners should not be relied on for the data, and that this method introduces such issues as more recordkeeping, the frequency of review, what the consequences of overages would be, what assurances would be given to target compliance. Mr. Ryan suggested it leads more to uncertainties that are comparable to the uncertainty that is present in "significant and substantial." Commissioner Vaught asked to see the language of chapter 276.01 0£ the legislative code, regarding dissemination o£ adult materials to minors. Mr. Ryan provided the language for his review and said that both chapters 275 and 276 are currently in affect. Commissioner Vaught said he would vote against the proposed amendment. He said that the ordinance in its entirety is an affront to the U.S. constitution and is fraud in advertising. Commissioner Vaught suggested that the proposed legislation is recommended simply to address concerns that flow from a single business in Saint Paul. Commissioner Vaught said he does not have a problem with restricting the view of adult ma[.erials, but does have a problem with doing it on a square £ootage basis because he doesn't believe that there is any demonstration o£ any connection between the square footage devoted to the sale o£ adult material in a particular facility and any demonstrated harm. Vaught continued that he believes this amendment to be a backhanded way of censorship and an attempt to use zoning regulations to force wriat would otherwise be a legal, business out of a particular neighborhood. Mr. Segal, City Attorney, attempted to comment regarding the secondary adverse affects resulting from adult bookstores, Commissioner Vaught challenged that Mr. Sega1 was attempting to provide argument without being requested for information by the committee. Commissioners Field and Gurney indicated a desire to hear from Mr. Sega1. Mr. Segal attempted to clari£y that what sta£f has set forth in the report and what they have asked the commission to address, is not whether adult bookstores cause seoondary adverse affect, because he said that h.as already been established, is to review and make recommendations on how the term should better be defined so that future enforcement purposes would be less likely to be successPully challenged on the grounds of vagueness. Mr. Segal said he was not arguing one way or another about what the committee should do, but speaking for explanation purposes on1y. Commissioner Field asked either staff or Mr. Segal to elaborate on the consequences of the proposed definition. r �5- l�� Mr. Sega1 said that the amendment would affect where the business may be located. If a business falls within the definition of the adult bookstore then its location is restricted to B-3, B-4, B-5, and the industrial zones, not in the B-1, B-2 or residential zones. Commissioner Field summa.rized detail supplied by Mr. Ryan from the staff report that there would be three businesses currently located in B-2 zoning districts that would be affected by this legislation at this time, one adult bookstore and two video stores. Mr. Ryan est2blished that Music and More, located on S4est Seventh Street, in a B-2 district, and which hzs generated some controversy, is one of the businesses that would be affected by the amendment. Commissioner Gurney asked whether the zoning amendment would be applied retroactively, or whether those businesses it applies to be grandfathered in. Mr. Segal responded that the staff recommendation would allow those businesses that are currently non-conforming, but legal, to continue. If the business met the code at the time they were established, and are within the 15� square Eeet required by the current ordinance, and they have more than 300 square feet, they would be non-conforming under the proposal, but would noC be required to con£orm. Mr. Segal further stated that some cities that have enacted regulations requiring nonconforming uses to conform, but that is not the case. Commissioner Gurney asked for further clarification thaC nobody would be put out of business, but rather restrictions would be placed on new businesses. Mr. Segal said that the recommended zoning amendment would also restrict existing businesses from becoming more nonconforming and would prohibit them from expanding their adult materials. Also, if it were determined that they are presently illegal, they would continue to be illegal. Commissioner Wencl re£erred to page 7 of the staff report relating to adult material and asked iE there is a possibility of using such a£ormula in Saint Paul, even though sta£f is recommending against it. Mr. Ryan responded that it is one measure in which a number of cities have used, and that Saint Paul could include it as well, but staff recommends that Saint Paul rot use this method far the reasons stated (on page 2, paragraph 2, of these minutes). Commissioner Vaught reviewed that Mr. Segal has suggested that secondary adverse affects have been demoastrated in other cities and said he has not seen any such evidence either through the testimony at the public hearing or in the staff report. Furthermore, he said that even if there is some generalized evidence of secondary adverse affect between adult facilities defined as those with £loor square footage of 15°s or more devoted to adult materials ttiat cause secondary adverse a£fects, he has seen no specific evidence in the city o£ Saint Pau1 of those secondary adverse affects. Commissioner Vaught said the committee should have the opportunity to review such evidence and challenged that that information has not yet been presented. S4ithout such evideace that adverse affect has been proven, VaughC said he is not prepared to vote in favor of the proposed zoning amendment. Commissioner Gurney said that he sees the ordinance as a mechanism to more clearly deEine what an adult use is so that City staff attempting to enforce any part of the ordinance has firmer ground in doing so. 3 q�-��c� Commissioner Kramer auoted £rom the staff report: "The report does not deal with the autixority to regulate adult uses or the need to regulate adult uses because of their deleterious affects on property values and crime. Commissioaer Kramer said that the City had an ordinance that us=d the term "substantial or significant portion'� and when attemDting to enforce that ordinance the City was taken to court. The ordinance was not thrown out, or determined unconstitutional, but the case was dismissed on the basis that "substantial and significant�� were not clearly defined. Commissioner Kramer said that the proposed amendment provides a clear definition of "substar_tiaZ or significant". Wnether or not that relates to a second issue of adverse affecc, Kramer said is another issue. He said that what is before the committee is a definition for adult bookstore. Kramer said that if the committee would like to go to a lower threshold that is an option as presented by District 2. There was comment that the proposed definition woui.d affect a number o£ businesses located in B-2 zoning. Commissioner Kramer acknowledged that, adding that every time the committee rezones a property it restricts their potential uses. Commissioner Vaught suggested that the committee has an obligation to demonstrate that what the committee is seeking to regulate has a legitimate reason, with some adverse affect. Commissioner Field questioned the necessity of this request and likened it to the oity's sign ordinance which he questioned whether the city is in any better or any worse shape for having or noC having a sign ordinance, but the £act is that it is in place. Commissioner Field questioned why section 275.01 has not been used for regulation of the Music and More Store. Commissioner Field asked within the zoning code, where the "adult bookstore" definition would be applicable to. Mr. Sega1 said that it is only in the zoning code and would only restrict location of adult bookstores in the aforementioned zoning districts. Commissioner Field asked how different the proposed adult bookstore amendment is in its ramifications from that of the gun shop ordinance. Mr. Segal said it is analogous, as the gun sfiop ordinance also dealt with location. However, licensing is in a di£ferent part of the code, and the zoning code provision only indirectly deals with licensing. Commissioner Field moved Chat the committee refer the adult bookstore zoning amendment back to the Planning Commission without recommendation, with minutes oE this meeting available prior to the Planning Commission meeting, and that a synopsis of where the de£inition of adult bookstore wi11 fit into the zoning code, to provide clarity regarding its ramifications. Commiesioner Kramer seconded the motion. Commissioner Wencl asked if the commitCee decided not to make any recommendation whether other sta£f recommendations will be coming forward regarding adult bookstores. Mr. Ryan said that there are not. Commissioner Vaught said he would vote for the motion. � n a5��a Commissioners Field and Rramer said they would like to see the Plaaning Commission participate in the discussion. The motion carried with a vote of 7 to 1(Wencl against). Commissioner Vaught asked that evidence as it relates to secondary adverse affects of these facilities, specifically as they relate to Saint Paul, but pertaining to other cities as well, be provided at the Planning Commission meeting. Mr. Sega1 clarified that ir the case of the lawsuit, that the ordinance was held to be valid and the lausuit was dismissed. Anproved by: Gladys Morton, Chairperson C ^ DEPAR"IMENT OF PLANNING & ECONOMIC DEVELOPMEN'i �� - (�� C IT� �F J� Pi�� Div'u�on of Planning Norm Coleman, Mayor 2.i West Fourth Street Teiephone: 612-266-6J6.i SaintPaul, MN55102 Facsimde.' 612-218-33/4 MEMORANDUM Date: July 17, 1995 To: Mayor and CiTy Council From: Roger Ryan "� Re: July 14th minutes The minutes of the Planning Commission's July 14th meeting concerning adu(t bookstores wi11 be added to the packet when they aze avai]able in about a week. K:15HARED\R W RW+MM7UL.MIN 06/0611995 10:00 E12731�194 DIST TWO COUNCIL PAGE 01 13IS�CI' 2 CDN�iITNd'I`Y �D�'1'vIIC� G � - �'� (�0 2169 Suitwater Avenue. Snite 201 Saint Paul, MtV 55119-3'4& June 5, 1995 To: Roger Ryan, P�D Planning Commission From: Diatrict 2 Community Councii Re: Adult Bookstore Zoning Ordinance Phone: {612) 731-6842 Faz: (6 t2) 73 t �A194 At its l�ay 10, 1995 Physiaal and Neighborhoods Committec meeting, the District 2 Gammuniry Counci! reviewed the pzoposed Adult Bookstore Zoning Amendment and passed the following moti�n: 'T'hat "3Q0 square �eet" be changed to "100 square feet" in ttxe praposed Adult Bookstore Zon�ng Amendment. Thls mation was then approved by the fu11 Board of Directors at its May 17, 1945 meeting. The referenCe is to the threshold amous�ts Gsted in the proposed amendment. The £eeDing of the Council ia that the propnsed language �tows for ton large a space and that 140 square feet o�£loor area is a more apprapriate threshold size. Please enter thas into the record at the publ"ac hearing. If you have any questions, please cali Tim Dornfeld, the Distr�ct 2 Community Organiz�r at '331-6842. EQtJAG QPP4RT'UNttY �MPLs?YE8 / CpNT'RAC7'OR Q� - l oL� June 13, 1995 Mr. Roger Ryan City Pianning Division iioo c�cy �i1 a� 25 W. Fourth St. St. Paul, MN 55102 Dear Mr. Ryan: ��c��v�� JUN 13 1995 ZONiN� On Friday, June 9, 1995, I attended a public hearing held by the St. Paul Plan- ning Coinnission relating to a proposed amendment �nending the definition of adult bookstores. During what should have been a cneeting to hear recaim�endations and ob}ections relative to the proposed amendment, I quickly became aware that the testimony being given by a rnnnber of individuals was little more than a diatribe against the very business for wham I am employed, Music & More, 961 W. 7th St. I now feel that it is my responsibility as Operations Manager of Music & More to defend the business against a n�nber of ridiculous and fabricated allegations made by the group appearing in support of the proposed amendment. I also note, for the record, an inability.oY unwillingness on the part of Chair- person David McDonnell to keep the cam�ents of this group focused on the topic of the hearing. After correctly pointing out the irrelevancy of the first two speakers' cam�ents, Mr. McDonnell continue to bend the procedural rules in allow- ing an excessive amount of time for their remarks, and in one or two instances, allowing individuals a second cY�ance to speak. I am thozoughly antiazed at the lengths this same small group of individuals has gone to oveY the past two and a half years in attempt to drive Music & More out of business. I'd like to co[m�ent on sare of the allegations referred to earlier - 'I�ao teenaged girls testified about the supposed obscene posters displayed in the store's windows. These posters feature Paula Abdul, Heather Locklear, Lita Ford, Madonna, Marilyn Monrce and other music and film stars. To many teenage girls, these stars are idols. These young girls testified to the "very bad" nature of these posters. However, being a proud parent myself, I can't imagine any parent not beir�g thrilled if their own children were to reach such fame and popularity. In addition, these same posters are available for sale in most music stores lo- cated in shopping malls, and also at Target and other department stores. 'I7�ese posters show no nudity whatsoever or any gcaphic chaYacterization of anatomical araaa_ InteYesting enough, it was Councilman David Thune who suggested, on a Saturday afternoon visit to the'store, that the windows be covered in response to a com- plaint. Although the windows in question were above average height (six feet), and no graphic nudity could be viewed from any street-side angle, we were more than happy to oblige Mr. Thune's request. - 2 - - tJ - ��V� As to the conments of Ms. Theresa McConnick and her overhead projections of what was supposedly a graphic video bo�c cover displayed or visible in a window, I'd maintain that anyo� could see that the photograph of the back of a video box was taken at vey close range and not thrrnigh a window as alleged. None of the adult videos are displayed in this fashion nor can they be seen from outside the premises. One would have to enter the adults-only section of the store which any adult can do and obviausly did. It appears to me that the small handful of people that appeared at the hearing in protest against retailers who rent or sell adult materials, do not represent more than a minimal amount of business at any of the 32 retailers cited in the proposed amendment. Obviously if there was not a demand for adult-oriented mat- erials, these retailers would cease supplying this product and go out of bus- iness. One video store owner stated at the hearing that, "I've been here for 13 years. How many other businesses have lasted that long?". I agree wholeheartedly! How many of these retailers along West Seventh Street, University Avenue, and dawntown ahve far outlasted many failed businesses. Businesses that are now vacant storefronts advertisng "space for lease" or "space for sale". These storefronts used to be major fast-foa3 chains, car dealerships, pharmacies and furniture stores. Remaining retailers with their lights on and "open for bus- iness" signs should be a welcome sight. In a city which is contirnially raising its' haneowners property taxes due to a lack on new cocmiercial growth, the exodus of businesses creating a shrinking coRmercial t� base, one would think any business that is successful in paying property taxes, sales taxes and employing the people of St. Paul would be con- sidered an asset. Too many companies have alreqdy been discouraged from doing business in St. Paul due to an ever-increasing bureaucracy. In a time when goverrnnent intrusion into our homes and personal life choices is prevalent, we should be vigilant that our liberties and choices are not limited by a few narrow-minded people who are intolerant of anyone else's views and values other than their own. Indiv- iduals such as those testifying on behalf of the propsed amendment tend to be sanctimonious, moralistic and self-righteous. Their views became more extrem- ist as their tunnel vision focuses on one single issue. These individuals should not be allowed to re-write the St. Paul Legislative Code. Those few that cry "Wolf" would have you believe that the City of St. Paul is overrun by perverts and pornographers and that the retailers who rent or sell adult videos and other adult-oriented merchandise are irnnoral and criminally- minded. I would suggest that those protesting adult entertairnnent may be living in the past. This is no longer the 1950s, a time when married couples slept in separate beds and when sex was a"dirty" word. This is now the mid-90s, when sex is discussed openly and freely on daily talk shows and portrayed in:.everq- thing from advertising to smap bperas to music videos. Adult material is avail- able on Cable TV, in most hotel/motel rooms on pay-per-view, and on satellite, DOS Systems and PC Internet. Certainly eveyone knows someone, or may ahve themselves participated in a stag party, purchased:a gag gift item, sent a"naughty" greeting card, worn sensual lingerie. They may have even gone so far as to read Penthouse or Hustler Maga- zine (available at such locations as the airport or B. Dalton Bookseller), rent- ed an adult video, etc. In addition, condoms, lotions and vibrating massagers can be purchased in many drugstores. qJ-ia�o -3- I would think that by now, most people Yecognize se�ality as a fact of.life and a basic human need. I am also certain that most people feel camfortable with their right to decide for themselves when and where they might purchase adult materials - rather than forfeit that choice to the goveremient. How many more years and how many more dollars will the City of St. Paul waste on this issue? CeYtainly the long-outdated term "adult bookstore" conjures up scary ideas in the minds of sare. THe image of a dirty old man in a raincoat hanging around every store that nents or sells adult videos is ridiculous. So are the myths of increased crime and propeTty values around such locations. I have yet to hear of or see any study which shows that personal consisnption of adult materials has any advexse effect on society. Therefore I suggest that we do not need any more govenmient regulations or zoning requirements than that which are already in effect. In studying the adult zoning issue, I cannot think of any more visible locations for stores carrying adult materials than our major four-lane avenues such as West Seventh Street, University Avenue, and Downtown. After a21, most of the current establistiments have been operating successfully for years in these lo- cations - witho}it problems or complaints. It would appear that on West Seventh Street, where bar and liquor establistunents dot almost eveYy block, any many of which feature legal gambli�g activity, entertairnnent for adults has been a focus for years. I have yet to find an owner or operatoY who will agYee Chat the ex- isting retail and video stores pose a threat and are not compatible with the otheY forms of entertairnnent foY adults which presently line the avenue. It was mentioned by one individual at the hearing that these stores attract the "very bad" element to these neighborhoods. However, coaanon sense would tell you that the people frequenting these stores are your neighUons, thus explaining why these businesses are located in virtua�l� every district of the City. The Planning Camnission is clearly trying to reduce or limit retailer's existing square footage and inventories by even more constitutionally questionable legislation. In conclusion, I feel our objections have been expressed arml'I would liketo thank you for your valuable time and attention. Any further questions or cotrnnents may be addressed to me. � _��— Douglas Ol�$on Music & More 961 W. 7th St. St. Paul, MN 55102 cc: Individual members of Planning Commission � � � �� `ZO��s PLANNING COMMISSION OF SAINT PAUL �� _ 1�� City Hall Conference Center 15 `Vest Kellogg Boulevard Saint Paul, Minnesota 55102 A meetin� of the Planning Commission of the City of Saint Paul was held Friday, July 14, 1995, at 3:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Bader, Carter, Faricy, Geisser, Maddos, Morton, Treichel and Wencl Present: and Messrs. Chavez, Field Jr., Gordon, Gurney, Kramer, Lee, McDonell, Riehle, Schwichtenberg and Vau�ht. Commissioners Mmes. *Lund-Johnson and Messrs. *Mahoney, *Mardell. Absent: �Excused. Also Present: Jerry Segal, Assista�t City Attomey; Ken Ford, Planning Administrator, Jean Birkholz, Kady Dadlez, Allen Lovejoy and Roger Ryan of the Planning Staff; and Wendy Lane from License, Inspection and Environmental Protection. I. Approval of Minutes of June 23, 199� �0"X`r�i'�t`:;_�oti?ro�SSisinee<�ie�d:it�oYed.apprflval :at; t�ie m �oi�imiss�c�rie� Tre�chei :s�cc�neled ih� �notio� ;ivhieh �assee II. Chair's Announcements - comments or concerns regarding the information in the attendance report should be referred to Chair McDonell or Jean Birkholz. - an issue for the downtown urban design task force will be reported later. - the Work Program Task Force will report later. III. Planning Administrator's Announcements - acting on an appeal the city council did not uphold the planning commission's approval of site plan for the Beulah Lane pazking ]ot in Como Park. - upon the planning commissiods request, the city council had asked their council research staff to undertake an evaluation of the Neighborhood Crime Prevention Program; the study is now complete; the study shows a very weak relationship between the area of funding and some decrease in violent crimes; no relationship to any decrease in residential burglaries; and no relationship between the level of organization for crime prevention and any decrease in crime. IV. Pu�alic`FTeai�ng: East Grand Avenue Commercial Parking Overlay District - (beriveen Milton & Dale) - (Roger Ryan) / ! a5- io�� Mr. Ryan explained that if the overlay patking district is created on Grand Avenue, the affect wouid be that the "rule of five" would be suspended durin� the duration of the district. The rule of five states that if you change a use to a more intensified use, and the new use requires five or fewer parking spaces, those parking spaces do not need to be provided. This suspension of tlie rule of five means that if an intensification of use is presented, one �vould need to provide the additional off-street parking on the lot of the use, on a near6y lot, or secure a variance. Mr. Ryan continued to explain that this Grand Avenue area meets all the c�iteria for an parkin� overlay district. Commissioner Geisser thanked Mr. Ryan for the excellent pubfic annotmcement that had been sent out in which he made perfectly clear some of the previous unclear issues. Chair McDonell read the rutes of procedure for a public hearin�. I. Marilou Cheple, 733 Lincoln Avenue, presented the position of the Summit Hill Association. Tliey feel that tl�e rule of five wili contribute to more parking problems on the avenue; the concept of erandfathering as proposed by the business association, would be construed to unfairly discriminate against ne�v businesses. She requested approval of the original joint Summit HilliGrand Avenue Business Association parking request to: 1) eliminate the rule of five; 2) only sug�est the parkin� lot improvements; and 3) continue banking of parking spaces. Commissioner Pield asked that Ms. Cheple provide her testimony in writing since it �vas difficult to hear her. She consented. (Made part of the record.} 2. Mitton Smith, 11 Hilltop Lane, and owner of property at 64Q, 642 and 644 Grand Avenue gave testimony. He believes that the small commercial properiy owner is being penalized if the rule of 5 is suspended. 3. Brian Alton, 908 Goodrich Avenue, spoke for the Grand Avenue Business Association. He refeired to the letter dated July 13, 1995, from Deb Kowalski, president of the association, �vhich indicates that at its most recent meeting, the association voted to modify its previous position, concluding that to totally eiiminate the rule of five on this area of Grand Avenue wouid be detrimental to the businesses currently Iocated there. 4. James Stopelstad, 1 Ed�cumbe Place, supports GABA's position that existing businesses be grandfathered in. Commissioner Field asked him to c]arify. Mr. Stopelstad added that he would grandfather in existing businesses under their existing ownership and structures. IYs a right that affects properiy value, and should not be removed willy-nilly. In ansver to a question asked by Commissioner Gumey, Mr. Ryan commented that if this were adopted, and if a more intense use came into a property, the business would need to provide the additional parking, or be granted a variance before it could be an established business. ,. .. IYdf3'S'IOPI C€�nimtssi�5ttez �e�sser mnved �a clt�se tlie'pu6hc h��ta acit! :"refex Y�te israttar fca the ��e��hborb'czod Corrii��ttee .Tiae m0�ian:i�as:seconcSzd hy Comz��ssic�tter�'.,uniey'aiiii - carried ut�a�ki�ouSlv c?n^� �=ofc� uot�:. q5 - I�b� "Of the three stores, how many have an excess of 300 square feet?" blr. Ryan answered that one store is in excess of 300 square feet. Commissioner Faricy announced that she is opposed to the motion. She considers this a spot zonin� case, and she totally disapproves of this action. Commissioner Schwichtenberg said he takes issue with Commissioner VaughYs notion that we're revisitin� tivhether or not this use should be re�ulated or, in this case, better defined. He added that the idea herz is to better define it, the discussion on �vhether to regulate or not has occurred before. He noted that according to the studies, there is quantifiable evidence there is a demonstrable difference in effect behveen those facilities who have 5 per cent of their square foota�e a](otted to aduit materials and those who have 9� per cent. Commissioner Vaught challenged Commissioner Schwichtenberg to produce evidence to prove that there is a demonstrable difference in effect beriveen those facilities who have 5 per cent of their square footage allotted to adult materials and those that have 9� per cent. Commissioner Gurney noted tUa[ he looks at this from an enforcement perspective, and he supports the motion. Commissioner Chavez stated that would vote against the motion to approve. Tli� nzo�iv�.:Q?�. L�Se _£lixir ta appioye; t�'e;p%o�o.seii:a.meni4m'ent �ie�'ni�z�_ an ad'uit baaksticire ca=ried on �;ud�c� uof�:�if i� to:3:(Chav�;;Fac�c};:�ai��tit�_ _ Commissioner Morton read the a�enda for July 20, 1995. Site Plan Review Request: United Waste Transfer Inc., 400 Whitall Street - To decide whether the commission will revie�i� the site plan and to schedule a public hearing for this purpose, if possible - (Tom Beach) Wendy Lane spoke for L.I.E.P. in place of Mr. Beach. She stated that according to Tom's letter of July 6, 1995, stafYs recommendation would be that a public hearing be held either at the planning commission meeting on August 11 or at the zoning committee on August 3,1995. Ho«'ever, since then the Land Use Committee of District 5 have met with, and have been workin� with United Waste, and have come to an agreement about what kinds of things the site plan should include; United Waste has agreed to everything. So, at this time, it does not appear to be a controversial issue, and there is no recommendation. Commission Field noted concern about a delay if the negotiations wou(d break down in a few �veeks. Ms. Lane stated that the commission could still hold a public hearing then, if they so desired. She does not anticipate that negotiations will break down. Commissioner Morton showed concern about this issue's relation to the Phalen Corridor. Ms. Lane stated that L.I.E.P. does not feel that the Phalen Corridor will be affected by this ne�v building at all. Q5- In�� Mr. Se�al reminded the commission that if the site plan revie�v is removed from staff, then the planning commission has the function of approvin� it. So, in essence, your motion would require the zonin� committee to submit a recommendation to the planning commission. An altemative is to hold an informational meeting with staff retaining autiiority over the site plan review. Commissioner Field commented on his dissatisfaction �vith staff; from time to time, for not using their authority to �o ahead and rzsotve issues because they're "controversial;" particularly with respect to site plan reviews. He asked Commissioner Kramer if he would entertain an amendment to make it an informational meetin�. Commissioner Kramer responded that is reason for moving a pubSic heaxinQ when there is an appeal for a site p]an review, it then takes more time to set a pub]ic hearin� and go through the process than it would have to set the public hearing in the first place. Commissioner Treichel stated that she would vote against the motion for a public hearing; she wants to speed things up. Commissioner Sclnvichte�berg expressed his ambivalence also; he thought he would vote in favor of the motion. Commissioner Gordon asked Commissioner Treichel how �vould the process keep on going without a public hearing. She answered that a public informational meeting would be scheduled for August 11, white staff continues to work with the community council and the new provider to be sure that the site plan can begin as soon as possible. Chair McDonell asked if the commission had an iciformational meeting on August ll, and they felt something amiss, cou]d they then intervene and still conduct a public hearing. Mr. Segai cautioned the commission about their ambivalence, and advised them to finalize their decision now. Commissioner Carter restated the matter as she understood it, and clarified commissioners Treichel and McDonelPs question by asking Mr. Se�al if a surprise occurred at the informationa] meeting, did the commission have a right to intervene, if they so chose. Mr. Segal responded that he thinks such action creates an ambiguity that could be used against the City in what final action is taken, and it would not be a time saving process. Commissioner Kramer reiterated that he moved for a public hearing in order to save time, and it can serve as an informationa] meeting as well as be a public hearing. Commissioner Field noted that he was swayed by Commissioner Kramer's argument, and would now vote in favor of the motion. Mr. Ford, in response to Commissioner Pie1d's comment about staff action versus bringing it to the commission, reminded the commission that staff has a set of criteria that was a�reed upon with the commission when this anan�ement �vas made to delegate authority for site plan review that we review by which we determine whether or not we raise the issue with the commission. He added that when it is brought to the commission, it is only to ask the commission whether or not they want to take it up or not, and they always have the option to say, "No, you can handle it." Mr. Ford's opinion regarding this case is that it can be handled well either way, and will be done e�cient]y and fairly straight forward. q � - ��o Commissioner Geisser noted that she has been convinced that staff should handle this prob(em. She �vill oppose the motion. Commissioner Lee supports the motion. Commissioner Chavez suppor[s the motion. Ms. Lane noted her ambivalence as well; ho�vever, she also noted that the need for a public hearin� doesn't seem as apparent as it seemed a fe�v months a�o. Commissioner Morton supports the motion. Tiie iiioiiQri>(ki�"��e floor cariied:`.iiri.:a'?i�ziee: �otc. Mr. Segal, commented on the afore mentioned issue re�arding the Grand Avenue Commercial Parking Overlay District Flan and the "rule of 5," and the business group recommending that it not apply to existing businesses. He stated that normalty nonconforming uses apply to the use, not to ownership. VI. Comprehensive Planning and Economic Development No report. VII. Neighborhood Planning and Land Use Ms. Geisser announced that there will be a meeting on Tuesday, July 25, 1995, at 4:00 p.m. VIII. Task Force Reports Chair McDonell reported that the Work Plan Task Porce continues to meet, and he expressed a positive affect from their meeting with Mayor Coleman and Deputy Mayor Pam Wheelock at which they discussed the rote of the planning commission. The commission will now clevelop and present a work plan ta mesh with the administration. Pam Wheelock will be asked to be present for and respond to a discussion of the work plan at a fuhire plannin� commission meeting, perhaps in September. Mr. Ford reiterated that the meetSng with the mayor was a positive oi1e, and that staff will continue to work with the task force Yo refine ideas that came out of that meeting. Mr. McDonell also reported on the Do�vntown Urban Design Task Force. The task force has had a request from the city council to make a recommendation to the city council on repainting the downtown skyway. The memorandum including that recommendation is dated July li, 1995. The Riverf�ont Task Force witl meet July 26, 1995, for a tour. Mr. Ford noted that Mr. Bill Morrish guided the task force during the first phase. During the second phase, because of the in[ensity of project activity and interest in the river and the complexities of the issues with the relationship of this area to downtown, it needs to be a very strong effort, and it needs to hapQen in a very short amount of time; so we have chosen a consultant who Mr. Ken Greenberg, from Toronto, who's very highly respected, intemationally, in issues of re- urbanization and new uses for urban areas. Currently, he's in the Twin Cities working on a �� - f�� LA'� new master plan for both campuses of the iJniversity of Minnesota. Old Business None. Mr. Ford reminded commissioners that as of 3uly l, 199�, an application wiH be automaticatly approved unless the city has completed its determination within 60 days. So tive need to be very clear on how we're going to handle future cases that have potential of becoming controversial. X. New Business None. XI. Adjournment ... :...... . :. MOTTC�IV : G;nmm�ss��ner S�Tenc1 ".'mdvec� to:ad�onrn, se�on�ted.by ��rzri�x'ts.sioner Fi�i�; eacri�d _ . . unatifmou�l�* pit a vai��-�+ote: The meetin� was adjoumed at 9:55 a.m. Respectfully submitted, Ken Ford Planning Administrator piannmg/mmures frtn Approved (date) Barbara A. Wencl Secretary of the Planning Commission 7 .illl-19-19'-1,5 14:N7 rNlll`1 LIIY NIIIINNrY`� iirr t.r ��rn�. � r...� : -�� q� - l�(�0 m�t�1�lGHLIn COnSCELTI�� SERVIC�S, tyc_ 900 G.li 8cutevard, Suite 3C: indizn Rocks ceach. ^fori�a 3a6>5 7n: $i3!595-7b34 Fzx 8l3(553��8? Ja�uary .t0 199� 9441 P�a:�dai[ !?.B. T;gue, Es4. p.ctorney at Izw 26Z0 ?�t?ccetlet Avenne �cuth ��ir.neapo�is, :��:*L�., 554D8. a7eaz M:. Ti; e, - Re S°candary Effects_ Dc�+�ntox-;z �aok � 1/zdea. Rochester, l�finneso.a Fh„snant to your :eqnest, piease accept this lectet as a preliminary report on £he 1S>llP3 Oi ��2QVeI5 $ZCO�(�dP.' e�icC1$'� u� SI}C7 :C1�T� IO il�� I,T011.117Uii7t DOVri k' iTiiiBO $Lf}7i. :R � RoChcstei, Mi-*vacsoia. As you aie swa; e, ��e are in ihe proc of ptCp&iin� a dUd1?Cd Plan, Review t� co;�s:der w�ether re�:?2rion of t, e sto:e es an Adu3t IJc� is app :oDiiaie. �n tbe r�eantime, t�ais leuer +�zl �erve as a prelininary reporz on c�e issues of proper<y values and dem2nd :or police senrices. Tp p;c�}�e:Sy ana?yza the effect of a aerticulzs ?and use on uiifere�it ylaiuun� iactors, it is neces<_ary to comp�.re tbe effe�u oi tl�e subject land use �vith "contro2 uses". Tne co,.tro2 uses a:e e�th°r uses wich sir.tilar t�zracteriscics, ur ot�er land vses �:d:ich raight t�e prublzr�ar,'r, anr� whica show t�e nature of °a�ver.e cecr,ndary P�P�;�" suffered by generic to�Amercial ogerauons, +�itbout reg�d tn th� type or caatent of tce business. In Rochester, we are doing a ru>o }e��ei �nalysis. We �ave Iooked at a total of three cOntzo� uses, ta compare specific prooerty values a�zd calIs `or police serti�ice. We sr� fzuther ccn�idering propErty vzlues in �he areas Qf the contzol uses and in the area o: Dnwnrown Book & Vuieo. '7'ne specific conuot uses considered are; �:is:ist��r Ac��k� Ci;r �hop. 8?5 ;��. �.oaa 131ockouster V��eo, 455 11 Avenue N.W, f3onk Revie•rv, 072 ?�'. �roadu�a,y ,i?ownrown �ook & Ytdea opened iu the surn�uer of 1992; so tt�at properry vaine data far tye ead a€ f992 a�ci toe end a; 19A3 {tbe most recent avaiabla,) aze relevani. �plite dafa weta provided £or a variefy oE per.'ods, a.�d were ar.atrze� foz' ti�e one year period ending 1z/3/34. ��nH�F2?Y v.4,LUB DA7'A . , PropeTty valves ai Downtown Book arut J�'rdeo and 2t tk•o o: ihe ihree cpniroi u5e5 rPmained Ganstant after the 1?ownttrwn Book was opencc3. Property values a: Cluisiian Eaok Srore iell �.24�ic. The property vaiue anaIyses af ihe areas is still undenvay, and will be rcparted to you shonly. `�-. �Y� �.�^�� ( �,'I II —19-1 995 1 G� l�lFi F�nr C 1 T} ;.iTT�iRNF`(S i iFF i(:F il I 5/r�s �.5 u r. �.i Ra= dall D. B. Ti�ue, �sq. Fgse ? J � 5- ��1�� 3anuary i0, 1995 9441 Accarc�inQ?y, =�.ere is r.o e�3dence that Doit:iito�+-tt �SOOk & Lideo has hao ar.y secondary ef:`ecu rz:2ted to �.*ope,ry vziues. POLIC� DAT,4 Police data `or fre areas o£ C)ov.mloxm Book & Yuteo and the con;rol uses have net yet been p:ovideC by iha C�ty Poiice 3�epartmer,t, uut a*e eap;cted ne�t week, Dat� fvr t2;a individual ous:aesses aze as fallo}vs: ,Dofm.io�%.n 6ock & Yideo had 15 Calls foz police sen>ice in tUe �er?od endir.g i2/3 j9�, nf these ?� calis, none re3ated Yo the s�ecific nature of the business, four �3�ere i»eider:ial (:ssigaed ta ihe add*ess but not ;elated to it,} and lI ��.•�re calis any busiaess cou[c� caUer=ca�t, (��` buralary/s�ar�s; four sl:opliftiIIg; oae trespa5sing an�' onc theft, ti?her). In tb� �ame rerioa, Guistisv: ,8ock had four ca1!s ane inciden?�1. ar. three that �ny 5usines: might �a�per;e :ce; Biockbuster had 18 c211s, including four incidenta2 cal�s and I� calls t�ai auy ��.sincss cvLld eaperience, (ir,c'uding n;�o suspic;ous circu��tai;ec:, ane sus�icious perso:�, ona robbeiy alarm, and on� disorderiy conduct); and.800k Revie:v hzd two calIs, boc� of which any husir,ess m.i�bt eaperienca. '�ns, Wi1LZ DOH%111Q1'J Book & Yuieo bad a bi;�er demand for pa�ice services t:�2n did :cvo of tbe coaua3 nses, it batt a ai�nii�autly lownr s3e�end tban did BLDekbus%er cndeo. Fu�-ih�r, Bloc.kbus!er bad more serions incidencs includir_g the robberv, the suspicioLS p�=sons or circumstances, ard the disorderly cQnduct. Accoreingly, there is no cvidctace :bat Dou�nsown Book & I>'uieo'aas an :nordinately hig}s deYr,and for police services, or seconda�� efiects :e;ated to rr.minal activir�. CONCLUSION s �yseu� on ;�.: rwsearctt conduc:e3 :o da.a, Y�ere is uo e�z.a.cace of adver.e secondar}° effects (dec >> g pregerty values ar increa<_ed de�ands for pa�ice sen;ces,) associated with �1ov:ntown Book & Yider�. Yours very truly, MeX.au�Ali� Cor�sultin� �erv':ces, Ine. (l. �� n'1..- R. Bnce'+RcT.,aughlin, AiCP President R$?vlcL/m Ti3f9441�12 TOTA� P.03