Agenda Packets - 1994/11/07 - Laserfiche WebLink

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MEMORANDUM TO: PAUL HARRINGTON FROM: JOYCE PRUIT 419 DATE: OCTOBER 28, 1994 RE: ADULT USE STUDIES As per your direction, I have surveyed several cities to ascertain whether an adult use ordinance is in place and whether studies on secondary effects were conducted prior to the establishment of an adult use ordinance. In the Renton case it was established that the predominant concern regarding regulation of adult use establishments is the elimination of secondary effects (for example, crime, blight, or the quality of urban living). In determining secondary effects, a city may rely on studies conducted in other cities. Many of the cities I have spoken with have conducted such studies. Ramsey used a consultant to compile other muncipal studies on the impacts of adult use businesses. Bloomington, like Mounds View, did not have an adult use business in place and chose to review studies completed by other cities across the United Sates. The key is to establish the relevancy of using the findings of another City (ie. similar size, location, rate of development and the like). Listed below are cities surveyed which responded, and what studies they used to examine secondary effects of adult use businesses: • Bloomington Bloomington used Houston's studies since Houston had completed studies in 1984, 1986 and 1990 (Houston may have possibly conducted more recent studies) and a court case approved this ordinance. The City Attorney, Greg Brooker, is sending over copies of the Houston study for our use. Bloomington established the Houston findings were relevant since it is a big city but is also primarily suburban, like Bloomington. Bloomington also used the Minnesota Attorney General's Study (I was able to obtain a copy of this too- very informative). The city combined the studies they wished to use and provided the materials to a committee to review. Staff condensed the secondary points (including crime increases, deterioration rates) for the Council. The findings along with additional regulations, were combined with the existing adult use ordinance in order to strengthen it. Bloomington uses the 500' separation from other adult use businesses and residential (etc.) since the 750' requirement was found to be too restrictive. The 8% of the City's total area is in locations that happen to have fairly high rents, which may assist in deterring such business from entering. In Renton 5% of the City's land was available for adult use businesses. Bloomington's adult uses are allowable in industrial areas in both east and west locations of the City. Fridley suggested this was dangerous since they were told in a court case that allowing