HomeMy WebLinkAbout1997 01-29 PCP . PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
JANUARY 29, 1997
STUDY SESSION
1. Call to Order- 7:30 p.m.
2. Roll Call
3. Administer Oath of Office: Graydon Boeck and Brian Walker
4. Approval of Minutes - January 15, 1997
5. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is to
• hold public hearings. In the matters concerned in these hearings,the Commission makes
recommendation to the City Council. The City Council makes all final decisions.
6. Review Draft Adult Establishment Ordinance
7. Other Business
8. Adjournment
0 MEMO
TO: Planning Commission Members
FROM: Ronald A. Warren, Planning Commission Secretary
DATE: January 27, 1997
SUBJECT: Draft Adult Establishment Ordinance
Enclosed is a copy of a draft adult establishment ordinance prepared in response to direction
given following a joint Planning Commission/City Council meeting on December 9, 1996. (See
minutes attached.) Following a presentation by Jim Thomson from the City Attorney's law
firm and a discussion of adult uses, direction was given to prepare a draft ordinance regulating
adult uses under a zoning regulation which would concentrate such businesses in the Industrial
Park(I-1) zoning district. The ordinance is presented to the Planning Commission for your
consideration.
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The ordinance amends three separate chapters under the City Ordinances; Chapter 35 which is
the Zoning Ordinance, Chapter 19 which relates to nuisances and petty offenses and Chapter 7
which deals with general health and sanitation.
The draft ordinance makes various findings based on studies which have been provided to the
Planning Commission and attempts to establish an ordinance that would lessen the adverse
secondary impacts of adult establishments on the community.
The ordinance establishes a new section in the Zoning Ordinance (Section 35-2182) which
defines "adult establishment" as well as other terms relating to adult establishments. These adult
establishments would be limited to locating only in the I-1 (Industrial Park) zoning district.
The City Attorney has also recommended that the City establish certain regulations relating to a
specific category of adult establishments, that being"adult cabarets". Such uses would be
limited to the Industrial Park zoning district, and the City would establish regulations relating to
the operation of such a use within the City under the nuisance and petty offense chapter of the
City Ordinances.
The City Attorney has also recommended that the health and sanitation chapter of the City
Ordinances be amended to establish certain health and sanitation regulations for commercial
premises, buildings and structures that may be conducive to the spread of communicable
diseases.
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Generally, the Planning Commission is charged only with making recommendations regarding
zoning ordinance amendments. However, these items are inter-related and the ordinance has
been drafted in such a way that it would be appropriate for the Planning Commission to make
comments regarding other chapters that are proposed to be amended.
I will be prepared to review and discuss the proposed ordinance amendment in more detail at
Wednesday evening's Planning Commission meeting. It.should be noted that the moratorium on
the siting of adult establishments is set to expire on March 30, 1997.
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
AND CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
JOINT MEETING
DECEMBER 9, 1996
CALL TO ORDER
The Planning Commission members and the City Council members met in a joint meeting convened
by City Councilmember Debra Hilstrom at 7:05 p.m.
ROLL CALL
Councilmembers Kathleen Carmody, Debra Hilstrom, and Charles Nichols, Planning Commission
Chair Tim Willson, Commissioners Donald Booth, Rex Newman, Dianne Reem, and Brian Walker
were present. 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/Planning and Zoning Specialist Ronald Warren, Planning Commission
Recording Secretary Arlene Bergfalk, and Mr. Jim Thomson, attorney, Kennedy& Graven law firm.
• Councilmember Kristin Mann and Commissioners Graydon Boeck and Mark Holmes did not attend.
ORDINANCE TO REGULATE ADULT USE BUSINESSES (MORATORIUM ORDINANCES
NO.95-02 AND NO.96-20,)
City Manager 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 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.
. Following the discussion, a consensus of the Councilmembers and Commissioners emerged that
Brooklyn Center should regulate adult use businesses under a zoning regulation which concentrates
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such businesses in a specific area of the City, and further that such businesses should be concentrated
in the Industrial (I-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 decisions
reached 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.
Chair
Recorded and transcribed by:
Arlene Bergfalk
Timesaver Off Site Secretarial
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Notice is hereby OF BROOKLYN CENTER
Z;; that a p ublic hearing will be held on the day of
1997, p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment
relating to the public health, safety, morals and general welfare of adult establishments.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 569-3303 to make arrangements.
Ca
ORDINANCE NO. �=
AN ORDINANCE RELATING TO THE PUBLIC HEALTH,
SAFETY, MORALS AND GENERAL WELFARE: ADULT
ESTABLISHMENTS: PUBLIC HEALTH: AMENDING
BROOKLYN CENTER CITY CODE BY ADDING SECTIONS
35-21827/9-1900 AND 7-600 AND AMENDING SECTION 35-
330.
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is amended
by adding a new section to read:
Section 35-2182 Adult Establishments. Subdivision 1. Findings and Puroose.
Studies conducted by the Minnesota-Attomey General. the American Planning
Association_and cities such as St. Paul Minnesota: Indiana lis Indiana. kips_
Nnnesota• Lmsey, Minnesota: Minnetonka, Minnesota: Rochester Minnesota
Phoenix Arizona Los Angeles Califomi • and Seattle. Washington have studied
the im acts that adult establishments have in those communities. These studies
have concluded that adult establishments have adverse impacts on the surroundin
neighborhoods. These imparts include increased crime rates. lower ro erty
values, increased transiency, nei hbo -hood blight and otential health risks.
P,ased on these studies and v ndi g the city council concludes:
Adult establishments have adverse cg-.-,%nAga im acts of the t es set forth
above.
hi The adverse im acts caused hy adult establishments tend to diminish if
adult establishments aze governed by ryeoara hic licensirm. and health
r�uirements
cl It is not the intent of the C'tv council ""W" adult establishments from
having a reasonable o ortuni to locate in the city.
• d� Minnesota Statutes. se '
TO romote the ublic health safe57 morals and c eneralawelfareaulations
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• j T-bc public be rl F+, ,,ftty. n rt. and ; cncral wcltare will b¢ promoted by
the city adgp gg L,;,ulations -ovcr-,u adult establishments.
u ivisionZ Uefiaitions For purposes of this srcaiarl the f»Ilowin�ter:m�s hove
the meanings alive them.
1) "Adult Fetahli,br=" mons a :busincss where sexually-oriented
materials are suld, bartered, di5t ibutcd, leased..-orr furnished and which meet any
-of the following crit�
a) a business wbere sexually oriented materials arc pcovided ffrr use_
cons M2tioj„ eniovment or entertainment pn the has'IlOSS nrcrnises:
1�) a business that is distinoished or characte ircd t7v an cmpha.lis on the
description or display of spCCii'ieci scx=l ArAivi 3i
C) a business that J;s distinguishgd or ebaracterized by an emobasi,s on the
description or di.nl v of snccified anatomical areas:
an ad t cabarct as doped in Section 19-1900. Subdivision l:
• e1 a busincs3.pro viding sexually oriented materials or,iv fnr�ositc usc,
consumption, eniovment or entertaimniZm if the_2(2rtion of the businCSs
used for such purpose exceeds 25% cif the-rctail floor arcs of the-b-v.•ness
or 500 sauare Cget. whichevc-r,ia_l;!*s.
2). "Sexually oriented material," means visual, printcd or aural materials, obiects or
devices that are distinguished or cltaz actcrized by pu emphasis on the depiction ec
description of cpecifird anagmical areas-or_ pccified seKUS1 activities.
"Sneciad Anatomical A.rcas" means:
Less_than completely and Mquely covcred human ° AU,]2ubic
rc ions, buttocks anuses or femAcbmastZ below a pojnt
immediateiv above the top of'the arenla`and
b� Human male genitals in a- diSCernablc turgid state, evert if
completely and nn;iituCly cov^rcd.
"SnecifW Sexual Activities" means:
a� Actual or si nulatcd;_sexual intercourse: oral copuldtiun: ; +nal
ijttcrcomS,,oral-Anal copulation; bestialim direct phv,;icxl_stirrmtl
• tjou of unclotbcd Qenitals• flagellation or torttu-c in tl,c crrnttm Ld
a scx,mgA relatiQnship, the use of exc:emry fimctiurrs in the context
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of a sexual relationship; anilinm. bugger-y- coprophagy,
cop ro hllla cunnllingus•fellatio:necro hilia ederasty: edo hilia-
niquerism; sapphism• or zooerastia•
>� Clearly depicted human genitals in the state of sexual stimulation_
arousal. or tumescence:
Use of human or animal aculation- sodomy- oral co ulation.
coitus. or masturbation•
Fondling or touching of nude human genitals, pubic regions,
buttocks, or female breasts•
el Situations involvi a a person or persons, any of whom are nude
who are clad in undergarments or in sexually revealing costumes
and xag ed in the flaaellation torture fetterin bindin or other
Qhvsical restraint of any person-
Erotic or lewd touching fondling, or other sexually oriented
contact with an animal by a human bein • or
Human excretion urination. menstruation. or v inal or anal
• im ion.
Subdivision 3. Adult establishme
of this code. nts may be located only as allowed by Section 35-330
Section I Chapter 19 of the City Ordinances of the City of Brooklyn Center is amended
by adding a new section to read:
Section 19-1900: Adult Cabarets. Subdivision 1. Definition. An adult cabaret is a
business that P rovides danchig,or other live entertainment distinguished or characterized b an
emphasis on the presentation dis�Ia or depict of s ecified sexual activities or specified
anatomical are or the resentatio dis lav or d iction of matter that seeks to evoke. arouse
or excite sexual or erotic feelings or desires.
conditions:
Subdivision 2. An adult cabaret operating in the city g must com lv with the following
An owner, operator. or manager of an adult cabaret may not allow any
dancer or other live entertainer to display S ecified Anatomical Areas or
to display or perform Specified Sexual Activities on the Premises of the
Adult Cabare •
• A dancer. live entertainer erformer. atron, or an y other nemnp may not
di§pl ay Specified Anatomical Areas in an Adult Cabaret:
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• The owner o erator or manager of an adult cabaret must rovide the
following information to the ciry concerning anY Person who dances or
erforms live entertainment at the adult cabaret: The Person's name.home
address. home t&I hone number. date of birth. and any aliases:
dl A dancer live entertainer or erformer may not be under 18 can old:
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Dancin or live entertainment must occur on a nlatfnrm intended for that
ose and that is raised at least two feet from the level of the floor:
fl A dancer or performer may not perform a dance or live I entertainment
closer than ten feet from an v patron,
91 A dancer or Performer may not fondle or caress anv patron and no patron
may fondle or caress any dancer or p erformer•
A patron may not pay or give any gratuity to any dancer or Performer, and
A dancer or Derfo rmer may not solicit or —MT—tan-MT—tanv Pay or gratuity from
any-- Patron.
Section ;. Chapter 7 of the City Ordinances of the City of Brooklyn Center is amended
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Premises Conducive to High-Risk Sexual Conduct
Section 7-600. Fin din s and P e. The ci counciI of the Citv of Brookl
Center makes the followin findings regarding the need to r
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ulate commercial
premises. buildings, and structures 11 that are conducive to the sprea_ d of
commutucable disease of danger to
int in order to further the substantial
er public health•
? The erience of other cities establishes that certain commercial remises
buddin and structures- or arts thereof by reason of the desi in and use
of such premises building or structures are conducive to the spread of
co disease of er to persons fre uenti g such RLeMsM i
buildings, or structures, as well as to the general public- and that the risk
of spreadina infectious and ontagious diseases can be minimized by
reoulati such commercial premises. buildings_ and structures.
b) The ex erience of other cities where such commercial Premises. buildings.
and structures are v resent indicates that the risk of spread- g the sexually
transmittable disease of Ac tared Immune Deficiency Syndrome AIDS
is increased by the resence of such remises buildingm. and structure
• because the design or use of such Rre mises- buil linos, and structure& or
am thereof can facilitate high-risk sexual conduct.
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c� Medical Publications of the Center for Disease Control of the United States
• D artment of Health and Human Services indicate that the sexually
transmittable disease of AIDS is currently irreversible and uniformly fatal.
Medical research has further established that the risk factors for obtaining
or§preading AIDS are associated with high risk sexual conduct.
d) Certain commercial premises. buildings and structures or parts thereof by
reason of their desi n and use are conducive to high-risk sexual conduct
and hence the read of communicable disease and that the risk of
s readin infectious and contagious diseases can be minimized by
r2gulaLing these commercial premises buildings. and structures.
el The vublic health safety morals and general welfare will be Rromoted by
the citv ado tin regulations governing commercial vremises. buildings
and structures conduce to high-risk-sexual conduct.
The pumose of this section is to prescribe regulations governing
commercial premises, buildings, and structures that are conducive_ by
virtue of design and use to high-risk sexual conduct which can result in
the spread of sexually transmitted diseases to persons frequenting such
remises. buildings and structures. '
• Section 7-601. Definitions. The following terms have the meamn s given them
below:
1) 'Booth& stalls or partitioned portions of a room or individual room"
means enclosures specifically offered to persons for a fee or as an incident
to Delformingy high-risk sexual conduct or-(ii) enclosures which are art
of a business o grated on the remises which offers movies or other
entertainment to be viewed within the enclosure. including enclosures
wherein movies or other entertainment is dispensed fora fee. but does not
include enclosures that are nrivate offices used by the owne . managers
or persons emploved by the premises for attending to the tasks of their
efnQIovment. and which are not held out to the public or members of the
establishment for hire or for a fee or for the se of viewing movies or
other entertainment for a fee and are not o en to an iew.,persons other than
employees.
"Doors, curtains or vortal artitions" means M. com lete non-trans anent
closure devices through which one cannot see or view activity taking Wace
within the enclosure.
"Hazardous site means any commercial premises_ building or structure or
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any part thereof. which Is a site of high-risk sexual conduct as defined
"Herein.
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• "High-risk sexual conduct" means (il fellatio (ii) anal intercourse or (iii
ya final inteTCOUrse with persons who engage in sexual acts in exchange for
money.
e) "ON n to an adjacent ublic room so that the area inside is visible to
persons In the adjacent public room"means either the absence of anv entire
"door, curtain or rtal artition" or a door or other device which is made
of clear arent material such as glass, lexiglass or other similar
material meeting building code and safety standards. which permits the
activity inside the enclosure to be entirely viewed or seen by persons
outside the enclosure.
Public health official" means an or employee of the ci - county or
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state charged with the enforcement of the gate or local health laws.
Section 7-642. Public Health Regulations. Subdivision 1. A commercial
building structure remises or art thereof, or facilities therein may not be
constructed used_ designed or operated in the citv for the vurpose of engaging in.
or permitting persons to encaae in sexual activities which include high risk sexual
conduct.
Subd- 2. It is unlawful to own. operate, manage. rent. lease. or exercise
• control of a commercial building structure remises. or vord on or Part thereof in
the Ciry that contains:
Partitions between subdivisions of a room onion or art of a building.
structure or vremises having an aperture which is designed or constructed
to facilitate sexual activi including but not limited to ginal intercourse
anal intercourse, or fellatio between Dersons on either side of the artition.
i bl "Booths stalls or partitioned Portions of a room or individual room" as
defined herein which have "doors. curtains or pnrtn I artitions" as defined
herein unless the boo 1& stalls or artitioned RQ tions of a room or
individual room have at least one side o en to an adjacent ublic room so
that the area inside is visible to persons in the adjacent ublic room as
defined herein. Booths. stalls or partitioned Portions of a room or
► individual mom that are so o n to an adjacent public room must be
lighted in a manner that the ersons in the area used for viewing motion
ictures or other forms of entertainment are visible from the adjacent
ublic rooms but such lighting need not be of such intensity as to revent
the viewing of the motion ictures or other offered entertainment.
Section 7-643. Exceptions. The regulations set forth in this section do not a Iv
to remise buildin or structures that are lawfully o rating and licensed as
• ho tels. motels. a artment com lexes. condominiums_ townhomes. or boardin
houses which are subject to other general health and sanitation re uirements under
State and local law.
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Section 7-604. Health Enforcement Powers. Subdivision 1. In exercising Dowers
conferred by this or any other section of this code relating to communicable
diseases.the Public Health Official is to be guided by the most recent instruction&
opinions and euidelines of the Center for Disease Control of the United States
De artment of Health and Human Services that relate to the spread of infectious
diseases.
Subd. 2. In order to ascertain the source of infection and reduce its spread,
the Public Health Official. and Persons under the Public Health Official's direction
and_control. may inspect or cause to be inspected and to issue orders regarding
AaY commercial bullda structure or remises or my part thereof, that may be
a site of lush-nsk sexual conduct. If the Public Health Official determines that
a hazardous site as defined herein exists. the Public Health Official will declare
it to be a Rublic health hazard and Public health nuisance and will:
Al Notify them get. owner or tenant of the hazardous site that the Public
Health Official has reasonable belief that the—premises. building or
structure is a hazardous site as defined herein
>� Issue two written warnings at least ten da s a art to the manager. owner,
or tenant of the Drernises-Lqting,the Epecific reasons for the Public Health
Official's o inion that the memises. building. or structure is a hazardous
• site as defined herein
Once such notices and warnings.,have been issued the Public Health
Official must roceed as follows:
After the manager. owner or tenant of the remises has been
notified in writing as to the basis of the Public Health Official's
determination. the manager owner or tenant will have ten da s
from the date of the last warning to re uest a hearing before the
Public Health Official or the Public Health Official's appointee for
the determination as to the existence of such hazardous site. If the
manager. owner or tenant of the premises does not re uest a
hearing within ten days of the date of the last warning notice the
Public Health Official will then cause the 12remises to be vosted
with a warm g advising: the nublic that the Premises have been
declared a hazardous site and the Public Health Official will cause
orders to be issued to the manager owner or tenant of the Premises
consti tuting the hazardous site to take ecified corrective measures
to Prevent high-risk sexual conduct from taking place within the
premises.
If the manager. owner or tenant of the Rremises requests a heari
• the hearing will be held before the Public Health-Official or the
Public Health Official's a ointee at a date not more than 30 days
after demand for a hearing. After conside ' g all evidence. the
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• Public Health Official or the Public Health Official's a ointee will
make a determination as to whether the premises constitute a
hazardous site as defined herein and issue a decision based upon
all hearing evidence presented If the Public Health Official or the
Public Health Official's appointee makes a determination that the
Premises constitute a hazardous site the Public Health Official will
then issue orders to the manager owner or tenant of the premises
to take corrective measures to prevent high-risk sexual conduct
from taking place within the premises and cause the Premises to be
posted with a Mgmmg advising the public that the premises have
been declared a hazardous site.
If. within 30 days after issuance of the orders to the manager,
owner. or tenant of the hazardous site. the Public Health Official
determines that such corrective measures have not been undertaken.
the Public Health Official i may order the abatement of the
hazardous site as a public nuisance which may be enforced by
mandatory or prohibitory injunction in a court of competent
Luns , ction, or (ii) may secure a court order for the closure of the
remises constituting the hazardous site until the premises,buildings
or structure is in compliance with all provisions of this code
• Section 7-605. Criminal penalties. A erson violating any provision of this
section or an rson .who removes destroys or defaces warnirves Posted on
remises by the Public Health Official pursuanr to this chapter shall be guilty of
a misdemeanor.
Section 4. Chapter 35, Section 35-330 Paragraph 1, Clause a of the City Ordinances of
the City of Brooklyn Center is amended to add the following subparagraph:
13. Adult Establishments.
Section 5. This ordinance shall become effective after adoption and upon thirty(30) days
following its legal publication
Adopted this day of 1997
ATTEST: or
Clerk
Date of Publication
Effective Date
(Underline indicates new matter,
brackets indicate matter to be deleted.)
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