Minutes - Council - 10/09/1990 - Laserfiche WebLink

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City of Ramsey v. Holmberg, relating to zoning and ordinances. Ramsey is attempting to show that its ordinances predate the opening of the present operation. Jim Gilbertson stated that it appears that everything related to adult uses seems to focused on Highway 10 and inquired as to why those types of uses cannot be spread around to the rest of the commercial area. Mr. Gilbertson stated that Ramsey has to take the dumps, the bookstores and high taxes on Highway 10. David Licht replied that it is proposed to take a 750' radius in a commercial zone, the existing commercial area on Highway 47 is not large enough to accommodate adult uses within that 750' parameter. Because adult uses are commercial in nature, it is not being proposed that they be located in anything other than industrial and commercial zones. Industrial and commercial zones are most abundant along the Highway 10 corridor. Mr. Jim Gilbertson noted that in the City's proposed 1991 budget, there is $100,000.00 which is allocated to fight the bookstore. Mr. Gilbertson inquired as to how many thousands of dollars it will cost Ramsey to fight a 1,600 square foot store. Mr. Gilbertson suggested that somebody just talk to the owner of the bookstore to get these concerns resolved and cut the City's losses in attorneys' fees. Mr. Gilbertson suggested that it might be less expensive for the City to just buy out the owner of the bookstore than it will be to hire attorneys to fight the issue for two years. Mr. Hartley stated that at the last City meeting held in May regarding this issue, the residents expressed an overwhelming sentiment at that time to not take any action to buy out the present adult bookstore. Since that time, City Council has considered it at three different points and each time, has maintained that the City is not interested in buying out the existing facility. Jim Gilbertson stated that the City got what it wanted when they let the strippers come in on Highway 10. Mr. Goodrich stated that with regard to buying out a nonconforming adult use, St. Paul paid $1,000,000.00 to buy an adult use out. That use went to Minneapolis where they have now established a mega adult use. If the City Council should purchase a nonconforming use, that use could go into any other permitted area within the City. David Henke - 6861 - 164th Lane N.W. - referred to the Renton, Washington case and inquired as to how the Supreme Court Judges voted; whether it was an unanimous decision or not and how close the vote was. Mr. Goodrich stated that the Renton, Washington case was in 1986 and it was considered a substantial victory. He does not know the exact vote tally, but he will provide Mr. Henke with that information. Mr. Czerwonka - 15835 Radium Street N.W. - stated that one of the things that he is curious about is whether or not adult uses are subject to Ramsey's distance requirement as it relates to the Anoka Vocational Technical School, which is outside Ramsey's district, but contains a daycare facility. Mr. Licht replied that generally you have to go by the definition of what the facility is intended to be; however, it would not be exempt in this case because the facility is aimed at an age group outside the elementary to high school level, but hosts a daycare center. Natalie Haas Steffen - 7007 - 164th Avenue N.W. - inquired if the County park area along Highway 10 would be considered a facility for younger children from which adult uses would have to be located 750'. Public Hearing/October 9, 1990 Page 10 of 14