02-24-1992 CC MIN - Laserfiche WebLink

Home Browse Search

City Council Minutes February 24, 1992 Page 11 . Daryl Island, 13563 Island View Drive, stated that the citizens of Elk River do not have the 1st Amendment right to say no. Butch Meldon, 188th Avenue, questioned the $3,000 license fee. He questioned whether the fee was large enough to cover expenses. Dave Sellergren, City Attorney, indicated that the license fee cannot be used to justify a prohibition. Steve Rohlf, Building and Zoning Administrator, stated that staff did not prepare the ordinance to try to be unreasonable to pornographic shops. He stated it was to protect the community from crime, to protect property values, and to protect the young children in the community. He indicated that the license fee proposed, covers the fees needed to enforce the license. Marsha Cunningham, 20883 York Street, questioned the misdemeanor portion of the ordinance and further questi.oned the time period for review of the conditional use permit. Steve Rohlf stated that the City is proposing a change to the ordinance which would prohibit these type of facilities to be located within 1,000 feet from a school or public (i.e. park) facility. . Kathy Beak, 210 Evans, expressed her concerns regarding the citizens of Elk River and their safety. She also questioned the future rezoning of land in Elk River to industrial uses and whether these areas could accommodate pornographic shops. Bill Pollard, 1624 Main Street, indicated that there was no reference to paraphernalia in the proposed ordinance. After discussion regarding this, it was indicated that if there is a need to reference this in the ordinance, it would be accomplished through an ordinance amendment. There being no further comments, Mayor Tralle closed the public hearing. Councilmember Schuldt indicated that it is in his heart to vote against the ordinance, however, he realizes he must vote for the ordinance in order to protect the citizens of Elk River. The Council discussed having some members vote against the ordinance as a public statedment against this type of land use within the City. COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 92-04, AN ORDINANCE AMENDING CHAPTERS 7 AND 9 OF THE CITY CODE DEFINING, RESTRICTING AND LICENSING ADULT AND SEXUALLY ORIENTED ESTABLISHMENTS AND LAND USES. COUNCTLMEMBER KROPUENSKE SECONDED THE MOTTON. THE MOTION PASSED ~-2. Councilmember Holmgren and Mayor Tralle opposed. . ***After further review of the motion, it was noted that this type of ordinance amendment requires a 4/5 vote for approval, therefore the motion did not pass and will be voted on again at the next Council meeting. The next Council meeting minutes will reflect the passage of this ordinance. (This information was not known at the night of this Council meeting).