12-05-1994 Study SessionCITY OF RICHFIELD, MINNESOTA
CITY COUNCIL STUDY SESSION
December 5, 1994
MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan
Rosenberg; Don Priebe; and Russ Susag.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas
Ferber, City Clerk; Donald Fondrick;
Community Services Director; Byron Wallace;
. _ Community Development Director; Jack Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director.
PLANNING COMMISSION
MEMBERS PRESENT: Dan Linnihan, Tim Erlander, Kristal Stokes,
Paul Wasko, and Pam Dmytrenko.
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
Item #I REVIEW OF PLANNING COMMISSION'S DRAFT STUDY AND
PROPOSED REGULATIONS FOR ADULT USES. S.S. LETTER N0. 30
City Manager Prosser reviewed Study Session Letter No. 30
regarding the Planning Commission's draft study and proposed
regulations for adult uses.
Dan Linnihan, Chairperson of the Planning Commission,
summarized the process of research and review used by the
Planning Commission in. studying the alternatives to the
regulation of adult uses.
Tim Erlander, Planning Commission•Member, reviewed the legal
and constitutional issues regarding the regulation of adult uses
including the•case law established by City of Renton v. Playtime
Theatres, Inc., Holmberg v. City of Ramsey, and ILO Investments,
Inc. v. City of Rochester. Mr. Erlander summarized the findings
of the Planning Commission as follows:
• An adult use business is typically a business that is
conducted exclusively for the patronage of adults and that
generates revenue by featuring material, whether books,
magazines, motion pictures or other entertainment that
features or depicts sexual activities.
• Adult businesses, not dealing in obscene materials, are
protected by the First Amendment. Obscene materials may be
prosecuted under state law.
Study Session Minutes -2- December 5, 1994 _
• An adult use business cannot be regulated on the basis of
the materials that they sell or the entertainment provided
but only on the effect that such businesses have on the
surrounding area.
• A City must conclude that such businesses create adverse
secondary effects such as neighborhood blight, diminished
property values and increased crime.
• Cities need not conduct their own adverse secondary effects
studies but may rely on studies by other cities where
reasonably related to the issues.
• Adult uses may be either dispersed or concentrated by a
zoning ordinance regulation but a reasonable opportunity
area must be provided for such uses to locate.
Mr. Erlander and Mr. Linnihan presented maps depicting
possible zoning regulations which would set distance requirements
between adult use businesses and residential zones, churches, day
care centers, parks, and libraries.
The consensus of the City Council was that the Planning
Commission should proceed with the most restrictive option.
Discussion followed regarding how to best provide
information and explain this issue to the community before the
Planning Commission conducts a public hearing on January 24,
1995.
Item #Ii REVIEW OF CITY EMPLOYEE ROLE IN SOLICITATION FOR
CHARITABLE ACTIVITIES. S.S. LETTER NO. 31
City Manager Prosser reviewed Study Session Letter No. 31
regarding~~the role of City employees in. solicitation for
`cY~aritable activities:
Bob Lindgren, 6339 12th Avenue, stated concerns about the
method of solicitation which could be interpreted as an implied
conflict of interest for employees. He stated employees should
continue to be involved in supporting the nonprofit organizations
but not participate in the solicitation of gifts or funds.
It was the consensus of the City Council that the City
Manager prepare guidelines and direction for employees on their
voluntary involvement in support to nonprofit organizations and
participation in the solicitation of gifts or funds for these
organizations.
Study Session Minutes -3- December 5, 1994
Item #III DISCUSSION OF CITY OF RICHFIELD 1995 LEGISLATIVE
INITIATIVES. S.S. LETTER N0. 32
City Manager Prosser reviewed and summarized a draft of the
City of Richfield 1995 legislative initiatives and policies. He
stated discussion of the City's legislative initiatives and
policies would be scheduled with State.Legisl,ators.
It was the consensus of the City Council that priority
should be given to those legislative initiatives and policies
which have a financial impact on the City.
Item #IV DISCUSSION OF POLICY AND STRATEGY RECOMMENDATIONS FOR
AIRPORT RELATED ISSUES. S.S. LETTER N0. 33
City Manager Prosser reviewed Study Session Letter No. 33
regarding the status of the following airport issues:
• New Ford Town and Rich Acres Acquisition
• Runway 4-22 Extension
• MSP Long Term Comprehensive Plan
• Part 150 Sound Insulation Program
• Metropolitan Aircraft Sound Abatement Council (MASAC)
Mayor Kirsch reviewed the meeting of the Mayors of
Minneapolis, Bloomington, and Richfield with Dick Braun of the
MAC to discuss the runway 4-22 Extension issue..
Item #V DISCUSSION OF 1995 MAINTENANCE ASSESSMENTS FOR ILN
PROJECT AREA, PROPOSED CITY PROJECT NO. 901.'
S.S. LETTER N0. 34
Community Services Director Fondrick reviewed Study Session
Letter No. 34 regarding the proposed enlargement of the ILN
Maintenance Assessment district to include the 77th Street
Project area. He stated that apartment buildings are proposed to
be included for assessment for maintenance and that it is
proposed that the district also included properties on Lyndale
Avenue south of 76th Street.
It was the consensus of the City Council that the staff
proceed to prepare the proposed expansion of the ILN Maintenance
District boundaries for Council consideration.
Study Session Minutes -4- December 5, 1994
Item #VI REVIEW OF VALUES AND ATTITUDE SURVEY PROCESS.
S.S. LETTER N0. 35
City Manager Prosser reviewed Study Session Letter No. 35
regarding the status of the values and attitudes organizational
training process.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:12 p.m.
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Date Approved: 12/12/94
J
Thomas P. Ferber .-
City Clerk
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am s D. Prosser
i Manager
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