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HomeMy WebLinkAboutPCAgenda_95Mar27PLANNING COMMISSION AGENDA March 27, 1995 7 p.m. f ROLL CALL: Tom Brace _ Lee Barry _ Alex Hanschen _ Paul Kuettel Ken Salzberg _ Wendy Treadwell _ Betty Wilcox Sue Gehrz _ 1. CALL TO ORDER 2. APPROVAL OF MINUTES February 27, 1995 3. CITY COUNCIL MINUTES 4. Report on the proposed landscaping plans for Larpenteur Avenue and the Snelling and Larpenteur community business district. 5. Consideration of proposed amendments to the city's zoning code related to zoning to gun shops. 6. Adjourn • MINUTES • REGULAR PLANNING COMMISSION MEETING February 27, 1995 PRESENT ABSENT ALSO PRESENT Lee Barry (Chair) Susan Hoyt,Administrator Tom Brace Carla Asleson, Planner Alex Hanschen Sue Gehrz, Council Liaison Paul Kuettel Eric Galatz, Attorney Ken Salzberg Wendy Treadwell Betty Wilcox Meeting was called to order 7 p.m. by Chair Barry. A welcome was extended to two new commissioners, Alex Hanschen and Betty Wilcox; and to Sue Gehrz, new council liaison. Salzberg moved to re-elect Lee Barry as chairperson, seconded by Brace and unanimously approved. • REQUEST FOR A VARIANCE TO THE MAXIMUM ALLOWABLE FLOOR AREA OF 1,000 SQ FT FOR 1579B HAMLINE AVENUE TO ALLOW A 1,450 SQ FT CAFE/RESTAURANT IN A B-1 DISTRICT, CHAPTER 9 §8.01 SUBD. 2(k) OF THE ZONING CODE Carla Asleson, city planner, reported that Dirk Bordsen, property owner, has requested a variance to permit expansion of the cafe/restaurant to a total area of 1,450 sq. ft. A maximum of 1,000 sq. ft. is permitted by the zoning code for this type of use. She said this request would not be an addition to the building but involved remodeling of the interior area for use which currently is being used for storage. The expansion would add approximately 550 sq ft of floor space which would include a stage, seating area and a small entryway to an existing tenant, The Coffee Grounds. However, she reminded the commission that the variance goes with the property not with the current business. Asleson explained that in order to conform to the zoning code, there must be an additional off-street parking space established for every 2.5 additional seats created. Since there is capacity for up to 30 seats in the proposed expansion (21 seats in the expanded floor area and a potential 9 seats on the stage) an additional 12 off street parking spaces must be created. . Planning Commission Meeting 2/27/95 Page 2 Because there is no additional land space available for parking on the shopping center site, Mr. Bordsen has negotiated a private joint parking agreement with the owner of the adjacent Hamline/Hoyt Auto Service Shop, 1565 Hamline Avenue, to allow the Coffee Ground patrons to use the auto shop parking area after the auto shop closes at 5 p.m., Monday through Friday. The Coffee Grounds' prime parking times are Friday and Saturday evenings after 7 p.m. This agreement would provide the additional 12 spaces needed for the expansion. Asleson stated that joint parking arrangements of this type are permitted in the zoning code. [Chapter 9, § 13.04 Subd. 5(e)] Mr. Bordsen said that there is a hardship to him as property owner because the area, currently being used as storage space, was previously leasable commercial space and the only way he can reasonably use that part of his building is to expand the tenant of The Coffee Grounds. Asleson said that staff notified all properties abutting the shopping center and the two properties directly across from the center on Iowa about the proposed • variance. No comments were received. She said the commission has three alternatives with respect to this request: 1. Recommend denial of the variance and require that the business floor area be limited to 1,000 sq. ft. 2. Recommend approval of the variance to allow expansion to a total of 1,450 sq. ft. without further conditions. (This would require two variances -one for the floor area expansion and one for parking.) 3. Recommend approval of the variance to allow the expansion with conditions on off-street parking arrangements. Discussion followed. Salzberg moved to adopt the resolution recommending granting of the variance with the following conditions: That a joint parking arrangement with a commercial or institutional property within one city block of the subject property be kept current and on file with the city. This arrangement shall remain in effect for any tenant whose use requires, as defined in the zoning code, more off-street parking than is available on the property. At least 12off-street parking spaces, in addition to those on the subject property, must be provided during the business' peak business. • Seconded by Treadwell. Unanimously approved. • Planning Commission Meeting 2/27/95 Page 3 DISCUSSION ON ZONING FOR STORES THAT SELL FIREARMS Susan Hoyt, city administrator, gave a report on the city's current commercial development moratorium on stores that sell firearms. INTRODUCTION The current commercial development moratorium restricts the city from issuing a business license to any store that sells firearms until the moratorium expires on September 30, 1995. The purpose of the moratorium is to allow the planning commission and city council time to determine the most appropriate way for the city to zone for stores that sell firearms prior to permitting such a use to locate in the city. Although the council approved an extension of the moratorium until September 30, 1995, it has encouraged the planning commission to make its recommendation on how to deal with the issue by May of this year. • ATTORNEY COMMENTS Under §471.633, a governmental subdivision may regulate by reasonable, nondiscriminatory and nonarbitrary zoning ordinances, the location of businesses where firearms are sold by a firearms dealer. A firearms dealer is a person who is federally licensed to sell firearms and a governmental subdivision is an entity described in §471.633 and §471.634. Under 471.635, Falcon Heights is authorized to regulate the location of gun shops by "reasonable, nondiscriminatory and nonarbitrary zoning ordinances." NEIGHBORING CITY The City of St. Paul is currently considering an ordinance that restricts new gun shops and shooting galleries to an industrial zone and requires them to be 1,000 feet from any residentially zoned property or protected uses (parks, day-care centers, schools and churches). CONSIDERATIONS When considering how to zone for stores that sell firearms, two aspects of the ordinance must be considered -definitions and location. The definition of a • firearms store can include all stores that deal in any type of firearms or it can exclude stores that sell sporting goods with firearms as an accessory use. Planning Commission Meeting 2/27/95 Page 4 The accessory use is defined typically by percentage of floor space or percentage of sales. It is also necessary to determine an appropriate location within the city's commercial business districts for gun sales. Three approaches are available: 1. Permit the use in any of the city's business districts either as a permitted or conditional use. 2. Not include stores that sell firearms as a use in the city's commercial business districts. 3. Limit the use to a location that is distinctly away from residentially zoned areas and other protected uses by using a conditional use permit. A conditional use permit must be approved by the city council and requires notifying property owners within 350 feet of the property. Definition • Staff recommended that the definition of stores that sell firearms include all stores that deal in firearms including sporting goods stores and antique firearms sales. Location When siting an area appropriate for firearm sales, the city should specify a location that is distinctly away from residential property, distant from protected uses like Curtiss Field Park, the church (which has a playroom for young children) and the school. The best location seems to be the northwest corner of Snelling and Larpenteur (currently an Amoco station). After a lengthy discussion on which approach to consider, Salzberg and Kuettel suggested that staff write up a statement of intent allowing stores that sell firearms as a conditional use in the B-3 Community Business District specifying a location that is distant from protected uses. The commission unanimously agreed. Hoyt will draft the specific language to be reviewed by the attorney for the ordinance to be presented to the planning commission meeting in March for comments, revisions and recommendations. • PLANNNG EDUCATIONAL WORKSHOPS Asleson asked that if any commissioner were interested in attending a land use planning workshop speak with her after the meeting. Meeting adjourned at 8:20 p.m. Carla Asleson, City Planner Dee Swenson, Recording Secretary • s - -- CITY OF FALCON HEIGHTS REGULAR CITY COUNCIL MEETING MINUTES OF FEBRUARY 22, 1995 • Mayor Baldwin convened the meeting at 7:03 p.m. PRESENT Baldwin, Gibson Talbot, Hustad, and Jacobs. Also present were Hoyt, Asleson, Maurer and Sampson. ABSENT Gehrz. COMMUNITY FORUM There were no comments from the floor. MINUTES OF FEBRUARY 8, 1995 Minutes were approved as presented. • CONSENT AGENDA APPROVED Motion was made by Councilmember Gibson Talbot to approve the following consent agenda. Motion carried unanimously. 1. Disbursements a. General disbursements through 2/15/95: $128,543.22 b. Payroll, 2/1 /95 to 2/15/95: 513,075.76 2. Licenses 3. Approval of budgeted 1995 wage compensation for personnel POLICY AGENDA REVIEW OF THE ALLEY ASSESSMENT POLICY Mayor Baldwin explained that this item was placed on the agenda due to concerns from a small number of people who are to be assessed for alley reconstruction this summer. The current policy is to assess all property owners on the alley for 90% of the cost of reconstruction with the city paying 10%. There are a handful of people who do not use the alley for garage access and these people have asked for recon- sideration of the assessment proportions. The city's assessment philosophy has been to assess public improvements based upon service to a property. Assessments are not proportioned upon any user fee, because user needs change over time. City Council Minutes February 22, 1995 Page 2 Mitch Rothman, 1485 Idaho Avenue, reiterated that he has a driveway to access his garage and does not use the alley at all. The builder of the house made the decision to build the garage that way, and even if he wanted to, he could not use the alley. Mayor Baldwin commented that the service to Mr. Rothman's property is that he is able to have a very narrow lot. The houses in his neighborhood could not have been platted the way that they were unless alleys were put in. Mr. Rothman also has the future option of constructing his garage in such a way that he can use the alley. A few homeowners in Northome have done this -converted their garage to living space and built a new garage on the alley. Councilmember Jacobs asked about the issue of the 1982/1984 assessments and the role that they might play in this project's assessments. Administrator Hoyt explained that while corner lot properties paid somewhat more for the 1984 improvements, the assessment amounts were not related to use. • Councilmember Gibson Talbot expressed discomfort with comparing individual uses of improvements as the basis for assessments, since the use will change with the owner of the property. She asked how other cities' assessment policies compare to Falcon Heights. Engineer Maurer encouraged the council not to assess based upon usage. The assessment policy has changed since the 1984 improvements; some corner lots paid a bit more under the 1984 policy than they would if the same project were completed today. However, Falcon Heights' current policy for corner lots is much fairer than most for corner lots; many cities charge significantly more for improvements. Following a brief discussion, the council agreed that assessments for the 1995 alley improvement project would be calculated based upon current policy. IDEAS FORA "DONATION OPPORTUNITIES LIST" FOR THE FALCON HEIGHTS/LAUDERDALE LIONS CLUB AND OTHER INTERESTED PARTIES The city council adopted the donation list as provided by staff without additions, deletions, or corrections. PROPOSED GUIDELINES DURING THE MINNESOTA STATE FAIR FOR SECTION III D OF THE CITY'S ADMINISTRATIVE MANUAL Administrator Hoyt outlined the proposed addition to the city's administrative manual regarding State Fair policies. The policies contained therein are essentially the procedures that are in the city code and have been used by staff in the past. The City Council Minutes February 22, 1995 • Page 3 purpose of placing them in the administrative manual is to have a reference for staff, residents, and business so that everyone knows up front what the rules are and how to comply with city ordinances. Councilmember Hustad asked about residential parking permits and why they are issued only to certain apartment residents. Administrator Hoyt responded that they are issued to those apartments who do not have sufficient off-street parking and rely upon on-street parking year-round. Most single-family residential homes have a driveway and at least a single car garage that can accommodate multiple cars, even if that means shuffling cars for the short duration of the state fair. In the past, permits have on occasion been issued to single family homeowners for truly unique circumstances that require on-street parking. The idea is to have residents use off-street parking first, even if it is a short-term inconvenience, an use on-street parking as a last resort. Councilmember Hustad suggested that staff err on the side of giving out permits to residents who request them, rather than restricting them. • Mayor Baldwin stated that residents do not have a right to a parking space on a public street -the street is not an extension of private property. The apartments are a unique situation, as there is no other alternative but for those residents to park on the street. Councilmember Gibson Talbot commented that if staff started deviating from guidelines, the city may end up with many, many applications for on-street parking in the residential areas. Councilmember Hustad acknowledged that the deviations would be a judgement call by the staff and suggested that a log of requests be kept during the 1995 Fair. Councilmember Jacobs questioned the cost of distributing a flyer regarding the Fair rules to households. He suggested, and received concurrence from the council, that coverage of the topic in the city newsletter would be adequate to inform residents. Motion was made by Councilmember Jacobs to approve the addition of Section IIID to the city's administrative manual. Motion carried unanimously. REQUEST FOR AUTHORIZATION FOR THE CITY ADMINISTRATOR TO NEGOTIATE FOR A NEW FEE STRUCTURE FOR PROSECUTIONS • Administrator Hoyt explained that the city currently pays an hourly rate for prosecution services. She suggested that the city begin negotiations for a retainer fee structure, as the prosecution workload is expected to increase with a 24 hour designated officer with the St. Anthony Police Department in the city limits. Hoyt City Council Minutes February 22, 1995 Page 4 • recommended that the city authorize staff to conduct direct negotiations with three firms, rather than sending out formal requests for proposals. Motion was made by Councilmember Hustad to authorize the Administrator to negotiate with any legal firm deemed appropriate for aretainer-based prosecution fee schedule. Motion passed unanimously. CONSIDERATION OF REQUEST FROM RAMSEY COUNTY FOR A DONATION TOWARD A COMMUNITY CELEBRATION EVENT This request is for a contribution toward a celebration event in honor of those citizens who participated in Ramsey County's long-range strategic planning process. The city had four representatives -two staff members (Susan Hoyt & Clem Kurhajetz) and two advisory commissioners (Jeff Alexander & Paul Martinez). Mayor Baldwin and Councilmember Gibson Talbot expressed concern with this donation, as the business community is also being solicited for donations and this might cause conflicts with the new state ethics laws. Attorney Sampson acknowledged that the ethics laws are very confusing and open • to interpretation. With businesses getting involved in the contributions, the city may be crossing the line of receiving something of value from an "interested party". Mayor Baldwin noted that this request does meet the city's guidelines for donation requests. However, in light of the ethics concerns, he asked if the council would be amenable to denying the request for a flat contribution, but offer instead to pay the pro-rated cost of any volunteer attending function. The councilmembers agreed, expressing a desire to support the efforts of community volunteers. CITY INFORMATION AND ANNOUNCEMENTS Councilmember Jacobs updated the council on the activities of the Metropolitan Radio Systems Planning group. The lower frequency radio spectrum is completely used up. There are limited high frequency spectrum bands left at 800 megahertz. The legislature is presently looking at using this limited spectrum as shared frequencies between fire, police, regional agencies, and city and county government. Councilmember Hustad noted that the Park and Recreation Commission had recommended that the public phone at Curtiss Field not be reinstalled. The public phone, in the past, appears to have encouraged inappropriate behavior. There are houses near the park that could potentially be McGruff houses, which would address • the safety concern. The commission will revisit this issue in the fall. City Council Minutes February 22, 1995 • Page 5 Administrator Hoyt announced that, due to warm weather, city ice rinks had been closed for the season. ADJOURNMENT The meeting adjourned at 8:07 p.m. Carla Asleson Recording Secretary ,_~ ~~~~ Tom Baldwin, Mayor • • CITY OF FALCON HEIGHTS PLANNING COMMISSION DATE: 3/27/95 ITEM: ITEM: Report on the proposed landscaping plans for Larpenteur Avenue and the Snelling and Larpenteur community business district SUBMITTED BY: Fred Hoisington, Hoisington and Koegler Michael Schroeder, Hoisington and Koegler EXPLANATION/DESCRIPTION: The city's 1980 and 1991 comprehensive plans identify a need to upgrade the city's community business district at Snelling and Larpenteur Avenues as well as to improve community identity and aesthetics when the opportunity presents itself. The county's plan to reconstruct Larpenteur Avenue from Dale Street to Eustis Street in 1997 and 1998 provides the city with an opportunity to make some major landscaping and identifying improvements on the city's longest corridor. The city council contracted with the Hoisington/Koegler Group to prepare plans for the Larpenteur Avenue improvements. Fred Hoisington will be at the meeting to present the plans for the commission's information, comments and consideration. ACTION REQUESTED: 1. Introduce Fred Hoisington and Terry Maurer, the city engineer 2. Brief introduction to the Larpenteur Avenue project by administrator 3. Presentation and discussion of plans for Larpenteur Avenue and business district 4. Commission questions and comments ., • CITY OF FALCON HEIGHTS PLANNING COMMISSION MEETING DATE: 3/27/95 AGENDA ITEM: ~' ITEM: Consideration of proposed amendments to the city's zoning code related to zoning for gun shops SUBMITTED BY: Susan Hoyt, City Administrator REVIEWED BY: Eric Galatz, Attorney with Leonard, Street and Deinard Ellen Sampson, City Attorney EXPLANATION/DESCRIPTION: Background. At the February 27, 1995 planning commission meeting the commission discussed how to proceed with zoning for gun shops. Gun shops (stores that sell firearms) are currently included in the city's commercial development moratorium. Firearms are uniquely controlled by state statute (attachment 1). The commission discussed three options for zoning for gun shops: 1) making it a permitted retail use in the B - 3 Snelling and Larpenteur Community Business District; 2) prohibiting the use; or 3) making it a conditional use in a B - 3 zone with specific conditions related to its proximity to protected uses and buffering from residential areas. Protected uses include the school, the church and the park. The commission decided to pursue the third option, making gun shops a conditional use at a location with a maximum distance from protected uses. Map Staff created a map with distances from the two B - 3 commercial retail corners to the protected uses and adjacent residential areas (attachment 2). The map clearly identifies the northwest corner of the Snelling and Larpenteur Community Business District as the furthest retail area from the three identified protected uses and as the most buffered (although not the most distant) from adjacent residential uses. Proposed zoning code amendments (attachment 3) The following zoning code amendments would accomplish making a gun shop a conditional use at the northwest retail corner of Snelling and Larpenteur Avenues in the B-3 Community Business District. • Amend chapter 9 part 1.01 subdivision 2 definitions to include definitions of firearms, antique firearms, firearms dealer and gun shop. . • Amend chapter 9 part 8.01 subdivision 2 k. to exclude gun shops as a permitted use from small miscellaneous retail shopping goods stores in aB-3zone • Amend chapter 9 part 10.01 subdivision 2 0. to exclude gun shops as a permitted use from miscellaneous retail establishments in a B - 3zone • Amend chapter 9 part 10.01 subdivision 3 i. to include gun shops meeting specific criteria as a conditional use in a B - 3zone ATTACHMENTS: 1 - state statutes governing local pre-emption and zoning for firearms 2 - map of retail commercial corners with distances from protected uses 3 - proposed amendments to the zoning code 4 - state statute regarding security of firearms dealers ACTION REQUESTED: ~ Staff review of options and proposed amendments • • Discussion by the commission ~ Determine direction to proceed • If ready to proceed, schedule public hearing on proposed amendments for April 24, 1995 meeting • ~kcrv+u~M~-- a. • 471.63 MUHICIPAL RIGHTS, POWERS, DUTIES 1206 with the county auditor in which county such appropriation is made, within 30 days after such appropriation. The county auditor shall keep a record of the total appropria- tions so made. History: 1945 c 6 s 1-7,• 1949 c 486 s 2; 1969 c ISO s 1; 1973 c 583 s 34; 1986 c 444 471.631 REWARDS FOR INFORMATION ABOUT FELONS. A home rule charter or statutory city may offer and pay a reward or fund the pay- ment of a reward offered by a nonprofit organization in an amount it deems appropriate for information leading to'the apprehension and charging or conviction of a person alleged to have committed a felony within the city's limits. History: 1993 c 63 s 1 471.633 FIREARMS. The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other govern- . mental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that: (a) a governmental subdivision may regulate the discharge of firearms; and (b) a governmental subdivision may adopt regulations identical to state law. Local regulation inconsistent with this section is void. History: 1985 c 144 s 1 471.634 DEFINITION. For purposes of section 471.633, the terms "municipal corporation" and "govern- • mental subdivision," or instrumentality thereof, do not include school districts and other entities composed exclusively of school districts when school boards or school administrators are regulating school grounds, school facilities, school transportation services, school programs, or the conduct of students at any activities conducted under the direct or indirect supervision or control of the school board or administration. History: ISp1985 c 12 art 7 s 24 471.635 ZONING ORDINANCES. Notwithstanding section 471.633, a governmental subdivision may regulate by reasonable, nondiscriminatory, and nonarbitrary zoning ordinances, the location of businesses where firearms are sold by a firearms dealer. For the purposes of this section, a firearms dealer is a person who is federally licensed to sell firearms and a governmen- tal subdivision is an entity described in sections 471.633 and 471.634. History: 1993 c 326 art 1 s 3; 1993 c 366 s 8 471.64 ACQUISITION AND DISPOSITION OF PROPERTY FROM UNTIED STATES AND STATE AGENCIES. Subdivision 1. Any county, city, town, school district, or other political subdivi- sion of the state may enter into any contract with the United States of America or with any agency thereof, any state agency, or with any other political subdivision of the state for the purchase, lease, sale, or other acquisition or disposition of equipment, supplies, materials, or other property, including real property, without regard to statutory or charter provisions. The acquisition or disposition of such property from or to the fed- eral government shall be in accordance with the rules and regulations which may bepre- scribed by the United States of America or any agency thereof. Subd. 2. The governing body of any political subdivision of the state may desig-: pate by appropriate resolution or order any officer or employee of its own to enter a bid or bids in its behalf at any sale of equipment, supplies, material or other property. • including real property, owned by the United States of America or with any agency f~t,E«~~--z I SCHOOL w HURC ~ - --; F- W - - -tn ~ W r ~ - R- ..~,T-R.. Rat : ~~ ~~:~~r:. ....................::.. . ~AF2~DEN AVENUE ~ % ~ ' ( MAPLE KNOLL DR. w z ;~ Q w ~ :N 2 i I J ' W ~ N .I I i R1: ~, !~ 275' TO R7 ' it DISTANCES FROM COMMERCIAL PROPERTY AT THE NW AND SE QUADRANTS OF SNEWNG AVE. AND LARPENTEUR AVE. TO PROTECTEDM~UM~SES. WWUo~ CITY OF all~cn~ ALCON HEIGHTS ..R.~. _ , -~~ `LARP,ENTEIJR i i ~ I i ~ i ~ I E i I ' j270~ TO ~~ j ~~~ I ~ I I ~ ~ ~ ~ f I I~ i i I ~4 W1CA' ~ORNIA~ + i i o i i ~n --- i I i 'll ~ ~ i W.IDAHO' I ' I I ~ ' I AvtNWE ~ Y ~~ 7 i i l' i I l i~ Z ~! i l l~ ~ ~Z I I I z ~ ~ ; I: a j; l~ i ir~~IdHrA~ ~ i i~ 4 ~ I I I I ~a iAV/E~~It~EI C7 ~ J ~ i ~ i i i l i j~ l i~ ! I i I + ~ I I Im I ~ I i W ~ ~ i i i~ i i ~ i I I I I I I j I I N i i i M i l l i, ! i i i • i M ~°~'~ ~, U ~ ~V~~C~IICr~v~^ ~- . Minnesota Agricultural Property Tax Law (Green Acres Law) Section 273.111 Agricultural Property Tax. 62. Farm, Suburban - Agriculture. A suburban farm is a non commercial food producing use primarily intended for the use of the residents, and usually on less than ten (10) contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and domestic pets. 63. Feed Lot. The place of housing or feeding of livestock or other animals for food, fur, pleasure, or resale purposes in yards, lots, pens, buildings, or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals. 64. Fence. A partition, structure, wall, or gate erected as a dividing marker, visual or physical barrier, or enclosure. 65. Fill. Any act by which soil, earth, sand, gravel, rock, or any similar material is deposited, placed, pushed, or transported and shall include the conditions resulting therefrom. • 66. Final Plat. A drawing or map of an approved subdivision, meeting all requirements of the Subdivision Ordinance, and in such form as required by the community for purposes of recording. people store, borrow and exchange money including banks, trust companies, savings banks, savings and loan associations, credit unions, check cashing facilities, • and loan & thrift companies. G$~ Floor Area. A gross area of the main floor of a residential building measured in square feet and not including an attached garage, breezeway, or similar attachment. ~r~ Floor Area Gross. The sum of the gross area of the various floors of a building measured in square feet. The basement floor area shall not be included unless such area constitutes a story. 70. Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located. 71. Floor Plan-General. A graphic representation of the anticipated use of the floor area within a building or structure. 72. Footing. Foundation below frost line as prescribed by the Building Code. 73. Frontage. That boundary of a lot which abuts a • public street or private road. 74. Garage-Private. A detached one story accessory building or portion of the principal building, including a carport, which is used primarily for the storing of passenger vehicles, trailers, recreational vehicles or farm trucks. 75. Garage-Public. A building or portion of a building, where vehicles are kept for remuneration or hire and in which any sale of gasoline, oil, and accessories is only incidental to the principal use. 76. Governing Body. City Council of the City of Falcon Heights. • 78. Hotel. A building having provision for nine (9) or more guests in which lodging is provided with or without meals, for compensation, and which is open to transient or permanent guests or both, and where no 12 ~- Home Occupation. Any gainful occupation or profession engaged in by the occupant only of a dwelling and carried on within a dwelling unit and not in any accessory building. C • PLANNING & DEVELOPMENT 9-$.~l PART 8. "B-1" NEIGHBORHOOD CONVENIENCE DISTRICT 9-8.01 "B-1'~ Neighborhood Convenience District Subdivision 1. Purpose and Intent The purpose of the neighborhood convenience business district is to provide for small scale consumer goods stores and limited service establishments which deal directly with the customer by whom the goods and services are consumed. The maximum business size limit is 5,000 square feet. Some business areas may be further restricted by zoning regulations to avoid adverse impacts on residential neighborhoods. The district is primarily intended to serve the surrounding neighborhood rather than the entire community. It is designed to be accessible to retail customers from the nearby neighborhoods, to be compatible with the character of the neighborhoods, and to minimize the blighting influence on surrounding residential neighborhoods by limiting and controling of the uses that are permitted. • Subdivision 2. Permitted Uses. No structure or land shall ;c ~~~ed except for the following specific uses (SIC = Standard Industrial Classifications from the Office of • Management and Budget, SIC Manual, 1987): a. Barber shops (SIC 724) except barber colleges. b. Beauty shops (SIC 723) but excluding cosmetology schools. c. Convenience grocery stores (SIC 5411) excluding motor fuel facilities. d. Coin and philatelic (stamp) stores. e. Drug stores/pharmacies (SIC 5912). f. Dry cleaning and laundry pickup stations including incidental pressing and repair (SIC 7211, 7212) with a maximum of six employees. g. Florists (SIC 5992). h. Laundromats - self serve (SIC 7215). • i. Medical and dental offices and clinics (SIC 801- 804) . • j. Offices, business and professional. 60 • • k. Other small miscellaneous retail shopp.i.ng...goods stores (excluding repair and service ~a;_?_;) having a maximum floor area of 1, 000 square~~~~feet~~~which sell food, apparel and small specialty shopping goods including antique, sporting goods, book, stationary, jewelry, camera, novelty and optical stores (SIC 594) and small cafes and restaurants. Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a conditional use permit (CUP) a. Automobile repair establishments (SIC 7533, 7537, 7538) subject to the following conditions: 1. The use is existing as of the date of adoption of this amendment. 2. The structure and use shall not be expanded without city council approval, based upon finding that the expansion is a furtherance of the public health and safety and will not negatively • impactthe surrounding neighborhood. 3. Any change in use shall be to the same or • another B-1 permitted or conditional use. 4. No more than five (5) cars shall be parked outdoors overnight at any one time, and cars shall be parked in an orderly fashion in a designated area. 5. There shall be no outdoor storage of supplies, materials or trash. 6. Trash containers and parking areas shall be screened from view from residential areas to the maximum degree practicable in consultation with city officials and upon approval by the city council after review by the planning commission. b. Child Care facilities and nursery schools subject to licensing by the State of Minnesota. c. Motor fuel stations as an integral part of a convenience store located at the corner of a minor arterial and collector street as defined by the comprehensive plan. • d. Secondhand goods stores as defined in the zoning code. 61 • • PLANNING & DEVELOPMENT 9-lO.Ol PART 10. "B-3" SHELLING AND LARPENTEUR COMMUNITY BUSINESS DISTRICT 9-10.01 "B-3", Snelling and Larpenteur COMMUNITY Business District Subdivision 1. Purt~ose and Intent. The district applies only to the four quadrants of the Larpenteur and Snelling intersection. The district is designed to provide retail sales and services that only serve the surrounding neighborhoods' and community's needs. Retail sales and services that serve a larger geographic area are available in larger, nearby business districts in adjacent cities. By limited and controlling the uses that are permitted, the district is designed to be accessible to retail customers from the nearby neighborhoods and the community, to be compatible with the character of the • neighborhoods and overall community, and to minimize the blighting influence on the surrounding residential neighborhoods. • Furthermore, the district provides for and encourages compact centers for retail sales and services by grouping businesses into patterns of workable relationships that complement each other. The district is designed to be easily accessible to users. It excludes highway oriented and other high traffic volume businesses that would tend to disrupt the cohesiveness of the shopping center or its circulation patterns and shared parking arrangements. Subdivision 2. Permitted Uses. No structure or land shall be used except for the following uses (SIC = Standard Industrial Classifications from the Office of Management and Budget, SIC Manual, 1987): a. Auto parts and accessory stores. b. Apparel and accessory stores (SIC 56). c. Beauty and barbershops (SIC 723 & 724). d. Bowling alley . e. Coin and philatelic (stamp) store. f. Computer programming and data processing . services (SIC 737} , 67 • g. Eating establishments (SIC 5812). h. Financial institutions and insurance establishments with hours open to the public no earlier than 8 a.m. and no later than 6 p.m. An automatic teller machine may operate 24 hours a day. i. Food stores (SIC 54) excluding the outdoor sales of produce, meat and seafood. j. Hardware stores (SIC 5251). k. Home furnishing, appliance and equipment stores (SIC 57) . 1. Laundry, laundromat and dry cleaning establishments (SIC 7212, 7215 and 7219). m. Mailing, reproduction, commercial art, photography and stenographic services (SIC 733). n. Medical and dental offices and clinics (SIC 801- 804) . o. Miscellaneous retail establishments (SIC 59) including antique....s.tores but excluding fuel dealers p. Motion picture theaters (SIC 7832). q. Offices, business and professional. r. Office supply and art supply stores, retail. s. Paint and wallpaper stores, retail (SIC 523). t. Personal service establishments as follows: tax return preparation services, diet centers, costume and dress suit rental stores, photography services. u. Physical fitness facilities. v. Precious metal dealer with a precious metal dealer license. w. Printing and duplicating shops provided not more than six employees are employed on the premises at one time (SIC 7334) . x. Public and essential service uses. • y. Schools and studios for art, photography (SIC 722), 68 • • dance (SIC 791), music and interior design. z. Therapeutic massage enterprise (see 5-3.08 for license). zl. Video rental stores (SIC 784). Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a C.U.P. a. Animal grooming and pet stores provided there shall be no boarding of animals on the site. b. Bank drive-in facilities as an accessory use to a financial institution with hours open to the public as identified in the conditional use permit. • • • c. Basement storage of goods not sold on the premises provided that the space is completely finished and ready for use, is sprinklered, has elevator access, provides two pedestrian accesses, has an existing loading dock or area that does not conflict with adjacent residential areas or entry to businesses and is approved by the city fire marshal. d. Car washes which are accessory to the principal use and meet the requirements for service stations, Section 9-14.01, Subdivision 17. e. Child care and nursery school facilities subject to licensing by the State of Minnesota. f. Charitable gambling establishments as a principal use in accordance with the city's licensing requirements, Chapter 5, Section 3 of the city code. g. Custom manufacturing of handmade goods that are sold on the premises provided the manufacturing operation is incidental to a retail operation. 69 h. Drinking establishments, bars and taverns (SIC 5813) subject to the city's licensing requirements, Chapter 5, Section 3 of the city code. • • ~> ::isisi}:y::~iiY::{`~'CR::~:::~::::i:i:t:ii}::i:tiv:ii :'^::::2>""•::.{i`iiiiii....:•::;;:"(<a ~; ~:.iiiii ^iX ~::; ~"ii: w::;: :::::::::::::::::::::::::::: iJ::::F:: iF:i:ti:i:i/:i~ililw'i: yyyy+7,J~:~~y ..:jji.'i .: :i::ii:::..':, ::::::::}' i:~~~. iy:~. y: •i .:::}:: {i•...~ v .}.}.:y~~:::i'ri :::: •::~~.y:::i:::.}~....}}~..{?y:~:. .::.}'~:1i .•i ;:i:::i::}Lv:ii;}: ::•i}:::::::::: ::v::: ::.::: :•i: ~:i::{ii:;i:::i:'::iiiif:'}::~ ....... ..: iiii}i}i};iiiiiiiyi}i}ii:'+::::~~ :::::::::::::::::::::::::::::::::: ........................................... ?~> • • ':a': Hotels and motels by P.U.D. (SIC 701). j. Motor fuel or service stations subject to thedesign and performance standards as specified in Section 9- 14.01, Subdivision 17 of this code. k. Multi-family housing by Planned Unit Development. 1. Pool halls and billiard parlors meeting the following minimum conditions and other conditions as deemed necessary at the time of application: (i) no electronic games (ii) hours of operation from 9 a.m. to midnight (iii) exit and entrance toward Larpenteur or Snelling Avenue, not toward the adjacent residential neighhood (iv) parking accommodated along the building's facade facing Snelling or Larpenteur Avenues, not along the building's facade facing the adjacent residential neighborhood (v) security personnel as deemed necessary at the time of application for a permit and at the annuel review of the permit • • m. Satellite communications dishes as an accessory use. n. Second hand goods store, as defined in the zoning code. o. Veterinary clinics with no boarding of animals on 70 -~-~na ems- 4 325 CRIMES, OTHER PROVISIONS 624.717 • or any person who manufactures or assembles a Saturday Night Special Pistol in whole or in part, shall be guilty of a gross misdemeanor. History: 1975 c 378 s 6 ---~ 624.7161 FIREARMS DEALERS; CERTAIN SECURITY MEASURES REQUIRED. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail business in which pistols aze sold from a permanent business location other than the dealer's home. (c) "Small firearms dealer" means a firearms dealer who operates a retail business at which no more than 50 pistols aze displayed for sale at any time. (d) "Large firearms dealer" means a firearms dealer who operates a retail business at which more than 50 pistols aze displayed for sale at any time. Subd. 2. Security measures required. After business hours when the dealer's place of business is unattended, a small firearms dealer shall place all pistols that aze located in the dealer's place of business in a locked safe or locked steel gun cabinet, or on a locked, hardened steel rod or cable that runs through the pistol's trigger guards. The safe, gun cabinet, rod, or cable must be anchored to prevent its removal from the prem- ises. Subd. 3. Security standards. The commissioner of public safety shall adopt stan- • dards specifying minimum security requirements for small and large firearms dealers. By January 1, 1993, all firearms dealers shall comply with the standards. The standards may provide for: (1) alarm systems for small and large firearms dealers; • (2) site hardening and other necessary and effective security measures required for large firearms dealers; __ (3) a system of inspections, during normal business hours, by local law enforce- . ment officials for compliance with the standazds; and (4) other reasonable requirements necessary and effective to reduce therisk ofbur- glaries at firearms dealers' business establishments. History: 1992 c 571 art IS s I1 ~, 624.7162 FIREARMS DEALERS; SAFETY REQUIREMENTS. Subdivision 1. Fuearms dealers. For purposes of this section, a firearms dealer is - any person who is federally licensed to sell firearms from any location. Subd. 2. Notice required. In each business location where firearms are sold by a firearms dealer, the dealer shall post in a conspicuous location the following warning in block letters not less than one inch in height: "IT IS UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM WHERE A CHILD CAN OBTAIN ACCESS." Subd. 3. Fine. A person who violates the provisions of this section is guilty of a petty misdemeanor and may be fined not more than $200. History: 1993 c 326 art 1 s 33 624.717 LOCAL REGULATION. Sections 624.711 to 624.716 shall be construed to supersede municipal or county regulation of the carrying or possessing of pistols and the regulation of Saturday Night Special Pistols. CJ History: 1975 c 378 s 7,• 1985 c 144 s 3 624.718 [Repealed, 1985 c 144 s 4] • • • r: • • • or Brian Judy, few things used to _ be as unpleasant as an appearance before the Washington State legislature. Judy represents the interests of the National Rifle Association in the .~w Pacific Northwest. With the exception of those who lobby for tobacco, there has hardly been a more unpopular individual in Olympia in recent years. When it came time to testify on firearms issues, Judy rarely received a sympathetic hearing. In fact, it was down- right hostile. Typically, his appearance before the Democrat-led House judiciary committee would be followed by the wrenching testimony of a gun violence survivor or a victim's family member. This did not happen by coincidence. "The chairman choreographed the hearing to make pro-gun supporters look like a bunch of insensitive slobs," says Judy. That changed this January. With Republicans in firm control of the House-and a new pro-gun rights chair- man, Mike Padden, overseeing the list of committee witnesses Judy's turn at the mike was decidedly less stressful. There was less pencil-tapping and eye-rolling from the committee members. The ques- tions were not so contentious. Gun victims ,~ COVER STORY/POLITICS The NRA and its allies .are promising a major offensive to roll back recent gun control gains. Given the election victories of 1994, there is every reason to believe they will get much of what they want. directed toward President Clinton cer- tainly played a considerable role, as did the roiling anti-government sentiment voiced by voters. And any GOP gains in Washington State must take into account the significant impact registered by the state's potent Christian Coalition. In Washington, as in most other states, it was a bad year to be a Democrat, period. Still, any way you look at it, the gun lobby's fingerprints are all over the takeover of the Washington House: All but two of the 27 new House members who works on legislative and congres- sional campaigns. "It was astounding. Anywhere you went, the one subject that was certain to come up was gun rights." The phenomenon was hardly limited to the state of Washington. After a recent series of stinging defeats at both the state and federal level, the NRA and groups allied with it are returning to their status as the most feared-and most effective- lobby not only in Olympia but in state capitols across the country. In a number of states, the political equation has changed so radically that not only are there likely to be few steps toward gun control but gun control forces can expect to find themselves defending against attempts to turn back recent gains. "Our whole focus is not going to be on the defensive. We really want to go on the offensive," says Tara A. Reilly of the national NRA's state and local affairs divi- sion. "We want to pursue our own agenda-that is, repeal and reform." The gun lobby has reloaded in Wash- ington and enough other states to make it a virtual certainty that there will be a revisiting of the firearms debate, whether it is at the margins of firearms restrictions or on major issues such as assault weapons or the right of states to pre- empt stricter local gun control ordinances. In Texas, for example, NRA-endorsed candidate George W. Bush, a Republi- were nowhere to be seen. For once, Judy's three minutes in the spotlight were like those of any other witness. Nowadays, items at the top of the NRA's agenda, such as scaling back fees for gun dealers and repealing a requirement that guns be car- ried in an opaque case, are likely to receive a respectful hearing. The reason is due at least in part to the gun lobby's role in Washington State's 1994 Republican romp. Last November, the state House experienced the largest turnover of any legislative body in the country. There is plenty of debate as to how much of the Republican landslide was in fact attributable to the NRA. Anger carry top ratings from the NRA. In the state Senate, Republicans also picked up three seats, bringing them to within two votes of a majority. Perhaps the most telling indicator came from the central and eastern regions of the state, where pro-gun senti- ment and antipathy toward Democratic Governor Mike Cowry's 1994 crime and gun control package were deepest. Voter turnout east of the Cascade Mountains ran far higher than in the Seattle area. "Politically, the issue was red-hot for any candidate in 1994 in this state," says Brett Bader, a Republican consultant BY CHARLES MAHTESIAN can, defeated Democratic Governor Ann W. Richards, setting up a legislative bat- tle this year over one of the most contro- versial items on the gun lobby's agenda: the right to carry concealed weapons. Richards earned the ire of gun owners by vetoing a measure that would have left the issue up to the voters to decide. The NRA's repeal-and-reform agenda will also be highlighted in states such as Missouri and North Carolina, where sizable Republican legislative gains have made both states more receptive to pro-gun leg- islation. In Washington State, says pro-gun state Representative Tom Campbell, "the changes will be dramatic. You'll see just 16 GOVERNING March 1995 Timothy Knepp illrestration • • • n • about zero gun control issues come through here. In fact, we'll probably recover some of the lost ground from last yam, „ ronically, it was just one year ago, a half-hour before midnight on March 11, 1994, that gun control advocates in Washington State posted their great- est victory in recent memory. Despite intense pressure from the state's firearms owners-and a floor fight that culminated with the appearance of an ailing legislator who collapsed after cast- ing his vote-the House sent Bill 2319 to a receptive Gover- nor Lowry. The $18 million crime package provided money for prevention pro- grams and introduced tougher sentencing measures. It also restricted juvenile access to firearms, stiffened penalties for the illegal use of guns and imposed other firearms restrictions. It was proof, gun control supporters and the media glee- fully concluded, that the gun lobby, once known for its obsti- nance and muscle in state capi- tols, was in decline. At the federal level, the NRA was still stinging from passage of the Brady Bill, which took e$'ect in February 1994 and required a five-day waiting period and police background checks for people who buy handguns. At the state level, the issues that ~~~~ mattered most to the gun lobby-state preemption of local firearms restrictions, the right to carry concealed weapons and restrictions on so-called "assault weapons"were under attack from newly emboldened legislators and governors. "We thought we had some momentum in our favor," says Kent Caputo, Gover- nor Lowry's legal counsel. "Not so much momentum that would weaken the NRA, but certainly momentum to make some of these people that generally sit on the fence jump up and think, `Gee, I guess we can take them on.' " Over the past two years, even in states where the NRA once dominated the polit- ical landscape, gun control supporters racked up triumph after legislative tri- umph. With polls reflecting widespread public support for gun restrictions, even states with strong pro-gun traditions- 18 GOVERNING March 1995 Washington, Colorado, Utah, California, Pennsylvania, Texas-began passing and considering restrictions that would have been unheard of in years past. In California, the architect of the state's assault weapons ban, Senator David Roberti, survived a much publi- cized recall effort engineered by the NRA. Colorado and Utah passed restric- tions on juvenile possession of firearms. Virginia limited handgun purchases to one per person per month. In Connecticut, the firearms debate became so overheated that one angry gun control activist actually severed his trig- ger finger in protest-and delivered it to the state's chief gun lobbyist. Then-Gov- ernor Lowell P. Weicker Jr. became so exasperated over the failure to pass his gun control package that he vowed to drag legislators into special session every month until the November elections unless the measure passed. When the legislature finally acquiesced, Weicker, upon signing the bill, turned to an aide and said, "Make sure you send a copy to the NRA." Weieker's sardonic remark merely acknowledged a widespread per- ception: that the NRA was getting its comeuppance. That perception may have been pre- mature. Renowned for its intransigence, the gun lobby operates on a self- described "NATO Strategy"-it treats an attack on any one type of firearm as an attack on all firearms. "We're here to defend a right we think is important. And you don't compromise on a right," says Alan Gottlieb, chairman of the Bellevue, Washington-based Citizens Committee for the Right to Keep and Bear Aims. Even before the 1994 election cycle, the NRA was attempting to head off those who believed its influence was on the wane. In a magazine for political con- sultants, the NRA ran a firll-page ad fea- turing pictures of ousted New Jersey Governor James J. Florio and an unsuc- cessful gubernatorial candidate in Vir- ginia, both Democrats, warn- ing that their fate awaited anyone who attempted to run against and demonize the gun lobby. It was an exaggeration, to be sure-at best, the gun lobby played a marginal role in both races-but it served to further the NRA's image as an intimidating force in state capitols. Electoral hardball is only one facet of the NRA's approach. What the gun lobby does best is organize-not just at the ballot box but in the legislative arena as well. There are an estimated 70 million gun owners in the country, not all of whom are members of the NRA, but many of whom are concerned about any infiingement on their rights to keep and bear arms. In Washington State last year, gun owners showed up a thousand ~~~~ strong on the steps of the capi- tol to protest. "They line up for hours in advance of committee hearings," says Seattle City Council member Margaret Pageler, a gun control advocate. "You're lucky if you get in." ven in a moment of triumph for its opponents, the gun lobby in Wash- ington State was able to demon- strate surprising organizational clout. The proof is not in what the state's new crime bill contained, but in what it did not contain. Last year seemed the perfect opportu- nity for Lowry to accomplish one of the top priorities of the gun control move- ment: aban on assault weapons. By tying the ban to the larger anti-crime package, Lowry assumed he had the necessary political cover. The battle over Bill 2319 closely mir- Rich Frishman photograph Washington State will see `just about zero gun control issues' this year, says Representative Tom Campbell. ................................................................................................................ • • c: • rored the debate on the federal crime bill being worked out at the same time in Washington, D.C., with Republicans publicly attacking it as an example of social spending gone awry without neces- sary tough sentencing measures. The real action in Washington State, though, was happening at the committee level, where the gun lobby does its best work. Alan Gottlieb, whose organization often works with the NRA, describes a typical conversation with a wavering leg- islator. "We basically say, `We're not ask- ing you to take a lead position. If you feel like you have to vote against us, then we'll have to hold it against you. So while you feel the media's heat now, you're going to feel ours later. On the other hand, what we would ask you to do, and we'll work with you on it, is work in com- mittee, work quietly with your other col- leagues to get the bill killed so that you don't have to cast that vote at all.' "We give them a way to cop out," he says. That's why the assault weapons ban was dead on arrival. The House didn't even bother to take a vote, despite a letter from Lowry urging members to support the ban of 19 specific weapons, including the Uzi and the AK-47. A handful of lib- erals from Seattle sought a vote, but with the November elections looming, the leadership balked. "We had to pull chits just to get a hearing," says Kent Caputo. Though Senate leaders felt essentially the same way, they reluctantly went on record with a vote. Armed with polling data showing that two-thirds of the state's residents backed a prohibition on assault weapons, Senator Lorraine Wojahn forced a floor vote on the ban. It fell two votes short. "I was shocked at some of those who didn't vote for it," admits Wojahn. Not everyone was as surprised. "The polls show 60 to 65 percent support an assault weapons ban. That's true," says Senator Adam Smith, a Democrat who was then chairman of the judiciary com- mittee. "But the intensity of the opposi- tion is far greater than the intensity of the support." Wojahn was not the only Democrat to misjudge support for a ban. Citing internal polling, the state Democratic party encouraged legislative and congressional candidates to highlight their support for an assault weapons ban. Direct mail to voters also centered on support for the ban. That miscalculation proved costly. Within the party itself, there was a schism between conservatives and liberals not GUN CONTROL IN THE STATES (Selected laws, as of June 1994) ~~ Ala, . ` :::.. ~~ Al2ska M ~~[[ss,, Ari.. • H° Colo. H r~ ...,, ~ ~,:. ,Conn::. !',~ r>?.~ aF~ i~.C. ` ~kY~v~y~. Fla. • L yam: = ~a.~L~~t~y_"- Ga. t Ha:vaii •' H v y~, .-~ ..- III. ~ H' ~.i!~.~ Iowa • H ~u .~,, Ky. • M' r:=~ - r. Maine • L Maws. •' H Minn. • H _~:~~; ~~~~~ :: Mo. • M° Neb. M5 N.H. L N.M. • M5 N.C. •' HS Ohio 1 Hs yr +"~'~'R~ ^~b ~,.~ Ore. • L "~ rF ;ry R.I. • H S.D. • L Texas • HS Vt. • L' Wash. • L Wis. H~ Nobs: 1. California, Connecticut, New Jersey, New York City and other towns in New York State, as well as several Ohio cities, have banned firearms descdbed as "assault weapons." Some Ohio cities also forbid the posses lion and sale of handguns with a certain magazine capacity. Illinois: Chicago and certain other cities have banned handguns and assault weapons. Maryland: several small, lowcaliber, inexpensive handguns and "assault pistols." Hawaii: assault pistols. Yrginia: Street Sweeper shotguns. District of Columbia: handguns, semi-automatic firearms with the ability to use a magaar~ holding more than 12 rounds. (In some cases, individuals are allowed to keep any banned tlrearn possessed prior to the effective date of the gun-ban law, with certain restrictions.) 2. Preemption is via judicial ruling, not statute. In Massachusetts and North Carolina, local regulation may be instituted, but it must be ratified by legislative action. 3. Except Gary and East Chicago and local laws enacted before January 1994. 4. Concealedcarry laws vary significantly among the states. Ratings reflect the effect a state's particular laws have on the ability of citizens to carry firearms for selfdefense: •L: Least restrictive; "shall issue" permit system. •M: Moderatety restrictive; some discretion by issuing authority. •H: Highty restrictive; little or no carry permitted. 5. States do not have a statutory provision aAowing a civilian to otrtain a license or permit to cant' concealed firearms. 6. Except Philadelphia. 7. Vermont law allows concealed carry without a permit. Source: National Rifle Association InstiGrte for legislstive Action only on assault weapons but on the entire firearms issue. More specifically, it was a split between Seattle-based activists and gun-supporting Democrats from the less urbanized areas of eastern and central Washington. The language of the state Democratic Party platform-"We support greater control of sale and possession of hand- guns and other firearms including a ban on automatic and assault weapons"-was a distinct handicap to candidates outside the Seattle region. "Anytime we have a disagreement on this issue, we are looked upon as Neanderthals or barbarians or nut cases," says Democrat Tom Camp- bell, who helped lead the floor fight against 2319. For his efforts, the party caucus dumped Campbell from the com- mittee with jurisdiction over firearms. Washington's intraparty split was one familiar to people on both sides of gun March 1995 GOVERNING 19 • • • • • • control in many states, where the issue so often pits rural and small-town legislators against their big-city colleagues. That is one element the gun lobby uses to bolster its position, contending that crime- infested urban areas are trying to impose their standards on the rest of the state. Gun control support is "mainly reflected by people in Seattle," says Padden, the Spokane Republican who is the new chairman of the judiciary committee (now known as the Law and Justice Com- mittee). "Seattle is so far out of sync with the rest of the state." Urban officials from St. Louis and Kansas City and Pittsburgh and Philadelphia waged the same fight last year, lobbying their respective legis- latures furiously to win local control over gun laws, but to no avail. "This is simply an issue that people who live in cities feel much different about than people in rural areas," says Jackson County, Missouri, prosecutor Claire McCaskill, who fought unsuccessfully for local restrictions for her county, which includes Kansas City. ltimately, however, it was neither preemption nor assault weapons that crystallized gun owner anger and spurred ballot-box retalia- tion across the country. It was the Brady Bill. After the measure passed Congress, NRA membership ~~~~~~~~~~~~~~~ soared. Gun shop owners reported sharp increases in the number of weapons sold in anticipation of the new law's imple- mentation. In Washington State, the gun lobby took advantage by directing gun owner anger toward Governor Lowry, their longtime antagonist. He may not have been up for reelection, but dozens of Democrats in swing and marginal dis- tricts were. "We were using members of the legis- lature asLowry clones on the gun issue," says Alan Gottlieb, "the same way Republicans on the national level were saying members of Congress were Clin- ton clones." The gun lobby in Washington State also had the advantage of a fresh political organization, still in place from the spring crime bill debate. Prior to the session, leaders from the Washington State Rifle 20 GOVERNING March 1995 and Pistol Association, the Arms Collec- tors Association, the shooting range oper- ators and other pro-gun groups had been meeting monthly for strategy sessions. Once the legislative session began, they met weekly. By Election Day, they had a fine-tuned political machine. Drawing from subscriber lists for hunt- ing and firearms magazines, gun club membership rosters, gun dealer sales records and, ironically, names drawn from state background-check records on firearms purchasers, the gun lobby matched phone numbers to 180,000 vot- ers, each of whom received a call. "The odd thing," says Brett Bader, the Republican consultant, "is that there were more Democrats than Republicans pho- tographed on their brochures with a shot- gun in their hands out in a field because Democrats were desperately trying to restore their credentials on the issue." The final tally was an electoral debacle for Washington State Democrats. In con- tested state legislative races, 50 of 70 NRA-endorsed candidates won office. On the other hand, candidates backed by Washington Ceasefire, the state's largest gun control lobby, were creamed. Their endorsed candidates won only in Seattle- area districts. Nationally, 20 of 25 NRA-endorsed candidates won governorships, along with 74 percent of NRA-backed state leg- islative candidates, according to NRA fig- ures. It is hard to pinpoint just how many races the NRA and other gun groups directly affected~stimates in Washing- ton State range from a handful to as many as 20-but few would argue that the gun lobby did not cast a very large shadow. he most visible change for many states is at the gubernatorial level, now that the lions of gun control- Pennsylvania's Robert P. Casey, New York's Mario M. Cuomo, Texas' Ann Richards and Connecticut's Lowell Weicker-are no longer in office. All were replaced by candidates more supportive of the gun lobby's agenda. In Texas, for example, the right-to-carry leg- islation vetoed by Richards in 1993 seems likely to pass with George W. Bush in office. A recent Dallas Morning News poll of legislators showed 69 percent supporting the mea- sure, and Bush has indicated that he would sign it. The gun lobby's repeal-and- reform agenda is also likely to surface in North Carolina, where, after Washington State, Republicans posted their biggest gains. The hostile Democratic House leadership is out, replaced by gun-rights sym- pathizers. "Now the change in the makeup of the legislature is going to allow us to really follow our agenda, rather than running down to North Carolina to ~~~~~~~~~~~~~~ defeat gun bans and licensing and registration schemes," says the NRA's Reilly. Meanwhile, in Washington State, gun control supporters insist they will con- tinue to press their own agenda for 1995, which includes another push for preemp- tion and an assault weapons ban. But practically speaking, they will be lucky to hold on to what they achieved last session. The only way the gun control forces will be able to alter that reality, says Gottlieb, is to take a lesson in the art of politics from the gun lobby he is part of. "When Senator Wojahn can turn out 180,000 people to vote like we did last election and change things around, she can get her legislation passed," he says. "Quite frankly, I wel- come another assault weapons vote in the Senate. It allows us to define who the anti- gunners are and go back after them again in the next election." 0 Rich Ftrshman p/rotograph Washington Seaator Lorraine Wojahn forced a floor vote on assault weapons. Some colleagues wished she hadn't.