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HomeMy WebLinkAbout1997 01-29 PCM i I MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 29, 1997 CALL TO ORDER The Planning Commission met in a study session called to order by Commissioner Reem at 7:35 p.m. ROLL CALL Commissioners Graydon Boeck, Donald Booth, Rex Newman, Dianne Reem, and Brian Walker were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Mark Holmes was excused. Chair Tim Willson entered the meeting at 7:37 p.m. OATHS OF OFFICE Mr. Warren administered oaths of office to Graydon Boeck and Brian Walker, each reappointed to the Planning Commission for a two-year term expiring on December 31, 1998. APPROVAL OF MINUTES -JANUARY 15 1997 There was a motion by Commissioner Reem, seconded by Commissioner Newman,to approve the minutes of the January 15, 1997 meeting as submitted. The motion passed unanimously. Commissioners Boeck, Booth, and Walker abstained since they did not attend that meeting. CHAIR'S EXPLANATION Chair Willson duly noted the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings,the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. REVIEW DRAFT ADULT ESTABLISHMENT ORDINANCE Chair Willson introduced the proposed Adult Establishment Ordinance. The draft material consists of two new sections and a new subparagraph to amend Chapters 35, 19, and 7, respectively, of the City Ordinances. These amendments relate to three different ordinances concerning the public health, safety, morals and general welfare of adult establishments. Mr.Warren reviewed the background to development of the draft ordinances and referenced the joint Commission/Council meeting held on December 9, 1996. (See Warren's January 27, 1997 1-29-97 1 memorandum regarding Draft Adult Establishment Ordinance, and Joint Meeting Minutes of December 9, 1996 attached.) The consensus reached at the joint meeting supported concentrating adult use businesses to the Industrial Park Zoning District(I-1). Mr. Warren showed an overhead transparency identifying the specific 1-1 district where such uses could be located. The ordinances, prepared by the City Attorney's office, include language presenting various findings and purposes,definitions and terms, adult cabaret and public health regulations, and criminal penalties. Other metropolitan cities have adopted similar ordinances. The regulations are considered defensible in a court of law. The Commissioners discussed the draft ordinances and issues related to adult use establishments in the City. Commissioner Walker inquired whether some set-backs/limitations could be attached to the concentrated method of regulation and whether criteria regarding the sale of sexually-oriented materials that allow 25%or 500 square feet of the retail floor area of the business to be used for such materials and sales could be amended to allow a lesser amount of space. Mr.Warren stated he would discuss the questions with the City Attorney, but indicated, however, that it is likely that such changes may jeopardize the legality of the ordinances. Following discussion, the Commissioners did not interpose objections to the draft ordinances as presented. ACTION RECOMMENDING APPROVAL OF ADULT ESTABLISHMENT ORDINANCE There was a motion by Commissioner Boeck, seconded by Commissioner Booth,to recommend to the Council that it approve an Ordinance Relating to the Public Health, Safety,Morals and General Welfare: Adult Establishments: Public Health: Amending Brooklyn Center City Code by Adding Sections 35-2182, 19-900, and 7-600, and Amending Section 35-330, as drafted by the City Attorney. Voting for: Chair Willson, Commissioners Boeck, Booth, Reem, and Walker. Voting against: Commissioner Newman. Commissioner Newman opposed the draft ordinances because he preferred adoption of an ordinance that would disperse adult use businesses in the City rather than to concentrate them in a particular area. The motion passed 5 to 1. The Council will consider the recommendation at its Monday, February 10, 1997 meeting. These Ordinances will replace the moratorium ordinance expiring March 30, 1997. OTHER BUSINESS 1-29-97 2 i i i Mr. Warren reminded the Commissioners of the initial meeting of the Comprehensive Plan Update Task Force on Monday,February 3, 1997,at 7 p.m. in the Council Chambers. Subsequent meetings, including a public hearing,will be held in April,May,June,and July 1997. Tentative dates for joint meetings with the Council were reported. Mr. Warren reviewed the status of development projects in the City. He briefly commented on upcoming Commission agenda matters. The next Commission meeting will be on Wednesday, February 12, 1997. Commissioner Reem informed the Secretary and the Commissioners that she will be absent from the February 12 and March 27 Commission meetings. ADJOURNMENT There was a motion by Commissioner Booth, seconded by Commissioner Newman,to adjourn the Planning Commission study session. The motion passed unanimously. The meeting adjourned at 8:45 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial 1-29-97 3 1 1