HomeMy WebLinkAbout1996 12-09 CCM Joint Session with Planning Commission MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
AND PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER N THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
JOINT SESSION
DECEMBER 9, 1996
CITY HALL
CALL TO ORDER
The City Council and Planning Commission met in a joint meeting called to order by Mayor pro tem
Debra Hilstrom at 7:05 p.m.
ROLL CALL
Councilmembers Kathleen Carmody, Debra Hilstrom, and Charles F. Nichols, Sr., Planning
Commission Chair Tim Willson, Commissioners Donald Booth, Rex Newman, Dianne Reem, and
Brian Walker. Mayor Myrna Kragness entered the meeting at 7:30 p.m. Also present were City
Manager Michael J. McCauley, Director of Community Development Brad Hoffman, Secretary to
the Planning Commission/Plannina and Zoning Specialist Ronald Warren, Planning Commission
Recording Secretary .Arlene Bergfalk, and i'vIr. Jim Thomson, attorney, Kennedy & Graven law firm.
Councilmember Kristen Mann and Planning Commissioners Graydon Boeck and Mark Holmes did
not attend.
ORDNANCE TO REGULATE ADULT USE BUSINESSES (MORATORIUM ORDNANCES
NO. 95 -02 AND NO. 96 -20)
City Manger McCauley reviewed the issues related to siting of adult establishments within the City
of Brooklyn Center.
Mr. Thomson presented a legal overview of local regulation of adult uses. He distributed and
reviewed a document entitled: "REGULATION OF ADULT USES." Written and presented in a
question and answer format, the material described adult use, explained the existing legal protection
of adult businesses, and outlined the types of acceptable zoning and licensing regulations under
current laws that have been upheld by various courts.
The Councilmembers and Planning Commissioners took part in a discussion of the available options
to determine the appropriate method of regulation of adult use businesses for Brooklyn Center.
Regulation by licensing and two types of zoning regulations - dispersal regulation and concentration
regulation - were considered. The advantages and disadvantages of each type of regulation were
examined. Messrs. Thomson, McCauley, Warren, and Hoffman answered questions from the
participants.
121;9r96 -1-
Following the discussion, a consensus of the Councilmembers and Planning Commissioners
emerged that Brooklyn Center should regulate adult use businesses under a zoning regulation which
concentrates such businesses in a specific area of the City, and further that such businesses should
be concentrated in the Industrial (1 -1) Zoning District. These decisions were based on the best
interests of the community and that such regulation would be defensible in a court of law.
PROCEDURE
Mr. McCauley explained that Mr. Thomson will prepare draft ordinances reflecting the direction
set at this meeting for consideration by the Planning Commission in January 1997. The current
moratorium on the siting of adult uses expires on March 30. 1997; therefore, it is anticipated that an
acceptable ordinance will be developed and agreed upon for implementation on that date.
ADJOURNMENT
The meeting adjourned at 9:00 p.m.
Citv Clerk Mavor
Recorded and transcribed bv:
Arlene Bergfalk
TimeSaver Off Site Secretarial
12/9/96