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caw VAT REQUEST FOR COUNCIL CONSIDERATION Agenda Section 10. 7:05 p.m. <br /> STAFF REPORT Report Number: 96-1672C <br /> ©MOS!OS Report Date: 4/18/96 <br /> • ;. CITY COUNCIL MEETING DATE — <br /> D T April 22. 1996 — Special Order of Bus. <br /> Ion°Jf'Partne+s‘31s Consent Agenda <br /> X Public Hearings <br /> Council Business <br /> Item Description: Consideration of Introduction of Ordinance No. 574, an Ordinance Regulating Adult <br /> Establishments, Premises Conducive to High Risk Sexual Conduct, Adding Chapters <br /> 512 and 607 and Amending Chapters 1113 and 1116 of the Mounds View City Code. <br /> Administrator's Review/Recommendation: CA) <br /> -No comments to supplement this report <br /> -Comments attached. <br /> Explanation/Summary(attach supplement sheets as necessary) <br /> Summary: <br /> In May of 1992 the City Council established a twelve-month moratorium on the siting of Adult Uses within the <br /> City of Mounds View in Ordinance No. 509. In May of 1993, the Council extended the Moratorium <br /> established in Ordinance No. 509 for a period of 18 months. The purpose of the moratorium was to provide <br /> staff and the Planning Commission adequate time to study where adult uses should be permitted to be located <br /> and any conditions that should be required for such cases. <br /> As requested by Council, staff has prepared an ordinance regulating the siting of"Adult Uses" within the City <br /> Ilof Mounds View. In November of 1995, Former Community Development Director Paul Harrington provided <br /> (formation to the City on the most appropriate and useful procedures to follow in drafting an Adult Use <br /> rdinance. Mr. Thomson provided information to the City on court decisions regarding adult uses, studies of <br /> the effects of adult uses, and zoning regulations for adult uses in other cities. <br /> These studies and court cases define the parameters for communities regulating adult uses: . <br /> * Activities defined as adult uses (but not those dealing in"obscene" materials) are protected as a First <br /> Amendment activity(freedom of speech, press, etc.); obscenity is not protected. <br /> * Communities have to provide adult uses some opportunity to operate and such uses cannot be <br /> discriminated against or prohibited. Several Supreme Court decisions have made it clear that cities <br /> must make some provisions for adult uses. <br /> , .- .,z?._-,,-,f,_ /4.x.,,,...,_ <br /> Joyce Pruitt,jActing Communityevelopment Director <br /> RECOMMENDATION: <br /> Motion to waive the actual reading, and approve formal introduction of Ordinance No. 574. <br />