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HomeMy WebLinkAboutPL MINUTES 11181980 Meeting Sheet IIIIII VIII VIII VIII I II I VIII IIII IIII 102152 BOX: 21 Folder: PL MINUTES AND AGENDAS 1980 Document: PL MINUTES 11181980 CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES • November 18, 1980 The meeting was called to order at 7:30 P.M. by Chairman Bjorklund. Present Ifor roll. call: Peterson, Jones., Bjorklund, Sopcinski, Enrooth and Makowske. Absent': Bowerman. Also present: Ron Berg, Administrative Assistant. The following corrections were made to minutes for the Commission October 21st meeting: Page 1, para. 3 : Eliminate "part" following "intermittently" . Page 2 , para. 5 : Eliminate reference to Councilman Marks ' presence at the meeting, since he did not participate. Page 8, para. 3 : ."Mr. Enrooth called the question" should be added before the voting on the question. Page 8, para. 8 : All references to Ruth Tetzen should indicate she • is Mr. Saliterman's "representative" rather than "secretary" . Motion by Mr. Enrooth and seconded by Mr. Sopcinski to approve as corrected the minutes for the Planning Commission meeting held October 28 , 1980 . Motion carried unanimously. Mr. Berg answered questions regarding the sign in front of the newly approved barber-'beauty shop at 3909 Silver Lake Road by saying such a temporary 14 day sign is allowable under the City ordinance and that a temporary 14 day permit had been issued. Mr. Doug Jones will represent the Commission at the Council 's December 9th meeting. At 7 : 35 P.M. , Chairman Bjorklund opened the public hearing on the proposed amendment to permit video tapes sales and rentals as a Con- ditional Use in a C, commercial district, under the City Zoning Ordinance by reading the notice of the hearing which had been published November 13th. He then directed that discussions should be limited to the intent of the hearing which is to consider "video tapes and sales and rentals" as a permitted Conditional Use. Mr. Berg emphasized a differentiation must be made between the shops themselves • and what is sold or rented within them, with pornographic material a different and complex issue. He said he was in agreement with the -2- recommendation of the City Attorney, made in his memorandum of October 17th, 1980 , that video sales and rentals should become a • permitted conditional use under the Zoning Ordinance with conditions dealing with the sale of obscene material attached to the use. Mr. Berg told Mrs . Makowske a conditional, rather. than a permitted, use will give the City more leverage to control the use. Mrs. Makowske wondered if the video store might not question whether they are being discriminated against if their use is different than a garment shop in the same commercial area. The Administrative Assistant .told Mr. Sopcinski the City does not now have a law dealing with obscene materials but could develop an ordinance dealing with that aspect of commercial use as suggested by Mr. Soth. The Planning Commission would be involved in any such development if it pertains to land use. However, he added, the City ordinance would .probably have no more effect on this type of operation than the state statutes as had also been pointed out in the legal assessment by the City Attorney. When the Chairman asked why the store was operating in Apache without permission from the City, Mr. Berg told him he had only recently found out the store was open and from the City Attorney 's opinion on the question, that the business could probably not be prohibited from operating. He said the City had started action on the ordinance amendment when the owner of a similar store to that which had opened in Apache, without City permission, had come to him several weeks ago seeking to locate in the St. Anthony Shopping • Center. Mr. Jones raised the question of whether this case is not similar to the one where a print shop was not added as a permitted conditional use in a B., service office district, through an amendment of the zoning ordinance because the Council had decided the print shop should remain as permitted uses only in LI , light industrial districts. Mr. Berg added that that decision was also based on other criteria such as problems with adequate parking being provided. When Mrs. Makowske asked whether the City could develop an ordinance which would be more strict than state statutes regarding obscene materials , Mr. Berg stated that, in great part, state statutes on this matter had evolved through court decisions, and if a more restrictive ordinance was challenged to its end, it would probably be heard all the way to the Supreme Court. Mr. Soth' s October 17th comments regarding the lengths to which a city may' go in legislating the distribution of obscene materials to minors were quoted for her including his statement that "it is not clear whether the City could legally impose a penalty greater than the state penalty for the same offense" . He had also advised that "the amendment could not be denied on the grounds that obscene materials may be sold or rented" at the store because "this would clearly be an unconditional prior restraint" . • More than 30 people were present to give input regarding the proposed amendment, with all who spoke expressing their opposition to the amendment because of X-rated material they felt was normally associated with such stores. -3- Elie Dubay, 3012 32nd Avenue N.E. , complimented the. Planning Commission • on the questions -they had raised regarding the video store operation and "their prior record of providing for the betterment of the community" . He saw a precedent being set by the City in the instance of the print shop and was. certain. "the City. would, and rightfully so, prevent him from erecting a- pole building in his backyard because it would be detrimental to -the .neighborhood" . His experience with the precinct caucus convinced him that the people of St. Anthony are concerned how their tax monies are spent and believed the expenditure of funds to pass this ordinance and the increased law enforcement costs he -saw connected to the store as "bad money spending and- bad news for the children of the community" . The Chairman told Mr. Dubay the City Attorney has estimated it will cost money no matter which way the decision goes. Mr. Berg stated he was not advocating obscenity but again emphasized the importance of differentiating between the video. sales and rentals and speculation as to what type of materials will, in fact, be distributed. Charlotte Olson, 3412 Skycroft Drive N.E. , inquired whether the proprietor of the store in question had been asked whether he was dealing in obscene materials and Mr. . Berg said the - owner had been contacted and said he would sell no x-rated materials at the store , except by -catalog, with home mail delivery. Mrs. Olson said she had observed the "Adult Store' s" operation and noted the only • customers were "young men viewing a -film in a back corner" . She was concerned about having this type of store in a center which is frequented by young families and wondered why "we'd even consider a conditional use permit for this operation" . She read from a paper (she did .not identify)_ which claimed the Supreme Court decision in 1973 , by 5 to 4, ruled "obscenity is not approved by the First Amend- ment to the Constitution" . She *saw this store as both harmful to the City' s quality of life and to the total community environment. She insisted there is no scientific evidence required to prove obscene material causes crime and was concerned that, under the prevailing high school policy, the materials distributed through this store will find their way into the schools for discussion. She concluded by saying "It is easier to stop it now than later" . , which drew loud applause from those present. Bob Lohman, 2512 St. Anthony Road, "a long time resident who runs a men's clothing store on Central" told .of the success citizen pressure on the business community along with police harassment had in getting rid of a "head shop" and "Adult Book Store" near his store. He suggested the same pressure be put -on Apache merchants and management. Mr. Berg reiterated that the type of materials sold in the store should be a separate issue from the amendment. but also said the Center landlord was against the sale of such materials which the store proprietor also insists are not being sold. Mr. Sopcinski wondered why "when everyone is against such an operation, they do such a thriving business?" . He saw- it as up to:_the citizens to put the pressure on the business community and to organize a boycott t� �s if necessary, but did not see the assumption that obscene materials • will be sold as a valid. reason for denial of the amendment. He and Mr. Enrooth .wanted specific reasons for denial attached, as in the past, to any negative recommendation. Jean Paron., 3133 Silver Lake Road, a substitute teacher at Wilshire school and the mother of two small children., said she likes to take her children to shop at Apache but is concerned "what type of people will be drawn to this store for the catalog sales of x-rated materials" . She wanted the store closed until a decision is made on the obscenity ordinance. Gary Wilmar, 2700 North Oxford Street-, said as the principal of St. Charles Elementary School, he is concerned how minors will be prevented from viewing the obscene .films and believed "the environment of Apache should reflect that of the community" . He said he was unable-to answer Mrs. Olson' s concerns about the public school but "felt the school officials might be concerned if a teacher were to use this type of materials in a classroom" . Wallace Rogers, 3408 Downers Drive, said- he had visited the store in Apache and been told he could get "anything he wanted" . He said he witnessed 13 year olds watching the films.. He assumed that if the Commission represents- the community "you must certainly be against such an operation" . He didn' t believe they "should be bound by any legal opinion to pass an amendment which will not be in the interest of the community" . He replied to the Chairman's question by saying • he would be willing, as a taxpayer, toaccept the expenditure of tax monies to support a decision of denial of the amendment. Mr. Dubay added that he believed "this type of operation will lower the property values in St. Anthony" and he "doesn 't care. whether the State or Minneapolis follows our example in denying the operation" . He then commented that he didn' t see such stores in Edina or other communities of that type. David Debbins , 3630 Benjamin Street N.E. , cited two major, violent crimes involving Roseville residents which were "directly associated with video tapes" and believed there is a definite potential for incitement of crimes against persons in the proposed catalog sales. He theorized that the City might lose tax revenues of merchants were forced from Apache by a boycott. Albert Haik, 2916 Hilldale Avenue N.E. , was opposed to the Conditional Use permit for this type of operation. John Dubay, Elie. Dubay ' s son,who lives at home, said he has witnessed the .influence such pornographic materials have on young men he works with in a sheet metal shop. He said he quit one such job when he became "sick of hearing nothing but sex, sex, sex, all day" . He was also convinced there is a direct association with the use of marijuana by such youths. • -5- Mary Ann McNeil, 3500 31st Avenue N.E.., told the Commission she strongly opposes the amendment and asked whether a .petition by the • residents would be in order_. . She was advised by the Chairman that the more input from taxpayers, the City officials get, the better able they are to make decisions. Paul Gabler, 2921 Hilldale .Avenue N.E. promised "his family won't spend another penny. in Apache and I ' ll lobby all my friends and relatives not to go there either .as longus the store is there". The meeting was recessed at 8 :50 P.M. and resumed at .9 : 00 P.M. when Elie Dubay noted "not a person present had spoken in, favor of the amendment" . It was then agreed that the Commission recommendations would be made during the Council ' s December 9th, rather than the November 20th meeting, because of the difficulty of getting the minutes out in one day. The hearing was closed at 9 : 05 P.M. Mrs. Makowske asked whether staff had determined whether the owner of the store in Apache owns other shops of a. similar nature. Mr. Berg stated he was not aware of any. The Chairman also wanted the staff to research the question of. how such stores are working out in other communities, believing there were many unanswered questions on whether such operations increase vacancies in the .shopping centers in which they are located; increase the criminal elements in these • areas;. cause a decline in either the. quality of life of those neighborhoods or of tax revenues for the municipalities as well as whether the contention that obscene materials is not approved by the First _ Amendment is valid. Mr. Jones questioned why a use not permitted in the City Zoning Ordinance has been allowed to continue, believing there is a re- curring problem of businesses ignorning the City' s statutes. He believed the City staff "has to take a tough stand and that police should close down on the offending business until the Council has made a decision on the amendment" . Mr'. Berg said, that normally, depending on the situation, the City's practice has been to allow a business 30 days to vacate after a letter is written by the City Attorney demanding such vacation. Mr. Sopcinski said the legal advisory had convinced him that the City is not allowed to deny the sale of video tapes , recordings, etc. , but the law doesn 't specify what controls youmay have over- the materials . He favored allowing "video tape sales and rentals" as a Conditional Use with an investigation to follow of areas of control possible for the types of materials associated with this operation, which could be a lengthy process , but the City would not be denying all video sales and rentals . Mr.. Jones pointed out that in the case of the print shop, "the Council did not. deny the print shop but just didn't modify the ordinance to • include it as a use in a residential district" . Mrs. Makowske ti -6- believed the fact the proponents were not present to- answer questions • "should. be weighed heavily in a-decision as should the question of whether the owner of the store. is at all interested in the community" . Mr. Berg told .her he had spoken to the owner and advised him the normal- procedure.-would be to .have- him file a petition for a Condi- tional Use permit for the operation as soon as the amendment is passed. Chairman Bjorklund saw too many unanswered questions for a recom- mendation. of approval.: of the amendment but. Mr. Sopcinski believed the only basic question involved "whether to permit *the, sale and rental of video tapes as a Conditional. Use under the ordinance" . He was concerned denying the amendment would prevent the distribution of many beneficial types of video tapes to the community- and cited instances such as school and business use of this media. He favored modifica- tion of the ordinance with restrictions -as to the type of materials to be distributed to be addressed by the Council and. the business community. Mr. Enrooth believed denial .would be "unfair restriction of trade" and wanted reasons for not recommending approval to be included with any motion. Motion by Mr. Jones and seconded by Mr. Peterson to recommend the Council. take no action on modification of the City Zoning Ordinance as presented, finding- that, there was significant public opposition to the "video tape sales and rental stores" . No proponent appeared in support of this proposal, and, for the Commission to act on this • proposal would require significant additional information. Motion carried unanimously. Motion by Chairman Bjorklund and seconded by Mr. Sopcinski to commend Helen Crowe for the job she did on condensing and assembling the twelve pages -of minutes generated. by the October 21st Commission meeting. Motion carried unanimously. Mr. Sopcinski expressed his concern that the Council had not followed the Commission's recommendation .of denial of the Allguire variance request since by the applicant's own admission the need for a variance had resulted from her own errors in remodeling an already habitable residence. He believed the. Commission had tried to be consistent in their deliberations and decisions regarding such variances and their effect on the neighborhood and was only follow- ing. staff' s concern over the "number of front yard variances being granted" . He felt the Commission' s "efforts to be- part of the-team with the Council and staff might been eroded" . Mr. Peterson agreed with these assumptions. ----- -- - Mr. Berg advised the Commission that, as in the past, there would be a special .Commission hearing called soon, to decide on the Community __- _ _- Dev_elopment Block Grant funds designations. • He then distributed- copies of the proposed Sign Ordinance which he .said were complete with the exception of .two or three pages address- ing a comprehensive sign policy for the commercial district and a small. portion dealing with signs in a "C" district. The missing material will be sent to the Commission members this week. It was -7- agreed that formal consideration will be delayed. .until the January meeting and that the first discussion should be- limited to the basic outline of the ordinance with specific items. to be taken individually during later meetings . The Chairman urged the Commission to make their personal decisions as to whether they want to continue their service on. the Commission next year since- reappointments will be made by the Council in January. Mrs . Makowske complimented Mr. Bjorklund for-,.the fine job he has done in the past year as Chairman. He .(.the Chairman) also wondered.. whether they were in' favor of the Chair taking measures to shorten the meetings, acknowledging at the same time, the importance of not losing important input from residents and members. Several Commission members agreed that citizen input had, on_ several occasions, altered the preconceived opinions they had regarding' proposals . considered in the past.. Mr. Sopcinski believed the members themselves could exert some control over the flows of conversation between themselves in many instances . Members will indicate to Mr. Berg by Wednesday, November 26th, their interest in attending the planning seminars to be held December 12th and 13th. • Motion by Mr. Enrooth and seconded by Mr. Sopcinski to adjourn the meeting at 10: 10 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe