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HomeMy WebLinkAbout2004-05-19 Council PacketAGENDA KENAI CITY COUNCIL- REGULAR MEETING MAY 19, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Representative Kelly Wolf-- Officer John Watson Citation . Commendation for Valor -- Presentation by Chief Kopp to Kenai Fire Department Paramedic Engineer John Wichm__an. . Anjani Salonen and Karl Palm -- Senators Stevens & Murkowski Internships/Request for Support. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCH, S ITEM D: PUBLIC HT, ARINGS . Ordinance No. 2041-2004 -- Finding Certain City-Owned Land, Described as Tract A-5, Dena'ina Point Estates, Consisting of 9.630 Acres, is Not Required for a Public Purpose and Can Be Sold. e Ordinance No. 2042-2004 -- Increasing Estimated Revenues and Appropriations by $672 in the General Fund Library Department for a State Grant. e Ordinance No. 2043-2004 -- Increasing Estimated Revenues and Appropriations by $30,000 in the Airport Terminal Enterprise Fund for Short Term Parking Lot Renovations. Ordinance No. 2044-2004 -- Amending Title 14 of the Kenai Zoning Code by Adopting KMC 14.20.175 for the Regulation of Adult Businesses . e , . ITEM E: Resolution No. 2004-24 -- Awarding a Contract to for the Mana§ement and Administration of a Summer Flea Market at the Kenai Multipurpose Facility. Resolution No. 2004-25 -- Awarding a $19,800 Contract to Edwin L. Go§gia for Professional Services at Vintage Pointe Manor. Resolution No. 2004-26 -- Transferring $4,000 in the Recreation Department to Purchase a Used Pickup. *Liquor License Transfer-- From Don Jose's, d/b/a Don Jose's Restaurant & Cantina to Carter Enterprises, Inc., d/b/a Dona Jose's Restaurant & Cantina. *Restaurant Designation Permit Application -- Carter Enterprises, Inc., d/b/a Don Jose's Restaurant & Cantina. COMMISSION!COMMITTEE REPORTS , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees Beautification Committee Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce Arctic Winter Games Stranded Gas Committee ITEM F: MINUTES . *Work Session Notes of May 3, 2004 *Regular Meeting of May 5, 2004. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS 1. Discussion -- Lawton Acres ITEM I: e NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 . , Ordinance No. 2045-2004 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. *Ordinance No. 2046-2004 -- Increasing Estimated Revenues and Appropriations by $125,000 in the Congregate Housing Enterprise Fund to Repaint the Building Exterior. *Ordinance No. 2047-2004 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Council on Aging - Title III Fund for Food and a Computer. Approval -- Removal of Plat Note Restriction for Lots 7, 8, 9 and 10, Block 4, Strawberry Hill Estates, KPB File 2004-097; KPBPC Resolution No. 2004-16. e Approval-- Lease Application/Division of Forestry-- Lot 4, FBO Subdivision No. 7. . Approval-- Lease Application/David Scbi!!iug, d/b/a Schilling Rentals -- Lots 13 & 14, Block 1, Cook Inlet Industrial Air Park. &pproval-- Lease Application/Mike Spisak, d/b/a Bellair, Inc. -- Tract A, General Aviation Apron No. 2. ITEM J- REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION ,. 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION-- None scheduled. ITEM M: ADJOURNMENT MAYOR'S REPORT MAY 19, 2004 REGULAR COUNCIL MEETING ADD AS: REMOVE: ADD TO: ADD TO: CHANGES TO THE AGENDA B-4, Richard WarrinEton -- Traumatic Brain Injury Awareness Month D-5, Resolution No. 2004-24-- Awarding a contract For the management and administration of a summer Flea market at the Kenai Multipurpose Facility. H-l, Lawton Acres Discussion -- N. Carver memorandum Regarding appeal process timeline information. 1-9, Lease Application/Mike Spisak, d/b/a Belair, Inc.-- R. Cronkhite memorandum re§ardin§ Tract A, General Aviation Apron No. 2. REOUESTED BY: CLERK ADMINISTRATION ADMINISTRATION ADMINISTRATION CONSENT AGENDA MAYOR'S REPORT Z 0 ~=o =~o-o z 0 > ITEM 1-3, Ordinance No. 2045-2004 Motion to set City Clerk, City Attorney and City Manager Salaries'. I MOVE TO SET · THE CITY CLERK SALARY AT $61~454 · THE CITY ATTORNEY SALARY AT $98,196 · THE CITY MANAGER SLARY AT $98~440 EFFECTIVE JULY 1~ 2004 AND THAT THE REQUIRED APPROPRIATIONS BE INCLUDED IN THE FY 2005 BUDGET ORDINANCE WHEN IT IS CONSIDERED FOR ACTION. Note for budtiet discussion: This will add $16,876 to the General Fund Budtlet. Anjani Salonen and Kari Palm 55140 E Chinook Rd Kenai, AK 99611 May 8, 2004 To Whom It May Concern: We are graduating high school students who have been given the incredible opportunity to go to Washington D.C. this summer to be interns for our Alaskan Senators Lisa Murkowski and Ted Stevens. During this intemship we get to do a variety of tasks such as: · Teaching the history of our nation's capitol as we give guided tours to visitors · Discussing current events with the senators during weekly meetings · Doing research and other administrative tasks for the legislative correspondents. In order to do all these things we need to raise enough money to cover expenses. In addition to working and using our previous savings, we still need to raise $1500 each, a total of $3000. This will cover the cost of housing, transportation, food, scheduled activities, and other expenses for the duration of our trip. This opportunity is just one of the many approaches of being involved in our communities at the local, state, and federal levels. It is and has been our goal to help our community that has continually and positively supported us. We have been actively involved with helping youth in organizations such as drug awareness, abstinence programs, athletics, peer mediation, and the arts. This internship will allow us to help our community on a broader level in the future. We would appreciate any help you could offer. We would be happy to answer any questions that you may have. We can be reached at 776-8213 (Kari) or 283-5990 (Anjani). Thank you for taking the time to read this letter. Anjani Salonen and Kari Palm Executive Proclamation Frank H. Murkowski, Governor An estimated 5.3 million Americans currently live with disabilities resulting from traumatic brain injury. Every year, 80,000 individuals experience the onset of long-term disability following a brain injury. Brain injury can affect a person cognitively, physically, and emotionally. Consequences can include short and long-term memory loss, double or low vision, headaches or migraines, fatigue, increased anxiety, depression and mood swings, and impulsive behavior. The three leading causes of brain injury are moWr vehicle crashes, violence, and falls. Falls are the leading cause of brain injury in the elderly. The risk of brain injury is higher in adolescents, young adults, and people older than 75 years. After one brain injury, the risk for a second injury is three times greater; after the second injury, the risk for a third injury is eight times greater. The effects of brain injury are devastating emotionally and financially to families. The cost of brain injury in the United States is estimated to be $48.3 billion annually. Public awareness of the extent, consequences, and causes of brain injury is critical to the prevention of these injuries and will enhance the recovery process for persons with brain injury. NOW, THEREFORE, I, Frank H. Murkowski, Governor of the State of Alaska, do hereby proclaim June 2004 as: Traumatic Brain Injury Awareness Month in Alaska, and encourage everyone to remember those with brain injuries and be more informed about traumatic brain injury. Dated: May 11, 2004 ./,! /~"-: '-"-~,~ - ~-'.-'..":-'... ~~!.:.-'_-'.:: who has also authorized the seal of the State of Alaska to be affixed to this proclamation. (~e~ involved in Brain Awareness Weel<TM Kenai Peninsula Brain Injury Support Group In Partnership with the Dana Alliance "Brain Awareness Week" For more information, " "Walk for Awareness!" check the web: www.dana.org/brainweek J~,~ n e ~"~~O~1t For more information about the registration or accommodations that maybe needed for the walk, Please call 283-5711 or 262-6333 Brain Awareness Week is an international campaign coordinated by the Dana Alliance for Brain Initiatives. This is a Letter of introduction to our organization. We are the Kenai Peninsula Brain Injury Support Group. We meet on the 1't. And 3"~. Tuesdays of each month 6pm to gpm At the Independent Living Center, located in the "S" Building on K-Beach Rd. (Near the Fish and Game Office). We received information from the National Brain Injury Association, Located in Mclean, Virginia. The web site is, "http'.//www. biausa.org" The Brain Injury Association is a Volunteer, Non-Profit organization at ali levels. The Kenai Peninsula B I Support Group holds one fund-raiser a year, "The Brain Injury Awareness Walk and Bar-B-Q" Held EACH YEAR the FIRST SATURDAY AFTER Memorial Week-End, This year the walk will be held on, The Brain Awareness Walk is part of the National Brain Awareness Week: MARCH l$~S--21sr 2004 In Partnership with the Dana Alliance for Brain Initiatives, of New York, doing Medical Research on the Brain. The Dana Web site is www.dana, org/brainweek The Brain Awareness Walk is part of our "Community Prevention Program", to raise Awareness, "Protect Your Brain", AS YOU OO ABOUT LIFE'S ACTIVITIES. We have national appointed Ambassador's, who will go to schools, or other organizations To promote, "Prevention Education." You will always find our table at the "Village Health Fair", sponsored by "Bridges". We have lots of information on Prevention, or where to find help for survivors and their families of people who have sustained an injury. One of our on going programs is the, "Helmets, For Life, Program." We offer a helmet For $10.00 purchase fee and exchange helmet, if the child grows out of it or you've Damaged it in an accident, it can be replaced. We have a National Education program called, "Head Smart", to help Prevent Brain Injuries, from Toddler Helmet to Community Violence. This program was developed for use in the School Criculum. We have another excellent program called, "Certification of Brain Injury Specialist", (CBIS). The training for professionals who work with persons who have sustained a Brain impairment. The money we raise at the Awareness Walk and Bar-B-Q, stays here on the Peninsula to help support these progrmns. So when someone asks you to come participate, come to lunch or just make a donation, YOU ARE HELPING TO EDUCATE OR ADOCATE FOR, "OUR LOVED ONES YOURS AND MINE." A BRAIN INJURY TOUCHES THE LIVES OF 1 IN EVERY 10 AMERICANS. For more information please call 283-5711 or 262-6333 8th Annual Brain Awareness Walk Kenai Peninsula Brain Injury Support Group Kenai, AlaskaJune 5th, 2004 Come help make Our Community Aware, Thousand of Individuals and Families experience the devastating effects of Brain Injury or impairments every year in Our State. As part of the National Brain Awareness Week, The Kenai Peninsula Brain Injury Support Group is sponsoring the 8th Annual Awareness Walk and Bar-B-Q. Route. The walk begins at the Kenai Central High School with registration at 10'30 am; the walk beginning at 11 '00 a.m. Walking through Beautiful Downtown Kenai to the Green Strip Park by the Softball Fields, which is on Main Street Loop, Where there will be a Bar-B-Q lunch. Remember: "Just one Brain Injury, Will change Your Mind" All participants will receive a Certificate of Appreciation. Bring your Family, Supporters, friends of BIA, and Survivors as We walk for Awareness!! For more information or Registration, please call the Kenai Peninsula Brain Injury Support Group at 283-5711 or the Independent Living Center at 262-6333. Kenai Peninsula Brain Injury, support'.Group In Partnership with the Dana Alliance "Brain Awaren'ess Week" "Walk for Awareness!" Registration Form Name: Address: City: ... State' , Zip: Phone: Fax: E-Mail Address: · iii i. i i _ ! i Registration Fee: $10. Please make checks payable to:., Kenai Peninsula Brain Injury Support Group Mailing Address for Registration: Kenai Peninsula 313 Cindy Circle Kenai, Alaska Brain Injury Support Group 99611 For more information about the.registration or accommodations that maybe needed for the walk, Please call 283-5711 or 262-6333 BRAIN INJURY AWARENESS WALK DONATIONS OR SPONSORS · Sl>onsor Name: Donation: Address:. ~pOnsor Na'me: Donation.'. "' Address: ii ii ii _ i Sponsor Name: Donation: Address: .'qponsor Name: Address: Sponsor N~J:ne: , i i Donation: i Donation: Address: Sponsor Name: ii Donation: Address' Sponsor Name: Address: gp°nsor Name: Donation: Donation: Address: Sponsor Name: A¢Idress' Donation: l,'lectse make che. ck.t payable to;.._,. ....... , ...... _ _,.. ...... · ..... ....._ 'the Kenai Peninsula Brain Injury Support G~'oup. ~')'ta, t"~k yOit': f6~ ).our supportl CITY OF KENAI ORDINANCE NO. 2041-2004 Suggested by: City Cc AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, FINDING CERTAIN CITY-OWNED LAND, DESCRIBED AS TRACT A-5, DENA'INA POINT ESTATES, CONSISTING OF 9.630 ACRES, IS NOT P~QUIRED FOR A PUBLIC PURPOSE AND CAN BE SOLD. WHEREAS, the City of Kenai owns the property identified as Tract A-5, Dena'ina Point Estates; and, WHEREAS, Ordinance No. 927-84 set the property aside for public use and declared that it not be made available for sale; and, WHEREAS, the City has received a request, asking that the designation be changed and the referenced property now be made available for sale; and, WHEREAS, the Kenai Planning and Zoning Commission has determined that the property is not needed for a public purpose and recommends it be made available for sale; and, WHEREAS, KMC 22.05.010 and 22.05.030 require that disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose; and, WHEREAS, the property would be made available for competitive bid sale at not less than the fair market value. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned land, described as Tract A-5, Dena'ina Point Estates, consisting of 9.630 acres, is not required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of May, 2004. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: May 5, 2004 May 19, 2004 June 19, 2004 Attachment (4/26/2004)kh Property in Dena'ina Point Estates .'~*'NOHAVEN ESTATES PHASE 2 s _ aUroral=oRe ,-~.1 REDOUBT T .~' Shaded Lots - City Owned -1- ct) w Z uJ ---- ~~ o oog oooooog~oooooooooo~~~ ~~c<<<<~~~~~~~~~e~eccc :3:: CO UJ Z 8 Z Ww ~ ~'Z 0 ww ~ ~--r 0 ooo oooo==ooooo= ooooooo ............ ~~ z=z~~~~~i~~~=zz= ~ ====~ ~~~~~~~ ~~ ~ ~ z=z ~x~o~~ ~~x~~~O000000wmm~~~~~ ~RD OF SURVEY ; 31 30' ~ 29 ~ NEll4SEll4 i28 i 23 21 3 UJ i20 '"-' 4 ~.~ i18 ' ~5 "iL ' 16~ 1~ '~' 17 22 '23' ' 24 . ~.. ,. , 25 .~ ,, .~/ // 9 · 12~, --~- .., · T. LT. AMI',IA Rb 27 9 ~"'2 14 2 '--. 26 10' ¢~' 13 3 25~' '~...<.. 11" 12 22" ( / 9''10 .... 6',.. .~.. ~,:~ ' 7' .~.,. 3o ~21 ~ -/", '" 8 -- %~'. 2g //"20'~.'~~ 14 ~, " '~" ~/i8" ' '16 25 26 ~ . ~T '" ARL SUE, D:, 28 ..,,-~ 15 35 8 ~ 8 34 ' 9 ~ g 33 ~ 10 10 ._ _ 31 ' 12 13 PARK 14 15 16 ....... 17 24 123 22 21 20 19 18 33 '\ 0 ~ 5PUI~ b.~ ,. j40 141 142,43 44,45 i46 47 \,, / , I,,. 14 ~6 15 16- :~ -... 17 48 49 50 UNSUBDIVlDED REMAINDER Property Owners & Shaded - 300 foot radius TR. C-3 Suggested by: Administrati, City of Kenai ORDINANCE NO. 2042-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $672 IN THE GENERAL FUND LIBRARY DEPARTMENT FOR A STATE GRANT. WHEREAS, the City of Kenai received a $672 grant from the State of Alaska for interlibrary book loans; and, WHEREAS, it is in the best interest of the City of Kenai to purchase library books with this grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants $ 672 Increase Appropriations: Library- Books $ 672 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (04/27/2004) hl Introduced: Adopted: Effective: May 5, 2004 May 19, 2004 May 19, 2004 Suggested by: Administra City of Kenai ORDINANCE NO. 2043-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $30,000 IN THE AIRPORT TERMINAL ENTERPRISE FUND FOR SHORT TERM PARKING LOT RENOVATIONS. WHEREAS, the long-term parking lot at the Kenai Airport Terminal is often overcrowded; and, WHEREAS, more than 20% of the vehicles parked in long-term are there less than two days; and, WHEREAS, the short term parking lot is under utilized; and, WHEREAS, the proposed changes will provide improved customer service and increased parking revenue; and, WHEREAS, funds are available in retained earnings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Terminal Enterprise Fund Increase Estimated Revenues: Appropriation of Retained Earnings $30,000 Increase Appropriations: Improvements other than Buildings $30,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2004. ATTEST: jOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (04! 28! 2004) hl Introduced: May 5, 2004 Adopted: May 19, 2004 Effective: May 19, 2004 nal Municipal Airport Memo To: From: Larry Semmens- Acting City Manager Rebecca Cronkhite- Airport Manager Date: Apdl 29, 2004 Subject: Terminal Vehicle Parking Lot Changes At the Apdl 21 Council meeting, City Manager Snow reported on a proposed project to reconfigum the short-term parking lot at the Kenai Municipal Airport Terminal. This proposal was fonvarded in response to Council's request to assess possible revenue sources and the ongoing issue of overcrowding in the terminal long-term parking lot. The changes depicted in the attached drawing modify the parking configuration and provide 19 short-term spaces directly in front of the terminal. I propose to sign these spaces "limit 2 hours free parking'. The remaining 80 spaces will be reserved for 2-48 hour parking with a cost of $2.00 for 2-24 hours and an additional $2.00 for 24-48 hours. Vehicles parked in this lot over 48 hours will be fined or towed. Pay boxes installed at the ends of the rows will have slots for the parking space number that allows payment without the hassle of filling out a payment envelope. Them are several commercial products available for this type of parking. A review of parking lot receipts from the long term-parking lot revealed over 30% of the cars in long-term are them for one or two days. The proposed system will move those cars to the short-term lot; freeing up spaces in the very crowded long-term lot. An informal count of vehicles in the short-term lot revealed 20-50 cars a day utilizing the lot for a period of 2 - 18 hours. Charging for parking in excess of 2 hours will earn somewhere between $15,000 and $30,000 additional revenue in the first year. Revenue gains in the first year will be offset by the cost of modifications that are estimated at $30,000. Airport and City employees will provide as much of the equipment and labor as practical in the interest of reducing that amount by up to one third. Them will also be the issue of employee time for enforcement. New employees are not requested. Current employees, myself included, will conduct monitoring, enforcement, and ticketing. If Council approves the funding, bids will be solicited for painting, signage, and asphalt work. Attachment www.ci.kenai.ak, us. A.CI[LIS Dlql]lllVd/KdGLL .I.110HS ¥]lilllIlll .. Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2044-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, AMENDING TITLE 14 OF THE KENAI ZONING CODE BY ADOPTING KMC 14.20.175 FOR THE REGU~TION OF ADULT BUSINESSES. WHEREAS, adult businesses require a special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, and welfare of the patrons of such businesses, as well as citizens of the City; and, WHEREAS, the United States Supreme Court held in Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986) that communities were entitled to rely. on the experience and finding of other communities in dealing with adult businesses and on the fm~gs of Northend Cinema,/nc. v. Seattle, 90 P.2d 709 (1978); and, WHEREAS, the city has relied upon the following studies in addressing the need for an adult business ordinance: 1) Crime Impact Studies by Municipal and State Governments on Harmful Secondary Effects of Sexually Oriented Business, National Law Center for Children and Families (summarizing the experience and finding of 32 communities throughout the nation); 2) Report of the Minnesota Attorney general's Working Group on the Regulation of Sexually Oriented Business (June 6, 1989); and 3) Dana M. Tucket, Preventing The Secondary Effects of Adult Entertainment Establish- ments: Is Joning The $otufion?, Journal of Land Use and Environmental Law, Vol. 12.2, 1997; Kelly Holsopple, Stripclubs According to Strippers: Exposing Workplace Sexual Violence (1998} available at u,_t,_v, uri. edu/ artsci/ wms/ hu.q_ hes/ stripc l . htm; and, WHEREAS, there is convincing, documented evidence that adult businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the residential areas adjacent to them, causing increased crime and downgrading of property values, and, WHEREAS, it is recognized that adult businesses, due to their nature, have serious objectionable operational, characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and, WHEREAS, the City Council desires to minimize and control these adverse effects, thereby protecting the health, ~a.fety, and welfare of the citi~nry; protecting the citizens from increased crime; preserving the quality of life; and preserving the property values and character of surrounding neighborhoods; and, WHEREAS, the City Council has determined that locational criteria alone do not adequately protect the health, safety and general welfare of the citizens of Kenai; and, Ordinance No. 2044-2004 Page 2 of 5 WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the constitutions of the United States or the State of Alaska but rather to enact a content-neutral ordinance, which addresses the secondary effects of adult- oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.175 is enacted set out as follows. Title 14 PLAI~NING AND ZOKII~G 14.20.175 Adult Businesses (a) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 1) "Adult bookstore" means a co_mmercial establishment where at least 51 percent of its interior floor area or retail merchandise is devoted to the sale, rent, lease, inspection, or viewing of books, films, video cassettes, DVD's, magazines, other periodicals or digital presentations whose dominant theme is the actual or simulated specified sexual activities, display or exhibition of specified anatomical areas, removal of articles of clothing, or total nudity. 2) "Adult cabaret" means a restaurant, coffee house, bar or cabaret which features topless dancers, strippers, male or female impersonators, or similar entertainers who provide live adult entertainment for commercial purposes. 3) "Adult entertainment" means any motion picture, live performance, display, or dance of any type whose dominant theme is actual or simulated specified sexual activities, display or exhibition of specified anatomical areas, removal of articles of clothing, or total nudity, offered for commercial purposes. 4) "Adult mini-theater" means an enclosed building with a capacity of less than 50 persons used for displaying adult entertainment through films, video, or other motion pictures for commercial purposes. 5) "Adult motion picture theatre" means an enclosed building with a capacity of 50 or more persons used for displaying adult entertai~_ment through films, video, or other motion pictures for commercial purposes. 6) "Adult business" means any adult bookstore, adult cabaret, adult mini-theater, or adult motion picture theater. 7) "Commission" means the City of Kenai Planning and Zoning Commission. 8) "Operator or manager" means any natural person responsible for the actual operation and management of an adult business. 9) "Sexual conduct" means acts of: i. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or Ordinance No. 2044-2004 Page 3 of 5 (b} (c) ii. Any penetration of the vagina or anus, however slight, by an object; or iii. Any contact between persons involving the sex organs of one person and the mouth or anus of another; or iv. Masturbation, manual or instrumental, of oneself or of one person by another; or v. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another. 10) "Specified anatomical areas" means: i. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and ii. Human male genitals in a discernible erect state, even if opaquely covered. 11) "Specified sexual activities" means simulated or actual: i. Display of human genitals in a state of sexual stimulation or arousal; ii. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, or cumailirigus; and iii. Fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts. Location Requirements. 1} Adult Businesses may be located only in the CC, CO, IL and IH zones. Additionally, no adult business may be located within five hundred {500} feet of another adult business, a church or other place of worship or public or private school. 2) The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult business is to be established to the nearest property line of a use listed above. Development and Operation Standards. The following development and operation standards Shall apply to adult businesses: 1) No adult business shall be located in any temporary or portable structure. 2) Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public. 3) No exterior door or window on the premises shaU be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. 4) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business. 5) The entire exterior grounds, including the parking lot, shall be lighted in such a manner that all areas are clearly visible at all times. 6) Signage shall be governed by KMC 14.20.220 (Signs). Ordinance No. 2044-2004 Page 4 of 5 7) All entrances to an adult business shall be clearly and legibly posted with a notice indicating that persons under 18 are prohibited from entering the premises. 8) No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to specified sexual activities or specified anatomical areas, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any merchandise, display, decoration, sign, show window or other opening. 9) Each adult business shall conform to all applicable laws and regulations. 10) The adult business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m. 11) Amplified sound may not be broadcast outside the building and structures used for the adult business. 12) No tip or gratuity offered or accepted by an adult entertainer may be offered or accepted prior to any live performance, dance or exhibition provided by the adult entertainer. No adult entertainer perfo _rrning live upon any stage shall be permitted to accept any form of gratuity offered directly to the entertainer by any member of the public. Any gratuity offered to any adult entertainer performing live upon any stage must be placed into a receptacle provided for receipt of gratuities by the business or through a manager on duty on the premises. Any gratuity or tip offered to any adult entertainer conducting any live performance, dance or exhibition in or about the non-stage area of the adult business shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer. 13) No live entertainer shall engage in acts of sexual conduct. 14) An adult cabaret shall provide separate dressing room facilities for performers, which are exclusively dedicated to the performers' use. 15) An adult cabaret shall provide an entrance/exit for performers, which is separate from the entrance/exit used by patrons. 15) An adult cabaret shall provide access for performers between the stage and the dressing rooms, which are completely separated from the patrons. If such separate access is not physically feasible, the cabaret shall provide a mir~_~mum three- foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers that is capable of preventing any physical contact between patrons and performers. 17) All indoor areas of the adult cabaret where patrons or members of the public are permitted, excluding restrooms, shall be open to view by management at all times. Ordinance No. 2044-2004 Page 5 of 5 (d) (e) If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of this chapter as a whole, or any portion thereof, and its application to other persons or circumstances, shall not be affected. Non-conforming Use: Any adult business operating at the time of the effective date of this ordinance shall be considered a non-conforming use under KMC 14.20.050. However, a business that only periodically engages in adult business activity may continue to operate as a non-conforming use at the same level of activity it operated for the one-year period prior to the adoption of this ordinance. For example, a bar or restaurant that operated as an adult cabaret five times in the previous one-year period would be allowed to operate as a non-conforming use five times per year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2004. J O HN J. WILLIAM S, MAYO R ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: May 5, 2004 May 19, 2004 June 19, 2004 (4/29 / 04 - sp) Suggested by Administration CITY OF KENAI RF~OLUTION NO. 2004-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO FOR THE MANAGEMENT AND ADMINISTRATION OF A SUMMER FLEA MARKET AT THE KENAI MULTIPURPOSE FACILITY. WHEREAS, the Parks & Recreation Commission, at their regular meeting of March 4, 2004, recommended a Request for Proposals be advertised to determine whether there are interested parties in the community to operate a flea market at the Multipurpose Facility during the summer months; and, WHEREAS, the minimum acceptable rent proposal advertised for the facility was $30.00 per hour, including four (4) Saturdays per month from June 1, 2004 through September 11, 2004 with a minimum duration of six (6) hours each; and, WHEREAS, the City of Kenai received the following proposal(s) for the use of the Multipurpose Facility on May 14, 2004: Proposal Received From: Rent Proposed: WHEREAS, has submitted the most acceptable proposal according to the Request for Proposals advertised and issued to interested parties; and, WHEREAS, the recommendation of the City Administration is to award the contract to ; anci, WHEREAS, the Council of the City of Kenai has determined that awarding the 2004 contract to . is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai award a contract for use of the Multipurpose FaCility during one summer season (June 1, 2004 to September 11, 2004), which may be extended twice for one year each, for a Summer Flea Market to for the total amount of $ per hour. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2004. ATTEST: Carol L. Freas, City Clerk Approved by Finance' JOHN J. WILLIAMS, MAYOR KENAI. ALASKA "Village with-a past, ¢it~j with a Fat. re" KENAI PARKS & RECREATION DEPARTMENT ~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Iai Telephone' 907-283-3692 / FAX' 907-283-3693~!~- MEMORANDUM TO' FROM: Linda Snow, City Manager Robert J. Frates, Parks & Recreation Director(_~/ DATE: May 13, 2004 Flea Market Resolution In order to give interested parties the maximum amount of time to complete their Flea Market proposals, given the June l~t start-up date, I went with a Friday, May 14m deadline. Since our packet day is Thursday, we will need to bring our resolution to Council as a lay-down for the May 19t~ City Council Meeting. Thanks. Suggested by~. Administratio.. City of Kenai RESOLUTION NO. 2004-25 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A $19,800 CONTRACT TO EDWIN L. GOGG~ FOR PROFESSIONAL SERVICES AT VINTAGE POINTE MANOR. WHEREAS, on June 21, 2000 the City of Kenai awarded a contract to Edwin L. Goggia for caretaker services at Vintage Pointe Manor; and, WHEREAS, Mr. Goggia was the only bidder at that time; and, WHEREAS, the services provided by the contractor have been very well received by the tenants because the contractor 'goes the extra mile" to provide excellent service; and, WHEREAS, the City administration is happy with the contractor and recommends continuing the contract through FY 2005, effective July 1, 2004; and, WHEREAS, the contractor has requested an $1,800 increase (10%), in the contract amount; and, WHEREAS, the FY 2005 proposed budget includes funds to support a contract award amount of $19,800 annually. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract for FY 2005 for building caretaker of Vintage Pointe Manor for $19,800 annually be awarded to Edward Goggia. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2004. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (4/08/2004) hl KENAI SENIOR CENTER Helping People Age with Dignity CITY OF KENA! MEMORANDUM TO: FROM: Linda Snow, City Manager Rachaei Craig, Senior Center Director ~/ DATE: May 6, 2004 REFERENCE' Resolution Increasing Caretaker's Salary In 1992 Vintage Pointe Senior Housing opened its doors. For the first four years, Ed and Margaret Goggia were the first caretakers. Another contractor held the position for the next 4 years. In 2000, Ed and Margaret Goggia re-bid and won the contract. They have been in this position since that time. Ed and Margaret are well respected by the senior residents in Vintage Pointe. Both are very consciences employees and strive to maintain the facility in the best condition. This is reflected in the following: · Conducts duties related to their contract. · Keeping accurate files of check-ins and checkouts and noting what has or has not been done. · Making sure each apartment is kept in "as new" shape. · When people move out, the caretakers stress the importance of leaving it as clean as the apartment was when they moved in. Some residents and families do not like to clean as thoroughly as required. When residents move in, their apartment is clean, fresh and look brand-new. · When people move out, we have found shelves that have come out from the walls because they were not properly placed in the studs of the wall or appropriate "grips" placed. Ed repairs them and makes sure the shelving are secure. · He has replaced and reinstalled many a broken seals in the freezers. Again, we could pay someone to do this but the cost would be much more per hour then if Ed did the work. 361 SENIOR COURT · KENAi, ALaSKa 99611 TELEPHONE: (907) 283-4156 · FaX: (907) 283-3200 ° E-MAIL: senior@ci.kenai.ak.us He has repaired fronts of cabinets when they have come off. When a hinge breaks on a cabinet, he replaces it with a piano hinge that works much better. He has repaired the exercise equipment instead of having a contractor charging a high per hour rate. He has repaired, re-glued dining chairs in the commons dining room that have saved the City from replacing them. When the original window mechanism wears out, he installs new ones. When we thought we had a leak repaired in our Solarium, Ed kept at me and said no it is not fixed. Once after a heavy rain, he came and got me and showed me where it had seeped through the drywall... I gave him authorization to cut the dry wall and see how wet it was, we then realized what a big problem we really had. This resulted in resealing the windows in the Solarium and repairing foundation. On many occasions, I have had to contract out to have the cabinet's laminate reglued. On the last occasion a vendor who charged $65.00/hr did this. His time was 22 hours at a total cost of $1,430. Even after all of this time, he picked and chose what to glue. The job was not complete because there is so much laminate to reglue. This is a constant challenge at Vintage Pointe. This is something Ed could do with clamps and super glue (this is what the vendor uses). This is not in his contract. Their office hours are 10:00 until 2:00p.m. However, being a "live-in" property caretaker of senior housing, a person of this position has to be "on-call" 24 hours a day. They accommodate our seniors needs by living on the premises and even though office hours are limited, if the need arises they will assist a senior at any time of day. They care about our seniors. Many senior housing facilities in the area have only part-time, no live-in caretakers and are not required to live on the premises. As the building ages, there will continue to be more and more maintenance that needs to be done to keep the building to the standard that it is today. Our senior- residents take pride in the facility they live in, but our community residents also take pride in knowing the City of Kenai has a senior housing complex as nice and well maintained as ours. We have caretakers that are concerned, caring and willing to maintain our facility. This is a "service" to our seniors at Vintage Pointe. We have the best senior housing facility in the area, but added to this, are caretakers that have concern not only for the building but also the people who reside there. This is imperative when having a senior housing facility. Seniors need to feel safe, secure but also need someone they can count on when needed. Suggested by: Administrati,~.. City of Kenai RESOLUTION NO. 2004-26 A RESOLUTION OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA TRANSFERRING $4,000 IN THE RECREATION DEPARTMENT TO PURCHASE A USED PICKUP. WHEREAS, the City Parks and Recreation department normally rents two pickup trucks for three months each summer; and, WHEREAS, current quotes for rental of two trucks is expected to be $9,300, which is nearly double last years cost; and, WHEREAS, the City has obtained a quote for a used pickup for $4,000; and, WHEREAS, the pickup has been inspected by our shop foreman who recom_m_ends purchasing the truck; and, WHEREAS, funds are available for transfer from the Recreation Department Professional Services account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Recreation Department From: Professional Services $4,000 To: Small Tools $4,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: ~ (5/12/2004) hl 1'1~qY-14-2004 FRI 10:45 ~ KEN~qI PEN B0R CLERK NO, 9072628615 May 14, 2004 K ENAI PENINSULA BOROUGH 144 N. BINKLi::¥ · SOLDOTNA, ALASKA - 99669-75~ BUSINESS (907) 262-8608 FAX (907) 262-861S EMAIL; assemblyclerk~ borough.kenai,ak.us LINDA MURPHY, MMC BOROUGH CLERK Ms. Dawn Holland-Williams Records 8~ Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 Re: Liquor License Transfer Dear Ms. Holland-Williams: Please be advised that the Kcnai Peninsula Borough has no objection to the transfer ofthe following liquor license, located within the City of Ke~, Al 'aska: From: Don Jose LLC, D.B.A.: Don Jose Restaurant/~ Cantina 205 S. Willow Kcnai, AK 99611 To: Cartcr Enterprises, ][ne., D.B.A.' Don Jose's Restaurant & Cantina 205 S. Willow Kenai, AK 90611 The Kcnai Peninsula Borough Finance Department has reviewed this file and has raised no objection based on unpaid or delinquent taxes. If you should have any questions, please fccl free W contac~ me. Sincerely, (~~/~L~d/a S. ~~_,Murphy, MMC Borough Clerk LSM/scc cc: Applicant City of Kenai KPB Finance Departrncm File ' State of Alaska Alcoholic Beverage Control Board Date of Notice: May 10, 2004 Application Type' NEW Governing Body: Community Councils: City of Kenai None X X TRANSFER Ownership Location Name Change License #: License Type' D.B.A.*: Licensee/Applicant: Physical Location: 3039 Beverage Dispensa~ Don Jose's Restaurant & Cantina Carter Enterprises Inc. 205 S. Willow Mail Address' Telephone #: EIN: 205 S. Willow Kenai AK 99611 907-283-8181 No Fax 76-0749777 Corp/LLC Agent: Jose Carter Address 205 S. Willow Kenai AK 99611 Phone 907-283- 8181 Date and State of Limited Partnership January 28, 2004 Alaska Good standing? Yes Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal memb There may be additional members that we are not aware of because they are notprimary members. We have listed all principal members and those who hold at least 10% shares. Member/Officer/Director: DOB Address Phone Title/Shares (%) Jose R. Carter 11/20/68 3815 Randolph Anchorage 907-283-8181 President 50% Rosa carter 10/12/71 3815 Randolph Anchorage 907-283-8181 Secretary 50% If transfer application, current license information: License #: 3039 Current D.B.A.: Don Jose Restaurant & Cantina Current Licensee: Don Jose LLC Current Location: 205 S Willow Additional comments: Restaurant Designation Application will be sent via mail. ORIGINAL APPLICATION MUST BE RETURNED. **Date of Birth * Doing Business As Cc: Kenai Peninsula Borough Loml Oov~minl Body - lq~w Fmum STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGN'~A--TATION~ ' AS 04'16'049 & 15 AAC 104'715'794 D ~{.~~ ~ FEE:~.....~_.j b5//''$50'00 .. ~LT.,,mr~ __ The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining, ant ~and persons under the age of 19 for employment. If for employment, please state in detail, how the person will etc. (15 AAC 104.745). '~ ~ ~ "" ~~ '~. This application is for designation of premises where' (please mark appropriate items) ............ "'~ 1 X Under AS 04.16.010(c) Bona fide restaurant/eating place. 2 x, Persons between 16 & 21 may dine unaccompanied. ~ ~.~t t 2 ~00/~ i' 3 '~,~ Persons under 16 may dine accompanied by a person 21 years or older. ...' 4 ./~ Persons between 16 and 19 years may be employed. (See note below). ~ ~ ~:~:'~ i C I~'~ C k ~ "'.~ ~ LICENSEE: ~Fz-'X'"~'\2_ 1Zv~-X-e_\'C ~23 ~' 5~ cO .[.Tvl r.~- ,,. ' ADDRESS: ") O.c~ ~ ~ ~) ,~ ).,~~ S~-" ~ 1. Hours of Operation: ~ t ~, OO I~l-L4 to \O ".~O Pk'~ Telephone # ~ Oq- 2 ~-- (~} ~( 2. Have police ever been called to your premises by you or anyone else for any reason: [ ] Yes [t~q No If yes, date(s) and explanation(s). Duties of employment: Lk)o-3~g'0,. 0 ~._~-~e~ ~-c~l~'~ Are video games available to the public on your premises? ~-)~ Do you provide entertainment: [ ] Yes ~(~ No If yes, describe. How is food served? ble Service Buffet Service Counter Service Other* Is the owner, manager, or assistant manager always present during business hours? ~Yes [ ] No *** A MENU AND A DETAILED LICENSED PREMISES DIAGRAM MUST ACCOMPANY THIS APPLICATION *** This permit remains in effect until the liquor license is transferred OR at the discretion of the Alcoholic Beverageffntrol Board. (15 AAC 104.795) I certify that I have read AS 04.16.049, AS 04.16.060, 15 AAC 104.715-795 and have instructed my q,i ~ees about contained therein. ~~ Application approved (15 AAC 104.725(e) Governing Body Official Date: U ~ Applicant(s) signature il ~ ~:.=~M~..~. - / - ~ '.i. ...... .~.~-~~!-i~r~'~~a ~y Commission expires Director, ABC Board Date: NOTE: AS 04.16.049(c) requires that written parental consent and an exemption by the Department of Labor must be provided to the licensee by the employee who is under 19 years of age. Persons 19 and 20 years of age are not required to have the consent or exemption. Describe how food is served on back of form. COUNCIL ON AGING MAY 6, 2004 KENAI SENIOR CENTER 10:00 A.M. AGENDA ITEM 1: ITEM 2' ITEM 3' ITEM 4: ITEM 5: ITEM 6- a. ITEM 7: CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY-- March 4, 2004 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Budget FY05 NEW BUSINESS Discussion-- Vintage Point/No Smoking, Including Apartments REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8- ITEM 9- ITEM 10: ITEM 11' ,, QUESTIONS & COMMENTS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Council Action Agendas of April 7 and 21, 2004. ADJOURNMENT NEXT MEETING: JULY 1, 2004 -- 10 A.M. COUNCIL ON AGING MAY 6, 2004 KENAI SENIOR CENTER 10:00 A.M. MEETING SUMMARY I was noted no quorum was available. A work session was held in which those present discussed the no-smoking issue at Vintage Pointe; reviewed the budget; and they were updated with the assisted living facility effort. Because it was a work session, no actions were taken. If still timely, the issues will be included on the July 1, 2004 agenda. ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- March 4, 2004 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' OLD BUSINESS a,, ITEM 6: Discussion -- Budget FY05 NEW BUSINESS Discussion -- Vintage Point/No Smoking, Including Apartments ITEM 7: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8: (~UESTIONS/h COMMENTS ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Council Action Agendas of April 7 and 21, 2004. ITEM 11' ADJOURNMENT KENAI HARBOR COMMISSION MEETING MAY 10, 2004 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY-- March 8, 2004 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS Discussion/Recommendation-- Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection ITEM 7: REPORTS Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Kenai City Council Action Agendas of April 7 and 21, 2004. 5/3/04 Kenai Harbor Rate Schedule 4/16/04 U.S. Army Corps of Engineers Public Notice, General Permit GP 2003-1, Bank Stabilization Within the Kenai Peninsula Borough, Alaska. ITEM 11' ADJOURNMENT KENAI HARBOR COMMISSION MEETING MAY 10, 2004 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER/is ROLL CALL The meeting was called to order by Chairman Thompson at approximately 7:05 p.m. The roll was confirmed as follows: Commissioners present: Commissioner absent: G. Foster, T. Thompson B. Eldridge, J. Barrett, G. Spracher It was noted, no quorum was represented. A special meeting was requested to be held on June 7, 2004. The meeting was then adjourned. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY-- March 8, 2004 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: ITEM 6: OLD BUSINESS NEW BUSINESS ao Discussion/Recommendation -- Kenai Peninsula Borough Chapter 21.18- Anadromous Streams Habitat Protection ITEM 7: REPORTS a. Director b. Dock Foreman c. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/0UESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ao Kenai City Council Action Agendas of April 7 and 21, 2004. 5 / 3 / 04 Kenai Harbor Rate Schedule 4/16/04 U.S. Army Corps of Engineers Public Notice, General Permit GP 2003-1, Bank Stabilization Within the Kenai Peninsula Borough, Alaska. ITEM 11: ADJOURNMENT The meeting adjourned at approximately 7:08 p.m. Meet~g Summary prepared by: Carol L. Freas, C~ty Clerk May 9, 2004 Mayor and Council The Kenai Recreation Commission met on May 6. They addressed the following issues that require continuing deliberation on their part: Ross Baxter will be returning to the Parks and Recreation Commission with more information on the development of Disc Golf. This would be a nine-hole proposal using the back portion of the East Kenai Trail system. The commission requested Mr. Baxter return after listening to his presentation and reviewing preliminary plans and sketches of the project. If approved Mr. Baxter would like to proceed this summer. 2. The Commission has requested that the administration discuss with them a cooperative development plan with Kenai Central High School for further development and utilization of the trail system in conjunction with trail running events. This will be incorporated into the Disc Golf discussion to insure no conflict of user groups. o The administration discussed with the Commission the RFP for a flea market at the multipurpose facility. The Commission would like the opportunity to receive further information on developments on this before their normally scheduled July meeting. The Commission has requested that Council authorize a Commission meeting for June 3 so they can address the above issues. Council, I concur with their request. A June meeting will give them an opportunity to address the issues outlined above in a timely fashion. Because of the short summer season it is important that these issues be dealt with in a more timely manner than waiting for the July meeting. Richard Ross Council Liaison .. ' KENAI PARKS/~ REC~TION COMMISSION MAY 6, 2004 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' ITEM 2: ,, ITEM 3: ITEM 4: ITEM 5: ITEM 6: ae ITEM 7: ITEM 8: , , , ITEM 9: ITEM 10: a. ITEM 11: CALL TO ORDER/h ROLL CALL AGENDA APPROVAL ~PPROV~L OF MEETING SUMMARy -- March 4, 2004 P~R_SONS SCHEDULED TO BE HEARD Ross Baxter-- Frisby Golf OLD BUSINESS NEW BUSINESS Discussion -- Summer Flea Market/Multipurpose Facility REPORTS Commission Chair Director City Council Liaison COMMISSION QUESTIONS/h COMMENTS P~RSONS PI~'-S~'-NT NOT SCHEDULED TO BE HEARD II/FORMATION Council Action Agendas of April 7 and 21, 2004. Beautification Committee Meeting Summary of April 13, 2004. "2004 Kenai Peninsula Clean-Up" Flyer "Kenai Co_m_munity Gardens" Flyer Beautification Committee, "Come Grow With Us" Planting Day Flyer. ADJOURNMENT KENAI PARKS/k RECREATION COMMISSION MAY 6, 2004 CITY HALL COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR MIKE BAXTER, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL, Vice Chair Baxter called the meeting to order at approximately 7:03 p.m. The roll was confirmed as follows: Commissioners Present: Commissioners Absent: Others Present: D. Sandahl, M. Baxter, K. Steiner, R. Mills D. Hultberg, J. Castimore, and T. Wemer-Quade Parks & Recreation Director Frates and Council Member Ross ITEM 2: AGENDA APPROVAL There were no changes made to the agenda and it was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY-- March 4, 2004 There were no changes to the meeting summary and it was approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD Ross Baxter-- Frisby Golf Mr. Baxter introduced the game of disk golf to the Commission and explained the general guidelines, rules, and basic aspects of the game and suggested reasons why East End Park would be a suitable location to situate this game. Ross noted some success in gathering interest and is currently talking to schools, Rotary Clubs in order to continue building support. Ross' intent is not to run a club, but has interest in getting a club formed. A general discussion followed relating to size of property needed, course design, and other possible properties to use. Ross offered the following additional information: · Ordering of supplies takes 40-45 days, plus installation time. · Course design can eliminate liability related to homes nearby. · His suggested course offers a lot of space. · The course could be easily adapted to a nine-hole course nearby. · For an 18-hole course with baskets and concrete pads, an approximate cost is $22,000. Sandahl stated his preference for an initial nine-hole course on the backside until an indication of interest is known. Baxter suggested a special meeting be requested after Ross develops a nine-hole course design and cost estimate. ITEM 5' OLD BUSINESS-- None. ITEM 6: NEW BUSINESS Discussion-- Summer Flea Market/Multipurpose Facility Frates offered a brief presentation relating to the flea market request for proposals and thanked the Commission for the suggestion. Discussion followed it which it was noted the due date for proposals is May 14 at 5'00 p.m., which will not afford enough time to include an recommended award on the council'a agenda for their May 19 meeting. Council Member Ross suggested the director and attorney work up an addendum and change the deadline to May 14 at 9'00 a.m. rather than 15:00 p.m. Commission agreed an addendum be published in order for a recommendation for award be included on the May 19 council meeting agenda. ITEM 7: REPORTS Commission Chair-- No report. 7-b. Director -- Frates reported the following: · Pre-season maintenance tasks were underway including opening restrooms, turning on water, opening the tent campground, playground inspections; ball field preparation; and removal of sand from turf areas. · Little League opening ceremonies is scheduled for May 8 with League play beginning MaY 15. · Adult softball begins May 27. · Reported dates for community clean-up, cemetery clean-up, planting day and banner information. 7-c. City Council Liaison -- Council Member Ross noted: · He would discuss with council the Commission's request for a special meeting in June to discuss Frisbee golf and adding an amendment to the flea market request for proposals to change the due time to 9'00 a.m. instead of 5:00 p.m. · Suggested discussions relating to development/expansion of Section 36, Municipal Park or East End Trail be placed on future agendas to keep focus on the issues. He added, if a grant is pursued, it is always a good idea to demonstrate support through meetings and discussions. ITEM 8: COMMISSION QUESTIONS ~ COMMENTS Sandahl stated he liked seeing the bike Wails being used and users are taking care of PARKS & REC~ATION COMMISSION MEETING MAY 6, 2004 PAGE 2 it. Although not a priority, he would like to see the trail used for a community even some day. Ross reported the Kenai/Soldotna Rotary Clubs are working on an event that will begin at Kenai Central High School. Mills stated he was anxious to lend his ideas and support to the Commission. Baxter stated he was not pleased with the unsightliness of the bands of lumber stored in the front parking lot of Home Depot. ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. 10-b. lO-c. lO-d. lO-e. Council Action Agendas of April 7 and 21, 2004. Beautification Committee Meeting Summary of April 13, 2004. '2004 Kenai Peninsula Clean-Up' Flyer "Kenai Community Gardens'' Flyer Beautification Committee, "Come Grow With Us" Planting Day Flyer. ITEM 11: ADJOURNMENT, The meeting adjourned at approximately 8:37 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk PARKS & REC~ATION COMMISSION MEETING MAY 6, 2004 PAGE 3 KENAI BEAUTIFICATION COMMITTEE MEETING MAY 11, 2004 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: ITEM 2: ,, ITEM 3: ITEM 4: ITEM 5: ,, ITEM 6: ITEM 7: , ITEM 8' ITEM 9: ITEM 10: ITEM 11: CALL TO ORDER Ih ROLL CALL AGENDA APPROVAL ~_PPROV~L OF MEE?ING SU~~Y -- April 13, 2004 P~-R~ONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Summer Planting Planning NEW BUSINESS Discussion-- Volunteer Plant Day/May 29, 2004 REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison 0.U_ESTIONS AND COMMENTS P~'-R~ONS NOT SCHEDULED TO BE HEARD INFORMATION City Council Action Agenda of April 7 and 21, 2004. 2004 Kenai Peninsula Clean-Up Day Schedule informational flyer. ADJOURNMENT,, KENAI BEAUTIFICATION COMMITTEE MEETING MAY 11, 2004 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIR MARILYN DIMMICK~ PRESIDING MEETING SUMMARY ITEM 1- CALL TO ORDER Ih ROLL CALL Chair Dimmick called the meeting to order at approximately 7:10 p.m. and the roll was confu'med as follows: Members present: Members absent: Others present: M. Dimmick, L. Seymour, K. Moore, H. Brown J. Rogers, L. Nelson and C. Canady Parks & Recreation Director Frates, Council Member Swamer ITEM 2: AGENDA APPROVAL MOTION: Member Brown MOVED to approve the agenda as presented and Member Seymour SECONDED the motion. There were no objectiona. 80 ORDERED. ITEM 3: APPROVAl, OF MEETING SUMMARY -- April 13, 2004 There were no changes or corrections to the meeting summary and it was approved as presented. ITEM 4: ,,p. ERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS Discussion -- Summer Planting Planning The Committee discussed the flower bed in front of the Public Safety Building and Director Frates reported he and Fire Chief Walden continue to investigate how to eliminate maintenance on the island. Other items discussed were: · The Rotary flower bed needed cleaning and it was suggested they begin their efforts at this bed beginning at 10:00 a.m., Saturday, May 15, prior to attending the community clean-up barbecue at 2:00 p.m. · A suggestion to pass out flyers for the May 29 volunteer planting at the clean-up barbecue. · General discussion relating to flower beds and cleaning required. ITEM 6: NEW BUSINESS Discussion -- Volunteer Plant Day/May 29, 2004 Comments included: · Members bring a dish to share for the May 29 barbecue. · The Care Center group plant circle planters with other volunteers. · Volunteers have been confirmed for the Blue Star Memorial, All-America City Sign, Erik Hansen Park, Recreation Center, and visitors Center. The summer crew will fertilize before the planting day. · General discussion related to planting. ITEM 7: ,! REPORTS 7-a. Committee Chair-- No report. 7-b. Parks/~ Recreation Director -- Fratcs reported his summer crew was makin§ §ood progress; banners arc anticipated to be put up this week; Little League begins May 15; adult softball begins May 27; approximately seven tournaments are scheduled for the summer; the summer crew will begin to till the community §ardens; and, approximately 15 people have requested §arden plots. 7-c. Kenai City Council Liaison -- Council Member Swamer reported the followin§: · She and Jan ice Chumley were on Sound-Off spealdng of the "Plat A Row for the Hungry" program and mentioned the volunteer planting day. · Budget work sessions had wrapped up and the Beautification budget was looking good. · Commission/committee meetings are planned to be returned to a monthly schedule and a contract secretary will be attending. ITEM 8_.' ITEM UESTIONS AND COMMENTS P~R__SONS NOT SCH~-DULRD TO BE HEARD ITEM 10', INFORMATION 10-a. 10-b. City Council Action Agenda of April 7 and 21, 2004. 2004 Kenai Peninsula Clean-Up Day Schedule informational flyer. ITEM 1 !: ADJOURNMENT The meeting adjourned at approximately 8:33 p.m. Meeting Summary prepared by: ~arol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MEETING MAY 11, 2004 PAGE 2 May 9, 2004 Mayor John VVilliams City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor VVilliams: Please accept my immediate resignation from the Beautification Commission for the City of Kenai. I regret I have not been able to fulfill my position as an effective commissioner. ! appreciate our community members who pdde themselves in keeping Kenai such a beautiful city to live in and visit. Sincerely, Colleen Canady P.O. Box 1641 Kenai, Alaska 99611-1641 907-283-5810 Council Present: Staff Present: Others' KENAI CITY COUNCIL BUDGET WORK SESSION KENAI CITY COUNCIL CHAMBEI~ MAY 3, :2004 6:00 P.M. MAYOR JOHN J. WILLIAMS, PRESIDING Jim Bookey, Pat Porter, Linda Swamer, Joe Moore, Blaine Gilman, Rick Ross, John Williams Carol Freas, Linda Snow, Larry Semmens, Cary Graves, Ewa Jankowska, Scott Walden, dack La Shot, Randy Komfield, Rachael Craig, Keith Komelis, Bob Frates, Casey Reynolds, Tommy Carver, Linda McNair, Marilyn Kebschull, Susan doy, Mary Bondurant, Robin Feltman, James Dye, Bob Springer, nancy Carver, Tony Prior, Kim Howard, Gus Sandahl, Eric Wilcox, Bill Lopeman, Kathy Romaine, Mike Wichman, Randy Komfield, Greg Beckman, Melissa Bailey Michelle Glass (KVCB) Mayor Williams opened the work session at approximately 6:05 p.m. Finance Director Se_m_~mens reviewed a handout which offered the following three scenarios: Scenario No. 1) Reflects the items proposed in the work sessions, i.e. $83,200 in additional appropriations and a reduction of $62,078 in revenue from Congregate Housing. It noted, this scenario would increase the FY 2005 deficit and would decrease the available fund balance. Scenario # 1 also includes a seven percent COLA raise for employees. Scenario No. 2) Reflects the added items proposed as above and a five percent COLA increase. He noted, since this reduces appropriations by about $90,000, the deficit is reduced and available fund balance is increased. Scenario No. 3) Includes the above and reduces the mill rate to four. This scenario would reduce revenue, and therefore the deficit increases and available fund balance decreases. Council reviewed the "Suggested Changes List" created from the previous budget work sessions discussions and made the following findings: Xe Legislative/$3,000/Travel to DC -- , Findings: Approved Legislative! $10,000/Advertising for City CD -- Change CD to "promotional materials" and discuss how the money is to be spent later. Findings: Approved . Legislative/$3,000/Milepost Advertisement -- , Findings: Approved Streets! $60,000/Dust Control -- Comments received: KEN~ CITY COUNCIL BUDGET WORK SESSION MAY 3, 2004 PAGE 2 Greg Davis, Ames Road -- Davis explained Ames Road is in terrible condition. He and his neighbors understood funds were not available for paving last year and budgets had to be tightened up. However, the city is receiving additional sales tax from Home Depot, etc. and the future looks brighter. He requested dust control measures be applied. Davis also noted, they have potholes and dust problems. Public Works Manager Komelis explained the procedure for permitting (takes two to three week~), coat, acquiring the product and leaaing the application truck. He suggested an estimated cost of $$0,000 to $$5,000. Bonding to fund paving projects throughout the city wa~ briefly discussed, as well as watering and grading. Findings: Do more grading and watering this year. Add $60,000 into the FY2005 budget. 5. Parks/Concrete Sidewalk at Memorial Park -- Parks & Recreation Director Frates reported he spoke to a concrete contractor who estimated a cost of $10,000 for 240 Lineal Feet of sidewalk and would allow for 30 spaces. He also suggested doubling the amount of spaces but allowing "plaque only" every other space. Discussion also took place about cutting "plaque only" spaces in the current sidewalks where space may be available; placement of a memorial wall; and, placing plaques around the fountain. Findings: Approved $10,000 for 240 lineal feet. 6. Clerk/Contract Secretary -- This discussion included whether council wanted to change commission/committee meetings back to a monthly meeting schedule, whether they wanted department heads to continue to take notes or have a contract secretary and the if the meeting summaries as they have been prepared during the last year are adequate and that type of summary should continue. At the council's request three scenarios were presented, i.e. monthly meetings with more detailed minutes and an attendant, monthly meetings with meeting summary and attendant, and bi-monthly meetings with meeting summary and attendant. Findings: Scenario No. 2 was chosen, monthly meetings with meeting summary and attendant. The Professional Services account within the Clerk's budget was increased by $5,400. 7. Library/Sunday Openings -- Mayor Williams noted, though he understood this subject was discussed at the last work session and council's consensus was to not include funding for Sunday openings at the Library, he wanted to discuss it further. Council Member Gilman reported he had been contacted by five people wanting Sunday openings; the budget was in a surplus situation now; felt it would be responsible to replace funding for Sunday openings; there are lots of students who use the library on Sunday; ff there's a public library it should be funded appropriately and KENAI CITY COUNCIL BUDGET WORK SESSION MAY 3, 2004 PAGE 3 provide services; the Library Commission requested Sunday openings be restored; and, he planned on forwarding a motion to increase the budget to fund Sunday openings at the library during the public hearing on the budget ordinance. A lengthy discussion took place in which comments included: · Council Member Ross stated the budget is not in a surplus as it still needs to be dete _rrn_~ned what service levels need to be restored and maintained. He will not support funding for Sunday openings. · Council Member Swarner stated she strongly supported the openings, but suggested being closed on Sundays during the summer and open on Sundays during the school months. · Library Director Jankowska stated another 24-hour/week person would be needed for staffing Sunday hours ($25,000/year) and suggested longer hours on Fridays and Saturdays may be better use of funds. Council Member Porter stated she would not support additional hours for the library unless additional funds are placed in the police budget for overtime hours, etc. · Council Member Moore stated he would support additional library funding. · Council Member Bookey stated he would have a hard time supporting Sunday openings as other department had been cut and not restored; longer hours on Fridays and Saturdays was of interest; he defi~tely would not support Sunday openings. W~!!iams suggested the budget ordinance not be placed on the consent agenda for introduction at the May 19 meeting. By that fi~e additional cost information for additional Library hours, i.e. longer Friday/Saturday hours v. Sunday openings, could be gathered. Ross requested a chart be included to show what was cut last year, the 290 hours previously added in the FY05 budget dra_rt, and the additional 24-hour person. Findings: Council consensus was to not place the budget ordinance on the consent agenda for introduction (it will be introduced by separate motion) and cost information related to the additional hours as requested by Ross be provided. BREAK TAKEN: 7:32 P.M. BACK TO ORDER: 7:49 P.M. 8. COLA Increase -- This issue was discussed at length and included comments as follows: · - Ross stated he believed the seven percent (7%) COLA increase as suggested by administration was warranted. Approving a seven percent increase would place Kenai with the City of Soldoma. He noted, Soldoma was currently involved in union negotiations and the employees there had taken reductions in ~NAI CITY COUNCIL BUDGET WORK SESSION MAY 3, 2004 PAGE 4 benefits as well. Ross distributed comparisons between Kenai/Soldotna and the Anchorage CPI. · Swarner stated she would support a five percent (5%) COLA increase. · Finance Director Se~mens noted he was projecting a 12% increase in insurance costs as was budgeted in the current budget. · Porter stated she would support a seven percent (7%) COLA increase. She also stated she would like increases in medical insurance be split 50! 50 with employees as they do in Anchorage. She noted, she felt a seven percent increase is warranted. · Williams stated he would support a seven percent (7%) increase and referred to the economy's cost of living increases, etc. · Gilman stated he didn't think a seven percent increase over a four-year period was high, but disliked that it gives a bad impression to the public. He stated he believed it more appropriate to give yearly two to three percent increases instead of it all at once in the future. Gilman stated he would support the seven percent COLA increase. · Moore stated he was not comfortable with a seven percent increase due to cost cuts made in the budget last year. He stated he would support a five percent (5%) increase and agreed, COLA increases should be addressed annually. · Swarner stated she was concerned with the increase in PERS and Sem_m_ens noted the draft budget reflected an increase in PERS. Three scenarios were noted: 1) a seven percent (7%) COLA increase; 2) a five percent (5%) COLA increase; and, 3) a five percent (5%) COLA increase with a roll back on taxes. · Porter stated her desire to consider splitting insurance increases with employees as she suggested earlier. · Williams noted he believed insurance rate adjustments should be discussed separately due to it is never a certain what those will be. · Swarner stated she support Porter's request/suggestion. · Ross stated he had no objection to investigating Porter's suggestion, but would rather leave the amounts as they are included in the draft budget and plan for the future. He did not want to confuse the issue with a COLA increase. · Ross stated he believed the employees should be involved in discussions to change the employee contribution for insurance program. Findings: This issue would be discussed further at the introduction of the budget ordinance as well. · Se_m__mens reported a resolution would be included on the next council meeting agenda to transfer funds in the Water/Sewer ~und for construction of a vactor truck dump station. He noted, ff the transfer is approved at this meeting KENAI CITY COUNCIL BUDGET WORK SESSION MAY 3, 2004 PAGE 5 (instead of waiting for the next fiscal year), an additional month's use of the facility would be available. Semmens noted, $30,000 would be cut from the FY05 Water/Sewer Fund budget. Paving would remain in the FY05 budget. · Gilman -= No co_m_ ments. · Swarner -- No comments. · Bookey -- Noted sales tax revenues were underestimated in the last year's budget. He proposed lowering the mill rate to match Soldotna (3/4 mil). · - Gilman stated he thought, in reviewing the deficits in the budget, they were budgeting too fight and not funding programs like they should be. He stated he would support a mil rate reduction along with an increase in sales tax. · Bookey stated he was not interested in raising the sales tax and stated he didn't think a ~A mil reduction would be detrimental to this budget. · Ross stated he would not be uncomfortable with a ¥~ mil rate reduction as he believed next year's sales tax will duplicate year 2003's. · Porter stated she would not want to reduce the mil rate in order to build the fund balance. She noted there are other issues to consider in the future, i.e. a new shop building, libra~ addition, etc. She added, she would like to stay at five wils for at least one more year. Moore agreed with Ross and Bookey; he didn't think the mil rate should be used to balance the budget; the mil rate should be equal or less than Soldotna; and, wants to be at least equal to the cities around Kenai. · Swarner agreed with Moore. · Gilman agreed it's not good to bounce the mil rate up and down; thinks it is almost irresponsible to not raise the sale tax now; and, didn't think a raise in sales tax will drive consumers away from Kenai. Gilman suggested reducing the mil rate and increasing the sales tax equally. · Swarner stated she was concerned about having good water. · Ross stated a one-half mil cut would put it back to the level it was when Kmart was lost; he agreed bonding should be considered to fund large projects; and would agree with a one-half mil reduction. The work session adjourned at approximately 8:49 p.m. Notes prepared by: Carol L. Freas, City Clerk AGENDA KENAI CITY COUNCIL- REGULAR MEETING MAY 5, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBEI~ http' / / www. ci.kenai, ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) Sadie Moore -- ICAN Program, Community At-Reach Program ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCII~ ITEM D: PUBLIC HEARINGS . Ordtn~ce No. 2037-2004 -- Amending KMC 23.40.080 to Provide for a Five Year Maximum Period of Reemployment for Those Persons Participating in the PERS Opt-Out and Reemployment Provisions of AS 39:35.150(b). e Remove from table. Consideration of ordinance. Substitute Ordinance No. 2037-2004 -- Amending KMC 23.40.080 to Provide for a Five Year Maximum Period of Reemployment for Those Persons Participat~g in the PERS Opt- Out and Reemployment Provisions of AS 39.35.150(b). Ordinance No. 2038-2004-- Finding That Certain City-Owned Airport Land, Described as Tract A, Baron Park No. 12 (Pre!imin~ Plat), Consisting of Approximately 16 Acres Adjacent to Marathon Road, is Not Required for a Public Purpose and Can Be Sold, Providing a Deed of Release is Obtained from the Federal Aviation Administration. . Ordinance No. 2039-2004 -- Finding That Certain City-Owned Airport Land, Described as Baron Park No. 6, Consisting of Approximately 15 Acres Adjacent to Marathon Road, is Not Required for a Public Purpose and Can Be Sold. o Ordinance No. 2040-2004 -- Amending KMC 7.05.010 to Provide for a Flat Tax on Aircraft. e . . . Resolution No. 2004-18 -- Increasing the Water and Sewer Rates and Deposits. Resolution No. 2004-19 -- Awarding the Bid to Noms & Sons for 8,000 Cubic Yards of Street Maintenance Sand for the Total Amount of $43,920. Resolution No. 2004-20 -- Transferring $2,500 in the General Fund for a Reception for Northern Dynasty Ltd. and the Pebble Mine Project. Resolution No. 2004-21 -- Transferring $30,000 in the Water and Sewer Fund for Construction of a Vactor Truck Dump Station. e 10. 11. Resolution No. 2004-22 -- In Support of the Immediate Construction of a Fiber Optic Cable Linking Anchorage, Kenai, Homer and Kodiak. Resolution No. 2004-23 -- Approving a Contract to Quality Electric for the Project Entitled Kenai Municipal Airport Security System - 2004 for Individual Lump Sum Amounts Totaling $281,101 Which Includes the Basic System and Additive Alternates I Through 4. *Liquor License Renewal-- Mr. D's/Beverage Dispensary Tourism ITEM E: , , COMMISSION/COMMITTEE REPORTS le 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees Beautification Committee Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce Arctic Winter Games Stranded Gas Committee ITEM F: MINUTES le ITEM G: , *April 19, 2004 Budget Work Session Notes. *Regular Meeting of April 21, 2004. *April 27, 2004 Budget Work Session Notes. CORRF~PONDENCE ITEM H: OLD BUSINGS.,. ITEM I- BUSINESS , Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 , *Ordinance No. 2041-2004 -- Finding Certain City-Owned Land, Described as Tract A-5, Dena'ina Point Estates, Consisting of 9.630 Acres, is Not Required for a Public Purpose and Can Be Sold. , *Ordinance No. 2042-2004 -- Increasing Estimated Revenues and Appropriations by $672 in the General Fund Library Department for a State Grant. *Ordinance No. 2043-2004 -- Increasing Estimated Revenues and Appropriations by $30,000 in the Airport Terminal Enterprise Fund for Short Term Parking Lot Renovations. e *Ordinance No. 2044-2004 -- Amending Title 14 of the Kenai Zoning Code by Adopting KMC 14.20.175 for the Regulation of Adult Businesses. , Discussion -- Schedule Joint Work Session with Kenai Visitors & Convention Bureau Board of Directors. . Discussion -- Lawton Acres Preliminary Review. , Discussion-- Improvements to Airport Lots 5 and 6, FBO Subdivision. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS le City Manager Attomey City Clerk ITEM L: DISCUSSION, 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- Annual evaluations of City Attorney and City Clerk. ITEM M: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING MAY 5, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Blaine Gilman James C. Bookey, III Pat Porter Rick Ross Linda Swarner John J. Williams, Mayor Joe Moore A-a. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: SUBSTITUTE PAGES: Item D-5, Resolution No. 2004-18, Pages 1 and 7 of Public Utility Regulations and Rates ADD TO: 1-8, Discussion/Lawton Acres Preliminary Review -- 5/4/04 Brief analysis of the feasibility of rezoning and developing the parcel between Lawton Drive and the Spur Highway. ADD TO: J-l, Mayor's Report -- Draft letter of no objection to State Pipeline Coordinator's Office re§ardin§ Happy Valley Extension Amended Right-of-Way Lease application. MOTION: Council Member Bookey MOVED to approve the agenda as amended and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 2 Council Member Bookey ~OVED to approve the consent agenda as presented and Council Member Moore SECONDED the motion. There were no objections. 80 ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS.. (10 minutes) Mayor Williams read a proclamation supporting National Police Week and Peace Officers Memorial Day. He noted, he and Vice Mayor Bookey would be traveling to Washington, DC to attend the memorial services and would also meet with congressional delegation representatives on several issues. KPD Officer Scott McBride, Mrs. Kathy Watson and her daughter would also be traveling to DC to participate in the Police Week conference and attend Peace Officers Memorial Day events. BREAK TAKEN: 7:10 P.M. BACK TO ORDER: 7:21 P.M. present. Sadie Moore -- ICAN Program, Community At-Reach Program -- Not B-2. MicheHe Glass, KVCB Report -- Mayor Williams moved this item forward. Glass §ave a brief update of activities takin§ place at the Visitors Center. She noted they est/mated 1,000 attendees at the recent art show openin§; 13 pieces of art were sold; they raised $4,000 with their silent auction raffle; they will be hosfin§ a Republican Party Conference on May 10; and offered the use of the Center for the Pebble mine reception bein§ planned by the city. Glass a/so suggested June 8 or 15 as dates for thc joint work session between the council and the KVCB Board of Directors. ITEM C: I~-PORTS OF I~_~ ASSm_.M_~LY, LEGISLATORS AND COUNCILS C-1. Assembly Member Betty Glick gave a report of actions taken at the Assembly's May 4 meeting. One issue she emphasized was their introduction of an ordinance to raise the sales tax cap from $500 to $1,000. If the ordinance is passed, it will become effective january 1, 2005. She noted, she did not think it was necessary to raise either the Borou§h's mil rate or the sales tax. Glick requested a recommendation from the council in this regard. Council Member Gilman stated he supported raising the sales tax cap and noted, the city could use the additional revenue. Council Member Bookey stated he agreed with Glick and added, he believed it would be counterproductive to raise the cap. Glick noted, the Legislature was considering the setting of a state sales tax and if it is passed, there will be impact to municipalities as well. KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 3 Council Member Ross stated, if the cap does not need to be raised, then don't raise it; if it's a choice of raising the mil rate or the sales tax cap, he suggested raising the sales tax cap. Williams stated he understood it was an option and he preferred the cap being raised in addition to a mil rate increase. He noted the hospital project as a reason for his suggestion. ITEM D: PUBLIC HEARIHGS D-Xo Ordinance No. 2037-2004 -- Amending KMC 23.40.080 to Provide for a Five Year Maximum Period of Reemployment for Those Persons Participating in the PERS Opt-Out and Reemployment Provisions of AS 39.35.150(b). D-la. Remove from table. MOTION: Council Member Porter MOVED to remove Ordinance No. 2037-2004 from the table and Council Member Moore SECONDED the motiOn. There were no objections. SO ORDERED. D-lb. Consideration of ordinance. D-lc. Substitute Ordinance No. 2037-2004-- Amending KMC 23.40.080 to Provide for a Five Year Maximum Period of Reemployment for Those Persons Participatin§ in the PERS Opt-Out and Reemployment Provisions of AS 39.35.150(b). MOTION TO SUBSTITUTE: Council Member Porter MOVED for approval of Substitute Ordinance 2037-2004 and Council Member Moore SECONDED the motion. There were no public comments. Council Member Moore noted he requested the ordinance be tabled at the April 21 council meeting due to Finance Director Semmens' being out of town. He requested Semmens speak to the ordinance. Finance Director Semmens referred to his memorandum which was included in the packet. He alao reported, while attending a meeting in Sitka relating to PERS, he discussed council's concerns with a PERS representative. Comments he received included: 11 the back-end costs will not exceed the front-end savings; and, the city should absolutely do the opt-out program because the dollars are so compelling, it is impossible to see anything in this scenario that would overcome the savings. KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 4 Semmens also noted, his opinion was in his memorandum and he believed the five- year contract term would be not be an incentive for employees to participate. A lengthy discussion followed and comments included: · If council approves a COLA increase, those opting out would receive the COLA increase and all other benefits offered by the city, other than medical insurance and PERS. · The City pays Medicare on all employees who are not exempt. · Concerns of participating in the PERS opt-out program when PERS is in financial trouble as it could impact the city. · With the substitute, after five years, those who participated in the program will be able to continue working for the city, but will have to go back into the PERS program. · This is not an employee benefit program or an entitlement, and the program should be treated as a management tool. · Another council could amend the code (and this program) before the program expires. · Se_m_mens noted his memorandum referred to eight employees being eligible for the program and there are actually seven. Of the seven, he was aware of three being interested in participating in the program, one employee paid from the Water/Sewer Fund. If the employee decides not to participate, the draft budget will have to reflect the change. · Porter explained her reason for bringing the ordinance forward was due to concerns she received from other employees who do not think it is fair to them and with the PERS program in trouble, she was not comfortable with paying in and then opting out. · City Manager Snow reported, after talking with employees, she believed only four who are eligible would take advantage of the program. They view their paying PERS and health insurance, as well as the city, as a disincentive. She agreed the program should be viewed as a management tool not an employee benefit. Referring to other comments of participation in the program developing another tier in employment, she noted, there are already existing tiers between employees. · Snow noted, theoretic and public concerns are important, but when they are compared to dollar savings and opportunity to the city and employee, she finds on the side of the employee and the city. · City Attorney Graves explained, if an employee participates in the program, they must take a mandatory leave of absence, cash out their leave, opt out of the PERS program, and then rejoin the city (which is what North Pole and Fairbanks did). In that way, which is consistent with Council Member Ross' interpretation, the person would return at the same wage and level of benefits, but the health insurance program could be different than one they participated in prior to opting out. He added, that would be made clear because there is a probability the health insurance program five years in the future could be significantly different than the current one. KEN~ CITY COUNCIL MEETING MAY 5, 2004 PAGE 5 VOTE: Gilman No Bookey Yes Porter Yes Ross Swarner Yes Yes Willia~ns Moore IYes Yes MOTION PASSED. Ordinance No. 2038-2004-- Finding That Certain City-Owned Airport Land, Described as Tract A, Baron Park No. 12 {Preliminary Plat}, Consisting of Approximately 16 Acres Adjacent to Marathon Road, is Not Required for a Public Purpose and Can Be Sold, Providing a Deed of Release is Obtained from the Federal Aviation Administration. MOTION: Council Member Bookey MOVED to adopt Ordinance No. 2038-2004 and Council Member Swarner SECONDED the motion. There were no public comments. Council Member Gilman disclosed a conflict of interest and requested to abstain from the vote. His request was approved by Mayor Williams. Bookey stated the request was reviewed by the Planning & Zoning Commission and they found the property not needed for public purpose. Council Member Moore noted, though it is airport lands, the request was not reviewed by the Airport Commission. He noted concerns that if the property is sold, the funds go into the Airport Trust Fund and are not available for use, other than the interest. However, if properties are leased, those funds are available for use. As the Airport Fund balance diminishes, he believed the consequences in selling airport property should be discussed further. Williams asked if the Airport Trust Fund can be used for improvements of lands, i.e. utilities, roads, etc. F/nance Director Sera__mens stated administration was researching the issue. They have requested a clarification from FAA and when that is received, the information will be forwarded to council. VOTE: Gilman Bookey Porter Abstained Yes Yes Ross Yes Swarner Yes Williams Moore Yes Yes KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 6 MOTION PASSED UNANIMOUSLY. D-3. Ordinance No. 2039-2004-- Finding That Certain City-Owned Airport Land, Described as Baron Park No. 6, Consisting of Approximately 15 Acres Adjacent to Marathon Road, is Not Required for a Public Purpose and Can Be Sold. MOTION: Council Member Bookey MOVED for adoption of Ordinance No. 2039-2004 and Council Member Swarner SECONDED the motion. Jim Murphy, 11306 West Circle, Anchorage -- Explained he works for North Star Behavioral Health System and spoke in favor of the ordinance and noted, it was their intention for their facility to be available for Alaskan children needing care who now get sent out of state; to provide the families visitation of their children instead of having to go out of state as they do currently; and, they believed their facility will be good for commerce, i.e. paying taxes, providing jobs during construction and after. Moore referred to the same concems he had in selling the property and its impact to the Airport Fund as he did with Ordinance No. 2038-2004. Council Member Gilman disclosed a conflict of interest and requested to abstain from the vote. His request was approved by Mayor Williams. VOTE: Gilman Abstain Ross Yes Williams Yes- Bookey Porter Yes Yes Yes Moore Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:29 P.M. BACK TO ORDER: 8:47 P.M. 9-4. Ordinance No. 2040-2004 -- Amending KMC 7.05.010 to Provide for a Flat Tax on Aircraft. MOTION: Council Member Moore MOVED to adopt Ordinance No. 2040-2004 and Council Member Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 7 Henry Knackstedt, 1602 Barabara Drive, Kenai -- Knackstedt noted he is the chair of the Airport Commission and reported the Commission had discussed the aircraft tax for some time and hoped the passa§e of the ordinance would §enerate more revenue at the airport. He added, the amendment to the code would also place the Kenai Airport on the same playin§ field of other airports. They also felt that if a user is operating in Kenai, they will also be buying fuel, buying groceries, etc. Danny Brewer, 1300 Lawton Drive, Kenai -- Explained he is a leaseholder at the airport and airplane owner. He noted, having a tax in Kenai is a big disadvantage when other areas around the city have no tax at a11. Brewer stated he had heard from a mechanic who was afraid to move his business to Kenai because he was afraid his clientele would not follow him here. With the change in the borough code and if the city's code is amended, Brewer stated he was considering bringing in larger aircraft' to deliver across the Inlet and doing winter operations. He added, the taxes are a deterrent. Porter Stated she would support the ordinance. She noted, her family owns a plane which is parked at the airport or float plane basin. She spoke with the City Attorney who felt she had no conflict in regard to voting on the ordinance. Tom Thibodeau, P.O. box 362, Kenai --.Thibodeau stated he lives out of the city but has been flyin§ out of the Keni Airport for 30 years. He believed a change in the ordinance would encourage growth on the airport and the area. A lengthy discussion followed which included the following comments: · Ross referred to Semmens memorandum included in the packet which recommended the council consider options to the proposed ordinance that would include a flat tax for each category. He suggested administration develop options and send them back to the Airport Commission for further review. He noted, the ordinance was not time sensitive. Semmens noted, if the ordinance is passed prior to December 31, 2004, it would be effective at that time. Owners and business people would benefit with the earliest resolution of the issue. Passage of the ordinance would affect the 2006 revenues. Cronkhite noted local aircraft owners were not aware that the change in the borough's tax would effect the city's tax; the Commission felt there would be advantages to economic development of the area if the tax becomes effective earlier; and, they would like to use it as a marketing tool. Moore stated he believed amending the tax ordinance would be an incentive for aircraft owners, airport related businesses, etc. to come to Kenai. · Porter stated she believed the projected loss of aircraft tax would be made up by an increase in sales tax by people who will bring their planes to Kenai. KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 8 · Gilman stated he would support the ordinance because he felt it a good investment to get more commercial revenue at the airport. · Bookey stated he would support the ordinance but believed other special interest groups will come forward requesting like consideration. · Swamer stated she strongly supported the ordinance. She added, if it doesn't work, council can revisit the issue. · Williams stated he would support the ordinance. · Ross agreed with Bookey in regard to other groups coming forward. He again suggested options be developed for the Airport Commission to review and consider. VOTE: Bookey Yes Sw__arner Porter Yes . No Williams Yes Yes Moore Yes MOTION PASSED. Resolution No. 2004-18 -- Increasing the Water and Sewer Rates and Deposits. MOTION: Council Member Porter MOVED to approve Resolution No. 2004-18 and Council Member Moore SECOKDED the motion. Bob Peters, Old Town, Kenai -- Stated he supported the increase last year. Suggested finding other means to find funding for the Sewer Treatment Plant needs. Williams explained an increase was made in the last fiscal budget to follow the recommendation made in the study of water~ sewer rates, future projects, etc., however the increase was half of what was suggested. Council's intention was to raise the rates again this year to bring them to the recommended level. Public Works Manager Komelis reviewed improvements needing to be made, i.e. arsenic removal, water tank renovations, loops with Well House No. 4, STP improvements, etc. A brief discussion followed regarding the amount of rate changes, etc. It was noted an increase in the deposit, water/sewer rates, and meter fees, etc. were included in the amendments. VOTE: KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 9 Gilman Yes I Ross Booke¥ Yes Swamer Porter Yes Yes Yes Williams Yes Moore Yes MOTION PASSED UNANIMOUSLY. D-6. Resolution No. 2004-19 -- Awarding the Bid to Norris & Sons for 8,000 Cubic Yards of Street Maintenance Sand for the Total Amount of $43,920. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2004-19 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. It was noted the company has been successfully used in the past. VOTE: There were no objections. SO ORDERED. D-7. Resolution No. 2004-20 -- Transferring $2,500 in the General Fund for a Reception for Northern Dynasty Ltd. and the Pebble Mine Project. MOTION: Council Member Porter MOVED for approval of Resolution No. 2004-20 and Council Member Bookey SECONDED the motion. There were no public comments. It was noted no date had been set for the reception as it was still in the planning stages. VOTE: There were no objections. SO ORDERED. D-8. Resolution No. 2004-21 -- Transferring $30,000 in the Water and Sewer Fund for Construction of a Vactor Truck Dump Station. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2004-21 and Council Member Moore SECONDED the motion. KENAI CITY COUNCIL ME~ING MAY 5, 2004 PAGE 10 There were no public comments. It was noted, the paving would be completed during next year's budget. VOTE: There were no objections. SO ORDERED. Resolution No. 2004-22 -- In Support of the Immediate Construction of a Fiber Optic Cable Linking Anchorage, Kenai, Homer and Kodiak. MOTION: Council Member Porter MOVED for approval of Resolution No. 2004-22 and Council Member Moore SECOlqDED the motion. There were no public co_m_~ents. Williams referred to the support letter prepared in September which was included in the packet. He noted, the resolution was generic in terms, like the support letter. A brief discussion took place relating to the advantage for the area if the cable is constructed. VOTE: There were no objections. SO ORDERED. D-10. Resolution No. 2004-23 -- Approving a Contract to Quality Electric for the Project Entitled Kenai Municipal Airport Security System - 2004 for Individual Lump Sum Amounts Totaling $281,101 Which Includes the Basic System and Additive Alternates 1 Through 4. MOTION: Council Member Moore MOVED for approval of Resolution No. 2004-23 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no public comments. Airport Manager Cronkhite explained the proposal process, evaluation of the proposals, and the negotiated price in relation to the design/build procedure. She noted, a design/build project is not always decided on price; depending upon the point in the process, some price information is not public information because it's a negotiation; the price is heavily weighted in the evaluation process; and, the technical support is local, the camera technicians are local (within 30 minutes notice) which was very advantageous to the police department about their proposal. Cronkhite also noted, the FAA has approved the award. KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 11 VOTE: Gilman Yes Bookey Yes Porter Yes Ross Yes Williams Swarner Yes Moore Yes Yes MOTION PASSED UNANIMOUSLY. D-Il. Liquor License Renewal-- Mr. D's/Beverage Dispensary Tourism Approved by consent agenda. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging -- Council Member Swamer reported the next meeting was scheduled for May 6 and the group would be discussing adding a no-smoking rule to the Vintage Pointe rules and regulations, including the apartments. E-2. Airport Commission -- Council Member Moore reported the Commission held a special meeting on April 29 and the meeting summary was included in the packet. He noted, they met to review a lease application for airport property. The issue would be discussed by council later in the meeting. E-3. Harbor Commission -- Council Member Bookey reported the next scheduled meeting is Monday, May 10. E-4. Library Commission -- Council Member Gilman reported the next scheduled meeting is June 1. E-5. Parks/is Recreation Commission -- Council Member Ross reported the next scheduled meeting is May 6. E-6. Flanning/k Zoning Commission -- Council Member Ross reported the minutes of the April 28 meeting were included in the packet. He noted actions taken, including the Commission's passage of their recommending resolution related to adult-oriented businesses. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Council Member Swarner reported the next scheduled meeting is May 11 and planting day will be held on May 29. E-Vb. meeting. Kenai Convention/k Visitors Bureau Board -- Reported earlier in the ~NAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 12 E-Tc. Alaska Municipal League Report -- Swamer noted she would participate in a teleconference meeting on economic development on May 10. E-7d. Kenai Chamber of Commerce -- Tim Navarre, Chamber President reported the following items: · The KEDS meetings were progressing very well and discussions now were taking place on planning for Millennium Square. · Donations for a large memorial to honor Officer Watson are being accepted. · Due to the director and assistant leaving the Chamber's employment, a dialog had opened up between the Chamber and the KVCB to see ff there is interest, compatibility, etc. to merge the two entities. · May 22. 'Manager. Kathy Moore, Chamber Assistant reported the following: The Chamber was participating in the Peninsula Air Fair to be held on She accepted a position with the Arctic Winter Games as their Volunteer Stated she felt it very important the City and Chamber keep an open dialog and the City support and appreciate the Chamber's efforts. E-7e. Arctic Winter Games -- Council Member Moore reported the next scheduled meeting will be held May 13. E-7f. Stranded Gas Committee -- Council Member Ross reported the following: · The Committee continues to meet. · One formal proposal has met the criteria of the Act and there are two others filed from Canadian companies and one from the Port Authority. · City administration is gathering data, doing economic impacting assessment, reviewing revenue streaming in relation to Payment in Lieu of Taxes (PLT). · He will bring the Committee's resolution forward in June that essentially sets out guidelines to the state negotiators in reference to PLT, justification for it, how they think it should be applied, as well as some definition to them on what fees, taxes, etc. should be considered regarding PLT. Neither the companies involved or the state have been able to provide the economic justification for a PLT through the construction phase. BREAK TAKEN: 10:19 P.M. BACK TO ORDER: 10:30 P.M. ITEM F: MINUTES KEN~ CITY COUNCIL MEETING MAY 5, 2004 PAGE 13 F-X. agenda. April 19, 2004 Budget Work Session Notes -- Approved by consent F-2o Regular Meeting of April 21, 2004 -- Approved by consent agenda. F-3o agenda. April 27, 2004 Budget Work Session Notes -- Approved by consent ITEM G: CORRESPONDENCE-- None. ITEM H: OLD BUSINESS-- None. ITEM I: NEW BUSINESS I-1o Bills to be Paid, Bills to be Ratified MOTION: Council Member Bookey MOVED to pay the bills and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $2,500 and Council Member Swarner SECONDED the motion and requested UN~~OUS CONSENT. There were no objections. SO ORDERED. I-3o Ordinance No. 2041-2004 -- Finding Certain City-Owned Land, Described as Tract A-5, Dena'ina Point Estates, Consisting of 9.630 Acres, is Not Required for a Public Purpose and Can Be Sold. Introduced by consent agenda. Ordinance No. 2042-2004 -- Increasing Estimated Revenues and Appropriations by $672 in the General Fund Library Department for a State Grant. Introduced by consent agenda. Ordinance No. 2043-2004 -- Increasing Estimated Revenues and Appropriations by $30,000 in the Airport Terminal Enterprise Fund for Short Term Parking Lot Renovations. KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 14 Introduced by consent agenda. Ordinance No. 2044-2004 -- Amending Title 14 of the Kenai Zoning Code by Adopting KMC 14.20.175 for the Regulation of Adult Businesses. Introduced by consent agenda. Discussion -- Schedule Joint Work Session with Kenai Visitors & Convention Bureau Board of Directors. Council selected June 15, at 7'00 p.m. in the Council Chambers for a joint work session with the Kenai Visitors & Convention Bureau Board of Directors. Discussion -- Lawton Acres Preliminary Review. A lengthy discussion took place which included the following comments: · Council noted a telephone message received by the City Clerk from Klm Beck who stated she lives along Lawton, between Rogers an Walker, and expressed her opposition to rezoning Lawton Acres. Beck was informed the present discussion was prelirn~inary and if council wishes to continue with the process, public hearings to rezone the area would take place at both the Planning & Zoning Commission and Council levels. · Council reviewed a memorandum included in the packet from Public Works representatives which included a brief analysis of the feasibility of rezoning and developing the parcel and a suggested simple development plan that pointed out various restrictions. The memorandum also reported discussions with the State about accessing the property. · Council also reviewed Attorney Graves' memorandum regarding spot zoning which was included in the packet. Council Members Swarner and Bookey reported they had received comments from residents who opposed a rezone. · Council Members Porter and Gilman stated they had received no calls relating to the issue. Nate Kiel, 404 Lawton Drive, Kenai -- Stated he had been to several meetings on the issue and felt the council was listening to his concerns and was impressed by their pro-development stance. Because public opinion could have changed over the years, he didn't believe responsible development of small businesses in this area would be a negative impact, he encouraged council to move forward with the issue to at least find out how the community feels. He added, he would not be interested in developing a business in that area if access would need to be from Lawton Drive. KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 15 Other comments included: · Williams stated he believed it may be difficult to obtain approval from the state for highway access. · A buffer zone requirement could be included on the plat, but the city would have to be ready to enforce it, or the buffer zone portion of the property could remain in the city's ownership and control with utility easements through the property. Administration was requested to prepare a landowners packet of information for review by council (including an outline of what is being considered, suggested accesses, water/sewer information, buffers, estimated cost, etc.) as a discussion item prior to the council petitioning a rezone of the property (the ~c:.t~ion of property up to the Conservation Zone as shown by administration's proposea plat) to the Planning & Zoning Commission. Council will decide what zone to include in the petition to the Commission. Discussion-- Improvements to Airport Lots 5 and 6, FBO Subdivision. Airport Manager Cronkhite referred to her memorandum included in the packet and explained she had been contacted by Mike Spisak of Bellair, Inc. regarding the possibility of leasing airport property on which to move his business. He submitted an application originally for property adjacent to the airport terminal (Tract A). This property was earmarked for additional ramp area to the terminal by the Airport Master Plan. Cronkhite explained that piece of property was also used as a snow dump and is integral to the overall drainage system for the south ramp. She noted, the Airport Commission recommended denial of the lease application for the reasons Cronkhite reported. Cronkhite added, she suggested Lots 5 and 6 as an alternate and in talking with Spisak, learned he had some concerns about the amount of dirt that would need to be brought onto those lots for use. She indicated the airport had equipment and sand to begin bringing the lots up to grade. Cronkhite noted Spisak telephoned her the next day and said he would be submitting an application for Lots 5 and 6, if the improvements are made by the city. She indicated that could not be done without the direction of Administration and Council. Cronkhite noted John Parker had previously applied for Lots 5 and 6 but had not been offered the improvements being made; Spisak stated he would not be interested in these lots without the improvements. Dwight Kramer -- Introduced himself as a friend and associate of Spisak and indicated Spisak had recently purchased property on the Peninsula, is building a home here, and wants to move his business from Anchorage to Kenai. He noted, that if the city is willing to bring the level of the two lots up to the same level as the other KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 16 adjacent properties, that's what he is request. If that's not possible, he would like Tract A and he would be responsible for full development of the portion of Tract A on which he wants to build a hangar, realizing there are drainage problems that will need to be dealt with and Spisak would be willing to bear the expense of tying into the culverts and taking care of the drainage problems in the course of construction. Kramer also noted, it was offered to backfill Lots 5 and 5 with city sand, but Spisak would like an additional binder (gravel, etc.) so that it is more appropriate for construction. Additionally, Spisak wants to place a hangar on the property and wants to begin construction this summer. He would like to build on the front portion of Tract A, which is a portion set aside by the Airport Master Plan for future ramp development or expansion. Cronkhite noted, an estimated cost for bringing Lots 5 and 6 to grade was approximately $55,000. Bookey stated he spoke with Spisak and he indicated his preference was Tract A, though he .did not want to do full market value for the front property and he explained FAA mandates that requirement and it could not be changed. He added, Spisak has a development plan to use all of Tract A though he would not be able to complete development would have to be done in phases over a two or three year period; and he felt Tract A would be the better location for a successful business at the airport. Bookey added, he felt the Master Plan could be amended to accommodate the leasing of this property and he also noted the comments relating to the other lots and that the city did not offer to improve the lots for the previous applicant and wants the city to be fair. Snow noted, it was her understanding Spisak's initial application was for a portion of Tract A and not all of it. Cronkhite noted, the Airport Commission's denial was based on their impression Tract A was to be reserved for terminal and/or jet ramp expansions. Discussion followed relating to a building retention line on the property, which could be moved; the issue can go before the Planning & Zoning Commission if council wants to pursue it; the matter would come back to council for consideration after reviewed by the Commission; and, to relocate the building retention line would include the city's cost for the engineering. MOTION: Council Member Gilman MOVED to ask the Planning & Zoning Commission to consider Tract A for this gentleman with the consideration of re-subdividing. Council Member Porter SF~ONDI~D the motion. There were no objections. SO OItDE~D. ITEM J: REPORT OF THE MAYOR-- Mayor Williams noted the following: · Referred to a letter received from Mayor Bagley requesting a list of names for consideration to be appointed to the Planning Commission due to the term KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 17 expiration of Phil Bryson. Williams suggested a letter be forwarded with ordy Phil Bryson's name included as the council's choice. MOTION: Council Member Bookey MOVED to recommend Phil Bryson as the city's choice for appointment to the Borough Planning Commission and Council Member Swamer SECONDED the motion. There were no objections. SO ORDERED. · Referred to the draft letter added to the agenda stating the city's support of the Amended Right-of-Way Lease for the Happy Valley Extension. Council had no objections in forwarding the letter. ITEM K: ADMINISTRATION REPORTS K-1. City Manager-- City Manager Snow reported the following: · She spoke with Lome Smith at Arctic Winter Games about the dog mushing venue for the Games due to some concern about using the Kenai Golf Course. He had been contacted by the Dog Sled Association who use an area in the vicinity of the Soldotna Airport and the venue will be moved there. · AWG is working with Cronkhite relating to signage and flag poles. The matter will come back to council for consideration. · The Planning & Zoning Co~mission will review the All Hazard Mitigation Plan and it will then come to the council for consideration. · She gave an update related to the telephone system at the Public Safety Building. · Public Works Director Komelis received permission for the city to remove the snow fencing left at the lake along Marathon Road. The fencing was removed. · Public Works Manager La Shot spoke with the owners of the Glad Realty building and learned it is there intent to move the building, probably in the next month. The owner will secure the building. · FAA land transfer on the Millennium Square property was completed. · Cemetery Clean-Up will take place on May 15.' · A long term lease application was received from a person interested in building a new office building complex on property adjacent to the court house. Williams stated council would have to consider whether lots should be saved for future expansion of the court house when the application comes for their review. Williams reported the boat launch improvement grant would not include enough funds to extend the road and build the launch. He asked if the land could be acquired. Komelis reported he had been discussing the matter with representatives of the property and they need to have equal value in a trade. He is reviewing appraisals, etc. to try and put something together of equal pieces and values. KENAI CITY COUNCIL ME~ING MAY 5, 2004 PAGE 18 K-2. Attorney -- Attorney Graves reported foreclosure process had begun on the Katmai Hotel. The bank has agreed to pay back lease amounts owed. He received a call from someone interested in the property. K-3. City Clerk -- Clerk Freas read into the record the following telephone poll information: TO: FROM: DATE: SUBJECT: Mayor Williams and Council Members Linda L. Snow, City Manager April 22, 2004 Telephone Poll Administration is requesting Council to approve a purchase order to Alaska Corn_~unications System for the purpose of phone system repair and/or replacement at the Kenai Police Department/Public Safety Building. The purchase order is in the amount of $15,008.00. (Resolution No. 2004-16 was approved at the April 21, 2004 council meeting and it was an oversight a corresponding purchase order was not included on the Purchase Orders Exceeding $2,500 list.) The poll was authorized by Linda L. Snow, City Manager; signed by Robin Feltman from the Finance Department; and, attested by Carol L. Freas, City Clerk. The vote was' Williams '! Yes I Bookey Moore Yes Porter Ross Yes Yes Yes Swarner Yes Gilman Yes MOTION PASSED UNANIMOUSLY. The poll was taken by Carol L. Freas, City Clerk. ITEM L: DISCUSSION Citizens-- None. Council KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 19 Bookey -- Asked how and when the opening of proposals for the flea market would take place. Frates noted the deadline for receipt of proposes was May 14 and he had received two calls relating to the request. Swarner -- Reported she attended a Cooper Landing Chamber meeting where it was announced the Kenai Peninsula Tourism Marketing Council announced "Packaging the Kenai" Regional Tourism Conference will be held in Cooper Landing, May 21-23, 2004. Moore -- No comments. Porter-- No comments. G!!~an -- Suggested a future discussion with the congressional delegation would be to remove the regulations on the Airport Trust Fund through a congressional action. Williams noted he had discussed it briefly and because the city receives lots of benefits in being aligned with the FAA, it may not be good to pursue Gilman's suggestion at this time. Ross -- No comments. EXECUTIVE SESSION- Annual evaluations of City Attorney and City Clerk. MOTION: Council Member Gilman MOVED to go into executive session to evaluate the City Attorney and City Clerk. There were no objections. SO ORDERED. EXECUTIVE SESSION: BACK TO ORDER: 12:04 A.M., MAY 6, 2004 12:24 A.M. MOTION: Council Member Gilman MOVED to call a special council meeting on May 18, 2004 at 7'00 p.m. for the purpose of conducting evaluations of the City Attorney, City Clerk and City Manager. Council Member Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM M: ADJOURNMENT MOTION: Council Member Ross MOVED to adjourn. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MAY 5, 2004 PAGE 20 The meeting adjourned at approximately 12:25 a.m., May 6, 2004. Minutes transcribed and prepared by: Carol L. Freas, City Clerk KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ 1992 MEMO: TO: FROM' Cary Graves, City Attorney Nancy Carver, Planning Administration~ DATE: May 19, 2004 SUBJECT: Lawton Acres Additional Information I was requested to collect additional research on the length of the appeal process for a possible mzoning and re-platting of Lawton Acres. Below is additional information I found with assistance from you and Phil Bryson, Planning & Zoning Commission & Kenai Peninsula Borough Planning Commission. Re-Platting Lawton Acres: If the City were to hire a surveyor to m-plat Lawton Acres - 1. The plat would go before the Planning & Zoning Commission for advisory approval. 2. Them could be no appeal at the City's P&Z level since they are only "advising" approval of the plat. 3. The plat would then go to the Kenai Peninsula Borough's Planning Commission's Plat Committee who has the authority to approve the plat, and take into consideration at that time any City requirements. a. The plat could be appealed at this time. b. Appeals go to the full Planning Commission. c. If appealed again, it goes to Assembly, who could approve, deny with cause, or remand back to the Planning Commission. ·. Approval with multiple appeals would take approximately four to eight months. · A remand could add five to seven months. · Approval with no appeals is approximately three months. Re-zoning Lawton Acres' A property owner, including the City, can request to the Planning and Zoning Commission a mzon~ of thoir proporty if a parcel doos not meet the expected use for that area. If this request were to take place: 1. Them would be a public hearing held on the rezone. a. Everyone within 300' of the rezone would be notified of the public hearing date. b. The public hearing notice is advertised in the local paper the Wednesday and Friday before the scheduled hearing and posted in the agenda the Monday before the scheduled Planning & Zoning meeting. c. AT LEAST throe weeks is required for this process to take place. 2. After listening to public testimony, it is up to the Planning and Zoning Commission to recommend approval or denial of the rezone. 3. Appeals of Commission's actions need to be made in wdting to the City Clerk within 15-days of the decision (KMC 14.20.290). 4. If them are no appeals, the determination of the Planning Commission goes to Council as a recommendation. 5. If an appeal is submitted, Council schedules a Board of Adjustment appeal headng within 30 days of the date of the appeal. 6. The Kenai City Council, acting as the Board of Adjustment, hears the appeal and renders its findings within 30 days. If the above appeals took place the total length of time to this point is approximately four months. An appeal from any action or decision of the Board of Adjustment may be taken by any pemon to the Supedor Court as provided by stat~' law and applicable ordinances (KMC 14.20.300). CITIZEN'S GUIDE HOW TO APPEAL DECISIONS OF THE CITY OF KENAI'S PLANNING & ZONING COMMISSION An affected person has the fight to appeal a decision of the Planning & Zoning Commission, Building Official or Planner regarding issues included in the Kenai Zoning Code. Following are some frequently asked questions that should help you through the process. How do I appeal a Planning & Zoning decision? First, you need to submit a letter to the Kenai City Clerk within fii~een (15) days of the date of the decision, stating what decision you want to appeal. Include your address and phone number in your letter. The Clerk's office is located downstairs at City Hall and the mailing ad&ess is 210 Fidalgo Avenue, Suite 200, Kenai, AK 99611. The Clerk's phone number is 283-7535 extension 231. What does it cost to file an appeal? There is no charge to file an appeal. However, you will have to pay any costs you have in preparing or presenting your ca~e. The cost to most people appealing a decision is minor. How will I know when the hearing on the appeal is to be held? The City Clerk will mail you a notice telling you when your hearing will be. The hearing will be h~ld within thirty (30) day~ of the date you file the appeal. A decision will be made within thirty (30) days of the hearing date. That means a decision will be made within sixty (60) days of the date you file the appeal. Who decides the appeal? The Kenai City Council, acting as a "Board of Adjustment," will hear your appeal. A majority of the Board Members hearing the appeal can decide the case. What happens at the hearing? You will be allowed to testify at the hearing. You may bring wimesses to testify also. You can also submit written information or evidence such as letters fi'om other interested people or a summary of your thoughts on the appeal. Other people may also testify and submit written Citizen's Guide to Planning & Zoning Appeals City of Kenai Legal Department Page 1 of 2 Revised 8/02 information or evidence during the hearing. Each person who gives testimony will be under oath and all the testimony will be recorded. Members of the Board of Adjustment (City Council) may have questions to ask you about the issues. They may ask you about issues or questions raised by others at the hearing. How will I know what the Board decided? Within thirty (30) days of the hearing, the Board will issue a written decision stating its decision. The decision will state the reasons why the decision was made and how each member of the Board voted. The decision will be mailed to the parties (the applicant and person appealing) and anyone who testifies or submits comments or requests a decision. The decision will also be posted on the City's website (www.ei.kenai.ak.us). If you disagree with the decision of the Board of Adjustment, you can appeal to the Superior Court in Kenai. You have thirty (30) days from the date the decision is mailed to you to file the appeal. Do I need a lawyer to help me? Most people appeal without the help of a lawyer. However, you may have a lawyer represent you at your own expense if you choose. Tips that may help you in the hearing. Be prepared. Write down the points you want to cover in your testimony. Gather your written evidence and material together before the heating. It is better if you can give it to the City Clerk one week before the hearing so the Board can have copies in advance. If not, get it to her as soon as you can or bring it with you to the hearing. Information submitted after the hearing probably will not be accepted. During the hearing, don't try to testify until it is your mm. Don't interrupt those who arc testifying. Don't argue or get angry during the heating. You will do a much better job presenting your ease if you stay calm. The Board expects its members, staff and members of the public to treat each other politely. When you testify, tell the truth. Don't guess if you are not sure. Try not to repeat yourself. Make sure the evidence you present concerns the issues. It is okay to be nervous during the hearing and when spealdng in front of the public. The Board is usedlto having people being nervous while speaking in public. They will not hold it against you. / Come to the hearing. Exercise your fights. It is your chance to tell your side of the story. Citizen's Guide to Planning & Zoning Appeals City of Kenai Legal Department Page 2 of 2 Revised 8/02 MEMORANDUM CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ TO' FROM' Linda L. Snow, City Manager Keith Kornelis, Public Works Manager ~,~--~ DATE: May 13, 2004 SUBJECT: Lawton Acres City Council requested we take a closer look at rezoning and subdividing Lawton Acres. Buffer Zone Local residents have asked for a buffer zone north of Lawton. I suggest that the replat includes adding 30 feet of right-of-way north of Lawton Drive so that the City can control that area as a buffer. Maybe a note to people purchasing these lots reminding them that City approval is necessary before doing anything (including cutting trees) in the right-of- way. Another method to provide this buffer would be a deed restriction for each lot. Rezone and New Plat Attached is a memo from Marilyn that gives you an idea on procedures and a timeline for doing this. Driveway Access I think we can provide access with one driveway off of the Kenai Spur Highway to two lots. The State of Alaska Driveway Standards leaves a lot to interpretation. I sent the attached e-mail to DOT asking them what distance between driveways they would require. DOT told me today on the phone that they had no problem with the driveway access off the Kenai Spur as shown in the attached drawing. A driveway access permit is required from DOT. Drawing The attached drawing shows the approximate dimensions of the lots that I think might work. Larger and fewer lots would also work since that would increase the distance between the driveways. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535/FAX: 907-283-3014 1992 KENAI, ALASKA MEMO: TO: FROM' Linda L. Snow, City Manager ~'~ L Marilyn Kobschull, ~lanning ^dministration THRU' Keith Kornelius, Public Works Manager DATE' May 11,2004 SUBJECT: Lawton Acres The following provides you with approximate time lines for the two zoning procedures that are necessary for development of"Lawton Acres." Rezone Process: · An application must be submitted three weeks (21 days) prior to a Planning ' Commission meeting. · The Commission holds a public hearing. The code provides a 15-day appeal period after the Commission's decision. If an appeal is filed, Council must schedule a hearing before the Board of Adjustment within 30-days and issue a decision 30 days after the hearing. · Under normal circumstances, if the Commission recommends approval of the rezone, the ordinance would be introduced at the next Council meeting and a public hearing held at the following council meeting. If approved, the rezone would be effective 30- days after the public hearing. · A typical rezone, without an appeal, would take approximately 82 days from application to effective date. Preliminary Plat: A preliminary plat would be required to rezone the "Lawton Acres" parcel. The Commission acts in an advisory capacity to the Borough on platting. Plats must be received two weeks prior to the Commission's meeting to allow staff review and publication on the Commission's agenda. After the Commission's review and recommendation, the information is forwarded to the Borough's Planning Dep~ent. The Borough requires plats be received three week's prior to their Commission meeting. After a preliminary review and approval, the surveyor has one year to finalize the plat. The City would need a preliminary plat to include with their rezone application. The rezone could be processed with the preliminary plat. However, this practice has caused problems in the past when subdivisions, such as Lawton Acres, are not finalized. I would recommend that if the Council decides to proceed with a preliminary plat that any rezone is contingent upon the plat being f'malized and recorded. Lawton Acres Page 2 Keith Kornelis From: Sent: To: Subject: Keith Komelis Monday, May 10, 2004 3:03 PM ' rex_yo u ng ~d ot. state, ak. us' Madlyn Kebschull; Jack LaShot; Linda Snow; Jan Taylor;, Cary Graves Lawton Acres Rex, As we have discussed on the phone, the City of Kenai is considering mzoning and subdividing approximately 6.3 acres of land located between the Kenai Spur Highway, Lawton, Walker, and Rogers. It would be the ama west of the gulley. Again, the city is only considering it at this time. We have not had a public hearing on any mzoning. This ama is presently zoned conservation and the city as land owners am considering rezoning it to commercial. Them is someone interested in purchasing a commercial lot them. One of the questions of major concern is access to the lots off of the Kenai Spur Highway. The futura land owners want access directly off the Kenai Spur. We would propose having one driveway located on the centertine of the property line that would serve two lots. How far from Walker Lane would the first driveway have to be built and then what distance.. would future driveways have to built apart? The residential property owners south of Lawton want to maintain a buffer zone and I think the city would like to also. We are therefore considering increasing the right of way of Lawton to the north by 20 feet and maintaining the ama with trees and brush to act as a buffer. Attached is a drawing that indicates what we am thinking might work. Would you please let me know what DOT's position would be concerning this as soon as po.~ible. lawton.bmp Thank you for your help. Keith Komelis, Public Works Manager 907-283-8232 City Safety Coordinator Fax 283-3014 Harbormaster C~ W ,00~ ,08~ 'sns Z Z 0 z ~ ~ (~ I~ Z Z -- I,U 0 ~ z Z o~ o~ Z ~- ~-- 0 0 0 0 LLI ILl ~ uJ LU 0 0 :D -r- ,~ o cD o o o cD n,, W 0 W Z 0 z ~) 0 0 Z uJ LU UJ UJ Z 0 W o uJ Z Z o n,' (.3 u.I n,' 03 5 Z ..JI-- uJ o Z 5 - 0 0 Z n,' n,' I- Z 0 c:> c:> zo Z I- n Z Z (::3 ~m n,' ::3 0 LLI ! (:3 Z Z ! ii.in" ILl ';~SI3GJOUl · s!q), pe^oJdde seq 03Q 'lzO0~: 'OS 9unl' o), 91ep uo!lelduJoo J!eq), eseeJou! pue §~:;~'c_;$ ~q 66~Z0 'ON Od ;~se;~jou! o:), le^oJdde I!ounoo ~,s;~nb;~J 9Seglcl :Jellel s!ql LUOJJ qdeJ6eJed e s! 6U!MOIlO~ eq/ 'eseeJOU! us JOj 6U!>lSe s! qlJoNoelg/~qM JO uo!leueldxe a6ed-oM1 Pel!elep e eAeL! I 'suJalqoJd ueeseJO~Un eLUOS pesneo Me!AoJV LUOJ~ LIOI!MS eLI1 pue 'lonpoJd Meu ~JeA e s! SIE>oJV 'llneJ J!eql lou e JaM leql SLUelqOJd aJeM~OS peq qlaONOeE> JOJ SBM 66~Z0 'ON JGpJo eseqoJnd leU!6!JO eql 'Ueld Xl!l!Oe-I JeleMelSeM ~LI], JO~ ],ueJ6 o~a ~LlJ ~(o 1.led s! 11 'LUelSXS SI~D S,Xl!O eLI1 UO 6U!~IJOM S! LllJONOe~D Uelcl ,{l!l!Oe_-I JalBMelSBM ~00~ '~ ~ ielAI  Je6eUel/~ S~lJOM o!lqncl 's!!euJoN 41!aN '~0~1:1 JGl~eue~/{],lC) 'MOUS '] ePU!-I : o rsns :01 ~ lZ L0£-£9~-Z06 XYd S£~;Z'£8;-/.06 ;INOHd3'I;I,L I;,6/../.'L ~966 Y)ISY1Y 'IVN3)I 00~ ;Ill'IS ":lAy OO1Yal-101,~ IVN3N JO AIIO Suggested by: Administratio CITY OF KENAI ORDINAl/CE NO. 2045-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~ ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2004 AND ENDING JUNE 30, 2005. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of,June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai Fiscal Year 2005 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing duly 1, 2004 and ending dune 30, 20015. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2004, and ending the 30th day of dune, 2005, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $ 8,717,442 Airport Terminal Fund Congregate Housing Fund Fiduciary Funds Water and Sewer Fund Airport Land System Fund Senior Citizen Title III Grant Fund Senior Citizen COA-Borough Fund Choice Waiver Fund 1984/86/93 Bond Issue Debt Service Fund 481,093 393,587 42,000 1,382,847 1,764,002 190,616 138,461 102,398 157,038 Ordinance No. 2045-2004 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (05 / 11 / 2004} hl Introduced: Adopted: Effective: May 19, 2004 June 2, 2004 July 1, 2004 Suggested by: Administration City of Kenai ORDINANCE NO. 2046-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $125,000 IN THE CONGREGATE HOUSING ENTERPRISE FUND TO REPAIR THE BUILDING'S EXTERIOR. WHEREAS, the exterior of the Congregate Housing facility is in need of repair; and, WHEREAS, funds are available in the Reserve for Repair and Replacement account. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Congregate Housing Enterprise Fund Increase Estimated Revenues: Appropriation of Fund Balance- Reserve for Repair and Replacement $125,000 Increase Appropriations: Congregate Housing- Repair and Maintenance $125,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Second day of June, 2004. 1- ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (05/~/~.004) m Introduced: Adopted: Effective: May 19, 2004 June 2, 2004 June 2, 2004 Suggested by: Administrati City of Kenai ORDINANCE NO. 2047-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 IN THE COUNCIL ON AGING- TITLE III FUND FOR FOOD AND A COMPUTER. WHEREAS, revenue from Choice Waiver meals is greater than anticipated; and, WHEREAS, the State increased the Nutrition Services grant; and, WHEREAS, additional funds are needed to purchase food and a computer for project reporting for the Senior Meals program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Council Aging- Title II! Increase Estimated Revenues: USDA Cash Choice Waiver- Donations $1,000 4,000 $5,000 Increase Appropriations: Congregate Meals- Small Tools Home Meals- Operating Supplies - Small Tools $1,000 2,600 1,400 $5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (05/14/2004) hl Introduced: Adopted: Effective: May 19, 2004 June 2, 2004 June 2, 2004 ~ ,~~~'~~~-~t KENAI PENINSULA BOI:IOUGH ~': ~ ,,~ .., 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 "-,. ,=~,~Jt'";';' -'~~ BUSINESS (907) 262-4441 FAX (907)262-1892 Kenai City Council 210 Fidalgo, Suite 200 Kenai, Alaska 99611-7750 Dear City Council Members' April 28, 20O4 DALE BAGLEY MAYOR Removal of Plat Note Restriction for Lots 7, 8, 9, & 10 Block 4; Strawberry Hill Estates; KPB File 2004-097; KPBPC Resolution No. 2004-16 In accordance with AS 29.40.140, no vacation of a city fight-of-way and/or easement may be made without the consent of the city council. The Planning Commission approved the referenced removal of a plat note restriction during their regularly scheduled meeting of April 26, 2004. This petition is being sent to you for your consideration and action. The City Council has 30 days from April 26, 2004 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30-day period, the decision of the Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. MJB:ha Sincerely, Planning Director Attachments AGENDA ITEM H. SPECIAL CONSIDERATIONS _. , Removal of plat note restriction for Lot 7, 8, 9, & 10 Block 4; Strawberry Hill Estates; KPB File 2004-097; KPBPC Resolution No. 2004-16 Staff report as read by Max Best. PC Meeting 4/26/2004 Purpose as stated in petition' (Summarized from submittal letter) Driveway has been constructed in non- compliance with note. DOT has provided notice to the landowner that they have not objection to removal of the restriction. Petitioners' Clint & Denise Chappeil of Kenai, Karen L Carson and Diana Taplin of Soldotna, AK Notice was sent to agencies and interested parties. The notice and maps were poste(~ un the Borough web site. Staff discussioq All parties directly affected by this plat note have signed letters of non-objection. If approved, a resolution will be recorded that removes the restriction of the note, and replaces it with the following restriction' Access to state maintained rights-of-way is prohibited unless approved by State of Alaska Department of Transportation. This is the standard note now used on subdivision plats that have access to state maintained roads. This allows the state to permit driveways and accesses as they see fit. If they want to only permit shared driveway access, they can. Findings' . 2. 3. 4. 5. 6. 7. A driveway has been constructed and in use since 1984. This driveway location is in non-compliance with the restrictive plat note. DOT has provided a written non-objection to the removal of the restriction. The restriction will be removed by resolution. The resolution will place a more general restriction on access to State maintained rights-of-way. Access to North Strawberry Road will be regulated and permitted by State DOT. All parties directly affected by the restrictive note have petitioned for the removal. STAFF RECOMMENDATION' Based on the above findings, staff recommends adoption of KPB Resolution 2004- 16 granting approval of the removal of the specific plat note restriction as petitioned, subject to' . Recording of the resolution in the appropriate recording district, with the petitioners being responsible for the fee. If the vacation is approved, the Kenai Peninsula Borough Assembly or the appropriate City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT Chairman Bryson opened the meeting for public comment. Seeing and hearing no one wishing to speak, Chairman Bryson opened discussion among the Commission. MOTION' Commissioner Isham moved, seconded by Commissioner Martin, to adopt KPB Resolution 2004-16, granting approval of removal of the specific plat note restriction as petitioned subject to item I (Recording of the KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 26', 2004 MEETING ' PAGE 26 UNAPPROVED MINUTES resolution in the appropriate recording district, with the petitioners being responsible for the fee.)incluc-~g Findings 1-7. Chairman Bryson asked if this item would be forwarded to the city council. Mr. Best replied yes if it was within the city limits. Findings: . 2. 3. 4. 5. 6. 7. A driveway has been constructed and in use since 1984. This driveway location is in non-compliance with the restrictive plat note. DOT has provided a written non-objection to the removal of the restriction. The restriction will be removed by resolution. The resolution will place a more general restriction on access to State maintained rights-of-way. Access to North Strawberry Road will be regulated and permitted by State DOT. All parties directly affected by the restrictive note have petitioned for the removal. VOTE: The motion passed by unanimous consent. ,, BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM ' YES YES YES YES YES YES YES JOHNSON MARTIN MASSION PEYF_RSEN TAURIAINEN TROEGER 12 YES ' YES YES YES ABSENT YES YES I ABSENT KENAI PENINSULA BOROUGH PLANNING COMMISSION APRIL 26, 2004 MEETING PAGE 27 uJ ...l~ wO (~ 'J.S AVI=J~ '~A¥ INVH.I. aO~A KENAI PENINSULA BOROUGH PLANNING COMMISSION RESOLUTION 2004-16 KENAI RECORDING DISTRICT Removal of restrictive plat note 4 requiring common driveways for Lots 7 & 8 and 9 & 10 Block Four on Strawberry Hill Estates (Plat 83-284 KRD), within Section 6, Township 5 North, Range 10 West, Seward Meridian, Alaska, and the City of Kenai. KPB File Number 2004-097 WHEREAS, a request has been received from Clint & Denise Chappell of Kenai, Alaska, Karen Carson of Soldotna, Alaska and Diana Taplin of Soldotna, Alaska, to remove the restrictions of a plat note on Strawberry Hill Estates (Plat 83-284 KRD); and WHEREAS, plat Note 4 states: A common driveway will be shared by Lots 7 and 8 Block Four and Lots 9 and 10 Block 4; and WHEREAS, access to state maintained rights-of-way is regulated by State of Alaska Department of Transportation; and WHEREAS, terrain or development frequently result in driveways that are permitted or placed in locations other than those required by plat note; and WHEREAS, on April 26, 2004, the Kenai Peninsula Borough Planning Commission addressed all concerns about the proposed vacation; and WHEREAS, the Planning Commission has found that removal of the plat note restriction will not be detrimental to the public interest; and WHEREAS, the note will be replaced with a note indicating the authority of the State Department of Transportation to regulate and enforce access to their rights-of-way; and _ WHEREAS, 20.28.120 of the Kenai Peninsula Borough Code of Ordinances authorizes the Planning Commission to accomplish vacations by Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH: Section 1. That the above described plat note restriction is removed and replaced with the restriction that "No access to State maintained rights-of-way will be permitted unless approved by State of Alaska Department of Transportation" becoming applicable upon recordation of this resolution. Section 2. That this resolution is eligible for recording upon being signed by the Planning Commission chairperson and will be deemed void if not recorded within 90 days of adoption. Section 3. That this Resolution becomes effective upon being properly recorded, with petitioner being responsible for payment of recording fee. ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF . ., 2004, Philip Bryson, Chair;Person Planning Commission ATTEST: Maria Sweppy, Administrative Assistant 224-1 Return to: Kenai Peninsula Borough Planning Department 144 N. Binkley Street Soldotna, Alaska 99669 March 30, 2003 Mary Toll Kmai Peninsula Borough Soldoma, AK 99669 Attached is an enlarged copy of the survey plat with the following note: 4) ,4 common driveway will be shared by Lots 7 and 8 Block Four and Lots 9 and 10 Block Four. It hns come to our attention that all of the driveways serving the developed lots are not in complinnce with this plat note. We have obtained an nuthorization from DOT to remove the plat note- see the attached email from Sheryl Platz dated March 12, 2003. · I/we have no objection to the removal of the pint note nnd we request thnt the Borough mnke this change ns soon as possible. · Frank & Katherine Addrisi Karen Carson Clint & Denice Chappell Thank you for your cooperation. (Lot 10, Block 4). (Lots 8 & 9, Block 4) (Lot 7, Block 4) March 25, 2004 Mary Toll Kenai Peninsula Borough Soldotna, AK 99669 Strawberry Hill Estates KRD 83-284- KPB PC Resolution to Remove Plat Not-_-. Attaahed is an enlarged ex)py of the survey plat with the following note: 4) d common driveway will be shared by Lots 7 and 8 Block Four and Lots 9 and 10 Block Four. It has come to our attmtion that all of the driveways serving the d~eioped lots are not in compliance w/th this plat note. We have obtained an authodmfion from DOT to remove the plat note - se~ the attac3ed ~mail ~om Sheryl Plalz dated March 12, 2003. I/we have no objection to the removal of the plat note and we requ~ that the Borough make this change as soon as possible. · Dianna Taplin (Lot 10, Block 4) Thank you for your cooperation. 228 March P.§, ~00~ Mary Toll ~i Peninsula Borough $oldotna, AK 99669 Attached is a copy of the survey plat with the following note: common d~v~m~y will b~ sha~# by Lo~s 7and 8 ~lock ?ou~' and Lo~s 9 an# ~0 Attached are signed requests by the affected lot owners and a copy of bOTs email to you indicating that they have no objection to the removal of the plat note. ~:t is my understanding that DOT previously granted a waiver to the Ch~ppelis so their driveway for their 4-plex could be on the other side of their lot. Also crl'l'ach~ is an As-Built for Lot ~0. As you can see, the driveway is not in compliance. ~ do not know whether a waiver was qranted for this driveway by bOT. This property has sold for the second time since~ started this project, so ~E have attached the new owneds letter to the existing package. Please remove the restriction for all of these lots. My check for $50.00 is attached. Thank you for your help. Karen Carson PO Box Z883 $oldotna, AK 99669 26Z-39§8- Bus 283-757~ - Res. 13' ...: . LOT I0 40,000 m.f. Frame Haves · Scale, I"= 20' ( ~08.94 ) LOT 9 I DRIVEWAY I i 2: 0 Z GEND AND NOTES Found official monument. Found 5/8" rebar. Found I/2" ret)ar. Set I/2" rebar. Indicates Datum of Record. Well Septic vent Power poll *'PARED FOR' Harold Sfroud I?.0. Box 3141 Soidofno. Ak. SCALE: I"= 50' 99669 AS-BUILT SURVEY I hereby certify thai I hov'l turreted the Iollowingdi~cribid. any: Lot I0, Block. Four ~Strowberrv Hills E;tgtee ........ located in t~l Kenot I I Recording District, Alaska, and mai Ihs Improvemama nltuoted thereon ore within the #tape,If lines end do not o. verlep, or encroach Mi Ihl properly lying adlecmt lhere Io, Ihaf fie improve- menlo on the properly lying adllGt#l thereto encroach on tho premieel in IlueetiMi end that there are no roodwlyn, IrMilmlelion Ilnol or other vilble iOlemiatl on laid properly meep~ m Indicated korean. I ~M ' I 1/28/e ReQlitired Land Surveyors EXCLUSION NOTE, It It the responeiblllly of Ihs owner to determine Ihl exlllincl o! any eOlemOntl, Covenants, or reelrlctione which do not appear on Iho recorded lubdlvlllofl plal. Under no circumstances lhould any dole hereon bi vied for construction or for e ltablilhlng boundary o~ like HneL Karen Carson _ I I I1~1 I From: To: Sent: Subject: "Sheryl Platz" <sheq/l_platz@dot. state.ak, us> <mtoll@borough.kenai.ak. us>; <kcnet@att. net> Wednesday, Mamh 12, 2003 1:34 PM Strawberry Hills Estates KRD 83-284 The Department has no objection to the .removal of the note requiting shared access for this lot. ~', · Sheryl S. Platz 907/269-0682 232 3/12/03 NAI PENINSULA BOROUGi-I 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 DALE BAGLEY MAYOR KENAI PENINSULA BOROUGH PLANNING COMMISSION Notice of Proposed Action by Planning Commission Public notice is hereby given that a request for removal of a plat note restriction has been received. You are being sent this notice because you are an affected property owner within the parent subdivision. Please see attached a copy of the request letter and map. If approved, the note restriction will be removed and replaced with a note that states: Access to state maintained rights-of-way is prohibited unless approved by State of Alaska Department of Transportation. This will be accomplished by a recorded Borough resolution. Public headng will be held by the Kenai Peninsula Borough Planning Commission on Monday, April 26, 2004, commencing at 7:$0 p.m., or as soon thereafter as business permits. Meeting to be held at Kenai Peninsula Borough building, 144 North Binkley Street, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Mary Toll, or Sylvia Vinson-Miller, Kenai Peninsula Borough Planning Department- 144 N. Binkley Street- Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Tuesday, April 20, 2004. [Written comments may also be sent by Fax to 907-262-8618] For additional information contact Mary Toll or Sylvia Vinson-Miller, Resource Planning Department, 262-44a. 1 (1-80047~1 toll frae within Kenai Peninsula Borough). Mary Toll Plating Officer KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~,...=. Telephone: 907-283-7535/FAX: 907-283-3014 'llll' 1992 MEMO: TO' FROM' DATE' Linda Snow, City Manager Nancy Carver, Planning Assistar~/ May 13, 2004 SUBJECT: Removal of plat note restriction for Lot 7, 8, 9, & 10, Block 4, Strawberry Hill Estates At their meeting on May 12, 2004, the Planning and Zoning Commission reviewed the removal of a plat note from the Kenai Peninsula Borough Planning Commission. The Commission unanimously rocommended removal of the note restriction, "A common driveway will be shared by Lots 7 and 8, Block 4 and Lots 9 and 10, Block 4" from the above subject plat. STAFF REPORT To' Planning & Zoning Commission Date' May 4, 200a, RE' Removal of plat note restriction for Lot 7, 8, 9, & 10,...Block 4; Strawberry Hill Estates GENERAL INFORMATION The Kenai Peninsula Borough Planning Commission has approved the removal of the plat note on the above-referenced plat that states, "A common driveway will be shared by Lots 7 and 8 Block Four and Lots 9 and 10 Block Four." The Borough received and approved the request to remove the plat note from the property owners and based their decision on the following findings' 1. A driveway has been constructed and in use since 1984. 2. This driveway location is in non-compliance with the restrictive plat note. 3. DOT has provided a written non-objection to the removal of the restriction. 4. The restriction will be removed by resolution. 5. The resolution will place a more general restriction on access to State maintained rights-of-way. 6. Access to North Strawberry Road will be regulated and permitted by State DOT. 7. All parties directly affected by the restriction note have been petitioned for the removal. State statute AS 29.40.140 states that, "no vacation of city right-of-way and/or easement may be made without the consent of the city council." City administration does not object to removal of the plat note. Council will review this request at their meeting on May 19th and would like the Commission's recommendation. -_ CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ ICJ~2 M emoranclum Date: To: From: May 13, 2004 Linda L. Snow, City Manager .~ 9,, Kim Howard, Assistant to the City Manager Lease Application, Division of Forestry- Lot 4, F.B.O. Sub. No. 7 On November 5, 2003 Council approved a lease application for the State of Alaska, Dept. of Natural Resources, Division of Forestry for an air tanker re-load base for fire response. An appraisal was ordered and approved by the FAA. Kenai Municipal Code 21.10.140 requires that the lease applicant execute and return the agreement with the City within thirty days of mailing the agreement to the applicant. It also states that "failure to execute and remm the lease agreement within the specified period shall result in the forfeiture of all leasing fights." The State was unable to return the signed application in a timely manner and has submitted a new lease application for approval. The application has few changes fi'om the original and they are described in Dennis Ricker's e-mail that is attached. On April 29th the Airport Commission reviewed the attached application and determined the intended use complies with the Airport Masterplan. The Planning and Zoning Commission determined the intended use complies with the zoning ordinance and Comprehensive Plan of the City at their May 12th meeting. The parcel is split-zoned and the Commission recognized that the current zoning limits development on a portion of the lot. It was noted that if the dratl Comprehensive Plan is approved the zoning ordinance would be amended to an airport overlay zone that would eliminate the split-zone issue. If the Plan is not adopted, the City should consider rezoning the parcel. The draft Comprehensive Plan is scheduled for public hearing before the Kenai Peninsula Borough Assembly on May 18th. KMC 21.10.080 requires all leases to be approved by the City Council. The appraisal will remain current until July 28th. If Council approves thenew lease application, a lease will be sent to the Division of Forestry for signature. Cc' Dennis Ricker, DNR Attachment .... -Original IVlessage ..... From= Dennis Ricker [mailto:dennis_ricker@dnr.state.ak. us] Sent= Wednesday, April 28, 2004 2:34 plVl To= Kim Howard Cc= Lex McKenzie; Ben IVlilam; IVlarlys Hagen Subject= Kenai Lease application Klm, I understand that you have received the faxed application from the Division of Forestry. I put the original in the mail today, along with a check. This application has very few changes from the one submitted in Sept 2003. The signatory for the application is John See, who has replaced Bill Beebe (retired). Term of Lease: 18-years. The original application was 10, and then later amended by letter to 18 years. Application checklist depicts the same notes as Sept 2003 application. A "proposed development drawing" is being submitted. It contains the same information as the Sept 2003 drawing, but has been completed by a professional draftsman. A spreadsheet which depicts the bid costs of the proposed development is provided. · The "basic bid" depicts the cost of the access road from Willow Street, expansion of the gravel pad, fencing and gate · Alt #1 is adding the water line · Alt #2 is adding sewer line · Alt #3 is a telephone conduit If you have any additional questions, give me a call. Dennis Ricker Coastal Region Aviation Manager Dennis _Ric ker~dnr, state, ak. us 907-761-6229 voice 907-761-6227 fax 800-478-7243 #0946 pager CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION ,, i FOR CITY USE ONLY Signature Name of Applicant: State of Alaska, Departmem of Natural Resources, Division of Forestry Address · 101 Airport Road Palmer, Alaska 99645 Business Name and Address: Same Telephone: 907-761-6238, John See, Coastal Fire Managemem Officer Kenai peninsula Borough Sales Tax No. (if applicable) _Not Applicable State of Alaska Business License No. (if applicable) Not Applicable Legal Description _Lot 4, F.B.O. Subdivision No. 7, according to Plat No. 2001.-34 Purpose of Proposed Lease _To provide an Airtanker re-load base for Wildland Fires Term of Proposed Lease _18-years Description of Proposed Development (type, construction materials, size, etc.) _Develop access road to lot from North Willow Street Expand gravel pad. Develop water, sewer, and electrical milities for the site Time Schedule for Proposed Development · Beginning Date: _Spring 2004 · Completion Date (maximum of two years)_Spring 2006 Estimated Value of Improvements: $_125,000. See Engineer's estimate & Contract Bids APPLICANT'S SIGNATURE: APPLICANT'S SIGNATURE' Date' CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be accepted.) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also need to show the following. · 1. Existing buildings' No permanent structures at this time 2. Proposed buildings' Future building may require a building ~ermit Plans will be submitted when funded 3. Parking facilities (spaces and location): 5 spaces on 70 x 150 gravel pad Site improvements' See attached drawing for gravel driveway and 40 x 60 pad · Areas to be cleared and method of disposal Proposed gravel or paved areas Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs: As required by Code 6. Drainage plan and method of snow removal' Summer operation See attached drawing 7. Circulation plan (all entrances, exits): See proposed gravel driveway 8. Location of sign(s) - sign permit required' N/A at this time N/A at this time N/A at this time 9. Fencing- permit required if height is over 6" 10.Curb cuts (where applicable) 11. Building height N/A at this time 12. FAA Form 7460 Notice of Proposed Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website http://www, alaska, faa. gov/airports. The site has a menu for forms. CITY OF KENAI LEASE APPLICATION-.CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. Zoning Permits Required: · Conditional Use Permit · Landscape Review Building Permit · Sign Permit Assessments Insurance Limits Required Construction must begin by Completion date for major construction , Planning Commission Approval By: _ _ Chairman Date of Approval: Ci,ty Council Approval By: City Clerk Date of Approval' THIS APPLICATION WILL BE MADE APART OF THE LEASE o o 00 0 o . LLJ LAJ O0 o o~ ~ ~ . . . . CDP,- . d MESIORANDUM DNR/Division of Forestry TO: Kim Howard City of Kenai State of Alaska Coastal Region Aviation ."' .~'"' r"' '~ .~" *... ".~ ,_ ~ FILE NO: ~:..,,.,i...-.., E-MAIL: ~^TS: Oct 3, 2003 761-6229 Dennis_Ricker~dm-. state, ak. us FROM: Dennis Ricker Aviation Manager SUBJECT: Kenai Retardant Site Lease P. EPLY DUE: none required Please add this clarification to the Division of Forestry's lease application. The mobile home/trailer that is currently on the lease site is for the storage of supplies to support Fire Retardant mixing and delivery. The structure is temporary and the Division of Forestry's intent is to remove it when additional improvements are made to the site. As additional improvements are made, a more suitable location for a permanent structure will be developed. C:~Documents and Settings~kim~Local Settings~Temporary Internet Files~OLK2A~2003 Kenai Retardant Lease Application Clarification memo.doc CiTY OF KENAI T° 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611'7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranClum Date: May 13, 2004 To: From: Linda L. Snow, City Manager Kim Howard, Assistant to the City Manager ~' Lease Application,- David Schilling d/b/a Schilling Rentals- Lots 13/k 14, Block 1, Cook Inlet Industrial Air Park David Schilling d/b/a Schilling Rentals has submitted a lease application for the above referenced properties. The lots are located on Trading Bay Road adjacent to the Kenai Courthouse. Schilling is proposing a 55-year lease. The purpose is to construct two 14,800 square foot office buildings. Estimated construction cost is $1,500,000. KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. The FAA has agreed that the City may apply the criteria used by the State in 17 AAC 45 for their airport leases. This application meets the criteria that allows for a 55-year lease for a $1,500,000 investment. Prior to leasing, an appraisal must be approved by the Federal Aviation Administration. At their meeting of May 12th, the Planning and Zoning Commission determined the intended use complies with the zoning ordinance and Comprehensive Plan of the City. KMC 21.10.080 requires all leases to be approved by the City Council. If Council approves the lease application submitted by David Schilling d/b/a Schilling Rentals, an appraisal will be ordered. Cc' David and Louis Schilling Attachment TR. B TR. A TR. A "4, G qERAL '- '"'" "- ,^ (4), ..... "AIR PARK. AVIATION "- --. "- '~/,?:rR A- . . . '-. ~ ..'--... j · ,-- APRON ..'",'--(5) ,. -.. -........,.~.,,........?. ,~ ,,~ ~ -. NO. 6 1 --. ' .... -.. · .... ~.. /1~,,''-- 12 q~ / 7 "' --~ /' "' .... ..... "_-.. " "'--...,.,, ~, I.touse ~/---. 1 "-. ' 2 ':"- '~- _~' "- ~'" -" /' TR. A-2 '"" ....... ------~__.____ "~ . 1 .... ~ ~..... ' ,~: .'-"-... '"'"' .. 9 '"----.~,_ -.' '~- .. "',-..,, "~ ' ~.,... ' '~'' -. .... " ~o 5 ....... (31,, ~ '""--.. 8 "'--....~. "~.. . ' . .-,,/ ~ ' -. -.... 5 "" ...... ' s..~.,_ ~.' ' -.... " (1)'" .... '4 TR.D ~ ~.)-"- ' "~- ' 3-- -~"~"'"'-- ~ . 3 .... O ..... ~ ," '~"--..' '" "'.. ~ "~.. KENAI SPUR-A~RP~T..2 · -~ ~ -~- ~ '-...,..., ,-.... .< - ........ _~ ' ~-__~ "" ." ""-~... ," , '~, ~ LEASE PROPER.TY ~ " , " ' 13 / .." ' /-~,.. '-,. .~, . TR, B-1 , .. i .,-- ,, '--,~, ~. ~ "-,,,,." 4 . · :. / I 1,1==~--~, ,~.~'~J/~L ,,".,~g~//'"~.. /,' '-...~ '. ' . · -_~ ! / / ...... ~ '~. .... ,' ~7 '--...j ~ ..... . '.:.' ' , / / / / ~ , /'~ ,' .... ~-A ../,_ ~ ' /,o ,"" / '~ / ,2)'~,.' ..; '"~,/ ....... ' .."~'". ' ..... ~ ~,., .~....' , ~.. ...~ . ; L :;_ '.N ^ " .. '. t ........ ~o " i i ~ ! 2 , ,,'....~ ,' ,.,' _~- . ' ' '2 ! I TR. 5-B-1 NO. 5 TP,. ~-B-2 'TR. D-1 · SPRUCEWOOD Gl. NO. 7 TR.[ o FOR CITY USE ONLY Signature , ~ ~ CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION Name of Applicant Address Business Name and Address Telephone Kenai Peninsula Borough Sales Tax No. (if applicable) State of Alaska Business License No. (if applicable) Legal Description Purpose of Proposed Lease Term of Proposed Lease Description of Proposed Development (type, construction materials, size, etc.) Time Schedule for Proposed Development · Beginning Date ~ I · Completion Date (maximufi49~o Estimated Value of Improvements ~ ' APPLICANT' S SIGNATURE: % ~5~-(-/&;~~' i_ ' ' /~~ APPLICANT'S SIGNATURE: Date' CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be accepted.) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and location) 4. Site improvements · Areas to be cleared and method of disposal · Proposed gravel or paved areas Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s)- sign permit required 9. Fencing - permit required ifheight is over 6' 10.Curb cuts (where applicable) 11. Building height 12. FAA Form 7460 Notice of Proposed Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded fi'om the FAA website http://www.alaska, faa..gov/airports. The site has a menu for forms. /¢ · ; · . , ' 0 .... O, , G ,0 ° . BUILDING · t C~r~,~ Pe~.e, 7P'P' ' ;1 S ,i CITY OF KENAI LEASE APPLICATION- CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. Zoning Permits Required: · Conditional Use Permit · Landscape Review · Building Permit · Sign Permit Assessments r/~/t~~ Insurance Limits Required ~ ~ . .. Construction must begin by /~~,/- ~ ~ Completion date for maj or construction ~~~..r'~~,~-~~ ~..~--~~ ~~-~q~_~ ~ Planning Commission Approval. By Chairman Date of Approval:.~ /~/ Ci,ty Council Approval By: City Clerk Date of Approval: THIS APPLICATION WILL BE MADE A PART OF THE LEASE Kit Duke F~C~UT~ES MANAGER ALASKA COURT SYSTEM STATE OF ALAS~ SNOWDEN ADMINI~TIVE OFFICE BUILDING 820 W. 4 TM AVENUE AN~O~GE, AK ~9501-2005 (907) 264-8238 Fax (907) 264-8291 k d u Kenco u rts. sta re.ak, u s May 14, 2004 Linda L. Snow, City Manager City o f Kenai 210 Fidalgo Ave, Suite 200 Kenai, AK 99611 Dear Ms. Snow: Wendy Lyford and I appreciate the opportunity to inform the Cir., about our future plus for the Kenai Courthouse. Caseload is-such that we are remodeling the c mrthouse this summer to accommodate an additional judicial officer. If caseload continue~ to grow, we expect to expand the cottrthouse, probably in the next five years. Since we have ah early completed this type of expansion at the Palmer Courthouse, which has a design similar ~a Kenai, we know that the building expansion can be accommodated on our current propert; r. What is of concern to us is what will happen with parking once t] ~e building expansion takes place. The expansion will likely displace 15-20 of our current p~ 'king spaces. Since we do not have adequate land to replace this parking, the expansion could i' npact surround~g properties (particularly on jury call days) because the public will park wher :ver they can on the streets or in other nearby lots. I would welcome the opportunity to work with City officials to a'ldress these possible impacts and identify a solution that is in the best interests of all. Thank y,,u for considering our concern. CC: Wendy Lyford, Thkd District ACA nal Municipal Airport 'Tlq ri)HONE 907-283,7951 FAX 907-283.3737 Memo To: From' Linda L. Snow- City Manager Rebecca Cronkhite - Airport Manager Date' May 19, 2004 Subject: Tract A General Aviation Apron No. 2 As requested, we have continued to gather information from the FAA concerning Mike Spisak's lease application for Tract A General Aviation Apron No. 2. There are a number of issues with the lot in question, as detailed in the May 13 memo (attached). The focus of our latest research has been the feasibility and the cost of changing the planned use of Tract A. The FAA has advised us that the Building Restriction Line (BRL) will need to be relocated, the Airport Layout Plan (ALP) and Master Plan updated to accommodate the change and the proposed building airspaced. A 'best case timeline' might see all the issues resolved by September at a cost to the City of approximately $30,000. Realistically, the timeframe is six months. Mr. Spisak has repeatedly expressed a desire to start construction immediately. He has also stated that lots 5 & 6 would be acceptable if the .City would provide fill. It seems prudem to suggest the City invest money in lease lot improvements that can be recovered over the life of the lease, rather than investing a similar amount of money in drainage design, ALP update, relocation of BRL, platting utility easements, and other requirements for Tract A that may result in FAA approval. Improvements to Lots 5 & 6 could begin almost immediately. A new lease application for lots 5 & 6 would require review by Airport Commission and Planning and Zoning. The lease application could then come back to Council on June 16. Mr. Spisak is proposing to bring aircraft, workers and commuter air service to Kenai; all things we have attempted to attract for a number of years. The best option currently available to facilitate this important economic development appears to be providing up to $30,000 in lease lot improvements (fill) to lots 5 & 6. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranclum I~J~2 Date: To' From; May 13, 2004 ' Linda L. Snow, City Manager Kim Howard, Assistant to the City Manager 'i.~ Lease Application, Bellair, Inc. Tract A, General Aviation Apron No. 2 Mike Spisak dgo/a Bellair, Inc. submitted a lease application for the above-referenced property. The lot is located at the North Willow and Granite Street intersection, consisting of 5.234 acres. Bellair, Inc. is proposing a 55-year lease. The purpose is to construct a hangar and office. The estimated construction cost is $600,000. KMC 21.10.0.80 states the term shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. The FAA has agreed that the City may apply the criteria used by the State in 17 AAC 45 for their airport leases. This application meets the criteria that allows for a 55-year lease for a $600,000 investment. Prior to leasing, an appraisal must be approved by the Federal Aviation Administration. The Airport Commission had a special meeting on April 29t~ to review the application. The motion to recommend approval of the application failed on a tie vote. The Commission's primary concern was with drainage. As an alternative plan, the Airport Manager proposed removing overburden and bringing in fill to Lots 5 & 6, F.B.O. Subdivision. That issue was . discussed at the May 5, 2004 City Council Meeting. Council recommended going forward with a lease application for Tract A. Council indicated it would be the lessee's responsibility to provide necessary culverts and drainage. At their meeting of May 12th the Planning and Zoning Commission reviewed the application to determine if the intended use complied with the zoning ordinance and Comprehensive Plan of the City. The Commission reviewed the FAA approved Airport Layout Plan, the Airport Master Plan, and the approved use for the property. The Commission determined that the lease, as submitted, did comply with the City's zoning but did not comply with the Comprehensive Plan and voted unanimously to recommend the lease be denied. KMC 21.10.080 requires all leases to be approved by the City Council. If Council approves the lease application submitted by Mike Spisak d/b/a Bellair, Inc., an appraisal will be ordered. Cc: Mike Spisak, Bellair Inc. Attachments nal Municipal Airport Memo To: From' Date' Subject: Linda L. Snow- City Manager Rebecca Cronkhite - Airport Manager May 13, 2004 BeHair, Inc. - Requests Terminal Counter Space Tract A General Aviation Apron No. 2 There has been a great deal of conversation and research conducted on leases proposed by Bellair, Inc. This memo is a recap of the information and recommendations gathered. In addition to his lease application for Tract A, Mike Spisak has requested we relocate the TSA (Transportation Security Administration) personnel and equipment so he can lease the Terminal counter space next to Era Aviation. There are significant facility obstacles to this request because his proposal does not include screening bags for transfer to other airlines. Our baggage system configuration does not provide separate secure and unsecured areas. I contacted TSA and arranged for several of their personnel to come to Kenai and meet with Mr. Spisak to explore ways to accommodate his request. The TSA is willing to relocate- the issue is providing a facility configuration to keep the bags separate. Mr. Spisak also indicated a willingness to implement a security program. To facilitate that request I have arranged for TSA staff to gather the required documents and program information and have it available at our meeting. There was also a meeting with you and City Attorney to obtain concurrence that the City could issue Bellair, Inc. a special use permit to operate in the Terminal while the formal lease documents proceed through channels. This will enable Mr. Spisak to begin operations on his time schedule. Linda L. Snow May 13, 2004 Page 2 of 2 On the land lease issues, I contacted FAA Airports concerning the fact that the proposed land lease includes property designated for future ramp expansion and the proposed building location is inside the BRL (Building Restriction Line). ,John Lovett, FAA Planning, indicated that the proposed building would require an airspace assessment. If the airspace assessment allowed a building in the proposed area then the City would be required to update their Airport Layout Plan and Master Plan. FAA approval of the revised ALP would consider future expansion needs and the availability of other land lease space. Wince-Corthe~l-13ryson provided additional comments concerning the drainage and clearance issues if Tract A is developed as a hangar operation rather than a parking apron. Taxiway OFA (object free areas) will need to overlay the property and will restrict usable space, utility easements should be expanded so storm drainage systems do not conflict with existing buried FAA control cable, the proposed customer/employee parking area adjoins the aircraft apron requiring security fencing outside the object free area, City should require all stripped soils be removed from airport property, property should not be mined and overburden should not be buffed. Mr. Spisak has agreed to provide drainage structures to address potential runoff from a 20-year reoccurrence interval storm. This agreement for drainage and lot restrictions should be included in the lease and the City should retain the right to design and inspect construction of all drainage structures. A 100-foot structure free area adjacent to the active apron should be required to provide adequate area for the lessees own aircraft parking. This requirement would mirror requirements on past hangar development. The existing lease application details development of a very small portion of the total 5.243 acres. There is no development scheduled for the 350' of Willow Street frontage. The lessee should be required to provide a complete development plan for the entire property or serious delays could result when the appraisal is submitted to FAA because of the "highest and best use~ assessment. In the past Council has required developers to secure bonding to protect the City should required utilities and improvements not occur. Due to the complex drainage issues on this property and the potential detrimental effect to other airport property holders, a requirement for bonding should be considered to ensure all drainage structures are completed to specifications. www.ci.kenai.ak.us. ~0. :3 Subiect Pro N N · ! / ,, NO. 5 SPUR-AtRPORT~ ,/' LEASE PR'OPER~ /.,. F41~?''~ 23 O~ 1C:Ola BELLRIR, IMC. S072~50276 p.2 BELLAIR, INC. Operations: P.O. Box 60311 Fairbanks, Alaska 99706 Phone: (907) 457-8359 Fax: (907) 457-2239 Business Office: 6601 South Airpark Place Anchorage, Alaska 99502 Phone: (907) 245-0271 Fax: (907) 245-0276 II ', , I ,.. II I I ! '--' . . I , I I I ' I April 23, 2004 To: Rebecca Cronkhite From: Mike Spisak BEL'L.~R, INC. is a FAA Certified Air Carrier certified to fly passengers, freight and mail. Currently BELLAIR, INC. operates 6 schedule flights a day to 15 destinations in Alaska, with hub operations in Fairbanks and Kotzebue. BELLAIR, INC. is an Alaska Corporation with its base of operations and principle business office in Anchorage, Alaska. Mike Spisak is the sole shareholder of BELLAIR, INC. BELLAIR, INC. operates 2 Beechcraft Multi Engine Turbine Volpars, 4 Piper PA-32 Cherokee Six's~a Piper Navajo and a Swearingen Metroliner. BELLAIR, 1NC. is certified by the Department of Transportation in Washington D.C. as a 401 certified Air Career and holds a certificate of public convenience and necessiW for interstate air transportation. This certificate allows BELLAIR, INC. to haul U.S. Mail and to accept interline baggage and freight from main line lower 48 careers. Currently BELLAIR, INC. doesn't have any interline agreements in place for baggage transfers bm we are exploring it with America West Airlines and Frontier Airlines in Denver. BELLAIR, INC. would like to move its base of operations from Anchorage to Kenai. BE[J.,AIR, INC. is proposing to build either a 80' x 60' hangar or a 100' x 80' depending on the availability of the hangars once a lease is approved. BELLAIR, INC. would like to construct the building and have it operational by the end of September 2004. BELLAIR, INC. estimates that we will employ between 5 - 10 people in Kenai whether we move some of the current employees down to Kenai or hire new ones. BELLAIR, INC. is doing a market research study at this time in regards to operating a Commuter Passenger Schedule between Kenai and Anchorage. Although the Hangar project is not directly in need of a Commuter flight to Anchorage it would maximize its use. BELLAIR, INC. expects to have a decision whether we will start a schedule flight between Anchorage and Kenai by hopefully mid May with a potential to start setwice by June 1, 2004 in our Metroliner. BELLAIR, INC. hopes the community would stand behind us on a passenger schedtile flight to Anchorage so that they could see not.only more flights but possibly better fares. BELLAIR. INC. has selected Tract "A" at the Kenai Airport as a possible site to build our Hangar. We have selected this site due to its location and it would be the best lot to have immediate improvements so we could quickly get our building up. The lot also ties in closely with the terminal building if we do start flights between Anchorage and Kenai. BELL. AIR, INC. has submitted a plan for use of the west end of' Tract ':A" but would take the complete lot if some type of rent was deferred until we developed the east portion of the lot. BELLAIR, INC. has looked ~t the other lots that are currently available at the Kenai Airport but we are not interested in those lots because of the. location and the amount of work that it x~511 require to improve those lots. BELLAIR, INC. is only interested in developing Tract "A", if Tract "A" is not available then. we will not invest into another lot and'we will keep our base in Anchorage. I'm available at (907) 360-74'90 if anyone should have any questions or concerns. Please don't hesitate to rove me a call. Sincerely, BELLAIR, INC. Operations: P.O. Box 60311 Fairbanks, Alaska 99706 Phone: (907) 457-8359 Fax: (907) 457-2239 Business Office: 6601 South Airpark Place Anchorage, Alaska 99502 Phone: (907) 245-0271 Fax: (907) 245-0276 April 2O, 20O4 To: City of Kenai From: Mike Spisak RECEIVED CITY OF KENAI ADMINISTRATION Subject: Proposed Lease of Tract A BELLAIR, INC. would like to propose a lease for the portion of Tract "A" that is approximately 250' wide by 386' deep. BELLAIR, INC. proposes to operate its Air Career Operations from the proposed facility. Currently BELLAIR, INC. operates its main base of operations in Anchorage but would like to move its base to Kenai. BELLAIR, Inc. proposes to construct a 80' wide by 60' deep steel hangar building with a 24' x 80' combination office, freight receiving and avionics area. Employee and Customer Parking would be as depicted as shown on the plan. The complete lot would be leveled and all trees removed. Building set backs would be as required and snow removal will be contracted out. Possible snow storage would be used on the comer of the Parking lot. Drainage for the property would be planned prior to building. Perimeter fencing would be installed per the requirements of the airport. The building maximum height would be 30' high. BELLAIR, INC. would like to begin construction ASAP upon signing an agreement with the City. The proposed completion date would be within 2 years with occupancy starting hopefully in fall of 2004. BELLAIR, INC. estimates a total of 10 employees on site. Any questions you may have can be directed to myself at (907) 360-7490 Since President Name of Applicant Address CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION Business Name and Address FOR CITY USE ONLY Date' ~/~//~ ~ime ~.:~3''~ Signature Telephone Kenai Peninsula Borough Sales Tax No. (if applicable) State of Alaska Business License No. (if applicable) 1~ ~ .-- /o I ~' ,~'- Legal Description Purpose of Proposed Lease Term of Proposed Lease Description of Proposed Development (type, construction materials, size, etc.) C.~c ?~ -~. :si Time Schedule for Proposed Development · Beginning Date /~ g.~ P , · Completion Date (maximum of two years) Estimated Value of Improvements $ APPLICANT'S SIGNATURE: APPLICANT'S SIGNATURE' Date: ~A~/~ Date: olt c~uml heaa Ix)It _  ~. r.h. DOit ..,...., ~ e o.~.. s.z8,,~_~'w. ,~ ,.0o-_oo.~ '~'°~'" ~ TAX'/WAY A-$ . . - . 60 m % S. 28°. 42' W. ,, ~ n eatje l~v t. c~ , Id 2,0' utility easement approx. ' ~ ."v~ i (" Ioc. H$-A' '":'"JJ II 'J TRANSFORMER I~ I~ ..~:,,~. kx:.. . {,,umlergrouncl Ix)wer sL4 S.28°-4 2'.W. "' ~-"-"~-,"~ ~ -T ~e~~- - - ~ 0 o-oo- s~t rel)ar underground telel~one 8, pover I I I I I 6O ~8 , 381 s./. ,5.243 ac. ! . I0 uhl. easmt. ~fiO'O0 ....... i iii WILLOW N. 28°- 42' E , set ret)or C .._.,,,__ OPl BELLAIR, INC. 10' Set Rack 250' Wide Tract "A" 100' Set Back Paved Ramp Hangar Door 80' Wide x 20' High Hangar 80' Wide x 60' Deep Concrete Floor Aircraft Parking & Tie Down BRL Gravel Parking 160' Aircraft Parking & Tie Down Gravel Parking 80 x 24" Offices, Freight Receiving & Avionics Customer & Employee Parking Lot Gravel Parking 386.6' CITY OF KENAI LEASE APPLICATION- CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. Zoning Permits Required: · Conditional Use Permit · . Landscape Review · Building Permit · Sign Permit Assessments Insurance Limits Required Construction must begin by ~r~/a' Completion date for major construction Planning Commission Approval By: Chairman Date of Approval: City, Council Approval By: City Clerk Date of Approval' THIS APPLICATION WILL BE MADE A PART OF THE LEASE Judy Humphrey 1715 Wesbet Ct. Kenai, Alaska 99611 (907) 283-3358 udy. humphrey®wor[dnet, att. net City Cound[ City Hat[ Kenai, Alaska 99611 /~ay 7, 2004 Re: Water and Sewer Rate Increase RECE;'..~iL T' 'i I~¥ I 1200/1 , L_ LE~:< KENAI CITY C ~,. Gentlemen, The need for a rate increase for water and sewer is understandable, and I appredate you accomplishing this in increments rather than 30% att at once. My question is, why can't we be charged accordinB to usage as it is the case with HEA and Enstar? When we are encouraged to conserve water, what would be the motivation? And why should a single homeowner pay as much as a household of six or seven? In the same type of dwetUng one person probably uses as much for heat and etectridty as a family, but them definitely is a difference in water consumation. A fiat rate maybe easier to administer, but I'm beginning to feet that I am paying way more than my fair share. $50 a month is a lot of money, considering how tittle I use. In my particular situation this is more than I spend on gasoline - even with the increases of [ate. Any input would be greatly appredated. With kind regards, _./,/'/..._ Judy Humphrey .... R,ECEIgED .... __ i L I I iiii i ' dlTY OF KENAI" ' _ADMINISTRATION 7.15.050 (3) Supplies, materials, equipment, or contractual services purchased from another unit of govern- ment at a price deemed below that obtainable from private dealers, including war surplus; (4) Contractual services purchased from a public utility corporation at a price or rate determined by State or other government authority. (5) Contractual services of a professional nature, such as engineering, architectural, and medical services. (6) Supplies, materials, equipment or contractual services purchasable under the contract of another governmental agency in which contract the City is authorized to participate. (KC 7-37; .Ords. 203, 464, 541, 872) 7.15.060 Sales, surplus, competitive bidding. No surplus or obsolete supplies, materials, or equipment may be sold (except by trading in on other goods or services) until the Council shall have declared them obsolete or surplus. Before the City Administrator sells any surplus or obsolete supplies, materials, or equipment, except as otherwise provid- ed in the next section, he shall advertise them for sale in a newspaper of general circulation in the City or give notice in such other manner as he deems necessary adequately to reach prospective , buyers to give them 'an opportunity to make bids. All bids shall be sealed and shall be opened in public at a designated time and place, except when the sale is by auction. The City Administrator may repeatedly reject all bids and advertise or give notice again. He shall sell such supplies, materials, or equipment to the highest responsible bidder for cash. In case of a tie, he may sell to either of the bidders tying, or may divide the sale among two or more tying, always selling to the highest responsible bidder or bidders for cash. (KC 7-38) 7.15.070 Sales, when competitive bidding not required. The City Administrator may sell the following only with notice to and approval of City Council without giving an opportunity for competitive bid- ding: (a) Surplus or obsolete supplies, materials, equip- ment or other property, excluding real property, the value of which does not exceed $1,000 in a single transaction; or (b) Supplies, materials, equipment or other proper- ty, excluding real property, when sold at a \ 122- 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535/FAX: 907-283-3014 '~111' 1992 KENAI, ALASKA MEMORANDUM'. TO: FROM- DATE: Linda Snow, City Manager Larry Semmens, Finance Director~ May 14, 2004 SUBJECT: Report The finance department offices are being constructed and should be completed in a week or so. The legislature did not pass HB 91 which would have increased retirement benefits to public safety PERS members. They did pass SB 136. This bill authorizes local governments to increase the homeowners exemption to $20,000. Originally the bill would have authorized up to a $50,000 exemption. The revision is a good compromise. Kenai does not participate in the exemption, but the Borough does. Public notice of the June 2, 2004 budget hearing will happen next week. I will be preparing for the Mayor's Chamber of Commerce presentation of the budget. Health insurance premiums are up 23.6% over the current year rotes. The 2005 budget is adequate due to employee contributions and PERS opt outs. I believe that the 1.5% decrease in rotes for 2004 was related to gamedng public support of Blue Cross converting to a for profit enterprise. The two year average increase of 11% is in line with the mst of the industry. Our Blue Cross rates are still considerably less than what we would pay under the Aetna political subdivision program rates. We will be getting quotes from both insurance pools for our property and general liability insurance. Historically the AMLJIA has quoted slightly higher than APEI, so we are with the latter. The pools both provide similar insurance, but the AMLJIA functions more like a shadng arrangement than APEI. If council is not open to switching pools if the price is dght, I would like to know that. Monthly Report For May 19, 2004 Keith Komelis~ Public Works Mana~e_r Lawton Acres' I have prepared information for discussion on subdividing and rezoning this area. Kenai Coastal Trail:_ Council has received the Corps' last report dated February 13, 2004, and th~ administration continues to work with them. I talked to the Corps in Anchorage on May 13, 2004. They said that the environmental studies have been completed. They am waiting on the sedimentation study from their research lab in Mississippi. They am pressuring them for it; and when they receive it, they will prepare a summarizing report. New Well House 4.-.. DNR's public comment pedod for the transfer of land ownership to the city for the well house site on Togiak Street near our sewer interceptor line closed May 11. I am meeting with KPB Coastal Management to answer their concerns. Nelson and Associates is working on the well house design. Stmetli~hts: I am meeting with North Coast Electdc to discuss them maintaining a stockpile of streetlight parts for us in our yard. Kachemak Electric is helping the city maintain streetlights that am on steel poles.. Wastewater Facility Plan'_ CH2M Hill has completed the final report. GeoNorth is working on our GIS for our sewer system as part of this project. They requested an increase that is going to council. Wetlands Protection - S. Spruce Project: This project is funded with a $12,000 US Fish & Wildlife matching grant. The city's match will be gravel, concrete pilings, signs, and labor. I am going to work with Frates on this project. The project is to protect the wetlands next to South' Spruce and to encourage people to use the trail and stay off the wetlands. _Roaring Facility Launch Ramp and Road Exit Proiect: We have received the $350,000 grant from the stat~ ~or this project. Nelson is working on the design that will add two launch ramps. I am working with The Conservation Fund to possibly trade some city wetlands for the uplands area where we want to build exit road from this fa~lit~ to Bridge Ac~ss Road. They will pay for a new appraisal of the land we requesting if we will pay for a new appraisal of the wetlands we want to trade to them. Dip Net Fishery: ! have received the generic receipt books for dip net parking and camping. The new pay envelopes have b~n shipped so we should receive them an~ime. KMC Title 17 Public Utilities; I have received comments on the changes to Title 17 and the water and sewer rules and regulations. Hopefully the changes will make the water and sewer requirements the same and make the regulations fair to everyone. This also includes verbiage requiring grease traps in sewer lines where applicable. Streets & Dock: The floats have been repaired and installed between the launch ramps. We have removed the orange fence from the pond next to Marathon Road, swept streets, bike paths (including the Spur Highway), and parking Iot~, fillt~:l potholes, graded roads, removed sander and blade from Auto car and mounted tank, removed gates and wings, and worked on signs. Water & Sewer:._ We have unplugged sewer lines, worked on communication failures, installed phone line surge prot~etom, worked with contra~or at 3 Beam, met with consultants on Well House 4, minstall~:l modem at Well 2, pulled and repaired lift station pumps, changed wiring on controls at Broad St. lift station, fix some key boxes, and replaced some manhole dngs and lids. I am working on new water sampling requirements and the 2003 Consumer Confidence Report. Wastewater Treatment Plant: VVWTP is working on the new Stranco Controller for the sodium bisulfite and the upgrade of the tatum a~vat~d sludge basin level control system. We have worked on a design fr a vactor dump station and replacing the lab sinks and countertop. I have sent the test results of the sludf= from the plant to the KPB. We have submitted the new NPDES permit. nal Municipal Airport Airport Lease Property: Most of last week was devoted to gathering information for Mike Spisak's proposed lease. Details of those findings are provided in a memo to the City Manager. In addition, there has been a flurry of interest in Airport property, in both our office and Kim Howard's office. Most of the inquiries are speculative at this point, however, if all of the proposed developments occur we could have a full ramp in the next two years. The interest is very exciting although tempered by the realization that many of these projects never reach fruition. Air Fair May 22, 2004' The date is fast approaching and Mary is scurrying finalize all the details. A flyer is included in this packet and we are using copies of the Clarion article on the aircraft fiat tax to let potential customers know of Council's decision to provide financial incentive to attract aircraft owners to Kenai. Let us know what you think of the radio ads and coverage of the Air Fair. Supplemental Planning Assessment RFP' We received four proposals fi'om firms interested in the RFP. Evaluation of the proposals is currently underway with the final recommendation tentatively scheduled for the Council meeting of June 16. The evaluation is taking longer than planned because of the exceptional quality of the proposals. FedEx: I have received information concerning the FedEx move to the Ron's Rental property. The information is sketchy and unconfirmed at this time; however, I do know that FedEx has contracted with a Soldotna real estate company to explore other options. I have written to the FedEx property manager and contacted local developers in an effort to keep their focus on Kenai. I will keep the City Manager appraised of any developmems. Training: Earl Hicks is attending the American Association of Airport Executives Advance Airport Safety and Operations Course for the next week. Security: Representatives fi'om TSA conducted a tabletop exercise on May 6, 2004 to test our response capabilities. Lt. Klm Wannamaker represented KPD and we received high praise for our security program and preparedness. KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 TO' Linda Snow, City Manager FROM' Charles M. Kopp, Chief of Police DATE' May 13, 2004 SUBJECT' April 2004 Report April 2004 brought 504 calls for police service. The CommUnications Center received 230 e911 calls for emergency assistance. The Communications Center sent Greg Beckman and Janet Matson to the Navigator symposium/conference in Nevada. NAVIGATOR is a premier emergency communications conference hosted by the National Academy of Emergency Dispatch. The Academy's mission is to provide the best possible education and training to calltakers in the fields of medical, police and fire dispatch. The conference covers many dispatch related areas of concern to include; call taking, stress management, operations, leadership/management techniques, networking and technology. Officer Miller assisted the Department of Public Safety Training Academy in Sitka for two weeks as a mentor/guest instructor. Lt. Wannamaker, S gt. McBride and S gt. Komfield attended a National Fire Academy seminar on Hazardous Materials Incident Management. This training was hosted at PRISM. Officers George, Langseth, Sjogren, Ross and Langham attended the Dept. of Public Safety sponsored Sexual Assault Response Training (SART) certification class hosted at the Kenai Convention and Visitors Bureau facility. Officers George and Langseth taught the Drug Abuse Resistance Education program at Kenai Middle School the last week of April. This is a followup to the D.A.R.E. elementary program taught in fifhh grade at Mt. View Elementary school. Chief Kopp and Chief Walden continue to work on federal grant funding for the Kenai Emergency Operations Center. CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 (907) 283-7666 · (907) 283-8171 fax e-mail: kfdept@ci.kenai.ak, us May 11, 2004 TO: From: Subject' Linda Snow, City ManagerF~ -) Scott Walden, Fire Chief ~ April 15 - May 11, 2004 Department Report Type of This Period This Period 2004 to 2003 to Difference Response last yr date date Fire 17 15 62 59 + 3 EMS 38 54 320 280 + 40 , , Other 11 20 43 65 - 22 TOTAL 66 89 425 404 + 21 "Other" includes investigations, public assists, mutual aid, search/rescue, hazmat, alarms, ARFF. Provided facility tours and equipment demonstration for DOT Aircraft Firefighters from a class at the Alaska Regional Aircraft Fire Training Center and for fire brigade members from Conoco- Phillips on the slope, and participated in a planning meeting with military emergency services for cooperative mining exercises set for August. This' training will incorporate Kenai Fire & Police, CES, Nikiski, refineries and plants, PRISM, fish processors' and the Kenai Airport over a four day period. We participated in the "Blessing of the Bikes" event and procession for KPD Officer John Watson and family. .. · .. .. Presented draft City-specific information fOr the BoroUgh All Hazard Mitigation Plan (HAZMIT) to p & Z, and scheduled a public comment period on. the Plan for the May 12 P & Z meeting. We participated in joint training with CES for a water shuttle exercise, and worked with W & S crew to bring the floatplane basin emergency water draft site on line for the summer. We continued coordinated efforts with'State Forestry for clearing dead spruce in town this spring. We conducted Rapid Intervention Team (R1T) training for our personnel using in-house instructors and props donated by the Kenai Firefighters Association, and participated in training · with local Enstar crews. We worked with Parks/Rec in planning for: Beautification Comm. kick off event and other projects. ...-~ KENAI. ALASKA "village with a Past, ¢it j with KENAI PARKS & RECREATION DEPARTMENT KENAI 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Tolephone' 907-283-3692 / Fa.X: 907-283-3693 MEMORANDUM TO: FROM: Linda Snow, City Manager Robert J. Fratcs. Parks & Recreation Directo~~/ DATE: May 12, 2004 RE: Monthly Report- April 2004 The month of April was busy for the Parks & Recreation Department. Micah performed park inspections during the early part of the month. Reports from the field indicate that vandalism was minimal throughout the winter months. However, some boards were broken at the Bernie Huss trailhead and one picnic table had been rolled down the bluff at Municipal Park. No vandalism was reported at the Multi-Purpose Facility. Micah performed a preliminary clean-up at the cemetery and attached signs announcing the May 15a' Cemetery Clean-up. Cost estimates were obtained to replace a portion of the eastern fence as well. Micah and the Director spent a couple weeks reviewing and imerviewing for summer positions. Micah also assisted a Sears Elementary group with the clean-up of Berme Huss Trail on April 22"d, assisted volunteers with the planting of flower bulbs (lilies, ranaculus, anemones, and liatris) at the City greenhouse, and assisted the Street Dept. with sweeping efforts. Other activities included thc development of a Flea Market Proposal, completion of the 2004 Multi-Pm~se Ice Report and flowerbed planning. Micah and the Director also met with Boys and Girls Club related to a grant they received through thc Department of Community and Economic Development' for thc maintenance and restoration-of the beaches and sand dunes. The goal is to establish a strategic plan to ensure civic duty and environmental stewardship among local teenagers and surrounding communities. The department is also coordinating the planting of the Rec. Center flowerbeds with B&GC. The Recreation Center Manager, James Clark, has indicated that their operation is progressing smoothly. Teen Center activities are numerous w/th dances, contests, and games occurring regularly and attendance numbers are strong. A new decorative awning was also constructed above the snack bar area. Unfortunately, Michelle Bumett, Kenai B&GC Teen Center Director, announce~ she will be resigning toward the end of May. Michelle has established a solid rapport with the youth and will be missed. B&GC is currently soliciting for this position. MEMORANDUM To: Linda Snow, City Manager From: Rachael Craig, Senior Center Director Date: May 6, 2004 Subject: Monthly Report for April Total number of days rented in April: April 2004 Meals served: Total Congregate Meals Served: Total Home Meals Served: 1,438 1,130 April 2004 Transportation: Unassisted Rides Assisted Rides 365 375 April 2003 Meals served: Total Congregate Meals Served: Total Home Meals Served: Total Non-Senior Meals Served: 963 1039 24 The Center had a total of 845 volunteer hours for the month of April. We celebrated Easter by coloring Easter Eggs and sending them with the home meal clients, held an Easter luncheon with 85 present. On April 22, we held a volunteer appreciation luncheon. We had 127 seniors in attendance and honored each volunteer with a certificate. The volunteers with the most hours for the year were: A book club has been started. The group meets Wednesday morning and have read three books. The current book being discussed is "The Red Tent". There are five seniors participating in this activity. The nurse fi'om CPGH, Lynn Knowles, saw at least 10 seniors for blood pressure checks, nail cuts, and blood draws. The seniors served Prom Breakfast to 1 O0 seniors early Sunday morning. Our new bell choir held their first performance for lunch. They were well received. They will be performing for different agencies. KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ Telephone: 907-283-7535 / FAX: 907-283-3014 l~ii~' 1992 Memorandum To' From: Linda Snow, Kenai City Manager Casey Reynolds, Director of Economic Development Date: May 13th, 2004 Re' Monthly Report-May We are still working with Northem Dynasty Ltd. and the Kenai Borough to facilitate a site visit and sell the City of Kenai's businesses and facilities for their use. They have asked the borough to coordinate their trip, which will likely be in mid-June, and I am in close contact with Bill Popp on the details. As far as the KEDS process, we are currently holding subcommittee meetings to develop a proposal for the use of Millennium Square, but other than that we are in the final stages of developing the draft plan and should have a document ready for public feedback in the next month. I am also working on revising the Vista Grant work plan for its annual resubmission to the State of Alaska for approval of a second year of the program here in the city. 163 Main Street Loop Kenai, Alaska 99611 REPORT FOR APRIL, 2004 CIRCULATION Adult Juvenile Easy Books Fiction 1854 Non-Fiction 1464 Periodicals 91 487 237 1112 313 Cassettes Intemet Access CDs Misc Puzzles 58 860 188 35 1 Videos 994 DVD 181 Audiobooks 112 Total Printed Materials ............... 5558 Total Circulation ............................ 7987 IPAC Searches ....................5665 ADDITIONS Docs Adult Juvenile Easy Books AV Gifts 1 86 46 21 65 Purchases - 54 4 8 1 Total Additions ............................... 286 INTERLIBRARY LOANS Ordered Received Returned Books 31 14 15 INTERLIBRARY LoANs BY OUR LIBRARY ............ 28 INTERNET USE ......... 860 VOLUNTEERS Number .... 11 Total Hours ..... 211 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,495.30 264.25 54.95 Total Income for April, 2004 ......$1,814.50 Library Cards Issued April, 2004 Kenai 40 Kasilof Nilciski Soldotna 12 Sterling Other 10 Total 75 Library Patronage ...... Adult Programs ........ Childrens' Programs... 7,134 Persons 31 Persons 250 Persons MEMORANDUM N,,N CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ TO: Linda L. Snow, City Manager FROM' Keith Kornelis, Public Works Manager ~,, May 13, 2004 Kenai Boating Facility Exit Road DATE' SUBJECT' I have been working with The Conservation Fund on a possible land trade. They own the land that would be useful as an exit from our Boating Facility. The total area that The Conservation Fund owns is 31% acres. About one third or ten acres of the northern portion of this property is uplands that they would be willing to trade to the City. The total 31% acres was appraised at $200,000 in 2000. I discussed proceeding as follows (if the City Council approves): 1. The Conservation Fund will have their appraiser place a value on the ten acres of upland area that the City is interested in. They will pay for this appraisal. 2. The City will look at the appraised value for the ten acres of Conservation Fund land we want to own. We will use this value to help determine what wetlands we may want to trade. In 1999, the City had an appraisal done of many City-owned wetland parcels, which will help us. The Conservation Fund requires an equal value for the land trades. 3. The City will have a new appraisal done of our wetlands area we think is close in value to the land we want to own. The City will pay for the appraisal of our wetland area. 4. The Conservation Fund and the City of Kenai will then make the land trade. Should I proceed as outlined above? INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 19, 2004 ,, 2004 Gaming Permit Application -- Kenaitze Indian Tribe , 4/2004 Kenai Municipal Airport, Monthly Passenger Enplanement Activity Report. e KPB Ordinance no. 2004-13, Amending KPB 5.18.430 Sales Tax Computation -- Maximum tax, by increasing it from $500 to $1,000 and City of Soldoma Resolution No. 2004-27, opposing the Kenai Peninsula Borough increasing the current five hundred dollar limit on taxable sales. , 5/2004 Resource Development Council for Alaska, Inc., Resource Review. , 5 / 2004 Soldotna Chamber of Commerce, Soldotna Chamber Connection. e 5 / 04 Bridges Newsletter. e Fourth Annual Kenai Peninsula Air Fair & Fun Flight Flyer. o 5 / 18 / 04 KPB Assembly Meeting Agenda. MAY- 13-2004 THU 12: 27 PM KEN~ I TZE I ND I ~N TR I BE Department o! Revenue Tax Division PO Box 110420 Juneau. AK 99811-0420 Telephone 907.4s$.2320 ORGANIZATION INFORMATION FGf,~'al EIN " ..... 92-0069243 State of Alaska 2004 Gaming Permit Application AS 05.15.02o This form is also available on the lntamet: al: www. mx.stace, ak. us/programs/gaming/  Ch~lmb~ ~l=L1hing Oorby Dog M~hem EclLll=mioflal g,..j Muntdp41ily II I OROANizi=D AS I II I 'Non Profit Trmle AM~ion Oul~aam Minor Alloeialion Polbe or Fire Dopmlffm~t Polmml I i i J ~ CorporlaJon tr~_bal c~ovt,T 5"/4-10-9326 AG~ "' P.,O. Box 352 II I R.iPou. IRA,NaM Village II · II Ii I "~ Parln_.,~ahi~ ILk ,--- ,, -,?- ........ , · i i i iii PERSONa IN OHAROE OF OAME8. Pefmrm taus! be aclive mena3ef~ of the °m~~, or an ,mPlaye, of Itl, munioipadly, an, dMigrlaled by Ihe organizalion. Membem may not be liM4mJd u an opemlor, vmlaor, or employee of & venaoc. 'F[;,~mlIy M&T, Get ;~i'Na.'-~ J~knJy M~b~ ~1NAI~ ...... AI~.le M~er Fimt Name - JOaylinJ Telephon~ Numbm' , J9.07-26274615 ..... IAImmal. Meamm Last N~me Rosalie J ?epp 574-~6-2118 1907-283-9285 ~ AddmM ...... 271 5 ~at. ergat, e Way II Il _ I ii i _ i I I J _ iac,o~ 6eour~ Num~ Ih,yh',~ Teie~homl NumD~ ~ Y~ ~No Hu ~y ~ of ~~f m ~ ~~ who b ~ ~ g~ ~~ e~t ~ mn~ of a ~. ~~n, or ~ Y~ ~ No D~ ~ ~~ of ~t ~ any ~~ w~ b f~~ ~ g~g ~~ ~ve a ~b~ ~~ k~ IL.;J $0 $~3.o0o = S20.0o "L.I 82o,ool '.'$1oo,(~oo = ~,qO'm [~ $1'oo,ooJ ar Mom 6t00 00 ~ · I _ ,, ' i - II I II III I I I · ~11 · mmm · PoFm 04-6~6 [Rev 09/0S1 ~M, - -- :-- ' ..... 2004 Gaming P.rmit Applloation Kenai~ze In~-~an Tribe 255 ~. Admin. Oft. Kenai, Ames Bingo Raffle ~/~ AOTIViTIE. OONDUOTED BY OPERATOR M~Y- 13-2004 THU 12: 28 PM KEN~ ITZE I ND I ~N TR I BE [~RX NU, J~U I ,'oo ouo,- 2004 GAMING PERMIT APPLICATION PERMIT # 1085 KENAITZE INDIAN TRIBE ATTACttMBNT "A" DF.,DICATION OF NET PROCF_~DS: The Kena/tz~ Indian Tribe pmposcs to dcdicatc 50% of its net proceeds to its tribally operaIed programs/services and 50% to tribally owned lands, additional land acquisition and buildings. The Kcnaitz¢ Indian Tribe is a federally recognized Tribe since 1971 and has successfully administered grantrdconUacts through federal/state agencies (B~, DHHS, DOL, EPA, State of Alaska, AoA, HUD, et~.) that benefit its Tribal Membem, other eligible Alaskan Natives and Amedcan Indians. The following are pwErams the Tribe currently Admini~: Elders's Program; JOM/~~; Health/Dental; Drug/Alcohol~¢n~ Health; Employment & Training, WIA, Housing, Hcad Start, Ocneml Assistance, Enm'gy .a~i~~e., EPA, ICWA; Trib~d Court, Trial Op~fi. om ~md Trib~! Fishery. Many of our pro~ operate from multiple leascd or rented pwperties However, it is thc desire and goal of thc Kenaitze Tribal Council, thc governing body of thc Tribe, to acquire property in order to consolidate the entire Tribal Operations onto one or two site~. Subsequently, the Tribe is in the process of purchasing $0 acres of Native AHotmcnt land from a Tn'bal Member and has been able to retire thc debt on the 47 acres of Waterfront Property located on Cannery Road in Kenai that was traditionally used by the Kcnait~- Dena'ina People as their summer fish camp site. MONTHLY PASSENGER ENPLANEMENT ACTIVITY 14,500 13,500 12,500 11,500 10,500 9,500 8,5O0 7,500 6,500 5,500 4,500 3,500 2,500 1,500 500 [ 2ooo 12001 2002 ~i003 112004 Feb 7,859 7,815 8,300 7,137 7,829 7,046 6,454 5,602 6,326 5,922 Mar 7,657 5,280 6,409 May 7,531 5,375 Jun 9,086 8,216 7,058 8,143 9,044 7,371 6,902 6,880 6,740 5,988 5,848 5,993 5,618 Jul Aug 11,049 Sept 8,994 Oct 8,464 Nov 7,612 7,968 12,736 12,093 10,807 6,334 7,582 7,345 7,494 9,979 8,644 6,684 6,309 6,023 6,249 6,435 9,445 5,820 7,674 6,120 6,688 5 yr. Change Average Change from 2000- from 5 yr. Month 2004 2003 2003 2004 Average , Jan 6,326 6,454 -128 7,354 -1,028 , Feb 5,922 5,602 320 6,718 -796 , Mar 5,993 5,280 713 6,903 -910 Apr 5,618 5,375 243 6,272 -654 May 5,848 0 Jun 5,988 0 _ Jul 9,445 0 Aug 7,674 0 Sep 6,435 0 Oct 6,120 0 Nov 5,820 0 ~ec 6~688 0 'als 23,859 76,729 1,148 -3,388 hal Municipal Airport Introduced by: Date: Hearings: Action: Vote: 05/04/04 05/18/04 & 06/01/04 KENM PENINSULA BOROUGH ORDIN~CE 2004-13 AN ORDIN~CE AMEND~G I~B 5.18.430, SALES TAX COMPUTATION - MAXIMUM TAX, BY INCREASING IT FROM $500 TO $1,000 WHEREAS, KPB Chapter 5.18 provides authority for and specifies the amount of tax to be applied on the first $500 of each separate sale, rem, or service transaction; and WHEREAS, the KPB Sales Tax' Code has not been amended to increase the maximum tax computation since the adoption ofKPB Ordinance No.9, effective July 1, 1965; and WHEREAS, by increasing the maximum tax computation from the currem $500 to $1,000, an additional mount.of approximately $1.9 million could be generated and used to minimize any future mill rate increases; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: .SECTION 1. That KPB 5.18.430 is hereby amended as follows' 5.18.430. Computation---Maximum tax. The tax shall be applied only to the first [$500.00] $1,000.00 of each separate sale, rent or service transaction, except as otherwise provided in this section. A, Except as provided below for long-term vehicle leases, the payment of rent, whether for real or personal property, in excess of [$500.00] ~;1,000.00 and for more than one month, shall be treated as several separate transactions covering the rental/lease for one month each. B, · Services provided on account and billed to the customer on a periodic basis are subject to application.of the tax on a maximum of [$500.00] $1,000.00 of each billing, per account. For purposes of this section, any advance payment for services other than to a trust or escrow account is considered to be paid pursuant to a "billing." C, Each night's rental of each individual room shall be considered a separate transaction and therefore the maximum tax computation shall be calculated on a per room per night basis. Kenai Peninsula Borough, Alaska New Text Underlined; [D~ TEXT BRACKET~] Ordinance 2004-13 - Page I of 2 Do Long-term vehicle leases shall be treated as one transaction per year, and per fractional year, of the lease term. The tax paid for any fraction of a year shall equal the tax paid for a whole year. The sales tax for the entire long-term vehicle lease shall be due and collected at the time of the first payment. Tax shall be calculated at the sales tax rate in effect on the day the lease is signed. There shall be no refund of such taxes should the lease term/hate earlier than on its terms. Any extension of the initial lease term shall be treated as a new long-term vehicle lease. SECTION 2. That this ordinance becomes effective January 1, 2005. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2004. ATTEST: pete Sprague, Assembly President Linda S. Murphy, Borough Clerk Ordinance 2004-13 Page 2 of 2 New Text Underlined; [Dm~n'ED TEXT BRA~] Kcnai PeninSul~ Borough, Alaska 83 KENAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 ,, BUSINESS (907) 262-4441 FAX (907)262-1892 · · MEMORANDUM - DALE BAGLEY MAYOR TO: FROM:. DATE: SUBJECT: Pete Spmgue, Assembly Presidem Members of the Kenai Peninsula Borough Assembly Dale Bagley, Mayor /9/~ Scott. Holt, Finance Director April 22, 2004 Ordinance 2004-~._ mending KPB 5.18.430 Sales Tax Computation- Max_imm Tax KPB Chapter 5.18 provides authority for sales tax collection and remittance of sales tax on all retail sales, rents, and services made or rendered within the Kenai Peninsula Borough. KPB 5.18.430 provides authority for the maximum sales tax. computation on the first $500.00 of each separate sale, rent, or service transaction. From inception of the Borough's Sales Tax Code, · Ordinance No. 9 effective July 1, 1965, the Borough Assembly has not changed'the maximum sales tax computation. Based on the consumer price index for Anchorage ~nd the attached memo fi'om Jeanne Camp, KPB Economic Analyst, $500 in 1965 is now worth $1,801.70. By increasing the maximum sales tax computation per transaction from the current $500.00 to $1,000.00, it is estimated that an additional $1.9 million could be generated. These funds could be used to minimize future property tax increases that may result fxom decreasing revenue streams. Additionally, the dries within the borough would experience an estimated $1 million increase in revenues. The following table illustrates the estimated revenues fi'om such an increase to the borough and the cities:I ,,, I This assulIles that the home rule cities of Kenai and Seward follow this change. Memo re Ordinance amending KPB 5.18.430 Page 1 of 2 Calendar year Revenue Change 2003 with Proposal Revenues_ Imulemented Percent Municipality. Boroueh Inereas~e Portion. Portion Homer $7,203,393 $444,381 6.2% $282,786 $161,595 Kenai $6,057,761 $458,768 7.6% $275,261 $183,507 S¢ldovia (l&4) $51,020 $2,464 4.8% $1,232 $1,232 Seldovia (2&3) $136,224 $10,467 7.7% $7,246 $3,220 Seward $4,580,420 $272,480 5.9% $181,744 $90,736 Soldotna $9,501,576 $420,305 4.4% $2fi2,183 $168,122 Borough $14,601,682 $1,351,521 9.3% $1,351,521 Total $42,132,075 $2,960,386 7.0% $1,000,452 $1,9,59,933 Should the Ordinance pass, an effective date of January 1, 2005 is requested in order for the borough administration to properly notify the public, publish the changes, and develop the necessary documents to properly administer this modification. Additionally, this effective date would ease the transition as it coincides with all filing schedules, including businesses that file annually, and will' give the public time to make billing and other adjustments that may be necessary. Two public hearings are requested, including one on shortened time, in order to follow the same schedule as the budget ordinance and allow additional opporttmity for public comment on this ordinance as it is expected to have a significant effect within the entire borough. Memo re Ordinance amending KPB 5.18.430 Page 2 of 2 __ Rp~' 22 04 O?:47a CEDD- 26~'6'76~' MEMORANDUM To~ From~ Ed Oberts, Administrative Assistant to the Mayor Jeanne Camp, KPB Economic Analyst '~ Date: April 22, 2004 Re: CPI as it relates to KPB Sales Tax Exemption You asked for an update to the CPI study that was done several years ago, as applicable to the Sales Tax Exemption. During 1965, when the exemption was enacted, the CPI for Anchorage was 35.3. As of 2003, the CPI had increase~ to 162.5, a change of I27.2 points or 360.34%. Applying the 360.34% increase to the $500 sales tax exemption, an e,x~tion of $1,801.70 is comparable to ~e $500 exemption during 1965. Introduced By: Date: Action: Vote: City Manager May 12, 2004 Adopted 5 Yes, 0 No, 1 Absent CITY OF SOLDOTNA RESOLUTION 2004-27 A RESOLUTION STATING OPPOSITION TO THE KENAI PENINSULA BOROUGH INCREASING THE CURRENT FIVE HUNDRED DOLLAR LIMIT ON TAXABLE SALES WHEREAS, the City Council does not believe information has been provided that demonstrates a need to raise the five hundred dollar ($500.00)limit on sales tax; and WHEREAS, if the Kenai Peninsula Borough raises the limit this might also require the City to raise the limit for Soldotna; and WHEREAS, raising the limit might result in a transfer of sales to other locations or to Internet sales to the detriment of the local economy; and WHEREAS, in the absence of a clearly defined need and insufficient information to assess the impacts of a change, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOLDOTNA, ALASKA: Section 1. At this time the City Council is opposed to raising the taxable sale limit above five hundred dollars ($500.00) per transaction. Section 2. This resolution becomes effective immediately upon its adoption. ADOPTED BY THE CITY COUNCIL this 12t~ day of May 2004. ATTEST: David R. Carey, Mayor Teresa Fahning, City Clerk AT .U AFl H THEM Editor's Note: This is a condensed version of a feature story published in Northwest Education Ma~azine. The original version can be read at www. nwrel.or~/nwedu/ ~n September 1969, U.S. Senator Gaylord Nelson announced from Seattle that the first Earth Day would be cele- 'iated come springtime. That same ~0nth, a thousand miles away in Anchorage, the State of Alaska took his- toric bids from the world's oil companies for the right to drill in Prudhoe Bay. These two events radiated from their Northwest epicenter into a national furor that continues, 34 years later, between environmental activists and those who push for development of the nation's nat- ural resources. But a decade into the debate, during the litigious 1970s, many began to refine their approaches to the issue. On the part of industry- timber, min- ing, and oil companies ~ this meant investing considerably in creating educa- tional programs to teach the public about natural resources and their beneficial uses. While it's unlikely that the person on the street would single.out BP, ExxonMobil, Boise-Cascade, or Weyerhaeuser as major contributors to education today, that is precisely the case. Natural resource industries are laying ~t philanthropic dollars to develop and ~isseminate environmental education materials, student learning activities, and teacher training. Skeptics might assume that the materials they create are merely propa- A student in Minto "mines" a cookie, an activity that is part of a resources kit produced by AMEFIER ganda aimed at influencing future voters and consumers. However, the materials are used enthusiastically by many teach- ers, and workshop participants surveyed are overwhelmingly positive, saying that the materials are objective, engaging, relevant, and tightly connected to state academic learning requirements. Moreover, supporters of the curricula point to the close partnerships that in- dustry associations have formed with state and district education leaders, col- laborating on the development of curricula to ensure that materials meet the learning needs of students. While detractors say such industry- sponsored curricula must be inherently biased, written with the intent to sway young minds in favor of development, others say.that school materials and text- books, in general, overwhelmingly favor an environmentalist point of view. Paul T. Hill, director of the Center on Reinventing Public Education at the University of Washington, observed that "value-laden areas" of the school cur- riculum, such as environmental educa- tion, reproductive health, and civics, are inevitably going to be tugged this way and that by politics. (Continued to pa~e '~) AMEREF Pro,ram 1, Gas Pipeline Perspective 3 State Fiscal Solution 3,7 Fisheries Policy 6 South Denali Project 7 TAPS Reconfi~uration 8 Yellow-Billed Loon 9 Po;o Permit Appeal 10 RDC News Di~est 11 After 24 years of mining at Poker Flats, Usibelli Coal Mine moved operations' to Two BuL Ridge. That's two miles away, and the Bucyrus-Erie Dragline '~Ace-in-the-Hole" had to make the move too. Traveling at a blistering speed of seven feet per minute the journey was made in 29 hours over a period of four days. Challenges like this are just par for the course for Usibelli Coal Mine. For over 60 years, UCM's production has been sup- ported by the most modern mining equipment and state- of-the-art engineering. At least "Ace-in-the-Hole'' shouldn't have to take any more long strolls for another 20-30 years. USIBELLI COAL MINE, INC. P.O. Box 1000, Heal,v, AK 99743 Marketing Office (907) 452-2625 e-mail: info@ usibelli.com www. usibelli.com Resource Development Council 121 W. FJreweed, Suite 250 AnchoraRe, AK 99503 Phone: (90'7) 2'76-0700 Fax: (907) 2'76-3887 E-mail: resources@akrdc.or~ Website: www. akrdc.orR Material in this publication may be reprinted without permission provided appropriate credit is ~iven. Writer & Editor Carl Portman Executive Committee Officers President John Shively Vice President Mark Hanley Secretary Chuck Greene Treasurer Stephanie Madsen Past President Chuck Johnson Staff Executive Director Tadd Owens Deputy Director Carl Portman Projects/AMEREF Coordinator Jason Brune Finance/Membership 8lille Rae Gillas Resource Review is the official periodic publication of the Resource Development Council (RDC), Alaska's largest privately funded nonprofit economic development organization workin~ to develop Alaska's natural resources in a responsible manner and to create a broad-based, diversified economy while protectin~ and enhancin~ the environment. Pa~e 2 May 200'} Resource Review www. akrdc.orR ALASKA GAS HASN'T BEEN SITTING IDLE Commercializing Alaska's North Slope natural gas has been an elusive goal for nearly thirty years. Today RDC's mem- bership includes companies and local communities evaluating a wide array of different projects designed to bring Alaska's gas to market. An incredible amount of talent and money has been in- vested in trying to identify an economic means of delivering Alaska's gas to consumers. The North Slope producers, vari- ous pipeline companies, Alaska's Native corporations, the State government and local communities have focused on this project for years. The producers and several pipeline companies have each spent several hundred million dollars on pre-feasibility, per- mitting and engineering work. The fact that this collective in- vestment has not resulted in a plan acceptable to the market highlights the magnitude of the project's risks. Alaska's high cost environment and distance to consumers, as well as histor- ically low natural gas prices have combined to keep a project from moving forward. While the public and policy makers have become frustrated by the seeming lack of progress, the good news is the North Slope's gas reserves have not been idle. The gas has been used ihselp extract an additional three billion barrels of crude oil. additional production contributed massive revenue to the State and helped build the Alaska Permanent Fund. Utilizing the gas for enhanced oil recovery means Alaska will benefit twice from the North Slope's natural gas. Industry has invested billions of dollars in gas handling facilities, flowlines and wells on the North Slope. This invest- ment has been a driving force in Alaska's economy and has helped develop Alaska's strong support industry sector- companies that now export their services globally. This type of capital-intensive investment is precisely what we need to grow our private-sector economic base. Only recently have gas prices in the North American mar- ket sustained levels high enough to give hope to a gas pipeline project. In the 1970s and 1980s the producers, with Foothills Pipe Lines Ltd., studied a project that would have cost $4- $4.50/mcf to transport the gas to market. Fortunately, such a project was never built, as gas prices have languished near $2.00/mcf for much of the past tWO decades. The only thing worse than never commercializing our gas reserves would be to build an uneconomic project. Building the wrong project would be disastrous. Not only would it be devastating to investors (whether private, public or both), it would undermine future attempts to bring the gas to market, thereby hurting future generations of Alaskans. It is in the State's best interest, as well as current and future gas owners, to strive to develop the lowest cost transportation system that yields the highest value to Alaskans. The lowest cost system will result in lower tolls and higher netback prices, meaning more revenues to the State. Higher netback prices will have the ancillary benefit of encouraging new exploration and development of fields that would othe~dse be uneconomic. Fortunately there is great interest in Alaska's gas. The three producers have submitted an application under the Stranded Gas Development Act and their application has been accepted by the State. TransCanada Pipelines recently signed a memo- randum of understanding with the State that provides TransCanada will make an application under the Stranded Gas Development Act, and the state will resume processing of TransCanada's long-pending application for a right-of-way lease. In addition, the Fairbanks/Valdez Port Authority has sub- mitted an application, and Enbridge, a Canadian pipeline company, intends to do so. Also, the Alaska Natural Gas Development Authority has indicated an interest in conduct- ing discussions with the State on moving its proposal forward. The State continues to work with all the parties to evaluate commercial structures that would lead to further progress. Alaska will benefit from the ideas and ingenuity of all inter- ested parties ~ excluding any of them now would be a mis- take. Developing our stranded natural gas will be a challenging job to say the least. RDC will continue to work with our members and Alaska's policy makers to educate Alaskans on this important issue. With patience and prudence our elected officials can ensure that investors, whomever they may be, build a high value, low-cost project ~ not a project at any cost. DC As the Legislature moved into its closing weeks of the 2004 session, intense debate took P FI E S S E S place on a fiscal plan. At press time, legislators were considering both a constitutional spend- ing limit and using Permanent Fund earnings J u N E A U for essential public services and dividends. These proposals are consistent with RDC's FO R F [ s c A L long-term position regarding how best to re- solve the state's fiscal gap- enforce budget dis- SOLUTION cipline, use Permanent Fund earnings to support essential public services, and institute a broad-based tax, if necessary, to balance the budget. "Action this session to address our fiscal im- balance will help avoid a financial crisis and ensure a stable economy." RDC Executive Director Tadd Owens told House and Senate members in numerous meetings during the ses- sion. "Doing nothing and waiting until the Constitutional Budget Reserve is exhausted (Continued to page 7) (907) 276-0700 May 2004 Resource Review Pa~e 3 "It isn't true that business [alone] is feathering its nest and others are just acting in the public interests--they're also feathering their own nest," he said. "I think there's no way around it, it's going to be turbulent." These are also turbulent economic times for schools. By directing corporate phil- anthropic dollars and expert- ise to the development of education programs, industry is providing full-service envi- ronmental education curric- ula to K-12 classrooms and many grateful teachers. Alaska's Program In 1982, the Alaska Mineral and Energy Resource Education Fund and the state's education department formed the Alaska Mineral and Energy Education Program. Its mission: "to provide Alaskan teachers and students with the knowledge and skills to make informed and objective decisions relat- ing to minerals, energy, and forest resources." It's also the aim of the organization to help students meet state stan- dards in science, math, geog- raphy, civics, government, language arts, and technol- ogy. Industry members con- tribute most of the funding for the organization's envi- ronmental education materi- als and teacher training pro- grams. The Alaska legisla- ture, until recently, allotted $50,000 per year toward the salary and travel expenses of a liaison from the state's edu- cation department. In 2003, that allocation was axed be- cause of a state budget short- fall (but partially reinstated in the FY '05 budget). Alaska is the only state in the union that has neither a sales tax nor an income tax-- oil revenues generate 80 per- cent of funding for state government. But oil produc- tion dropped from about 2 million barrels a day in the early 1990s to 1 million bar- rels a day today. The state's deep reliance on oil revenue raises the question: How be- holding is it to give industry unhindered access to the state's classrooms--to the hearts and minds of students? Jason Brune, director of AMEREF said emphatically, "We pride ourselves on the Above, AMEREF Director Jason Brune gives an overview of the Trans-Alaska Pipeline crossing of the Tanana River to a group of teachers that use the AMEREF curriculum. At left, students in Minto participate in an AMEREF exercise. objectivity of our materials and training. Even if the pub- lic decides to oppose resource development in certain situa- tions, at least their decisions will be based on facts, not just pure emotion." It's About Strategies And Resources The cornerstone of the AMEREF program is the Alaska Resources Kit, devel- oped in cooperation with the state. The kit contains maps, curriculum modules, video- tapes, charts, specimens, and pamphlets. Although hundreds of Resources Kits are distrib- uted each year to schools across the state, B rune noted that effective teacher training is the real key to the pro- gram's success. "Giving teachers a huge kit of supplies is one thing. Giving them strategies for using that kit effectively is something else." Three curriculum modules were developed in the mid- 1980s: Alaska's Mining History, Alaska's Geology, and Alaska's Minerals and Mining. Since then, three more modules have been added: Ecology/Economy, Energy and the Environment, and Alaska's Forest~. Teachers who re- quest a Resources Kit or take the AMEREF training re- ceive the kit, worth $300, at no cost; AMEREF members pick up the tab. Thus far, the materials have reached nearly 300,000 students. AMEREF program dirt tor Jennifer Coggins has been instrumental in making sure the curriculum addresses cur- rent needs of teachers. "Some of the materials are being revised for the third time," Coggins said. Each re- vision makes the materials adhere more closely to the state's recommendations for assessments, standards, and grade-specific materials. While focused on science, the materials include connections to reading, writing, and math. This integration allows teach- ers to address multiple objec- tives with a single instructional unit. "It's imperative that we focus on state education stan- dards,'' said Jason Brune. "If our curriculum doesn't help prepare students for the math, language arts, and s~ ence tests they must pass as result of the No Child Left Behind legislation, we can't (Continued to page 5) Page '~ May 200'~ Resource Review www.akrdc.org consider ourselves effective." The majority of the state's future resource development proposals will involve rural Alaska, Brune says, so it is es- pecially important that stu- dents in those areas are well informed about the pros and cons of development regard- ing their environment, econ- omy, and culture. "Teachers in rural Alaska are ecstatic when we fly experts in to provide training and materi- als, since this is something they don't typically have access to," he said. Michelle Roller is one of the people Brune relies on to train rural teachers in the use of the materials. Roller visits villages all around Alaska, taking the AMEREF curric- ',la to such remote places as )nalakleet, south of Nome; -duslia and Nulato on the Yukon River; and Dutch Harbor in the Aleutians. Roller involves students and teachers in hands-on lessons. She points out to teachers how specific activi- ties correlate with state stan- dards and how reading, writing, math, and history can be integrated with AMEREF science lessons. She said teachers are often Whit Hicks ofthe Delta Mine Training Center (DMTC) provides a tour for teachers participating in an AMEREF sponsored field trip. DMTC is training local residents seeking employment at Pogo and other mines throughout the stale. surprised that the AMEREF materials aren't biased. "I tell them that we're not inter- ested in teaching kids what to think. We're interested in teaching them to think." One of Roller's most popu- lar lessons for very young students is "mining a cookie." The main concept of this activity is the importance of protecting watersheds and restoring land that has been mined. After distributing choco- late macadamia nut cookies, she coats them with frosting and tops them with sprinkles. She gives each student a pair AMEREF kits are provided free to Alaskan teachers. Kit contents include mineral and rock specimens, videos, CDs, books and standards-based Alaskan-specific curriculum modules on geology, mining, energy, and foreslry. (907) 276-0700 of toothpicks. Their assign- ment: "Mine" the chocolate chips and nuts that represent silver and gold. But, because they are sur- face miners, they must avoid the blue sprinkles that stand for waterways and the green sprinkles that signify pro- tected land. And, she tells her miners, once those chips and nuts have been extracted, they will need to restore the cookie's surface to its original state. Because teachers at small, rural schools are often called on to teach out of their field, it is common for science lessons to be taught by teach- ers with no science back- ground. "The teachers without science training are usually the most happy to see me," Roller said, noting that the number of teachers en- rolling in AMEREF training sessions each year continues to increase. One such teacher is Joy Hamilton, who teaches Athabascan students at the Innoko River School in Shageluk on the Iditarod Trail. The village of Shageluk May 2004 Resource Review has a population of 130 and is accessible only by plane, snowmobile, four-wheeler, or dogsled. "The AMEREF training changed mx-teaching life," Hamilton said. When she first began using the Resources Kit, she antici- pated that it would supple- ment her earth science textbook. However, she has had so much success with the kit that the textbook is now the supplementary material. Because textbooks are too expensive to replace regu- larly, they often become out- dated and irrelevant. Conversel.~ AMEREF mate- rials are constantly revised to provide students with current information about resource development and the envi- ronment. They are also free. "The Resources Kit en- courages kids to be curious about earth science and the rich history of mining here where we live, close to Iditarod, Flat, and Donlin Creeks," Hamilton said. Because the AMEREF mate- rials are integrated, they pro- vide students with extension activities in reading, writing, and math. And because the materials are specific to Alaska, students can relate concepts and issues to their own lives. The AMEREF teacher ad- visory board has been very receptive to making the mate- rials culturally appropriate for Alaska Native students, said Hamilton. "They've been very open to integrating information about Native is- sues, Native corporations, tribal concerns, and tradi- tional stories." AMEREF's web site at www. ameref, org hosts an abundance of information on the program. AMEREF Director Jason Brune can be reached at jbrune@akrdc.org or by calling 907-276-0700. Pa~e 5 "Throughout Alaska's history, major fisheries policy decisions have been made in the complex environment of biological, economic, social, cultural, regulatory and/or political factors, and are almost always made in response to a crisis. Those mostly crisis-driven policy decisions ... often result in disruption to participants - the coastal communities, harvesters and processors who invest in and have a dependency on the fishery resource itself." So begins the recently released McDowell Group (Juneau) study, "Towards a New Model for Alaska Fisheries Policy: Evaluating Interdependence and Long-Term Impacts." Undertaken by the McDowell Group at the request of Waterfront Associates LLC and sponsored by a cross-section of fishing and community interests, the study attempts to identify all of the stakeholders, as well as eco- nomic and biologic impact criteria that should be evaluated in the development of sustainable Alaska fisheries policy. Alaska fisheries policy has evolved from a jobs-driven exclusionary philos- ophy towards a more sustainable, inclu- sive approach; but there have also been severe disruptions along the way, partic- ularly to coastal communities. The study analyzes several unin- tended consequences of past policy efforts including (a) the shift in fishing quota ownership from rural coastal communities to urban communities; (b) how the local loss of high-value or high- volume fisheries often leads to a domino-like collapse of other fisheries and severe disruption to local economies and (c) how previous attempts to maxi- mize jobs have eroded Alaska's compet- itive position in the market, with often severe economic consequences for the entire industry and fisheries-based communities. The study recommends a framework for future Alaska fisheries policy devel- opment; analyzing the impacts on coastal communities, harvesters, proces- sors, the resource itself and the market- place. In addition, the study Employment enhancement Employment displacement Employment loss Municipal revenue impacts Industry infrastructure impacts Species interdependence impacts Ownership of local harvesting and processing assets Scarcity of appropriately-zoned waterfront Economic efficiency of the harvesting function Species interdepe~dence impacts Harvesting asset ownership impacts Distribution of product value Market access Economic efficiency of the processing function Species interdependence impacts Processing asset ownership impacts Distribution of product value Market access Biological impacts Management system impacts Economic utilization impacts Market access and product form Market timing Competitive opportunities Sector interdependence impacts Species interdependence impacts STUDY RECOMMENDATION The McDowell Group study recommends a structure for examinin~ future fisheries policy decisions in ad- vance of implementation. The categories above are recommended for examination of any major policy pro- posal. Each category of impacts should include research and analysis of impacts and unintended impacts. recommends that policy makers also an- alyze the interdependence of each stake- holder group and the unique mix of fisheries in each region. The study comes on the heels of the recently authorized Alaska crab indus- try rationalization program which for the first time analyzed and attempted to address the interdependent interests of harvesters, coastal communities and processors, and at a time when the same debates are taking place from Scotland to Eastern Canada to the Gulf of Alaska. Editor's Note: The McDowell study can be down- loaded by the public at www. sustainablecoasts.c or by contactin~ Steve Minor at Waterfror,.. Associates, LLC at steve@wafro.com. Waterfront Associates is a Ion,-time Alaska seafood industry consultin~ firm specializin~ in coastal issues. Pa~e 6 May 2004 Resource Review www. akrdc.or~ ]After decades of studies, planning and compromises, it is time to move forward with South Denali tourism and recreational development, RDC said in comments to the National Park Service last month. RDC has reviewed and commented on previous South Denali initiatives span- ning the last two decades and has consistently supported improved access to the majes- tic region north of Talkeetna and south of Denali National Park. Due to budget constraints, mixed local support and other challenges, the scope of South Denali infrastructure has been steadily scaled back. Of late, some have proposed ~..reducing it further so virtu- ~y all infrastructure is con- ted to the Parks Highway corridor. The view is stunning[ from the South Denali Implementation Plan Study Area, where improved access and visitor facilities have been proposed. RDC believes limiting de- velopment to the highway corridor would be a mistake. Moving ahead with such a proposal would undermine the long-standing objective of providing Alaskans and visitors with a new destina- tion that could relieve pressure on the front-coun- try of the Denali National Park and in other areas of the state. While RDC believes tourism development should be encouraged, it should move forward with the clear understanding that mining has been a part of the area's past and should continue to be a part of its future. RDC told the Park Service that tourism should occur in such a way as to minimize con- flicts with the rights of cur- rent mining claims and future mineral development in the district. RDC supports improved access, campgrounds, trails, and a nature center on the south side to provide for a variety of visitor experiences and help accommodate future visitor demand in the region. RDC recommended the Park Service focus its efforts on the Petersville Road corridor and an overlook at Long Point which has a command- ing view of Mt. McKinley. The South Denali project is needed in a state where most conservation units are remote and difficult for the general public to access. Only four of Alaska's 15 national parks have any road access and Denali itself has only several hundred camp sites in an area larger than the state of Massachusetts. RDC URGES LEGISLATURE To FIND FISCAL SOLUTION TH~S SESSION (Continued from pa~e 3) would severely limit the state's options and increase the prospects of severe budget cuts or excessive taxes," Owens said. In an Action Alert, RDC encouraged its members to send emails to Juneau encouraging the legislature to resolve Alaska's fiscal gap this session. RDC supports the percent of market value (POMV) as a management tool for the Permanent Fund and has endorsed use of some earnings from the Permanent Fund for essential state services. The POM¥ proposal is a good step toward fiscal certainty and is better than doing nothing. Creating a more predictable and steady source of income will facilitate better financial planning by state and local governments. Moreover, a stable fiscal regime would build business confidence and encourage new investment in Alaska. Polls show 93 percent of Alaskans support a resolution this year to the state's chronic fiscal shortfalls. Anchorage resi- tnts voted by a 2-1 margin in April for a resolution this year. /RDC encourages its members to contact their senator and representative to let them know the time is now to rectify the fiscal situation to avoid a crisis that would otherwise require massive budget cuts and/or new significant taxes. O9( ,2r' cz WWW.AKRDC.ORG · RDC Technical Comments On Essential Fish Habitat www. a krdc.or:~/a lerts/efhdeiscornrnents.htrnl · Alaska Coal Classic Golf Tournament Benefitin:~ AMEREE June 9th, Anchorage Golf Course, 7 a.m. www. ameref, or:~ · RDC Annual Meetin~ Featurin~ EPA Administrator Mike Leavitt, June 10th, Sheraton Anchorage, Noon www. akrdc.or~/membership/events/annualmeeti n:~/200~/ · Recent RDC Action Alerts www. a krdc.or~/a lerts/ · RDC Past Events And Breakfast Meetin:~ Presentations www. akrdc.or~/membership/events/ · RDC Newsletter Archive www. a krdc.or~/newsletters/ (907) 276-0700 May 200'~ Resource Review Pa~e 7 TRANS-ALASKA P! PELI N E RECONFI Recent approval from the owners of the Trans-Alaska Pipeline to upgrade the sys- tem's pump stations is the single biggest investment in the 800-mile pipeline since its construCtion, according to Alyeska Pipeline Service Company officials. The $250 million upgrade, known as pipeline reconfigu- ration, represents a giant technological leap that will enhance safety, operational integrity and environmental performance. The project in- cludes the installation of electrically-driven pumps at four pump stations, as well as upgrading and automating control systems. The goal of the project is to extend the economic life of the pipeline through in- creased efficiencies, while maintaining safety and envi- ronmental performance stan- dards. The project will position the pipeline well into the future with new sys- tems that are used all over the world and proven in the pipeline industry. Alyeska's use of modern technology and automation will allow the company to maintain current pipeline re- liability at a lower cost. It is estimated the project could reduce the cost of operating the pipeline by approxi- mately 10 percent annually and eliminate maintenance costs for equipment and facilities that will no longer be required. A more cost efficient GURATION Commissionin~ and startup of the new pump stations, shown in inset, is expected in 2005. transportation system will better position Alaska to compete for investment capi- tal in a highly competitive global oil market. Long- term, the reduction in trans- portation costs could create opportunities by improving the economics of current and future oil development on the North Slope. Pump Stations 1, 3, 4, and 9 will be reconfigured and controlled and operated re- motely. The newly manufac- tured pump station units will be modular and scalable to more easily accommodate changes in pipeline through- put. The new configuration will be capable of supporting current and projected oil flow rates and can be modi- fied within two years to ac- commodate significant increases in throughput- well in advance of any signif- icant new field development. Alyeska said the project will enhance maintenance and oil spill response effec- tiveness by establishing maintenance and spill re- sponse centers and field offices. Some will be located near pump stations and others will be in pipeline corridor communities. Alyeska will pre-position oil spill response equipment at critical points along the pipeline. Currently it has some 220 strategically lo- cated containment areas that would mitigate damage by keeping spilled oil behind berms or in natural features such as gullies or basins. Pipeline reconfiguration is expected to reduce air emis- sions by two-thirds, elimi- nate pump station fuel hauling and storage risks and reduce the impact of day-to- day operations, such as noise and waste water handling. The next step in the project will be conducting detailed engineering and ordering long-lead materials. Alyeska is owned by BP Pipelines Alaska, Conoco- Phillips Transportatic Alaska, ExxonMobil Pipe line Company, Koch Alaska Pipeline and Unocal Pipelines. Pa~e 8 May 200'~ Resource Review www. akrdc.or~ Listin:~ of the Yellow-billed loon under the Endan:~ered Species Act may result in additional areas of NPR-A (at ri:~ht) bein~ put off-limits to oil and :~as development, in- cludin:~ some of the hi:~hest prospective lands. The loon (pictured below) does not appear to be impacted by' industry activity in the area. · . · .. ENDANGERED LISTING SOUGHT FOR YELLOW-BILLED LOON In a move seen as yet to leasing, 'EXplorati°n another attempt to close broad areas of the National Petroleum Reserve-Alaska' (NPR-A) to oil and gas development, a coalition of environmental groups have effOrts are cUrrently under- . waY in the northeast section of the oil reserve, where an earlier decision was also challenged. BLM has conducted a petitioned the U.S. Fish and._ thorough review leading up Wildlife Service (USFWS)to tO its decisions to open the list the yellow-billed loon' reserve to. exploration. under '~,the .'.federal Sensitive habitat areas have Endangered Species Act' been put off-limits for ten .~?--:=.~:' 5~: ':' ?!i:~However,' e~ironmental- ~Sts wOuld like to see perma- n~nt" Wilderness 'protection "6~"" c°astal:": areas" 'of the reserve, as well as other areas. These same areas hold the highest pOtential for oil and gas development. The ESA gives the govern- ment 30 days to acknowl- edge receipt of the petition, and 90 days after that to decide Whether there is merit (ESA). -"..~:~.i.)il...,-,:d-iTiiiii'-iiiSi!i'.-'...':Years pendingfurther studies enough to continue the The groups say the pti- and extensive measures have review. The government has mary breeding grOUnds" in:' been"°Utlined tO prese'~e 6ne' year ..... £rom the date it the U.S. for the loon are" habitat' and protect the r~Ceived the petition to make located inside NPR-~A~.They environment. Permanent ~"final decision o£ Whether to contend the Bureau' of Land_. surface structures are pro- management's (BLM)plan hibited along coastal areas, to 'open 'the reserve to'-°il deep-water lakes and'rivers. North. Slope to be having a negauve impact. ~'-~ Although USFWS counts _ . from aerial surveys"con- · ducted across the entire Arctic Coastal Plain have varied, annually,, longTterm population trends have been 'Slightly p°sitive' brood counts on the. Colville River Delta in"2003 ..... fiVe' years after th~,.. Alpine :'0il~ field was develoPed the highest since~ 'surVeYs Were 'conductid .... ,{:here..-':..in'~ 1983. :, Nest counts in leasing Would result in destruction of habitat and threaten the specieSl ""'::::;:!."i',i?',(:!"than a half million acres each , The petition follows a re- for' Waterfowl and caribou. It . cent lawsuit filed by seven also reserves habitat for the environmental groups over a study of eiders and sets re- B LM decision to 'open the strictions to minimize loss of northwest section of NPR-A foraging habitat for raptors. .................... ...... ....... . ...... ~,:~:.~ · );: ' ..:.,.-~ · ~ L;.. ~ (907) 276-0700 list the species and deSignate portiOn of NPR, A c~tical habitat.' ' i.~";:-~.:. ~-..:::' ..:.~Wise high in 2003, ,alth0Ugh~ '~ii.The Yellow,billed loon "i'S-:"'surVeys have The BLM plan designates Considered a low-popUlation special study areas of more ..species, but its numbers do not .appear to be in Signifi- cant decline, accOrding to government surveys. Listing the species may have little beneficial impact on its pop- ulation since activities on the May 200~ Resource Review ducted Since 2001'i .... :':! "~: ?ii ;: ::"-::~:~! . Yellow-billed loons nested~ in'the Alpine a~i':'"b'e:f°re' ks '"' construction, and~ the num- ~ ber nesting there dUring. construction and' operation of that oil field has not declined. -, . Pa~e 9 Pooo MINE THE FAILURE OF PROCESS About five years ago when I was still commissioner of the Department of Natural Resources, Karl Hanneman, the proj- ect manger for Teck-Cominco's Pogo prospect, attempted to fly me to their exploration camp. Unfortunately weather con- ditions prevented us from reaching the site, but Mr. Hanneman was able to give me a comprehensive briefing on the prospect, including some of the challenges they might face in permitting the project. He discussed their approach to working with citizens and interest groups in Delta and Fairbanks. Teck-Cominco's approach seemed reasonable to me. I have followed the progress of the project from a distance since that time and was pleased when it was announced all the permits for the project had been issued and construction was under- way. I considered the announcement to be a positive step for the state's struggling economy and a credit to the way Mr. Hanneman and Teck-Cominco have worked through a per- mitting process which took four years. All of that good work may have been for naught. As many Alaskans now know, Teck-Cominco had to shut down the project because of a last minute appeal by the Northern Alaska Environmental Center (NAEC) to the Environmental Protection Agency (EPA) against issuance of the mine's wastewater permit. Without this per- mit the mine cannot operate, nor can the construction camp, because of its there will be no unregulated activity on the site and no adverse impacts to surrounding waterways. According to Ed Fogels, lead person at the Department of Natural Resources for the project, there is no viable alterna- tive to meet the demands of NAEC. He stated in a recent col- umn in the Fairbanks Daily News Miner that the four-year permitting process for Pogo was the most extensive he has been involved with, and that the mine would meet the highest environmental standards. NAEC seemed surprised that its appeal caused construction to be shut down. However, the final terms and conditions of the permit are essential to determining project design and eco- nomics. Perhaps NAEC is completely ignorant of the eco- nomics of a project of this magnitude. The other option is that NAEC is misrepresenting the truth because it doesn't want to take responsibility for its actions. But why should NAEC take responsibility? Unfortunately, the permitting process allows them to proceed with no risk to themselves and places all the risk on Teck-Cominco, who would be foolhardy at best and in violation of its fiduciary, responsibility at worst to proceed when a major p~' mit is held up and whose condition. could be in limbo for years. I suspect that the decision may also have been influenced by a "citizen" lawsuit brought against Teck-Cominco need to discharge wastewater. NAEC One-hundred Alaskans ~ather outside the Fairbanks head- concerning the Red Dog Mine by a San is one of the groups that Teck- quarters of the Northern Alaska Environmental Center to Francisco-based environmental group. Cominco has worked with as part of its protest the shutdown of the Po$o Mine project. That suit demands $63 million in fines inclusive approach to the public process. Not only are 300 people being laid off, but another 200 workers required for construction will most likely not be going to work any time soon. Unless the NAEC, EPA, and Teck-Cominco can negotiate a resolution in the short run, the appeal itself could take a year or more. After the appeal process, there is the risk of litigation that could go on for years. As I understand the appeal, NAEC wants to require the mine treat its wastewater BEFORE it is treated. This dispute is based on the EPA approved plan for the mine to have waste- water placed in a holding pond before it enters the treatment plant. The plan requires all wastewater to be treated prior to discharge which must meet stringent EPA and state clean water standards. NAEC is claiming the holding pond is part of "the waters of the United States" and therefore cannot receive untreated water. The group claims seepage could impact surrounding waters. The EPA determined in its thorough review of the project that the treatment system, including the pond, is prop- erly designed to capture seepage and runoff. The plan ensures be paid to the government and legal fees and costs be paid to the environmental group. What is wrong here is the balance of risk. There is none. A process which extended four years and resulted in numerous government agencies issuing a plethora of permits should not be derailed at the last minute by groups whose only goal seems to be to oppose any form of resource development. NAEC's claim of supporting the mine is a hollow public relations placebo possibly designed to camouflage its ultimate ambition of making the project uneconomic. It is way past time to place some risk on those organizations that use the processes of government to negatively impact the economics of a resource development project. After all, delay itself is a tool that can easily drive the economics of prospects in the wrong direction. It is time for government to insist that those organizations that extend the process through drawn out appeals take som~ responsibility for their actions. The way to accomplish t~ feat is to require the organization to post a bond to reimburse the project, if the appeal fails. It is an idea that our legislature and congressional delegation should pursue. It won't help the Pogo Mine, but it may save other projects in the future. Pa~e lO May 200'-i Resource Review www. akrdc.or~ George Schmidt sold many winnin~ tickets at RDC and AMEREF raffles. RDC WILL Miss BOARD MEMBER GEORGE SCHMIDT RDC board member George Schmidt died March 31 at Providence Extended re Center in Anchorage. eorge was a great father, a dedicated scholar, a caring humanitarian and a true gen- tleman. He focused his efforts on others and valued friendship above all things. "Among his many contri- butions to Alaska was his tireless support for balanced education about mining in Alaska through the AMEREF program," said Lt. Governor Loren Leman, a longtime friend and West Anchorage neighbor of George. George was born at the E1 Rosario Mine in Honduras where his father worked as a mining engineer. In 1943, George joined the U.S. Army and served in Europe until the end of World War II. He married in 1947 and moved to Alaska in 1948 to work for ~e Civil Aeronautics ,dministration, now known as the Federal Aviation Administration. George continued his edu- (907) 276-0700 cation and graduated from the School of Mines at the University of Alaska Fairbanks in 1952 with a bachelors of science in min- ing engineering. He worked in Nome for the F.E. Company and the Bureau of Land Management in Anchorage before returning to school where he earned a graduate degree in mining en- gineering. He later retired from the BLM in 1985, but pursued his interests with the Alaska Miners Association, RDC and other organizations. He especially enjoyed teaching gold panning to novice prospectors at the Alaska State Fair and was the all- time champion of raffle ticket sales for AMEREE ENVIRONMENTAL GROUPS LITIGATE TONGASS TIMBER SALES A new lawsuit has been added to the growing basket of timber sales under litiga- tion in the Tongass National Forest, bringing the total vol- ume of timber in jeopardy to 266 million board feet. The latest suit targets the Woodpecker timber sale near Petersburg where the Forest Service is preparing 16.3 mil- lion board feet of timber for sale. "This leaves less than 50 million board feet of eco- nomic timber under con- tract," said Owen Graham, Executive Director of the Alaska Forest Association. "That is only enough timber for the three remaining small family-operated sawmills to run a single shift for part of this year," said Graham. Higher lumber prices are a driving factor in the sawmills desire to purchase sufficient timber to operate two shifts. If enough timber is made available, the Ketchikan veneer plant could reopen, using 33 million board feet annually. Environmental groups rou- tinely litigate timber sales across the Tongass and have recently launched campaigns to discourage potential tim- ber manufacturers from log- ging on the national forest. In the 1980s, environmen- tal groups fought large-scale logging in the Tongass, but said they would not oppose annual harvests to supply a small regional forest products industry emphasizing value- added processing. Despite the closure of more than 85 percent of old-growth timber to logging over the past decade, a seemingly-endless litany of litigation continues to target timber sales critical to the survival of the few re- maining small sawmills in the region. KETCHIKAN VENEER PLANT TARGET OF CAMPAIGN Environmental groups have organized a telephone campaign aimed at keeping an Oregon forest products company from reopening the shuttered veneer mill in Ketchikan. Timber Products Com- pany of Springfield, Oregon has received scores of tele- phone calls from members of environmental groups urging the company to stay out of Alaska, especially the Tongass National Forest. Timber for the mill would come out of the Tongass, as well as from private and state-owned lands. Ironicall~ the mill would use only smaller diameter logs from the forest, not the larger old-growth timber at the center of logging debates. Moreover, much of the tim- ber would come from sec- ond-growth stands along existing roads - trees envi- ronmentalists have advocated cutting while arguing against logging in roadless old- growth areas. RDC has written the com- pany welcoming it to Alaska and pledging to support its efforts to responsibly de- velop timber resources from the six percent of the Tongass that remains open to timber harvesting. EPA ADMINISTRATOR MIKE LEAVITT TO ADDRESS R DC EPA Administrator Mike Leavitt will be the keynote speaker at RDC's 29th Annual Meeting Luncheon Thursday, June 10th at the Sheraton Anchorage Hotel. Doors will open at 11:30 and the program will begin at noon. The luncheon has sold out four years in a row. For addi- tional information, call RDC at 276-0700 or go online at www. akrdc.org. May 2004 Resource Review Pa~e 11 Steel pipe to petroleum, containers to oversized excavators, next time your business is faced with a unique transportation challenge, bring it on--we can rake ir. No company in the Last Frontier moves big loads over the long haul better than the Alaska Railroad. In 2003, ARRC safely and e£ficienrly sent 8,500,000 tons of coal, gravel, fuel, and equipment down the 500-mile line rhar links Seward ro Fairbanks. That's no small fear. The Alaska Railroad Corporation. Going strong since 1923. In Anchorage (907) 265-2300 · 1-800-321-6518 · P.O. Box 107500, Anchorage, AK 99510 · www. AlaskaRailroad. com ADDRESS SERVICE REQUESTED Growing Alaska Through Responsible Resource Development 121 W. Fireweed, Suite 250, Anchoraffe, AK 99503 ***************************** 99611 MAYOR JOHN WILLIAMS OFFICE OF THE MAYOR GIT'( OF K ENAi 210 Fi DALGO AVE STE 200 KENAI AK 9g~61!-77~ PRSRT STD U.S. Postaffe PAID Anchoraffe, AK Permit No. 377 Alaska Coal Association , · 12th Annual Coal Classic Golf Tournament Wednesday, June 9, 2004 at Anchorage Golf Course- O'Malley Registration begins at 6:00 a.m., Shotgun Start at 7'00 a.m. Proceeds benefit AMEREF The Alaska Mineral & Energy Resource Education Fund AMEREF is an industry-state partnership whose mission is to provide Alaskan students with the knowledge and skills to make informed and objective decisions relating to mineral, energy, and forest resources. AMEREF is a 501 (c)(3) non-profit corporation (tax ID number 92-0117527) Great Prizes and Barbecue Lunch Included Corporate Team (four players) $600 Individual $150 Breakfast Sponsor $350 Lunch Sponsor $500 Beverage Cart Sponsor $350 Hole Sponsor $200 Prize Donor/Goodie Bag Item ,, Corporate Team Name Contact person Address Phone Email (List Prize/Goodie Bag Item) Registration deadline is Wednesday, June 2, 2004 Return this form with your check payable to AMEREF 121 W. Fireweed Lane, Suite 250 Anchorage, AK 99503 Fax (907) 276-3887 jbrune@akrdc.org 0 CL 0 E 00~ ~D 0 ~- ~- ~- 0 ~ 0 0 '0 0 ~ 0 0 0 0 0 0 0 O~ 0 :- LI. 0 0 CZ) o BJ's LoUnge '~ HObo · ~ .... ~,g.:,. . ~ ".;*-~ ~;~- ~-:';~.~ ::Bird H~3'~rr~estead OOl! ~.:-.::..~; .-- ~. ~Fl/ ..... - ionalTouri. ~'*the' .,...~ ..:.~ . ..._ ;~. _.. - ~:,,.,~.__,~.~,. -?.. ;,. --.,<~c.' flavors from extu'bitors ~i~d the state. :Th.e.,jiihow~.~. willfea~:~~ ShoW:~ffers;'disp. layi and'pro'~'..._n.,~~er;'Pa~,;'dimct~~..~~.....~; mo"ti6"nal'm'i~, from ~h :V~dor, door prizes,: ~ int~...sted ~- .f~ew.~.~.~.~ ':'""":- 'i' 'muChmore~.-'' :'':~~--.:;.::'.::,~~~;::~iii --~-~6-~)~dina~or. nE90~;~..~l'4 or:.emai~:': . ' ...... - .' ~' ~'~::2 .... -~ ..... ;-'-':'-;..-i_..-~-~~;-;.,:'~i- $OM~ ? ':MfbA~ us o Z O'o; 600 $Old6t~a, rsmatr theY" h~nded. . . . . .... out' .... 45"'member;' ~¥''''brochures'~ vol~i~'~t'nnk' ......... a'dVantaEe ot'~ our neW' vro- ~;., .,-;~_'~4!all'::.~ ,.. oif . ::.'ou~.,. 'matertals_.,. . . .. to~.;.the"~ ,. ,amto 'take bniahures up for $20 We ,: '"?Fairbanks shoW-free of iiltitrgg~.. 'N~-lo~ L~en. would like'to thank all. 6f those who~partici- We.also appreciate ~4sp~ Ho?~Is for disco%nti g' ,.,.. .,.,,~ . . - ;: .... :-.:.. , ,.- -~...-;.-,-_~ : .... pated, '-and a' special thanks to everyone who do- our rooms both tn Anchorage a~Fatrbanlcsz':...~at' ' .... - It was a -we Aave! .,~.. ._ Kelly i~eating-Greibel Freedom Realty ' ..262,1770:..--;.: .... · :': Mike Frost lstNational Bank Alaska . -<,._~ Ken.. Lancaster - · ~i i :':'~- "::. Marnie Nelson : . _'£1t~.Naska Legends Adventure "".. ~ :'~t~-9328 >.'-. ~.. ~- . .-~- . ~. ~.- ,,~-,-,,'_,!R~',-:.-~: ':::- City Coundl Seat J-.'-~?~252-5622 . United Rentals. _ · · s01dotna Chamber' .~! :. '"'i~':of~Commerce: .. .'~:Phone 262,9814. ~ :'"' ' · ~- Executive Director :' ....- Mlchelle Glaves :'";~/I sit'~;:~-n~'e~r Coordinator Hamrick M' -Ap tch Seave¥ Day - ri i 2'4,..200 , President II On Saturday, April 24th at the_..___ ....~ --~. ~'" munity ambaSsadOr.. Thank--Y0:U 'Tim Po.e IISoldotna Sports Center, the ~" '~ ~~ ~ ~ Merrill. We would also'like to · ~:~'~8n44A~)r ![ crowd was excited watching it ~ ~~ _,~ ~ thank Hobo Jim--for his surprise '"""~'~ IIthe video of the finish to the ~ ~ !~ ~ ~ ~ song and strings of the ' -od Past President il2004 Iditamd, even though we ~ ~ ~~ ~ ~ ~1 song. A big thank you '., or Barbara Eicon II all knew the outcome. [ ~ ~~J I~ ~ ~ Dale Bagley, Mayor Bag~=, pre-- W2e61~s=a3rg5° !1'' Being in the company of~ ~ ~~/I ~ sentedthepmclamationtoMitch _ ;~-"".~" II ' several great peninsula ] ~ ~~.i i '~ ~ Seavy creating and honodn~~Mr. Bob Bambace !1-: Iditamd mushers, including the~ ~ ~~ ~ ~ ~ Seavey for his.' grand 'accom- Great Bear Ford !12004 Iditarod winner, was very ~ ~~ ~ S ~ plishmenL Ai~pecial ~..ks. to. 262-5491 .-·. ll':~humbling.'.. Honoring Mitch ~l ~j~ ~ ~ everyonethattumedouttohon°r . NormBlakeley i l :;_ Seavy was very easy. W~three ~ ~J~ I-I~ ~ Mr. Seavey;:i:~ld~i~!iketo Alaska Trading and Loan ~..~ [[ ._:. generations of Seaveys in the ~ ~~ ~ ~ I thank the Soldotna ~..~' Carl-: ': 262~6100 . ...... ..:~'~?t~mOm,'~c~' kn0W'that mushing' ~ M~.~-,'-'~ ..... __ :, tar ana thin'ii ~old~'f0i: .... ' Sammie Cole ' i':':"~i'.' :~ II.~is truly a fam,lY venture. Mitch ..... ;:;:~.~ .~)~,.::~.,..W.a~' e.;/,,, "their Southcentml Title Agency Ii ~;'Seavey'gave credit to all, from .... i'-g,,z~J ~'~P'~"/'~- ~ ...... -- .262~,494 LE'~ihis father sharing his boyhood ........ '""- " ' E..~.~ ~.~~_~~..-~ ........ >~-.--~ .~:1 ,m:"t6::Crediting his-sons ' :: .Peni~sula clarion'- ..... '-~~their=-~{~:Fe~ic-~'~'Cor~plishments i:n-~t~ha~e --:. was .',~..:,.-:~..283;7551' ".'~~r ~:~;~:i '~i~'i~e for k~e-Ping everyone .... 'bie'~:~c~ompi'6~~l~l~6~t'~l~l'~e~ll ': Pa-bi Gray ~ ;~ ~ ~~i """ n ht direction.- ......... i~1 e'~ i i J~"~fire ie'.~.~~- Alaska .r - Exploring w/Paul Gray - - 262,9008 ' ' '..'-::!~. .... · ...... -'-,:.-~ .... .- ~ ~er Service Manager · .~L ?:Edca Willlamson" . . '....:..,..'". .. ,.~..,....~.~ '= · ::i~00kkeeper" ':::-?~!Nita, Fena - ': ::~ :' River City Pull Tabs -: ::~.~260-6100 - ~~a.nager .... .Rebecca Hanson ' - '".. S r"h '."' _ · Brandi Montigue -' $OLDOTNA Mercier,. School Ghorm!~~ S,_e ni0r,.Sc~id0tna School lanorschke, 8th Grade, SOId0tna Middle School ?! Th-eSoldotnaCl~mber of. Commerce presented Our Aprll:S,!Udents of. .~Montli.with a certificate and meal at the-April 27.Cham~lun~~:,'We... ':-WOuld like't0 thank Bob $izemore for s1~i~6~i .r~g"~'$ofd0~ri~' Chamb~'0f : ~.-s. ~,,'.,.~...?~.;,~ ...... _- ... . . ,_--..,-.~ .,.~ ....... ~.~--,--~. - .. ~,t~'-~..~..~-- .-:-,.~.~"~:~ .'~.~-.~:- ,~,.'~*--.~'- ~, .:. ~.',.-.~~ ...._?.~_ ,.:'14 FT;' MOVING_yAN;~,~ -on & E]eclmnic Gate.With CodedA-cC.S-. 7..''126 1; ~,. Access .~MII~I~.S K-Beec:h Rd;"SOldotm Real 'E-state-Mar et A alZsts.. I call at-~lO or.. 262..1770. x 225 .. ZIP:' PHONE #' ,~,~_ ~... , ,,~.. ~'-..-..- ,.. /&rk.,-.-.;.~- -~.~ .... . ... ,, .? ,- ........ .,.:.-~.. · i70 N. Bimb, Suit~ 102 ' ':"T:;~:~ "WILD' " Bound' · . . Friday, April 30 is the fifth annual gala toff~ou can't celebrate art by Alaskans, called Wild Alaska: make it to the. Bounty of the Sea, hosted by. the Kenai Con-oPenhag gala' ' venfion and Visitors Bureau and many eor- visit the Kenai porate sponsors. There'll be 75 artists', sorks Visitors and ..displayed, seafood, door PriZes, and'' Cultu~Cen- ': _ ~':~e Communi~ cie'an-up is'av~nteer .... o~" muni~'clean~up organized and..coordinated ..;.. - lo~ m Ffi~, ~ffi 30 fo~.5 m 9 p~at b~t 0fi~ s~ ~e ~?k by'~ ~. i · :::.~muoh ,o,, Uon's Clubs and Con, Phillips.. ::~.Pa~cipants '~11' be 'a~ked to ~ile~' ~eir bags ...:;.1~1 ama droP 0ff ~~inem. :.~.EN ~.me'and ~ b~em for a' ~e'Bav B~~' and m~sh '"~ " ~" ~' '~ ' Soldo~a: Soldo~a Creek Pa~; N,k,s~: May ~m .~e 4~'annual Kenai Peninsula Air Fa,r. bm~fast, and baroque.: ~or:r~mtrau~n at.the Hockey Rink/Pool. Pii:k-up begins at .'& Fun Flight is scheduled for Saturday, May forms, . rules and otherJnformati0n refer.:3o 9:00a.m. and ends at 2:00p.m, ~'¥.:-~-~::~:-'r,--~.';-;'~'''' ':'222Fun Flight registration and Breakfast will www. KenaiAirport. c0~. or ~11283-7951, exL .-..:.Cash Prizes for the most litter bags collected be'held in the Samaritan Purse Hangar at - 2~°r www:ci.Soldotna~k.us or call 262.467.2. ·-'::-.ir~each community, .!st.' place winners will be .the_:Soldotna Airport from 8a.m.: to :.11a.m.--: '~i'~'~/AII;aircratt are weic~m6 .for ,static displays f"a~'arded $300, 2nd place Wingem $200, and . Registration is $20 before May 22~and _. $25 '-' fi[J~(~th the Kenai ari~i.Soldotna~ .::~3rd'Place'-winnem $10.0~.!n-both A~..u_w~rganiza- on:May' ~,~.!:' Fu'n FIi{jht parfi~P~h~s" ~ll' fly-j~:~.d~o~.v6i~d.0m .:~;~i~lions and Youth G~uP~ Cat. egories,.prize:money . (,either wfie~ls Or float ~'ircmff) to at least rnte: .also i"~wel..c~ome -://~b~ on"{h.e,, a~i06:nt~6f b~g~., .c0!lected. and ..re:_. participating .airPort,'0'h' he ~n!n'sula andf_'.ii~'b~t.~::i.~::! ~Cation '::~~ t0'C~]ieCtion ~ilers... Bii~$~ll be counted then tutum to the Kenai'Ai~j~0per~ti0ns~''~ '~.i6ase call'the nurn- ~~~~. 'xLl0ns.Club m~b~.~~rm~!~!.st: ~d-~..-'Facility for a barbeCue'and Fan"Flight prize '.i be?s.~'aboVe ..~ ~13rd':~ia~C~'~?-~~~~?l~esentation :fr0m 1-P',m. t0.~3~j:~n;- All" Fun ~:.'~iV~ table spaCeby ~:]i~..i'. '~... .~i..i~~0y~'"~-~d"~'~fl~-bi~/-cl6~-e~rtifi ~cate Wii! .be '-Flight participants r~C~ive a' ~:~6nir t-Shirt, ':"'M~y'lsL.: :, ~~.tur~'~n ba.g~t0:'r~J~ei've"~ fiCkeLF~r'm'~Sre [nfo -- :~~,.aob Frates iat~283-3692L' .i-~~s ~m 16cai HighWays "'~from MaY 19-MAY 15: Bags ~-r~? ~n 6w' ava ila b I e at-~the :.5~S:bid0~a an~ ::~m 0f~:Commerce-''' [IIINSgLA iTliT IOii PII)I[-gP $1)IIEDgLE: ONDAY: .enai' entnsu .. REGIONAL' TOURISM CONFERENCE:AND 21St: "7'he Power , i ~ 'gESDAY: "'.r~. Will' leave -~f ::'~.,ion ~ ' .......... ~n-~ Saturday, Packa Kenai PeninsulM ' " ;Ceremony and Auction R°a(tt°Nei~~e~.. B 'eaver~P .- Sunday, May 23rd' Cooper Landing "The GEM of the Kenai Peninsula" ...... ,Roadto ' · ................. ':!;-:~C.~¢I] &,BridgeAceess' .- ~~~..:..,~~:.~L~:i -' Complimentary Tours ar~l~ti~ties, 'Cooper Landing Ctiamber · :~i~ ?,, n. e n ~¥ = -. :::..::..::..~': .~ ...... ;._.. ~. :-:~...:::-:.!':.~:.. :,~: : space is iimrmd, ~ register call ~ Kenai Peninsula Tourmm Marketing Councd 262~._2~.. ': ~~:~atcr K:enai Ar~a (S~ Road to La.ac I:?rivc). ..................... .~: ~ ......... ~ ............. -~-~' ' ~'~ ~'~ .,:,::'.'.."~:~..: ~;._;' ~ --.~-~' '~:'~" "%'~;~.'~:~:.:~~! .'"~ ...... .~:,¥:?..::~.~' :-..~ ,~. "." -'.~.2.~;:~ ~'*,"::':7 ....... : :'.::~::': -?--, -~ '~;:~7~~ ~' "'~ -- t ....... .~ ~., "'"-?.~- ' .. , -AK'~. gg66g~;' City of Kenai ~ Mayor John'Williams 210 Fidalgo Ave. Kenai, AK 99611 99669 WORKING TOGETHER WE CAN HELP HOMELESS FAMILIES When you think of being homeless, what comes to mind? Not everyone who is homeless living on city streets or remote locations chooses to be there. Most are single adults or families that have encountered hard times or a trend of bad luck. Interfaith Hospitality Network, a division of Family Promise, is a community response for homeless families with children. Congregations are encouraged to work together, emphasizing human compassion. The program strives to give the families a place they can call their home, with telephone contact, while they are working to get themselves permanent housing & jobs. A principal objective is to get children off the streets. Children do not choose homelessness! Interfaith Hospitality Network sets up & supports networks wherever there are willing congregations. A sample network might cam for a maximum of 13 people, usually made up of 3 to 5 families or single persons. Each congregation is asked to provide shelter & food for this group for a week, Sunday to Sunday. If 13 congregations participate, it works out at once per quarter for each participating congregation. The guests leave the church each morning for the day center, returning for the night around 5.30 pm. Overnight, volunteers are required to set up & take down, provide food, eat with the families & stay overnight with them. If you are interested in becoming involved with addressing the homeless issues facing your neighbors on the Kenai Peninsula, we invite you to come to our planning meetings and actively participate in the development of a shelter program that is greatly needed on our Peninsula. Our next meeting is Monday, May lOth, at 6 pm at Bridges Community Resource Network. Kent Coarsey, a national associate from Family Promise, will be them to answer questions and give direction on how we can implement a program similar to this, in our community. If you would like to meet with Mr. Coamey one on one to find out how your congregation or civic organization can participate in this hands-on ministry, we are also setting up appointments between 8'00 am and 5 pm on Monday, May 10th, and Tuesday, May 1 l th. If you would like more information on Kenai Interfaith Shelter Services, please contact us at Bridges, 260-3800 or check the National Interfaith Hospitality Newtwork website at www. nihn.org TABLE OF CONTENTS ? - Blood Bank, Kenai Historical Society, Soldotna Historical Satiety, Totem Tracers 3 - Cottonwood Health Center, Aspen Dental Center, Community Clean Up, First Aid Class, AARP 4-- Early Intervention, Parent Support Program, PFLAG, Head Start, FASD Presenter Training 5--- Family Work Group, Alaska Arts Education, Dena'ina Language Program, After the Bell, Children's Arts Institute, Parents Anonymous 6-- Food Bank May Events, Food Bank Wish Ust, Hospice Community Loan Closet 7-- Overeaters Anonymous, Wild Alaska: Bounty of the :Sea, WRCC Wish List, Hospice Support Groups, Dab's 5harts, KPCC The Showcase of the Arts 8 & 9~ May calendar, AA, NA - Contact the editor~Take A Break--First Friday Dialogue 10 ~ WR£¢ Community Awareness Workshop, £entral Penin. Air Fair, Renaissance Festival 11 - Outdoor £1ub, Kenai Writers Group, Kenai Community Gardens, Caring Hands Services 12 - Annual Calendar~15 YOUR EVENT ON THE CALENDAR7 15 THE DATE CORRECT7 13~$ong & Celebration, 1st Thursday Bluegrass Jam, Relay for Life, £PGH Auxiliary 14~Board Members, Mission Statement, Member News, Web Site, THANK5 15~ Upcoming Events, Membership Application "bon't cry because it's ovee. Smile because it happened." . Ted Geisel (Dr. Seuss) -*".'BRIDGES 5/04---Page 2 '* Kenai Peninsula Center--Biazy Mall 44539 Sterling Hwy, Suite 212, Soldotna (907) 260-5672 Appointment Preferred www. blood bankofalaska, erg Monday - Wednesday 9 am -4 pm Thumday 11 am - 6 pm Friday & Saturday 10 am - 5 pm The Kenai Historical Association Donate Blood. help keep Alaskans healthyt =- Saturday 8th Off-site blood drive at Glacier Pontiac, Buick, co - =-' GMC 11-5 pm ~ Friday 14th -'Couples Day' at the center. Bdng a friend, a ~ co-worker, a family member or your spouse. The Kenai Peninsula ~ Center is open 10 am-5 Pm on Friday.  15th at the center Saturday 'Singles Day' "'"" Saturday 15th- Off-site blood drive at the Food & Beverage Show ~ at the Soldotna Sports Center from 11 am--5 pm co Sunday 16th - Off-site blood drive at the Food & Beverage Show ~ at the Soldotna Sports Center from 12 N -4 pm ~ Tuesday 18th- Monthly Kenai blood ddve at the CPGH Kenai ~ Physical Medicine office on Willow Street in Kenai from 12-5:30 pm ~ Wednesday 19th - Off-site blood drive at the First Baptist ~ Church in Kenai from 3-9 pm o will meet Saturday, May 1st, at the Kenai River Center: am---coffee & rolls O am--Board meeting 2 N--lunch pm--- program featuring Dolly Farnsworth and Jackie Pell. :; · - No charges for i pastries or lunch and " .. i public is invited. ': Donations would be : graciously accepted. · : Blood Bank of Alaska - Kenai Peninsula Center May blood drives around the Peninsula: Soldotna Historical Society & Museum, Inc. meets the third Saturday of each month at 9 am in the museum located by the baseball fields on Kalifornsky Beach Road. May 8th the Museum is having a clean up day on the museum grounds and parking area starting at 10 am. The museum will open for the Summer season on May 15th. Hours are 10 am to 4 pm Monday thru Saturday and Sunday from 12 pm to 4 pm. Thursday 20th - Off-site blood ddve at Frontier Community Services on K-Beach Rd. in the Red Diamond Center. From 10 am -4 pm Friday 21st- Off-site blood drive at C.E.S. Soldotna from 10 am-3 pm Saturday 22nd - Monthly Homer blood drive at South Peninsula Hospital from 10-4pm The Blood Bank of Alaska - Kenai Peninsula Center now has ex~ended day and hours for our donors' convenience. Please give the gift of life - save up to 3 lives with one donation. Kenai Totem Tracers Genealogy Society offers a work/help session in the conference mom of the Kenai Community Library on Saturday, May 8th, from 1:00 pm to 3:00 pm to provide help and explain the library's genealogy resources. The monthly meeting of the Society will be held at the Family History Center in the back of the LDS Church at 159 Marydale, Soldotna from 6:30 pm to 8:00 pm on May 25th. Program will be "Tracing Your African Roots" All are welcome to attend. For info call Cheryl Hamann at 283-4481. Web Site: www.ci. Kenai.AK.US "Bridges" newsletter is published monthly by Bridges Community Resource Network, Inc, at 145 Kasilof Street, Soldotna, Alaska, 99669. The information printed in this newsletter is as accurate as possible. The opinions expressed within are not necessarily those of the editor, Bridge's board, officers or members. BRIDGES 5/04---Page 3 * Aspen Dental Center Central Peninsula Health Centers, Inc. 395 Main Street Loop, Kenai Phone: 283-7759 Fax: 283-7759 Email: aevans@cphc-dental.org The Aspen Dental Center is operated by Central Peninsula Health Centers and provides preventative, restorative, and emergency treatment to children from birth through their nineteenth birthday as well as limited, emergency treatment for adults. Denali Kid Care and Medicaid are accepted and a sliding discount schedule, based on household size and income, is offered to those whom are eligible. Appointments for children must be scheduled in advance and an adult seeking treatment must be in pain and present at the clinic at 8:00 am on the day that a general dentist is scheduled. Appointments are not made for adults under any circumstances and services for adults are limited as the center's main scope of service is the treatment of children. Adults are encouraged to call ahead of time to verify the days on which a general dentist is scheduled. Please call 283-7759 with any questions or to schedule an appointment. Cottonwood Health Centers, Inc. 170 E. Corral Street, Suite 1 Soldotna, Alaska 99669 (907) 262-a ] t9 Serving the community's family health care needs Discounts available for those who qualify. Patients seen by appointment. (Call ext. 21). Hours: Monday - Friday 8:30 a.m.- 5:30 p.m. extended hours Tuesday-7:30 a.m.17:30 p.m. Proud of our quality health care provider team: Marguerite Mclntosh, M.D. Sue Holit, FNP Dan Nyitrai, PA-C "We are dedicated to providing quality health care regard/ess of ability to pay." Community Clean Up Kenai & Soldotna Chamber of Commerce joint community clean-up takes place the week of May 10th! Please call Kenai Chamber office @ 283-7989 or Soldotna Chamber office @ 262-9814 for more information. Please come out and participate. We live in the most beautiful state, please help us keep it beautiful! Get a head start on cleanup! Join us at Bridges on May 8th at Noon to clean up the Bridges yard and area. Everyone welcome! AMERICAN RED CROSS COMMUNITY FIRST AID & SAFETY CLASS Saturday, May 22nd--8'00 am to 5 pm Cook Inlet AquaCulture Bldg. If you have any questions or to re~ister, please call (907) 262- ~ 4541. We also schedule more classes as needed. STATE CERTIFIED AA~ DEFENSIVE DRIVING CLASS Reduce your auto insurance * Get your traffic ticket dismissed Remove 2 points from your driving record! Friday, June 4th--6:00--10:00 pm AND Saturday, June 5th--2:00-- 6:00 pm at the Kenai River Center. $10 materials fee. For people who can't take days off work, the complete course on a weekend. Teens & parents welcome! Call Vivian for info at 260-3966. BRIDGES KENAITZE HEAD START ACCEPTING APPLICATIONS The Wise Little People of the Mouth of the River, Kenaitze Indian Tribe is now accepting applications for Head Start preschool for the communities of Kenai, Soldotna, Nikiski & K- Beach for the 2004-2005 school year. The Kenaitze Head Start family development center provides early childhood development services, early literacy, The Fatherhood Project, family support referral services, nutritional, dental, mental and general health screenings for children ages 3 to 4 years old. 5/04--Page 4 * EARLY INTERVENTION A family centered program for children birth to t years of age who may be having challenges in one or more areas of development: Movement, Learning. Speech and Language, Hearing, Vision. Social Emotional. Foe a free developmental screening, Call Renie Aragon at 262-3744 ext. 227. ! PARENT SUPPORT PROGRAM During the past 6 years, Kenaitze Head Start has ! worked effectively in partnership with the ! of the Kenai Public Health Center community for the benefit of our young people and ~ Support for Families with Young Children their families by involving elders, community leaders, social services, and medical providers to ~ · ~ approach ensure our families receive the best services designed to Support parents through a available in our Tribe and Community. combined Public Health Nurse and Public Health ! Nurse Aide home visitor service. Kenaitze Head Start invites children between the ages of 3 to 4 years of income eligible ! Hdp families be happy families to contact Kenaitze Head Start for an ! Help families achieve their goals_ enrollment application. Questions about the Head Start Program are welcome. ! period or up to two months after birth. 0 (907) 283-0707 parents & Friends of Lesbians & Gays (PFLAG) For information about monthly meetings call our message phone: 283-4678 907-335-3400 8 am/5 pm On-going FAS/E Parent Support Group May 29th (last Saturday of each month) 2:00 - 4'00 PM at Fromier Community Services. Child care available upon request. Info: Anita Price @ 335-1099. REGISTER NOW for FASD Parent/Caregiver Presenter Training June Sth through 8th---North Star Bible Camp, Hatcher's Pass, Willow, Alaska Parents and caregivers of' children with Fetal Alcohol Spectrum Disorders are invited to submit applications for participation in a FASD presenter training based on the FAS 101 Curriculum. Ail participants will receive a library of training and resource materials. Training and travel expenses will be provided to selected applicants. Upon completion of the training, participants will be expected to use their new skills to co-present trainings with Certified FAS 101 trainers previously identified by the 5tare Office of FAb. Applicants must include a letter of support and mutual cooperation from at least one trainer with whom they plan to work. For further information or to request an application, please contact Cheri Scott at the Stone 5oup Group. 907-561- 3701 or cheris@stonesoupgroup.org. Applications are also available at the Office of FAS website: www. heaith.state.al<. us/fas BRIDGES We are seeking kinship care, adopted, guardian or foster family members who live in areas outside of Anchorage or Mat-Su Boroughs to participate in the Statewide Family Work Group teleconference held once a month. The meetings are held via phone from 1-2 p.m. on the 2nd Wednesday of each month. The next meeting is scheduled for May 12th at 1 p.m. T.E.A.M. (Together Everyone Achieves More), Bernadine (Bernie) Janzen, CEO Alaska Attachment & BOnding Associates (AABA) 907-376-0366 new toll-free number - 1-877-294-4915 June 7th through 11th Alaska Arts Education Institute for Adults Integrating art education tools into instruction and achievement. For classroom teachers, arts specialists, administrators, home school teachers. 3 college credits available, can be applied toward teacher recertification. Call 262-0361 for information. A program of the Kennedy Center for the Performing Arts and SPonsored by the Alaska Alliance for Arts Education. Alaska Native Language Institute Dena'ina Language Program June 1st through 18th 3 week intensive UAF credit course Call 1-877-910-2534 for information 5/0.4--Page 5 ~' bo you ever feel strained end over~helmed as a parent? Would you like to meet end talk to other parents?? Come to a Parents Anonymous® Group Meeting! Where parents can freely share their questions, problems and solutions about parenting in a safe & supportive atmosphere. Every Wed. at Bridges from 6:00 to 7:30 PM Free Children's P~ogr'am while you attend... Fo~ more info call PARENTS, Inc ~ 1-800-478- 7678 o~ Parents Anonymous ~ 26~-9990 June 14th---18th Children's Arts Institute (Pre-K---6 students) Art-rich activities and instruction 262-0361 After The Bell After The Bell is starting their second session of Ceramics after school at Soidotna Elementary. Students attending the first session made a wall plaque, wind chimes, whistles, animals and pinch pots. Any parents wanting their elementary aged students to participate in this wonderful, enriching program, please contact Tammy Hanley (After The Bell Site Coordinator) at Soldotna Elementary School, 262-9796. This program is offered thru a generous grant to After The Bell from 4-H. Unique / greeting / c rd / ,zp~ cA"e ts / still / Famous Artist Chairs still available! 260-7085 BRIDGES 5/04---Page 6 '* The Food Bank Wishes ir had: 3 hole punch Warehouse dolly Inkjet printer Warehouse forklift Baby Changing Table Letter sized files--New/Used Bankers Storage Boxes--New/Used -> File pockets Pressboard Folders--New/Used ½ or % ton reliable pickup Industrial vacuum cleaner --> Surge protectors Highchair " ~" I ' ., I. ::,~ ' '1 '" · ' : ~~ Ho~pi¢~ of th~ ¢~ntral Peninsula has :i Community Loan Close that is available to anyone who has a need for this service. .----.We have walkers, wheelchairs, hospital ~.~ beds, shower stools, bedside commodes. ~ For a full list of medical supplies please ~ call Hospice at 262-0453. '.:. All of these items are provided at no cost "' ~ to the public. -5_5-.:L~ =:- ,:- .-_-.. -. ..... .... ,-:. -. .... - =.- ._: ...- -:. · . '.__2"_. _ _., '' :'...i :3.;, ' . ' Kenai Peninsula Food Bank Events in iVlay National A~o¢iation of Letter Cardem Food Drive The NALC will conduct their 12m Annual Food Drive on Saturday May 8th. Letter Carriers will pick up canned and dry goods left to benefit the Kenai Peninsula Food Bank. For more information contact the Food Bank at 262-3111 Plant a Row for the Hungry - When planning this years garden or greenhouse, please consider joining the thousap" of gardeners in America who participate in the Plant a Row for the Hungry campaign. Plant a Row for the Hungry is a national campaign founded in Alaska in 1995. Jeff Lowenfeis began by asking the readers of his gardening column to plant a mw of vegetables for Bean's Cafe, an Anchorage soup kitchen, and the program quickly spread throughout the country. No matter how small a garden space you have, you can make a valuable contribution. Garden donations provide fresh produce and herbs to families in the community that am at risk of hunger and flowers provide a lift to the spirits of people in need. These items could be grown by planting an extra row in your garden, your greenhouse, or in a window box. Please join the Plant a Row for the Hungry campaign and donate your surplus harvest to the Kenai Peninsula Food Bank. For mom information contact us at 262-3111. Gardening Classes The Kenai Peninsula Food Bank is hosting a series of gardening classes. The classes are taught by Janice Chumley of the Cooperative Extension Service and start Tuesday April 20th. Classes will be held every Tuesday from 10:30 to 11:30 am until May 4th at the Food Bank, 33955 Community College Drive, Soldotna. The classes are free to the public and ~r~ attendance to all classes is not necessary. For more information contact the Kenai Peninsula Food Bank at 262-3111. ,~.. . Classes are made possible by grants from CONOCOPHILLIPS and MAZON. ~ Nutrition Classes -.~ Do you need information on providing nutritious meals for your family'~ Then you will want to attend the nutrition classes at ~.~ '~1[ the Kenai Peninsula Food Bank. The eight week series of classes taught by nutritionist Colleen Deal start Wednesday .. ~ March 31, 2004. Classes will be held every Wednesday from 10:30 to 11:30 am until April 19, 2004 at the Food Bank, 33955 Community College Drive, Soldotna. The series is free to the public and attendance to all classes is not necessary. 4~ Please stay after for lunch in the Soup Kitchen. For more information contact the Kenai Peninsula Food Bank at 262-3111. ..~ Classes are made possible by grants from CONOCOPHILLIPS and MAZON. ...., ~t Cooking With 'Diabetes =- ~ May 3rd, 10th and 17th from 6:00 to 8:00 p.m. at the Kenai Peninsula Food Bank -- Pre-register by calling 262-5824 by ?,~~ April 29th, 2004. Class size is limited to 12 people. Cost is $10 per person. O BRIDGES 5/04---Page 7 * OVEREATERS ANONYMOUS Eating Disorder Support Group Every Sunday, 1 PM at Bridges Overeaters Anonymous is a Fellowship of individuals who, through shared experience, strength and hope, are recovering from compulsive overeating. We welcome everyone who wants to stop eating compulsively. Them are no dues or fees for members; we are self- supporting through our own contributions, neither soliciting nor accepting outside donations. OA is not affiliated with any public or private organization, political movement, ideology or religious doctrine; we take no position on outside issues. Our pdmary purpose is to abstain from compulsive overeating and to carry this message of recovery to those who still suffer. For more information call Joy @ 283-5028 or Uarti @ 260-5336 Kenai Visitors and Cultural Center Presents May 1st through September 4th "Wild Alaska: Bounty of the Sea" World-class exhibition of the best original sea life artwork by Alaska's best artists. www.visitkenai.com, kenaicvb@visitkenai.com Phone' 907-283-1991 Congratulations to ~)nitedg,lethodist Church of the grew Covenant On their 50th Anniversary "Bob's Sho~s" A showcase of sho~ films and a presentation. Saturday, KPO--Room "The Showcase of The A~" Saturday, ~ay l~t~ pm olosin~ reception for the student a~ show, featuring food & ente~ainment. HOSPICE S~~RT GRO~S He~i~ Hea~ {mom~ who lint a ~~ ~n~ W~ 7~ pm TAG (T~ Suite ~ ot the Soldotna U-Haul Bufldi~ WRCC WISH LIST: --> Diapers --> Women's Sanitary Products --> Toothbrushes/Toothpaste --> Combs/hair brushes --> Children's & Women's hats, gloves, boots, Underwear/socks --> Deodorant --> Towels · -> Safety razors WRCC is in need of one or two volunteers to work in the donation closet once a week to sort and display clothing donations. ~ ..... .=~ Contact Barbara, Volunteer Coordinator, M-Th at ..-----:> 283-9479. BRIDGES Community Calendar - May, 2004 5/04--Page 8 * Sunday 2 NATIONAL SAFE KIDS WEEK 10:00 Unitarian Universalists - Bridges I:OO pm-Overeaters Anonymous-Bridges 0 10'00 Unitarian Universalists - Bridges I:00 pm-Overeaters Anonymous-Bridges t0 10:00 Unitarian Universalists - Bridges I:OO pm-Overeatem Anonymous-BHdges 23 10:00 Unitarian Universalists - Bridges I:OO pm-Overeaters A nonymous-Bridges 3O 10:00 Unitarian Universalists - Bridges I:nO pm-Overeaters Anonymous-BHdges Monday ~ Noon-Soldotna Toastmasters Soldotna Church of God 3 pm---Mother's Group WIC Kenai 6-8 pm--Cooking with Diabetes--KP Food Bank Kenai Peninsula School Board Meeting-Seward t0 CLEANUP WEEK! Noon-Toastmasters ChurchJGod Soldotna 3 pm-Mothe(s G~oup WIC 6-8 pm~ooking with Diabetes--KP Food Bank 6 pm-Kenai Interfaith Shelter Services~ Bridges T~ Noon-Soldotna Toastmasters (Brown Bag) o% pm--Mother's Group WIC Kenai '28.5-4707 6-8 pm--Cooking with Diabetes--KP Food Bank 2~ Noon-Soldotna Toastmasters (Brown Bag) Soldotna Church of God ,.~ pm--Mother'~ Group WIC Kenai 98~~4707 GRADUATIONS Homer, Nikiski, Skyview HS ];f T omor n! Tuesday Wednesday 4 1---3 pm Changing Patterns WRCC 6 PM Brain Injury Support Group, ind. Living Center 7-8:30 pm Toastmaster's Borough Assembly Meeting S EW/~) KPC Commencement 5 9 am-Prescription Narcotics for Chronic Pain @ CPGH 10:30-11:00 Story Hour Sold Library 11:00-I1:$0 Toddler Time Kenai Library 6.430-7:30 Penitt Porcnts Anonqmous of Bfidqcs 7 PM- Cancer Support Group CPGH Kenai City Council Meeting tt 1--3 pm Changing Patterns WRCC 4 pm----KP Food Bank Board Meeting Ilth Choir/Band Conccrt--SoHi [~ Food Bank Board Meeting @ Food Bank 1--3 pm Changing Patterns WRCC 6 PM Brain Injury Support Group, Ind. Living Center 7:00-8:30 pm Circle of Friends. Hospice Borough Assembly Meeting-- Soldotna 1,2 Women's Check-Up Day 10:30.11:o0 Story Hour Sold Library I I:O0-I 1:30 Toddler Time Kenai Library 6:30 pm-Regroup-SoHi facity lounge 6.00-7:30 Pcnin. Parents Anonqmous of Bridqcs Heahn~ Heazts--Hospice Soldotna City Council Meeting ], 0 10:30-11:00 Story Hour St Library 11:00-11:30 Toddler Time at Kenai Library ~30 pm-Central Peninsula Health Centers Board meeting 6.O0-7:30 Penirt Porcnts Anonqmous at Bridqcs 7 PM---Kenai Penin. Outdoor Club Kenai City Council Meeting 25 1---3 pm Changing Patterns WRCC 6:30 Totem Tracers GRADUATION Kenai Central High School 2{~ 10:30-11:00 Story Hour Sold Library 11:00-11:30 Toddler Time at Kenai Library 6.00-7:30 Pcnin. Porcnfs Anonqmous of Bridqcs Soldotna City Council Meetin~ Fimt Friday Dialogue Will discuss William Ury's book on conflict and peace, The. Third$ide. Beginning at approximately 7:30 on May 7th--- call for location--Curt Shuey @ (907) 283-6650 e-mail' shuey@alaska.com BRIDGES 5/04----Page. 9 * Community Calendar-- May, 2004 Thursday Friday (~ Kachemak Bay Shorebird Festival---Homer 1-3 pm Parenting--WRCC 1 pm-Caregiver Support Group- Sterling Senior Center G:3D pm Writer's Group Kenai Library 6:30 Bluegrass Jam (pg 13) 1 ~,3 1 l:30--Interfaith Shelter, Soldotna City Hall Council Chambers Noon---2 pm---Multiple Sclerosis Self-Help Group, Kenai Penin. Boro Building---Barb, 262-8395 1-3 pm Parenting Class WRCC 2:00.4:30 pm-Healthy Communities Healthy .People at Bridges 6:30 pm-Allergy Group 7 pm--Take a Break 20 Noon--! ntemgency--Hospice 1-3 pm Parenting Class--WRCC 1 pm AARP-Kenai Senior Center 2004 State Republican Convention @ Soldotna Sports Center (info: Grace Merkes ~merkes@ptialaska.net~ or 262-6811 ~31] pm Writer's Group Kenai Library 27' LAST DAY OF SCHOOL! 1-3 pm Parenting Glass--- WRCC 5 pm Sold. Library Board Meeting 1--2:30 pm~aregiver's Support Group For-Get-Me-Not Care Center, Kenai-- 283-7294 Graduation--Seward High School ~ Kachemak Bay Shorebird Festival-- Homer---thru Saturday! 1-2:30 pm Domestic Violence Support Group WRCC 283-9479 7-8:30 pm--Widows Group-Hospice 7 pm-First Friday "Community Dialogue" (Below left) 7 pm-JazzMom [4 1-2:30 pm Domestic Violence Support Group WRCC 2], 1-2:30 pm Domestic Violence Support Group WRCC 25 1-2:30 pm Domestic Violence Support Group WRCC 283-9479 Saturday 1. ~AU Air Fair 283-7591 Scout. A-Rama Peninsula Mall 6 pm Bob's ,Shorts (p 7) 8 pm Showcase of the Arts ~ KPC (pg 7) ;~ Splash Into Safety (Kids Don't Float) 10 am Bridges Board Meeting @ Bridges I pm----Totem Tracers at Kcnai Libraff 1.5 $oldotna Multiple Sclerosis walk 9 am 5oldotna Historical Society @ Museum 2-6 pm Renaissance Festival (pg 10) 22 8 am--Red Cross First Aid & Safety Class (pg 3) 29 2-4 pm FASIE Parent Support Group ALCOHOLICS ANONYMOUS at 8ridges UNITY GROUP Leslie R. 262-1911 Linda N. 262-6805 Mon: Noon-1:00 Tue: Noon-1:00 & 5:30-6:30 p.m. Wed: Noon-1:00 Thu: 5:30-6:30 pm Fri' Noon-1'00 Sat: Noon-1:00 BIG BOOK GROUP 262-6805 Wed: 7:00-8:00 pm FREEDOM GROUP (Closed) L iz 262- 703 7 Sun: 8:00-9:00 pm MOOSE RIVER GROUP: Sterling Sunday, 7 pm Sterling Lutheran Church Phil W: 262-4274 Gary: 260-3136 KENAI: Cindy T' 283-1419 ,,, NARCOTICS ANONYMOUS Every Wed & Sat 7 pm @ Bridges PUBLICIZE YOUR GROUP OR AGENCY Fax to 262-9402 or e-mail to ~'" crow, s aaoo. %%%%%%% BRIDGES 5/04--Page 10 '~ Community Awareness Workshop on Domestic Violence & Sexual Assault The Women's Resource & Crisis-Center is rescheduling its COMMUNITY AWARENESS . WORKSHOP on DOMESTIC VIOLENCE/SEXUAL ASSAULT at WRCC's Admin. ©ffices. New dates are May 24-28, 2004 from @ a.m.- 5 p.m. daily. (~lease ~ote: this is a change of date from the previously announced April date.) Learn about the dynamics and escalation nature of domestic violence, the effects of domestic violence on children, how a community's response to domestic violence/sexual assault impacts victims, and community resources available to victims of domestic violence/sexual assault. Successful completion of this 45 hour course may allow volunteers to work with clients. College credit may be given after completion of the training and 30 hours of volunteer work with WRCC. Call 283-9479 for further information. Central Peninsula Air Fair Starts at the Soldotna Municipal Airport May 1st and Ends at the Kenai Municipal Airport. A fly-in and Fun (poker) Run between eight airports on the Kenai Peninsula. Starts at the Soldotna Municipal Airport at 8 a.m. with a breakfast hosted by the Experimental Aircraft Association, and ends at the Kenai Municipal Airport with music, barbeque, awards and static aircraft displays, www.kenaiairport, com. mbondurant@ci.kenai. ak.us Phone' 907-283-7951 May 6th through the 9th - 12th Annual Kachemak Bay Shorebird Festival Homer Field trips, workshops, birding presentations, art & entertainment celebrating spring and the May migration of millions of birds to Homer. Keynote speaker Pete Dunne. May 15th -A Renaissance Festival and Dinner, Presented by the Kenai River Council on the Arts. Kenai Fine Arts Center The free faire will be from 2 to 6 p.m., with a five-course dinner by Mykel's Restaurant beginning at 6'30 p.m. for $50. Phone' 907-283-1991 2004 Kenai Fishing Academy 20 hours of classroom instruction combined with guided fishing trips for salmon, trout and halibut. Full food and lodging package or day student rates available. See the KPC website at: www. kpc.alaska.edu and click on the Kenai Fishing Academy for information, rates, class room subjects, and trip specifics June 20--25--Baitcasting July 4--9---Baitcasting July 31---Aug 6---Fiyfishing August 15-20---Flyfishing BRIDGES 5/04--Page 11 * Kenai Peninsula Outdoor Club Come out and join in the fun with the Kenai Peninsula Outdoor Club for year- round indoor and outdoor activities for individuals and families. Monthly meetings are held at Rubens in the Kenai Kings Inn. Activities are planned by one and all for the upcoming weeks. Come to the next Outdoor Club meeting at Ruben's in Kenai on Wednesday, May 19th at 7:00 pm to share your ideas and "wish list" for activities. For more information contact Mike at 283-3856 or Steve at 283-4132. The Kenai Writers Group meets twice monthly at the Kenai Library from 6 p.m. - 8 p.m. on the first and third Thursdays of the month. All writers, new, aspiring, established, published or not, are welcome to join us. Those bringing something to share with the group are asked to bring copies for everyone to read or share as some have a hard time hearing. Writers of all genre are welcome. Critique is offered if requested, and withheld if unwanted. We have a great time together and welcome you all to join. Contacts' Barbara Waters biker-gramma@gci.net Virginia Walters: vewalters@alaska.net The Center for Mediation and Community Dialogue's mission is to strengthen community by providinE safe forums,/earning opportunities, and ski/Is for t~e constructive expression of differences and resolving conflict. CMCD offers the following services: I. Afedie tion A process in which an impartial third party helps others to work towards resolving their differences. The Youth Mediation Program is for conflicts between young people, or between youth and adults, such as: · parent-adolescent struggles over freedom and responsibility, and · problems that happen at school, in the nei#hborhoo#, or at work. · The program also provides victim-offender mediation in cases referred by the Division of Juvenile Justice. The IVeJgi~or. to.lVeig~bar I~e#iation Program deals with issues such as noise, pets, and covenant violations. How does it work? · Telephone 398-4027 to see if your case is appropriate for mediation · Program staff will contact the other party to see if they are willing to mediate o ~t with radiators and th~ oth~r party at a tim that is convenient to all ~arti~s Mediator qualifications: Our volunteers hav~ und~rgon~ a careful aero,nih§ process and hav~ completed at I~aat 40-hours of m~diation training. lh~¥ rec~iv~ eontinuin§ ~dueation and m~ntoring from ~xperi~need, prof~saional m~diators. !1. Community Dialogue C~CO works to eultivat~ constructive dialogue, information-sharing, and problem-solving regarding important community ~ssues. For example, CMCD holds First Friday Dialogues monthly potlucks with dialogue on various topics such as service ;~''' m learning, democracy, and juvenile delinquency prevention. If interested, contact Curt or Debbie Shuey at 283-6650. ; m 0 .~. 0 o · BRIDGES 5/04--Page 12 * ii iii iiii! i ii i i i i i 2004 ANNUAL CALENDAR (Revised monthly) - ADD YOUR DATE EVENT!) JUNE Ist~Kachemak Bay Writer's Convention 1st through 4th---Soldotna Community Schools Youth Band institute--262-6768 4th-5th~Relay for Life- Skyview High School 5th~Brain Awareness Walk 12th?~RUN FOR THE RIVER 12th & 13th--Kenai River Festival 14th-19th~Youth Fine Arts Institute 262-6768 17th, 18th & 19th--Quilting on the Kenai 18th--Boys and Girls Club Annual Golf Classic 19th--KDkL Art & Music Festival 19th--Quilting on the Kenai Fashion Show 19th--Hawaiian Luau, $oldotna Senior Center 21st through July 9th---Soidotna Community Schools Great Alaskan Outdoor Youth Camp 262-6768 ?~Family Fun in the Midnight Sun in Nikiski JULY Ist & 2nd - Kenai River Classic 3rd~Kenai Peninsula American Red Cross Golf Tournament--Bird Ridge Golf Course 4th of July ~Parade and Celebration in Kenai 23rd & 24th Summer Bazaar & Quilt Show $oldotna Senior Center I0 am to 4 pm 23rd through 25th - $oldotna Progress Days & Rodeo 24th---Endowment Fund BBQ. Soldotna Senior Center 25th~Soldotna Creek Celebration 25th~Tsaiteshi Trail Challenge ?---Kenai Kennel Club Dog Show and Agility Trial ? - Soldotna Senior Center Annual Endowment Barbecue AUGUST Ist~Boys & Girls Club National Kids Day Celebration 2nd through 6th---Soldotna Community Schools ADULT Video Production Class--262-6768 13th--KSRM/WRCC Radiothon (Volunteer 283-9479) 14th--Kenai Peninsula WRCC Run for Women 21st & 22nd----Kenai Peninsula State Fair Ninilchik 27th---Kenai Penin. Food Bank Soup Supper & Auction 28th - Industry Appreciation Days, Kenai ?---Kenai Kennel Club Agility Trial ? - Sterling Community Days ? - Funny River Festival SEPTEMBER 6th--Labor Day Picnic, Kenai 9th at 9:09 AM - International FAS Awareness Day. l lth - Kenai Lions Rubber Ducky Race I lth--Fall Roundup, $oldotna Senior Center · 1 lth Boys and Girls Club Annual Auction Gala ? - United Way Kick-off event for the annual Campaign ?---KDLL's 5th Annual "Oktoberfest" OCTOBER ? - Soldotna Chamber of Commerce PIE Auction ? - Ninilchik Senior Center United Way PIE Auction NOVEMBER ? - Nursing Educaiton Program Fundraiser Sth & 6th --Fall Bazaar & Art Show, Sold. Senior Center 26th - Christmas Comes to Kenai 26th & 27th--Kenai Arts Guild Craft Fair--KCHS??---Fail Bazaar & Art Show~Soldotna Senior Center DECEMBER 2004 ? - Annual Tree Lighting--Soldotna ?---Hospice Celebration of Remembrance IANUARY 2005 ? Tustumcna 200 Sled Dog Race ? - United Way Volunteer Appreciation Dinner ? - Town & Gown ^wards Ccrcmony--Kcnai Chamber ? - Peninsula Winter Games Begins ?----Healthy Communities/Healthy People Annual Meeting ?---lunior Miss Program---SoHi FEBR~Y I lth~Centrai Peninsula Writers ~ight 21st through March 6th - CPd~l-struction--Kcnai Peninsula Food Bank ?---Sitka Summer Festival Musicians ?---Hospice ^nnuai Wine Event ?---"Stretching, thc ^rts" - ^fter the Bell fundrai$¢r ?---Fur Rendezvous. ^nchorag¢ MARCH 17th - Soldotna Chamber's St. Patrick's Day Dinner ? - Soroptomists Young Women's Conference ? - Village Fair / Showing Off' thc Kids ? - Ski for Habitat, Tsalt¢$hi Trail ,~$ociation APRIL ?---HCHP ^nnuai Meeting, 5:30-8:30 pm ? --PROM at all high schools ? - Kcnai Peninsula Home Builders Home Show ? - Kcnai Peninsula Sport Recreation and Trade Show MAY ?---Central Peninsula ^ir Fair 253-75~1 ?--gachcmak Bay Shorebird F¢$tivai~ Homer ?--Splash into Saf'¢t~ (Kids Don't Float) ?--$oldotna Multiple $c1¢ro$i$ walk ?---Kcnai River Council on thc ^rt$ Renaissance Dinncr- ?--Graduations--^rca high schools ? - Peninsula Triathlon ? - Soldotna Lions Club Gun Show BRIDGES 5/04--Page 13 * ') e~ "Song and Celebration--Every Sunday Evening" An evening service of great music and worship from 6'30-7:30 pm each Sunday. Come as you are...end your weekend in a peaceful and meaningful way. Held at Christ Lutheran at the "Y" in Soldotna...262-4757 for information. 1st Thursday Bluegrass Jam, May 6th Bluegrass Jam for everybody! The jam starts about 6:30 pm and ends after 9. Bring our instrument, your voice, or just your curiosity. You can find the jam at Christ Lutheran Church near the Soldotna Y. The American Cancer Society RELAY FOR LIFE 6 pm, Friday, June 4th through 6 pm, Saturday, June 5th Skyview High School Opening Ceremonies include a survivor's lap followed by a caregivers lap with a reception for the survivors to follow. The luminaria ceremony is held at 11 pm on Friday evening. This is to honor those who are fighting cancer and to remember those who lost the battle. Teams are forming now. Get a group of your friends together as a Relay team and join us for up to 24 hours of fun, excitement, and an ail-around great time. You can pick up a team packet at the Wells Fargo branches in Kenai and Soldotna or at Bridges. If you have any questions or need more info please contact Corbi at 262-7711 or by email' connora@ptialaska.net P41ay Got Life is asking .for donations of paperclips, especially colored ones-- p[ease drop your donation off at ~ridges! The CPGH Auxiliary, in conjunction with the new Planetree concept being introduced into the hospital, continues to open new volunteer opportunities. Not only are they managing the new gift shop but several volunteers are acting as hostesses in the OR waiting room. Coffee and cookies are brought into the waiting room for those waiting for family members in surgery. The volunteers get to know these family members, keeping track of their whereabouts in case one of the physicians needs to talk with them. This has been well received by both the OR staff and waiting family members. We continue to need help in this area so we can remain longer hours. ^ new information desk has been built at the entrance to the hospital and volunteers are now needed to act as greeters/escorts to help guide patients through the hospital as changes are constantly occurring. Please call Michelle Crawford at 714-4778 or Pat Gilbreath at 283-0246 to join the Auxiliary. BRIDGES -4 BRIDGES BOARD MEMBERS :_ ~0 -. President Jane Stein 262-2659 o '- e-mail' dwstjm@ptialaska.net - ~ Kathy & Joseph Blanchard e-mail' crowepps@yahoo.com -_~ ~, c_.. _ Vice-Pres Betty Harris 2:3 -~ - Secretary Annette Hakkinen ~ - ~ - Treasurer Kathy Gensel ~ - _~. - Members at Large- =:~ - o Corbi Aaronson e-mail: connora@ptialaska.net e- - -~. - Joan Crow-Epps Newsletter-- 262-9019 - 0 ~ G C]2 ~ 220 C~~ ~ 0 0 0 0 0 O 0 0 0 O 0 r~ =' Judy Keck-Walsh ~ " Stan Steadman = - Vivian Swanson Gaming--260-3966 ro : Linda Tannehiil :::3 r~° - Helen Theriault Membership--260-3800 o ~ : ~1 : : ~ Katie Stafford - ~ Corbi Aaronson ~ £-~ Barb~ Beeman ~ ~ lean Brockel = ~ Paula Bute ~--' Peter and Renie Cannava Kathleen Dinius, Ph.D James Fisher Margaret Parson-Williams David & Jane Stein Vivian Swanson James Spielman ... ,,=~o _~. _=. .- Check out our remodeled web site at our new web address www. bridges network.org Is there a link to your organization? Do you want one? Call 260-3800 . Thanks to Bobbi Manning with Arctic Web Productions BRIDGES MISSION STATEMENT Bridges Community Resource Network, Inc., provides access to a diversity of resources supporting emotional, physical, mental and spiritual well-being. Bridges is a community development corporation which promotes and encourages participation in all aspects of community development. BECOME A PERSONAL OR BU$INE$..5 SPON.50R OF 'THE NEW..SLETTER BY ~AK_rNG A DONA.TION DEDZC~A TED TO P~Y£NG IT5 ~05T5/ x! Grateful Thanks To: DAVID STEIN for posting our newsletter on the Bridges website available to everyone! CLEANUP DAY AT BRIDGES MAY 8TH AT NOON BRIDGES 5/04--Page 15 * SAVE THE DATE = UPCOMING EVENTS /1 Kachemak Bay Writer's Convention Homer Lectures, workshops, panel presentaions & readings with nationally recognized writers. Phone: 907-235-7743 6112 through ~3 KENAI RIVER FESTIVAL Kenai City Park Strip Food, crafts, games, live music and science activities emphasizing river stewardship, www. kenaiwatershed.org Phone' 907-260-5449 6/12 RUN FOR THE RIVER-A fun family 5K walk or run on a multiple turn loop course, for ages 12 and older. For more info. call 260-5449. 6114 to 6118 Alaska's Cosmic Adventure Camps Challenger Learning Center of Alaska For ages 12 -14, come explore flight, rocketry, robotics and more, including a day of underwater diving to simulate working in space. Phone: 907-283-2000 Emaii' gospace@akchallenger.org 6/17-19 ANNUAL QUILTING ON THE KENAI & WEARABLE ART FASHION SHOW-For more info. call 262-5438. 611912004 KDLL Art & Music Festival Saturday from 12 noon until 12 midnight at the Diamond M Ranch on K--Beach Rd. (corner of Bridge Access and K-Beach) 12 hours of music, dancing, good food, wide variety of vendor booths. Lots of fun for the entire family. ~.8/24/04---first day of school Bridges Community Resource Network Inc. 145 Kasilof Street, Soldotna, Alaska 99669 - (907) 260-3800 Date Name Address State Zip _ Phone ... City I would like to be a member of Bridges as a: Informational Member: I wish to receive the free newsletter ,, Regular Member for a donation of $25 per year Family/Business Member for a donation of $35 per year Contributing Member for a donation of $35+ per year Sustaining Member -Bill me $25/month '" Help us Build a Bridge Pl My check # in the amount of $ is enclosed. TO PAY USING A CREDIT CARD, CALL BRIDGES 260-3800 · ~es! YES! Yes! ~tF~! ~s.~ r/,~/Yesl Yes! ! Y~.s! ~,~[ Y~d YES! * BRIDGES 5/04--Page 16 Nonprofit Rate ISSN 1529-9260 U.S. Postage Bridges Community Resource Network, Inc. PAID P.O.Box 1612 Soldotna, AK Soldotna Alaska 99669 permit # 7 THE HONORABLE JOHN WILLIAMS KENAI CITY H3~LL 210 FIDALGO AV #200 KENAI AK 99611 ARE YOU MOVING? NEW ADDRESS? LET US KNOW SO WE CAN KEEP YOUR NEWSLETTER COMINGI The &ebCo~intt Arts Society Presents~ A secondannualjazz cabaret featuring~ l"be l elJssa "]azzmom"FjsCher Oujntet At KenaJ IfferJt Inn PrJda~ Map 7. 2004-- F: O0 pm OancJn~ * No-bose beer er wine $40 includes show and blor$ d'oeuvres by Cltarloete's ~ Tickets available at: ~ Soldotna: Northcountry Fair, River City Books, Sweeney's Clothing el~ Kenai: Alaskan Gift & Gallery, Already Read Books, High Speed Gear, Kenai Merit Inn, Charlotte's 4th ANNUAL KENAI PENINSULA AIR FAIR & FUN FLIGHT Saturday- May 22, 2004 AGENDA 8am - 1 lam' Samaritan Purse Hangar- Soldotna Airport Fun Flight Participant Registration, breakfast, exhibits, & static displays. Door Prizes! lpm-3pm' Kenai Operations Facility- Kenai Airport Bar-b-que, exhibits, & static displays. Door Prizes! 1 pm-1:45pm Live Music- DIXIE EXPRESS a component of the USAF Band of the Pacific 1 '50pm _pm-2'30pm' 144th Airlift Squadron Presents Control Tower with Appreciation Plaque Military Appreciation Event Veterans Post Colors Kenai Civil Air Patrol posts colors Pledge of Allegiance by Mayors National Anthem (Skyview Singers) Mayors Williams & Carey speak & present Proclamation Trumpet solo performed by Nelson Amen 2:30pm' Deadline for playing cards -immediately followed by Fun light Registrants prize award presentation. 2'30-3'15pm' Municipal Airport Live Music - Dixie Express a component of the USAF Band of the Pacific Sponsored by the Cities of Kenai & Soldotna & the Alaska Airmen's Association www. KenaiAirport.com & www.ci.soldotna.ak.us Kenai Peninsula Borough . _,,y 18, 2004 - 7:00 p.m. Assemb Regular Meeting Borough Administration Building, Soldotna, Alaska Pete Sprague Assembly President Seat 4- Soldotna Term Expires 2004 Gary Superman Assembly Vice President Seat 3- NikisM Term Expires 2004 Dan Chay Assembly Member Seat 1 - Kalifornsky Term Expires 2006 Paul Fischer Assembly Member Seat 7- Central Term Expires 2004 Betty Glick 'bly Member ~ Kenai . . Expires 2005 Ron Long Assembly Member Seat 6- East Peninsula Term Expires 2006 Milli Martin Assembly Member Seat 9- South Peninsula Term Expires 2006 Grace Merkes Assembly Member Seat 5- Sterling/Funny River Term Expires 2005 Chris Moss Assembly Member Seat 8- Homer Term Expires 2005 A® Be Ce De go Fe Go He Io J® ge CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. APPROVAL OF MINUTES *1. May 4, 2004 Regular Assembly Meeting Minutes ............ 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS le Proclamation declaring the week of May 16-22, 2004 as Emergency Medical Services Week (Mayor) ................ 9 PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) le Ik Icard, Icard Consulting Services, LLC, Kodiak-Kenai Fiber Optic Project (10 minutes requested) REPORTS OF COMMISSIONS AND COUNCILS May 18, 2004 ,, Page 1 of 5 Lo lo Agreement and Contracts ao Spruce Bark Beetle Mitigation Program: · Approval of contract with Steve's Tree Service for Running Water ROW Project ................................... 11 · Approval of contract with Resources Development LLC for Cabin-Tusmmena ROW Project ......................... 14 bo Approval of contract with Steve Rutherford Floor Coveting for North Star Elementary School Flooring Replacemem .................... 17 Co Approval of sole source contract with McGowan Computer Associates for Software Conversion Services ..................... 20 2. Other ao Memo from Barbara Olson, Kenai Peninsula Employees Association (KBEA) Scholarship Chairperson announcing the 2004 KBEA Scholarship Recipients ....................................... 22 bo Kenai Peninsula Small Business Development Center- Quarterly Report - January 1, 2004 through March 31, 2004 ................. 23 Co Budget Revisions and Revenue Expenditure Reports - April 2004 ..... 31 M. ITEMS NOT COMPLETED FROM PRIOR AGENDA - None No PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) le Ordinance 2003-19-46' Appropriating $175,000 in Supplemental Funding from the Borough Equipment Replacement Fund to Purchase a New Point of Sale System for the School District (Mayor) (Referred to Finance Committee) 37 o Ordinance 2003-19-47' Appropriating $585,000 from the South Peninsula Hospital Service Area Fund Balance to Provide Supplemental Funding to Cover Losses on Operations of the South Peninsula Hospital (Mayor at the request of the South Peninsula Hospital Service Area Board) (Referred to Finance Committee) ............................................... 41 May 18, 2004 Page 2 of 5 Oe Pe . Ordinance 2003-19-48' Accepting and Appropriating $168,000 from the Alaska Department of Environmental Conservation to Purchase Decontamination Showers and Trailers and Associated Equipment (Mayor) (Referred to Finance Committee) .................................... 48 o Ordinance 2004-09..: Adopting a Revised Comprehensive Plan for the City of Kenai (Mayor) (Referred to Policies and Procedures Committee) ........... 53 Se Ordinance 2004-..1.0.' Establishing the Nikiski Law Enforcemem Service Area (Superman) (First of Two Hearings) (Referred to Policies and Procedures Committee) ..................................................... 62 Ge Ordinance 2004-11' Repealing KPB Chapter 14.32, Deleting References to KPB 14.32 in Other Areas of the Code, and Amending KPB Chapter 14.31 Relating to Road Improvement Assessment Districts (Mayor) (Referred to Policies and Procedures Committee) .................................. 72 e Ordinance 2004-1.2' Amending Service Area Code Provisions Regarding Appointment of Administrators (Mayor) (Referred to Policies and Procedure Committee) ..................................................... 76 Ordinance 2004-13' Amending KPB 5.18.430, Sales Tax Computation- Maximum Tax, by Increasing it from $500 to $1,000 (Mayor) (First of Two Hearings) (Referred to Policies and Procedures Committee) ............... 82 e Ordinance 2004-19.: Appropriating Funds for the Fiscal Year 2004-2005 (Mayor) (First of Two Hearings) (Referred to Finance Committee) .......... 87 UNFINISHED BUSINESS NEW BUSINESS 1. Bid Awards *a. Resolution 2004-048' Authorizing Award of a Contract for Kenai Central High School 2004 Gynmasium Flooring Replacement (Mayor) (Referred to Finance Committee) ....................... 92 2. Resolutions *a. Resolution 2004-049' Authorizing the Lease of 440 Square Feet of Office Space in the Seaview Community Plaza Building, Seward, Alaska, for the Seward-Bear Creek Flood Service Area (Mayor) (Referred to Finance Committee) .............................. 95 May 18, 2004 Page 3 of 5 Qe *b. Resolution 2004-050: Supporting the Kodiak-Kenai Fiber Optic Cable Project Linking Anchorage, Kenai, Homer, and Kodiak (Mayor) (Referred to Policies and Procedures Committee) .......... 104 *¢. Resolution 2004-05!..' Supporting the Designation of the Sterling Highway as a State Scenic Byway Between Skilak Road and Anchor Point by the Alaska Department of Transportation and Public Facilities (Martin) (Referred to Lands Committee) ................ 109 3. Ordinances *a. Ordinance 2003-19-50: Accepting and Appropriating a Grant from the U. S. Department of Interior, Bureau of Land Management, in the Amount of $10,000 for Research and Mapping of Section Line Easements (Mayor) (Hearing on 06/15/04) (Referred to Finance Committee) ...- ........................................... 116 *b. Ordinance 2004-15' Authorizing Retention or Sale of Certain Real Property Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Proceedings (Mayor) (Hearing on 06/15/04) (Referred to Finance Committee) ........................................ 120 *¢. Ordinance 2004-16'. Revising Right-of-Way Permit Review and Appeal Procedures (Martin) (Shortened Heating on 06/01/04) (Referred to Lands Committee) ............................... 172 *d. Ordinance 2004-17..: Amending KPB Chapter 5.18 to Exempt from the Sales Tax Oil Spill Related Services Provided by Certain Types of Nonprofit Organizations (Mayor) (Hearing on 06/15/04) (Referred to Finance Committee) ...................................... 175 4. Other *a. Petition to Vacate the 1320 foot portion of the 66-foot section line easement centered on the line common to the NWl/4 NW 1/4 Section 26 and NE1/4 NE1/4 Section 27, Township 4 South, Range 15 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-074 (Referred to Lands Committee) ............... 180 [Clerk's Note' The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled April 26, 2004 meeting. J PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) May 18, 2004 Page 4 of 5 R. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS June 1, 2004 09:00 AM Budget Work Session #3 Soldoma June 1, 2004 07:00 PM Regular Assembly Meeting Soldotna S. ASSEMBLY COMMENTS We PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) o Ordinance 2004-10.: Establishing the Nikiski Law Enforcemem Service Area (Superman) (Final Hearing 06/01/04) (Referred to Policies and Procedures Committee) e Ordinance 2004-14' Amending KPB 21.18.080 to Increase Authorized Conditional Use Permit Terms from Two Years to a Maximum of Six Years (Mayor) (Hearing on 06/01/04) (Referred to Lands Committee) ge Ordinance 2004-13' Amending KPB 5.18.430, Sales Tax Computation- Maximum Tax, by Increasing it from $500 to $1,000 (Mayor) (Final Hearing on 06/01/04) (Referred to Policies and Procedures Committee) Ordinance 2004-19: Appropriating Funds for the Fiscal Year 2004-2005 (Mayor) (Final Hearing on 06/01/04) (Referred to Finance Committee) . Ordinance 2004-05 (Mayor's Substitute): Amending the Kenai Peninsula Borough Code Chapter 5.12 by Revising Procedures for Appeals to the Board of Equalization (Mayor) (Hearing on 08/03/04) (Referred to Policies and Procedures Committee) o Resolution 2003-094: In Support of CS for HB 240 and SB 186, Acts Relating to Charitable Gaming Through Implementation of Electronic Gaming Machines (EGM) in the State of Alaska (Superman) (Referred to Legislative Committee) (Tabled on 02/17/04) U® INFORMATIONAL MATERIALS AND REPORTS V® NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on June 1, 2004, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K201A O-FM 88.1 (East Peninsula). Copies of agenda items are available at the Borough Clerk's Office or outside the Meeting Roomjustprior to the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800- 478-4441, Ext. 2160. Visit our website at www. borough, kenai, ak. us for copies of the agenda, meeting summaries, ordinances and resolutions. May 18, 2004 Page 5 of 5 0 0 LL (:~ "0 (1) 0 0 o ~o OTrn CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO: FROM: DATE: RE: Mayor John Williams and Councilors Cary R. Graves, City Attomey ~({~ April 29, 2004 Backup Information for the Adult Entertainment Ordinance Attached to the proposed adult entertainment ordinance is a packet of backup information regarding adult entertainment businesses. It was included to provide information and justification to support the need for regulation of that type of business. The information is comprehensive and, at times, quite graphic. The graphic nature of some of the information was necessary to provide an accurate portrayal of adult entertainment businesses. CRG/sp '~t of N~)RI'I[i::'([~ ('INEM.~.. INC. v. CITY ()F SEATTLE ('lie a.s, Wa.,,h.. 5145 P.2d I 153 90 \V~si~.2d NORTIIEND CIN'E:~'!,~, ~N .... and A. 3I. Mushkin, ^ppellants, CITY OF SEATTI.E, a Municipal Corporation, Respondent. GAIETY THEATERS, INC., a Wash- inglon Corporation, Appellants, w~sh. I153 minuting all nonconforming theater uses within 90 days, in view of the fa. ct that t}:e theaters were n(,t bound to show adult films as opposed to any other type of film and di~i not come forward ~;'ith any clear evidence of economic harm. Temporary injunction dissolved, and judgment affirmed. CITY OF S' ' ~ EA rTLE, a Municipal Corporation, Responde~.t. APPLE TItEATER INC., a Washiv. gton Corporation, Appellants, CITY OF SEATTLE, a l~lunicipai Corpcration, Respondent. No. 45155. Supreme Court of Washingtnn, En Bane.- Oct. 19, 1978. The validity of zoning enactments re- quiring that adult motion picture theaters be located in certain downtown areas was upheld by the Superior Court, King County, Frank J. Eberhart. er, J., and theater opera- tors appealed. The Sut:reme Court, ttorow- itz, J., held that' (1) the ordinance was fully adequate to give operators notice of regulated use, and they had no standing to challenge it for vagueness; (2) the opera- tors had no standing to assert First A~nend- ment rights of others so as to challenge the ordinance for facial overbreadth; (3) the theaters failed to establish that the ordi- nance was impermissible prior restraint on protected First Amendment speech, in view of a finding that the ordinance did not have any significant deterrent effect on exhibi- tion or viewing of such films; city's most important interest in regulating use of its property for commercial purposes was suffi- cient to justify such zoning regulation; (.t) there was reasonable classification, not vio- lative of equal protection, by the ordinance, and (5) the ordinance was reasonable, not denying due process of law, insofar r,s ter- 1. Munic,.'pal Corporations e=,121 In action for declaratory judgment, brought to ehaIleng-.e constitutionality of or- dinances which required all adult motion picture theaters to be located in certain downtown areas, trial court's refusal to en- ter plaintiff theaters' proposed findings was not error where the same were either un- supported by the record or were not related to ultimate facts concerning material issue. 2. Constitutional Law e=~18 It was not necessary to construe provi- sions of State Constitution identically with corresponding provisions of Federal Consti- tution, but, where appropriate, court would apply general rule that language in State Constitution be Wen same interpretation as that given federal constitutional provi- sion by the United States Supreme Court. U.S.C.A.Const. Amends. 1, 5, 14. 3. Municipal Corporations ~:~594(2) City ordinance definition of adult thea. ter use, being identical in all relevant re- spects to definition upheld by United States Supreme Court, was fully adequate to give notice of regulated use, and complaining theaters which showed adult films almost exclusively and claimed no desire to show any other t3q~e of film had no standing to challenge ordinance for vagueness. U.8.C. A.Const. Amends. 1, 5, 14. 4. Constitutional Law 0=,42.2(1) Special rule giving standing to one whose own rights are not violated to chal- le;~ge ordinance for overbreadth applies only if deterrent effect of ordinance on protected First Amendment speech is both real and substantial and if ordinance is not easily susceptible to narrowing construe- tion. U.S.C.A.Const. Amend. 1. 5~ PAL'It-i,C l{J-;l'(.)R'l'Ek, '-'d 5. Municipal Corporations c=, 121 Theaters showing adult films hint no standing Lc assert First A~nendmcnt rights of others, to challenge city ordinance for official overbreadth, where ,'>rdinanee, which required location of such thcat(.,rs in certain downtown areas, was found by tri:tl court not to have any significant deterrent effect on exhibition or viewing of adult motion picture films and where any lan- guage in ordi~anee which was uncertain was readily subject to narrowing and con- stitutionaily sound construction. U.S.C.A. Const. Amend. 1. 6. Constit;,',ional Law ~=~90.1(6) Theaters showing adult films failed to establish that city ordinance restricting 1o- cation of adult motion picture theaters to certain downtown areas was impermissible prior restraint on protected First Amend- ment speech, in view of finding that ordi- nance did not have any significant deter- rent effect on exhibition or viewing of such films; city's most important interest in reg- ulating use of its property for commercial purposes was sufficient to justify such zon- ing regulation. U.$.C.A.Const. Amend. 1. 7. Constitutional Law ~=~240(4) In view of fact that city ordinance reg- ulated only place where adult films could be shown and in view of city's g~'eat interest in protecting and preserving quality of its neighborhoods through effective land-use planning, there was reasonable classifica- tion, not violative of equal protection, by ordinance which required adult motion pic- ture theaters to be located in certain down- town areas. U.S.C.A.Const. Amends. 1, 14. 8. Municipal Corporations ~=~43, 63.1(2) City's planning efforts must be accord- ed sufficient degree of flexibility for exper- imentation and innovation, and court can- not substitute its judgment of what would be most effective method of regulation in such regard. 9. Municipal Corporations ~594(I) City's power to regulate location of adult movie theaters was not dependent in any way on existcnce of possible waiver for existing theater locations, nor was there any showinK that {,},crators of existing the- au'rs weft constitutionally entitled to ex- empti~ms from zuning restriction in case before the court, and thus no constitutional deficiency in such regard was shown. U.S. C.A.Const. Amends. 1, 14. 10. Zoning ~2:11 Calculation of reasonable termination period for zoning' purposes depends upon facts and circumstances of particular case, and equal protection analysis does not ap- ply. U.S.C.A.Const. Amend. 14. 11. Constitutional Law ~=,296(2') Ordinance requiring that adult motion l~icture theaters be located in certain down- town areas was reasonable, not denying due process of law, insofar as terminating ali nonconforming theater uses within 90 days, in view of fact that theaters were not bound to show adult films as opposed to any other type of film and did not come forward with any clear evidence of economic harm. U.S.C.A.Const. Amends. 1, 5, 14. Victor V. Hoff, Charles S. Stixrud, Seat- tle, for appellants. Dona M. Cloud, Asst. Corp. Counsel, Seat- tle, for respondent. H OROW ITZ, Justice. The issues raised here involve the validity of two Seattle city zoning ordinances which have the effect of requiring all adult mo- tion picture theaters as defined in the ordi- nances, to be located in certain downtown areas, and terminating all nonconforming theater.uses within 90 days. The three Seattle theaters prohibited from showing their normal adult fare at their present locations by these ordinances challenge the constitutionality of the zoning enactments in this declaratory judgment action. The court below heard extensive testimony at trial and upheld the validity of the City's action. We affirm. The amendments to the City's zoning code which are at issue here are the cuimi- nation of a long period of study and discus- ,~f existinK thc- :it:ion 'n case ') co nstitut ional .s shown. U.S. lo terrnination ~lepends upon ~artieular case, ; does not ap- l4. ~s(2) adult motion certain down- .t denying due rminating all i thin 90 (lays, :rS were not pposed to any come forward :)nomie harm. .tixrud, Seat- ounsel, Scat- the validity ances which [1 adult mo- in the ordi- ~ downtown monforming The three m showing eir present allenge the. enactments :tion. The stimony at the City's y's zoning the culmi- md discus- NGi.,'TIIEND ('INE3I.~., IN('. v.: ITY CF SEATTLE Che as, Wash., 585 F.Zd 1153 sic-n of the problems of adult movie theaters in residential are::s of the City. Following lo::al resident t~rotests against the Ol~cning of such a theater in the (;reenwood ~tistriet, the City's Department of Community De- velopment made a study of the need for zoning controls of adult theaters at the request of both the City Planning Commit- tee and the City Council Committee on Planning and Urban Development. The study analyzed the City's zoning scheme, comprehensive plan, and lamt uses around existing adult motion picture theaters. Of the 46 motion picture theaters otmrating within the City, 13 showed adult motion pictures exclusively, or almost exclusively. Ten of those 13 were located in downtown areas where such uses are now permitted by the challenged ordinances. The other three, the Ridgemont, the Northend, and the Ap- ple Theater, are in areas outside the desig- nated zones which are characterized by resi- dential uses. These three theaters show "x-rated" films almost exclusively and dis- play advertisements indicating the nature of the films on the theater marquees or fronts.~ The Department's study concluded that zoning action should be taken to con- fine adult motion picture theaters to down- town Seattle, and recommended that a eon- ditional u:.'e approach be adopted for adult theaters in other areas. The Department's study and recommen- dation were taken up by the City Planning Commission, which held public meetings and a joint public hearing with the City Council Committee on the subject. At the public hearing Greenwood residents spoke of their concerns regarding the deteriora- tion of residential neighborhoods that ac- companies location of adult movie theater~. The concerns expressed were very specific and included the attraction of transients, parking and traffic lwoblems, increased crime, decreasing property values, ami in- 1. The trial court found: Films rated "X" are identified in the Code of Self Regulation of the Motion Picture Association of America as "pic- tures submitted to the Code and Rating Adrain. istration which . . are rated X because of the treatment of sex, violence, crime or pro- fanity.'' Wash. 1155 tcrference with parental responsibilitic~ for children. The Planning Commission suk. sc- qucntly voted to recommend that the ¢'~y zoning comte be amended to confine adult theaters to downtown areas and phase mit nonconforming uses. The Commission op- posed any conditional use plan for other ZOIICS. The neighborhoods in which the three al)pellant theaters are located have a dis- tinctly residential character. Much effort and money have been invested in long- range improvement plans for these are.~. The Greenwood ,'ommunity, in which the Northcnd and Ridgemont are located, has been the subject of major development plans for years. Millions of dollars of de- velopment funds have been invested to im- prove the quality and conditions of the munity. Ongoing projects include im- proved sidewalks, lighting, and traffic con- trol, and a new shopping mall. The First Hill Community, in which the Apple Thea- ter is located, has not been the subject of such elaborate development plans, but has received substantial funds for neighborhood improvement and is designated a residential area in the City's long range plans. In short, the goal of the City in amending its zoning code was to preserve the character and quality of residential life in its neigh- borhoods, as specifically found by the court below. A second and related goal, the court found, was to protect neighborhood children from increased safety hazards, and offen- sive and dehumanizing influence created by location of adult movie theaters in residen- tial areas. These goals are an integral part of the City's long-range land-use planning effort. Thus in May and June of 1976 the Seattle City Council amended the Zoning Ordinance with Ordinance 105565, enacted on May 28 and effective on or about June 27, 1976, and The advertisements generated by these thea- ters and the displays on their marquees and fronts indicate the film fare therein is sexually- explicit and exploits a market for the shocking and bizarre sexual experience. The films are one sequence of explicit sexual activity after another, almost completely uninterrupted by any plot. 'i 11.56 ;;.~5 PAt'IFIC REI'ORTER. 2d SER~ES Ordinance 105584, el;act.ed June 7 anti ef- fective on o:' at,out July 7, 1976. Thc eom- bleed effect of the ordinances is to crc. ate a land usc known as Adult Motion Picture Theaters, to prohibit that usc in all City zones except the C5I (Metropolitan Com- mercial), BM (Metrol~olitan Business), and CMT (Temporary Metropolitan Commercial) zones, and to require termination of all nonconforming uses within 90 days of the date the use becomes nonconforming. The land area comprising the permitted zones is approximately 250 acres. No provision is made in the ordinances for conditional uses in other zones. [1] At the trial on appellant theaters' declaratory judgment action the court heard extensive testimony regarding the history and purpose of these ordinances.: It heard expert testimony on the adverse effects of the presence of adult motion pic- tore theaters on neighborhood chihlren and community improvement efforts. The court's detailed findings, which include a finding that the location of adult theaters has a harmful effect on the area and con- tribute to neighborhood blight, are sup- ported by substantial evidence in the rec- ord. Its refusal to eh:er appellant Apple Theater's proposed findings was not error, as these were either unsupported by the record, or not related to ultimate facts con- cerning a material issue. In re Kenred.¥, 80 Wash.2d 222, 492 P.2d 1364 (1972). The central question raised is whether, in view of these facts, the action of the City in creating the adult motion picture theater use and confining that use to certain zones within the downtown area is constitutional. A second question is whether the City may constitutionally impose a 90-day termina- tion period on nonconforming uses. We answer both questions affirmatively, for the reasons discussed hereafter. We turn first to the constitutionality of the creation and confinement of the adult motion pic- ture theater use. 2. In view of the extensive record developed at the trial of the City's planning studies, meet- ings and hearings, we find the City has fully sustained its burden of demonstrating the con- ditions and need for it:; zoning action. Appel- I AppellanLs n:ake three constitutional ar- guments against the Seattle zoning prori- sloes. First, they claim the definition o.,' an adult mntion lfieture theater is so vaLq~e as t.o deny them due process of lax,,'. Second. they claim the confinement of such theaters to designated zones is an impermissible pri- or restraint on protected First Amendment speech. Third, they argue the classification of theaters based on the content of the films shown there violates First Amend- ment and equal protection guarantees. [2] In response to these contentions we find the decision of the United States Su- preme Court in Young v. American Mini Theatres, Inc., 427 U.S. 50. 96 S. Ct. 2440, 49 L. Ed.2d alO (197~) (hereinafter referred to as Young) dispositive. In that ease the court approved the creation and definition of an adult theater zoning use identical in all relevant respects to the Seattle zoning use. It also approved regulation of location for that use. Although appellants argue the Seattle ordinance differs from the De- troit ordinance, those differences do not have constitutional significance, as dis- cussed below. We need not, of course, con- strue the provisions of our state constitu- tion identically with the corresponding pro- visions of the federal constitution. Darrin ~: Gould, 85 Wash.2d 859, 868, 540 P.2d 882 (1975). In this ease, however, we find the reasoning of Young persuasive. It ac- knowledges and accommodates the i~npor- rant interest of the state in exercising its police power to protect city neighborhoods against degradation, while preserving the democratic principles the constitutional pro- visions were designed to protect. We therefore find it appropriate to apply the general rule that language in our state eon- stitution will be given the same interpreta- tion as that given the fe~leral constitutional provision by the United States Supreme lant Apple Theater's objection to the record in this regard is unfounded. See P:.~rkddge r. Seattle, 89 Wash.2d 454, 573 P.2d 359 (1978). See also Abbenhaus ~: Y~kima. 89 Wash.2d 855, 576 P.2d 888 {1978). zoning iefizaition of is so vague law. Second, f such theaters mrmisnible pti- st A~nendment c classification ~ntcnt of th~ First Amend- ara n tees. ontentions we .ed States Su- , merican Mini S.Ct. 2440, 49 er reflnTed to '_hat case the tad definition :e ide. ntical in :cattle zoning on of location eilants argue from the De- ~nees do not nee, as dis- f CO!ll'l;e, corl- ate constitu- ponding pro- t. ion. Dar:in 540 P.2d 882 we find the [ ye. It ac- ; the impor- xcrcising its :ighborhoods .~serving the Lutional pro- · otect. We o apply the ~r state con- , interpreta- ,nstitutional :s Supreme the record in Parlu'idge v. ~ 3,59 (1978). 89 W'asi~.2d NORTtti.'NI) t'iNE.:'.4, IN('. v. CITY CF 5, E.kTTLE Cite as. Wash., 5,~5 P.2d 115:1 Court. See ttousin.ff Autho:.it~. :.. 87 Wash.2d 732, 739, 557 P.2~] 221 (i97,;~. A. Vagueness [3] Appellants' first argument is that the definition of Adult Motion Picture The- ater (set out in the rnarg4n '~ ) is so vague as to deny them due process of law. They do not attack the included definitions of ified Sexual Activities" or "Specified Ana- tomical Areas," but argue they are not ade- quately informed of (1) how much "depict- lng, describing, or relating" to the specified areas is necessary before a film is "distin- guished or characterized by an emphasis" thereon; (2) what "depicting, describing or relating to" means; or (8) how frequently such films must be shown before a building is "used" for the purpose. We note at the outset that the definition of adult theater use contained in the Seattle ordinance is identical in all relevant re- spects to the definition upheld in Furthermore, as in Young, the complaining theaters show adult films almost exclusive- ly. They do not claim they desire to show any other type of film. Therefore, the ordi- nance is fully adequate to give them notice 3. Ordinance 105565 Definition of Adult Motion Picture Theater (§ 1) "An enclosed building used for presenting motion picture films distinguished or charac- terized by an emphasis on matter depicting, describing or relating to 'Specified Sexual Activities' or 'Specified Anatomical Areas', as hereinafter defined, for observation by pa- trons therein: "'Specified Sexual Activities'" °'!. Human genitals in a state of sexual stimulation or arousal; "2. Acts of human masturbation, sexual intercourse or sodomy; "3. Fondling or other erotic touching of human genitals, pubic region, buttock or re.. maJe breast. "'Specified Anatomical Areas'" "1. Less than completely and opaquely covered: "(a) human genitals, pubic region, (b) but- tock, and (c) female breast below a point immediately above the top of the areola; and "2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered." 4. Adult Motion Picture Theater Wash. 1157 (,f the rcg::latcd usc, a~:d t}:t,y have no stamting to t:ha:lcngc it for vag'acness ]'ounck; scpra, 427 U.S. at 59, 96 S.Ct. 2440. [.t, 5] Nor do appellants have standing to assert tile First Amendment rights of others anti challenge the ordinance for fa- cial ovcrhrcadth. The special rule ~ving standing to one whose own rights are not violated to challenge an ordinance for over- l)readth apl)lies only if the ordinance's de- terrent effect on protected I"[rst Amend- ment speech is "both real and substantial" and the ordinance is not easily susceptible to a narrowing construction. Erznoznik v. Jacksonville, 422 U.S. 205, 216, 95 S.Ct. 2268, 45 L. Ed.2d 125 (1975). We are not pemuaded those elements are present here. First, there is no evidence that the effect of this ordinance will be a substantial deter- rence to protected First Amendment speech. It does not limit the total number of adult theaters which may operate in the City, or significantly inhibit viewers from gaining access to the films. The court be- low specifically found the ordinance does not have any "significant deterrent effect on the exhibition or viewing of adult mo- tion picture films) Second, any language "'An enclosed building ,aqth a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to 'Specified Sexual Activities' or 'Specified Ana- tomical Areas,' (as defined below) for observa- tion by patrons therein. "For the purpose of this Section, 'Specified Sexual Activities' is defined as: "1. ltuman Genitals in a state of sexual stimulation or "2. Acts of human masturbation, sexual in- tercourse or sodomy. "3. Fondling or other erotic touching of hu- man genitals, pubic region, buttock or female breast. "And 'Specified Anatomical Areas' is defined as: "1. l.ess than completely and opaquely cov- ered: (a) human genitals, pubic region, (b) but- rock, and (c) female breast below a point imme- diately above the top of the areola; and "2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered." 5. Since we hold the ordinance does not place a substantial burden on First Amendment iy .~t:~jeet to a n'.,-rre,v,':ni~' :~n,.i c~,nstitu:.i~;:~- al}3, strand construction. 'I'l,csc c'onclusi¢:ns accord wi~.h those of the court in l'oung under substantially i¢lentieai circumstances. Appellants' due process claim must there- fore t~e dismissed for lack of stan~ting. B. Prior t",estraint [6] Appellants next argue tl;e ordinance is an impermissible prior restraint on pro- tooted First A~nen~lment at,ouch because it prohibits the screening of no,mbscene filn~s (L e., protected speech) outside the desig- nated zones. As pointed out above, appellan',s make no showing that the market for distribution and exhibition of these films is in fact re- strained under the ordinance. There was testimony at trial that adult movie theaters would easily be able to find a location in the designated zones. Furthermore, although potential viewers would be able to see the films only in those downtown areas, there, is no evidence that this places any burden on the adult movie market. Under these circumstances, where there is no restraining effect on the market, and no substantial deterrent effect on individual rights of free speech, the City's most impor- tant interest in regulating use of its proper- ty for commercial purposes is clearly suffi- cient to justify the zoning regulation here. We conclude the zoning regulation of Iota- tioa of adult movie theaters is a reasonable regulation of place for First Amendment speech which does not violate First Amend- meet freedoms. See Young, 427 U.S. at page 63, 96 S.Ct. 2440. The different treat- meet accorded adult movie theaters as dis- tinguished from other types of movie thea- ters is a different issue, which we discuss next. speech, no presumption of unconstitutionality is raised. Appellants' argument the ordinance is presumptively invalid must therefore be re- jected. Nor must the City choose the i,ast restrictive alternative available to accomplish its purpose, as alleged by appellants, since there is no substantial burden on free speech. Four of the justices in You.g reasoned that society has less interest in protecting sexually C. ('ia:;si."','ati.~:~ ba~ed o.q Con:cot [71 The fi:;al objection made to :.he stitutionaiil, y of the zoning scheme is that classifies theaters on the basis of the tent of the films shown, and treats ada movie theaters differently from other the; ters showing films protected by the Fir. Amendment. This. appellants claim, vk lares Imt.h the First Amendment and eqm protection guarantees. The United States Supreme Court, eoe sidering this argument in Young, departe from trmlitional First Amendment jurisprt denee and upheld both the classification films based on sexually explicit content an the different treatment accorded the thee ters showing them. The majority in Your. did not reach agreement on a rationale fo this result, but two elements appear to hay, been dispositive. We find those element preseat here, and are persuaded the Seatti, scheme does not deny or infringe on th, rights of free speech and equal protection The first element is that the ordinane, has only a slight and neutral effect protected speech. No real restraint or de. terrent effect is evident. The ,.0rdinane¢ regulates only the place where these film., can be shown. It demonstrates a reasons. hie decision that the public welfare is beat served by having this particular type ot speech take place only in certain areas the community. The ordinance thus re- mains neutral regarding the content of the films--it neither approves nor disapproves of that content, and neither promotes nor inhibits exhibition of the films? The second element is the City's great interest in protecting and preserving the quality of its neighborhoods through effec- tire land-use planning. The record demon- explicit expression than other types of protect- ed speech. This reasoning is not esser, tial to the result reached, and we do not adopt it as the basis for the result reached here. We note, moreover, that our decision is confined in its effect to regulation by zoning of sexually ex- plicit speech in fihns under the particular cir- cumstances of this case. on Can t,'nt magic to the con- 5 scheme is that it basis of the con- and treats adult frorn other then- 'ted by the First :lants claim, vio- ;dmcnt and equal reme Court, con- Youn.g., departed :ndmcnt jurispru- .' classification of pli¢it content and :cord. cd the thca- ~ajority in Young' n a rationale for cs appear to have ! those elements laded the Seattle infringe on the equal protection. at the ordinance · :utral effect on : restraint or de- ?be ordinance · 'here these films .:rates a reasona- c welfare is best .rtieular type of certain areas of :inance thus re- :e content of the nor disapproves er promotes nor ilms.s the Ci,y's great preserving the s through effee,- e record demon- r types of protect- is not essential to 1o not adopt it as ed here. We note, ~s confined in its ~g of sexually ex- the purticular cir- ,, ~ t!EN'*'~ CINEMA, IN(:. v. (:I?'f OF SEATTLE Cite as, ~'aM~., 585'F.2d 1 stratos tl~e City's sincere ~nd sustaine{l cf- fort to enhance and impr,,'. ,., the quality of 1~% in Seattle. Z:~ning is an extremely im- lmrtant too! for achieving lan{l-use goals in a municipality. See Villa~e of Belh. 7k'rre v. Boreas,-116 U.S. 1 94 S.Ct. 1536, ~ l~.Ed.2d 797 (1974). Thus, "the City's inter- esl in attempting to preserve the quality of Ill'ball life is one that must }.}c accor~tc~l high respect." Younassupra, 427 U.S. at 71, 96 S. CL. at ' ~' We emphasize that the lmrlmse of the ordinance is not to regulate the content of speech. Contrary to the assertions of the atq)ellants, the ordinance is not a {lisguised form of censorship. The record is relfiete with testimony rt'garding t}m effects of adult movie theater locations on residential neighborhoods. The evidence is more than adequate to suI~port the finding below that the goal of the onti,utnee is to preserve the character and quality of residential life in the City. [8] The choice of methods for locating t:dult movie theaters, that is l.o concentrate them in the business areas of the City rath- er than disperse them (as did the Detroit ordinance), is not of constitutional signifi- cance. The City's planning effort must be accorded a sufficient degree of flexibility for experimentation and innovation. Young, supra at 71, 73, 96 S.Ct. 2440. We cannot substitute our judgment of what would be the most effective method of reg- ulation in this regard. It should also be noted that the majority in Young specifical- ly approved the concentration ~nethod. Young, supra at 62, 71, 96 S.Ct. 2440. [9] Nor do we find it significant that the Detroit ordinanee upheld in Young had a provision allowing waiver of the ordi- nance restriction while the Seattle ordi- nance does not. Our conclusion that the City may regulate the location of adult movie theaters is not dependent in any way on the existence of possible waiver for ex- 7. The City also asserts an interest in protecting children as a justificati~m for the ordinance. This interest alone will not support a classifica- tion based on ~he content of .qpcech. Erznoz. nik ~: Jacksom,iih,, 422 U.S. 205, 213, 95 S.Ct. wash. 1159 i:~ting theater locations. Tile Detroit waiv- er provision likewi:,'e played no part in the reasoning of the rn:tjority in Young.. Nor is there any showing the appellankq are consti- tutionally entitled to exemptions from the zoning restriction in this particular ease. Appellants therefore fail to show any eon- stitutional deficiency in this regard. We conclude the City's paramount inter- est in protecting, preserving, and improving the character and quality of its residential neighborhoods is sufficient to justify this nonediseriminatory zoning regulation of the location of adult movie theaters.? We find no violation of Pirst Amendment or equal l~roteetion guarantees. We therefore turn to the final issue presented, the constitutionality of the pro- vision for termination of nonconforming uses within 90 days. II Appellants contend the 90-day termina- tion provision denies them equal protection in that no other nonconforming use must be terminated in such a short period, and de- nies them due process by erecting an eeo- notate hardship outweighing the public ben- efit to be gained by termination. [10] With regard to the equal protection argument, appellants fail to show they are similarly situated with other nonconform- ing users. This is particularly evident be- cause the calculation of a reasonable termi- nation period, as discussed below, depends on the facts and circumstances of the par- tieular case. Since each case must be deter- mined on its own merits, the equal protec- tion analysis does not apply. [I1] In Seattle v. Martin, 5,1 Wash.2d 541, 849. P.2d 602 (1959) this court recog- nized the power of a municipality to require termination of nonconforming uses within a reasonable perio~l-~f time. We adopted a balancing test to determine the reasonable- 2268, 45 L. Ed.2d 125 (1975). We recognize, however, that the particular needa of children are a significant element in determinin§ the quality of urban residential neighborhoods. ness of Ibc termination pcrio(t, that i. whether the harm or hardshit~ to tile user outweighs the benefit to the pul~lic to be gained from termination of tile use. Seat- tie v. Martin, supra at 544, 342 P.2d 602. As pointed out above, this test i; applied on a ease-by-case basis, looking to the circum- stances of each nonconh~rming user. Ap- plying this test to each of the al~pellants here, we conclude tile 90-day termination period is not unreasonable and does not deny appellants due process of law. Northend Cinema, Inc. has the license to operate the Northend Theater. The evi- dence at trial showed the owner and lessor of the building ia an officer of the corpora- tion. The leasing arrangement is thus very informal and may be characterized as ter- ruinable at will or on short notice by the parties. Therefore, Northcnd ia not bound by any lease obligation to remain at its present location. Nor is it bound by its lease or its license to show adult films as opposed to any other type of film. Fur' thermore, whatever costs it has expended for improvements to the building or neces- sary equipment have either been completely recovered through depreciation or were con- templated to be left as property of the lessor. Gaiety Theaters, Inc., operator of the Ridgemont Theater, is similarly situated. Its lease is the individual obligation of its president, and does not bind the corporation to remain at its present location. It is not bound by its lease or its license to show adult films. Furthermore, it has expended no funds on physical improvements. Apple Theater, Inc., is the lessee and op- erator of the Apple Theater. Apple entered into a new 3-year lease just prior to adoption of the ordinance, and while public hearings were being held on thc proposal. It is not obligated by its lease, or by its license, to show adult films. Furthermore, all costa it has expended in improvements to the building or necessary equipment have either been recovered through depreciation or were contemplated to be left as property of the lessor. In the face of '!:ese facts, tim court belt f:,und aPl~::llanL~ had not come forwa~ with any clear evidence of economic har~ The main thrust of their objection, th: simply having t'~ move to another locati~ or show a different typo of film is subs~. l.ial economic harm, is unsupported by ar clear evidem~e. The court had a right conclude that aplmilants' allegations th~ will suffer economic harm were speculati~ at best. The record thus aup~rL~ the lng of the court below that Northend Gaiety will incur no economic damage, an Apple will incur no clear economic damag by enforcement of the onlinan~. The public benefit to ~ g~ned hy term nation, we have said, is a step toward eo~ trolling deterioration of City neighborhomi. and toward productive land-use planninl This benefit is well suplmr~d by the mcor~ We conclu~ie the benefit to the publi through termination of these uses within 9 days outweighs the harm appellan~ wi~ sustain thereby. The termination pefi~ i reasonable, and appellan~ have suffered violation of due proee~. We are mindful that this or~iinance wa. p~sed in 1976. A temporary injunctim against enforcement of the zoning restric tions pending this appeal has allowed appel lan~ to continue normal business operation: in the intervening months. Much mo~ than 90 days' time has elapsed. Appellan~ have therefore had mom than ample tim~ to prepare for the contingency of having terminate their present adult movie theater uso. The temporar7 injunction is dissolved and the judgment below is affirmed. WRIGHT, C. J., ROSELLINI, STAF- FORD, UTTER, BRACHTENBACll, DOL- LIVER and HICKS, JJ., and PRICE, J. pro tern., concur. ,Stnpctubs. ~ .... ~, .... Stripctubs According to Strippers: Exposing Workplace Sexual Violence Part 1, Typical Activities © Kelly iIolsoPple, 1998 !~ o I_s o ¢}{} 2 ~.te._um ~..~_: e_d.u Kelly Holsopple is a co-founder of the Me..trop_o_!jt...a.n _C._o_.a..li.ti_o.n.. Ag~inst.P!'0.st. itut. ion in Minneapolis, Minnesota. Currently, she is a Program Manager for the Freedom and Justice Center for Prostitution Resources, Volunteers of America, Minnesota. She is the author of P.i~.n_ps_,..T_ricks_..ag)..,.d__F__e. nainists. INTRODUCTION The purpose of this paper is to investigate women's experiences in stripclubs and to describe the activities in stripclubs from the women's point of view. The format approach is collective story narrative with the author as part of the Collective voice. The research was inspired by the author's experiences in stripping over the course of thirteen years. The author's intention is to examine the conditions of stripclubs by describing the fundamental xvay stripclubs are organized. The description features bar activities focused on stripper-customer interactions, survey data on sexual violence in stripclubs, and women's thoughts on stripping. THEORETICAL FOUNDATION Stripclubs are popularly promoted as providing l.~armless entertainment and as places where respectful men go to watch and talk to women (Reed 1997). Stripclub customers are described as normal men who use stripclubs to avoid adultery and therefor fi~ti a safe outlet for their sexual desires in balance with their marital commitments (Reed 1997)..In contrast, stripclubs are criticized for being environments where men exercise their social, sexual, and economic authority over women who are dependent on them and as places where women are treated as things to perform sex acts and take commands from ~llen (Ciriello 1993). Stripclubs are or,.zanized~.~ accox'di~(,= to gender and reflect gender power dynamics in greater society. "Gendered spaces are social arenas in which a person's gender shapes the roles, statuses, and interpersonal dynamics and generates differential political and economic outcomes and interaction .e.xpectations and practices" (Ronai, Zsembik, and Feagin 1997'6). Stripclubs are more specifically organized according to gender inequality, which is perpetuated by gendered spaces and consequently sexualized (ROnai, et al 1997). The typical stripclub scenario displays young, nude or partially nude women for fitlly clothed male customers (Thompson and Harred 1992). The entire analysis of stripclubs is located within the context of men's domination over women. When organizations are produced in the context of the structural relations of domination, control, and violence, they reproduce those relations (Hearn 1994). These organizations may also make explicit use of gendered forms of authority with unaccountable and unjustifiable authority belonging to men (Heam 1994). The stripclub elicits and requires direct expressions of male domination and control over women (Prewitt 1989). In order to dominate or control and secure mt.~'s domestic, emotional and sexual service interests, male dominated institutions and individual men utilize violence (Hanmer 1989). Furthermore, male dominated institutions and individual men "forge alliances and strengthen the notion of group masculinity and power through forced access to the female body', (Brownmiller 1976:211). Stripclubs turn acts of violence against women into entertainment and enterprise for men. Men associated with stripclubs use force and coercion to establish sexual contact with women in stripping and inflict harm upon the women. Violence against women is identified as physical, sexual, e~notional, verbal, and representational, but all violence fi'om men against women should be understood as sexual violence (Heam 1994). This definition and the concept of a continuum are useful when discussing sexual violence, especially in stripclubs. Continuum is defined as a basic characteristic underlying many different events and as a series of elements or events that pass into one another (Kelly 1987). The common underlying element in stripclubs is that male customers, managers, staff, and owners use diverse methods of harassment, manipulation, expl:';~tation, and abuse to control female strippers. LITERATURE REVIEW Despite a substantial amount of' research on the topic of strippers, stripping, and stripclubs, none focuses on sexual violence in stripclubs perpetrated httlJ:llwww.uri.edu/artsci/wms/hughes/stripc 1 .hr m 1/14/200 ,Smpciubs, ...... ' '- against strippers. Iilstead the sI~dies focus on sociological and psychological profiles of the v,'c, rnen and the wome"~'s strategies for interaction with ct~sto~ners. Articles that £ocus on the women investigate the cultural space of' the female ~ude dancer, her perforrnance and auxiliary roles, test identity theory within the socially devalued role of the exotic dancer, and explore the effect ol'self-discrepancy on stripteasers' emotional stability (Forsylh and Deshotels 1997; Reid, Epstein, and Benson 1994; (Peretti and O' Connor 1989). Other articles about the women are concerned with contingencies for women's initiation and commitment to the deviance of striptease a~d xx'ith techniques topless dancers use to manage the stigma of a deviant occupation (Skipper and McCaghy 1970; Thompson and Hatred 1992). Studies focused on stripper and custorner relationships analyze counterfeit intimacy utilized by strippers and customers in interaction and perlbrmance and compare stripper and customer interactions with mainstream negotiation and sales strategies (Boles and Garbin 1974; Enck and Preston 1988; Ronai 1989) Although most studies mention male sexttal violence and exploitation, fl~e research regarding stripping fails to investigate and account for the problem of sexual violence in establishments that feature female strippers. The gap is the rationale for my study. METHOD Data for this research were obtained through interviews, a survey, and the researcher's participant observation ',vhile involved in stripping (Berg 1998; Babbie 1998; Lofland and Lc, fland 1984). Women in this study stripped in the local stripclubs in the Midwest metropolitan area where the researcher lives, in local nightclubs in the same area, in metropolitan and rural stripclubs and nightclubs across the United States, at private parties, in peep shows, and in saunas. The stripclubs featured a variety of attractions including topless dancing, nude dancing, table dancing, couch dancing, lap dancing, wall dancing, shoxver dancing, and bed dancing. In addition, some clubs had peepshows, female boxing and wrestling with customers, offered photographs of'the dancers, or i~ired pornography models and actresses as headliners. The study was conducted in two phases. In 1994, I conducted fi'ee'flowing qualitative interviews for one to l'bt~r hours each with forty-one women while I was still involved in stripping and compiled participant observer- notes about the activities in stripclt~bs. The women ranged in age from nineteen to f'orty years old and xx'ere involved in stripping from three months to eighteen years. All ol'the women identified themselves as Caucasian. In 1996. I proceeded to design ~ txx'enty-six-question survey according to themes derix'ed fi'om the intcrvicxx's to investigate sexual violence in stripclubs. My long-time inx'olvemcnt in the strip industry allowed an association with strippers that xx'as invaluable for administering in-depth surveys regarding sensitive issues. The surveys were administered face-to- face to insure the information was indeed fi'om the women in stripping. Again, the surveys and consequent discussions lasted from one to four hours. Many won'ten explained that they had never talked about their experiences so extensively because no one had ever asked them the right questions. Participants were asked to say whether they had experienced different abusive and violent actions in stripclubs, to estimate how often each action happened, and then to identify which men associated with stripcl'ubs perpetrated the action. The categories of men were defined as customer, owner, staff, and massager. Since I exited stripping, snowball sampling xvas employed to recrt~it the eighteen participants for the survey (Babbie 1998). Participants in tl~e survey were asked to pass on postcards to other women. The range of ages was eighteen to thirty-five years old. The age of entry into stripping ranged fi'om fifteen to twenty-three years old, with a mean age of eighteen years and ten months. The length of time the women in this study were involved in stripping ranged from three months to eighteen years with an ax'erage length of six years and seven months. Women predominantly identified tl~emselves as Caucasian. Only one woman identified herself as Hispanic. Twelve of the women described their sexual orientation as heterosext~al, two as lesbian, and four as bisexual. The survey data was analyzed on thc Statistical Program for Social Sciences (Norusis 1988). After the data was compiled, a l'ocu$ group of 4 women currently in stripping and with no prior association with the study positively evaluated the relevancy of the study and approved the collective story (Berg 1998). Statements in quotations througl~out this paper are derived from the 41 interviews and the interviews that often followed the administration of the 18 surveys. '--~- PART 1' 'FYPICAL STRII'CI~Ull ACTIVITI.E..S Recruitment · · -- Women find out about stripping fi'om a variety of sources. Upscale .. stripclub fi'anchises recruit in new cities by having managers and imported dancers scout in nightclubs. Most women find out about stripping from girlfi'iends already in stripping, ~nale associates, the media, and some from htlt~://www.uri, edu/artsc i/win s/hu ghes/stri pc I .ht~n ..~ 1/I4/200 Stnpclu~.s, :.~.-. ~ prior involx'emenr in prostitt~tiOl~. ©ne woman told how she loitered in and around urban stripclubs to i~.ick up customers when she was fifteen and how her pimp ex'entually drove l~cr tt~ s~nall town strip bars because these bars admitted her and hired her. Someo~e else got involved in stripping through an escort service for bachelt~r p'trtics. Another young woman who went to a gentlemen's club to pick up her fi'icnct recounted her recruitment as an eighteen-year-old. She v,'aitcd at tlac bar, was served alcohol, and the owner asked to check her I.D. Instcad {>1' censuring her for drinking, he told her she would make $1000 per weelc and pressured her to enter the amateur contest that night. She won the contest, $300, and worked there three weeks before being recruited into an escort service by a patron pirnp. In a typical hiring scenario won~en respond in person to a newspaper ad promising big money, flexible l~ot~rs, no experience necessary. As an audition the club manager asks the applicants to perform on amateur night or bikini night, both of whicl~ are particularly popular with customers who hope to see girl-next-door types x'atl~er than seasoned strippers. The manager will make a job ol'l'er based on physical attributes and number of women already on the schedule. Clt~bs portray the job requirements as very flexible. Women are told that they will not be forced to do anything they do not want to do, but clubs ox'erbook xvomen so they are forced to compete with each other, often gradt~ally engaging in more explicit activities in order to ean~ tips (Cooke 1987). Working Conditions Women in stripping are denied legal protection relating to the terms and conditions under which the3, earn tl~eir livings (Fischer 523). Most strippers are hired to work as indepe~dent ct~.ntractors rather than employees. Most strippers are not paid a wage (Mattson 1995), therefor their income is totally dependent on their compliance with customer demands in order to earn tips. More often than not, tl~e strippers have to pay for the privilege of working at a club (Cooke 1987; l;'orsyth and Deshotels 1997; Prewitt 1989). The majority of clubs demand ii,at women mm over 40 to 50 percent of their income fol' stage or couch ,'ental and enforce a mandatory tip out to bouncers and disc jockeys (F_.ncl, a~d Preston 1988; Forsyth and Deshotels 1997). Usually a minirnurn shift C'lUt~ta is set and the women must turn over at least that quota amount. 11' a wo~an does not earn the quota and wants to contint, e working at the est~tblish~ent, she owes the club and must pay off that shift's quota by adding it to the quota for'the next shift she will work. The stripclubs may also derive inct~me from promotional novelty items, kickbacks, door cover charges, beverage sales, prostitution, and capricious fines imposed on the womet~. As intlependent contractors, strippers are not entitled to lile discri~ninatio~ cl.ti~as, receive workers' compensation, or unemployment benefits (Fischc~' 1996; Mattson 1995). Club owners are free ,,' 'lo s and to~'t lia!, . from tax obli=at n ility Oxx'ners pay no Social Security, no health insurance, and no sick prty. Some club owners require strippers to sign agreen~ents indicating tl~at the;' are v,'orking as independent contractors and many clubs require wo~en to sign a xvaiver of their right to sue the club for any reason. Although strippers are classifietl as independent contractors, the reality of their relationship to their superx'isors is an e~T~ployee-employer relationship. Regardless of the agreements clai~ning independent contractor stares, clubs maintain enormous control over thc women. The club controls the schedule and hours, requires strippers to t,ay rental fees, tip support staff large amounts, and even sets the ;~ricc o1' table dances and private dances. Clubs have specific rules about costu~ing and even dictate the sequence of stripping and nudity. For examl:le, by the middle of the first song the w. oman must remove her tot~, sl:e must be entirely nude by the end of the second song, and must peril)tm a nt~de floorshow. All this regardless of whether cu'stomers are tipping l'..er or not. A club may further influence dancers' appearances by pressuring them to shave off'all their pubic hair, maintain a year-long tan, or under,,o= surgery for breast augmentation. At nude clubs, it is common for thc performers to be shaved clean, giving them an adolescent and even chiltllikc al~pearance. Clubs also exert significant con;roi over the strippers' behavior during their shifts by regulating xvhen xx'o~ncn n~ay use the bathroom and how many of them can be in the dressin,,.., roo~n at one time. Some clubs do not provide seating in the dressing roon'~ antl fo~'bid smoking in that room, thus preventing strippers from taking a break. When a woman wants to sit down or smoke a cigarette, she mttst rio st> on the main floor with a customer. Clubs enforce these rules tl~rou.v.:h lines (Cooke 1987; Enck and Preston 1988; Ronai 1992). Women are fined heavily by club management: $1 per minute for being late, as mt~ch ~s $100 for calling in sick, and other arbitrary amounts for "talking back" to customers or staff, using the telephone without permissi~n, and touching stage mirrors. Women are fined for flashin,,=, prostitution (E~ck :l~ltt Preston 1988), taking off'their shoes, fighting with a customer, bcino,., late on stage, leaving the main floOr before the DJ calls her off, not casi~ing i~ one dollar bills, profanity in music, being sick, not cleaning the clressi~g room, using baby oil on stage, dancing with her back to a customer' (E~cl< :tnd Preston 1988) and being touched by It customer. Despite the stripclub's repn:sentation of a dancing job as fleXible, strippers attest that their relationship xvitl~ ~!~¢ club becomes all consuming and everything associated with I)ein!; ~ stripper interferes with living a normal htlp:llw~m~.uri.edu/artsci/wms/hughes/stril~,.: l .h ! :n '~-1/14/20( life. And despite the cen,,m(,t~ t,..crcct.~tion that a woman can dvnce her way through school, many stript~ers ~'el:c)rt that their jobs take over their lives. Long and late hours, fati,,t~c.~ drtt,,....., and alcohol pro!.~lems, and out of town bookings make it difficult t,~ sxx'itcl~ gears. Not only do the women si~end a significant amount of their ti~n¢ i~ stripclubs, the activities and influences from the club environment pern~e:~te their personal lives and detrimentally effect their well being. Althougl~ stripclubs are considered legal forms of entertainment, people unass,'.)ciated with the industry are unaware of the emotional (Peretti and O'C(~nnor 1989; Ronai 1992), verbal (Mattson 1995; Ronai 1992), physical (Boles a~d Garbin 1974), and sexual abuse (Ciriello 1993; Ronai 1992) inherent in tl~e industry. Despite claims from management that customers are prohibited fi'om touching the women, this role is consistently violated (Enck and Preston 1988; Forsyth and Deshotels 1997; Ronai and Ellis 1989' Thompson and Harred 1992). Furthermore, stripping usually involves p~'ostitution (Boles and Garbin 1974; Forsyth and Deshotels 1997; Prewitt 19,q9; l',',oaai and Ellis 1989; Thompson and Harrod 1992). Stripper-Customer Intera"tions Main Floor Stripclub activities are offe~'cd i~ public spaces or private rooms or other isolated parts of clubs (Forsyth a~d Deshotels 1997). The typical stripclub scenario presents young, nu(.le or partially nude women mingling with fully clothed male customers. They circulate through the crowd, encouraging men to buy liquor, drinking [tt~ct t:llking with men, and soliciting and perfon'ning a variety of prix"tte cla~ces (Prexvitt 1989; Ronai and Ellis 1989). Women describe their role in the stripclub as hostess, object, prostitute, therapist, and ten~porary girlfriend and say they are there to entertain and attract men an,:l busi~ess for the owners. WOmen who work at small :;trip joints say they can hang out, order in food, and play pool during their s!~if't's. ()n the {~ther hand, women who work at gentlemen's clubs have to l~t~stlc l:hotographs and drinks and are required to sell promotional T-sl~irts, c,~lcntlars, and videos. They can be mandated to sell the iten~s with private tl:~nccs. For example, the dancers buy T-shirts from the house mom fbr $8 :~lci sell them for $15. So for $15, the customer receives a T-shirt and 2 $1(' table dances. Strippers at gentlemen's clubs are further informed by managc~ne~t that they are not allowed to buy their own drinks, that they have to be .sitting with customers, and can never turn down a drink, even when their dri:~ks ;trc full. Stage Women report dancing on st:xges :ts cheaply constructed by laying plywood on the benches ofres'taura~nt bootl'~s to stages covered with kitchen linoleum to wood parquet or marble stages in a few upscale clubs. Some stages are elevated runways so narroxx' tl~at strippers say that cannot get away from customers on each side toucl~ing them, especially when they are ~kneeling down to accept a tip in the :;/de o1' their g-strings/t-bars or when they have their backs turned. Stages c:~n also be sunken pits with a rail around it and a bar for the customers' beverages. During a set, a stripper may do striptease, acrobatics, dance, walk, or squat to display her genitals. Generally the progression for striptease begins tiuring the first song with the woman wearing a dress or costume covering her breasts and buttocks. Over the course of a set of 2 or 3 so~gs she will remove her bra and in nude clubs, her g-string/t-bar. Some clt~bs feature floorshows in which women crawl or move around on the floor p~sing irt sexual positions and spread their legs at the customers' eye level. Dt~ring :t floorshow, a dancer changes her movements fi'orn uprigl~t to !~ositions on her knees and squatting in a crabwalk in order to 'flash' tippit:g customers. "Flashing" is pulling the g- string/t-bar aside, revealing tl~e pt~bic area and/or the genitals. Dancers describe this as "doing a sh{~w" fbr paying customers. Ordinarily, a dancer only positions herself in fi'o~t oF tipping patrons (Prewitt 145). Customers who fail to tip are ignored. ,.'\udie~ce response can be expressed by clapping, hooting, barking, ,.vl~istling, amount of money tipped, or complete silence depending upon tin~,:: of d:ty, state of inebriation, excitement over the musical selection, or th:: appc:trance and abilities of the stripper. On stage, some xvomen's tl~,~t~ght:; wander, while others' focus on angry desperation. "I daydream a/,ottl t~,~th#~g in particular to pass the tone of 12 minutes." "I'm thinking abo:tt ho~, good I look in the mirrors and how good I feel h~ dat~ce movements." "l tel/myself to smile." "I think about getting high and that [ am making/'...;on~' to get high." "I am giving these g~ys every chance to be decent, .,.'o that I don't have to be afraid of them." "1 am filled with disdain for the ~':,.¥tont,:rs who do not tip, but sit and watch and direct you to do things fbi' ~, ~ mo~:ey." "I think of how cheap thes¢ fitckers are, what bills I need to pa.~' " : Private Dance Activities Private dances are usually l':'."rlbr~ned in areas shielded from the larger club view (Forsyth and Deshotci.~ 199"',., Prewitt 1989). As a rule, the private http:llwww, uri.edu/artsci/wms/hughes/stri 1~,.: !. h t~ ~ 1/14/200, · Stripclubs, ?a:': ~ '! '~ ~, · - dance inx'olx'es one f,~::alc .','~;~cc;' and one male customer. Private dances are situations x~'herc women.. :Ire (,,.'ten forced into acts of prostitution in orcer to earn tips (Forsyth ,= ~t l')cshotels 1997; Prewitt 1989; Ronai and Ellis 1989). Men masturbate, c)po~:ly (Peretti and O'Connor 1989), get hand jobs (Forsyth and Deshotel:, 199-), and stick their fingers inside women (Ronai and Ellis 1989). ,,lcd. with Foot fetishes have been known to suck on dancers' toes. A variety of private dances 'irc pr()moted in strip clubs. Table dancing is perfom'~ed on a low coffee ~'tble (~r on a small portable platfonu near the customer's seat. The wom:~:~'s breasts and genitals are eye level to the customer. Couch dancing l'~:t' :t ct~.stomer entails the dancer standing over him on the couch, dangling '~er breasts or bopping him in the face with her pubic area. Lap dancing rc(!,~ires 'he woman to straddle the man's lap and grind against him until he Ki'tcul::tes in his pants. A variation involves the woman dancing between hi,. legs while he slides down in his chair so that the dancer's thighs are rubb'~g l~i.q crotch as she moves. Bed dancing is offered in a private room a~:t re(lt~ires a woman to lay on top of a fully clothed man and simulate s,:xttal ;ntercourse until he ejaculates. Shower dancing is offered in upscalc clubs and allows a clothed patron to get into a shower stall with one ()r m(',"e wo~nen and massage their bodies with soap. Wall dancing requires a stri,,:pcr t.,,)carry alcohol swabs to wash the customer's fingers betbre !:~.' inset'ts them into her vagina. His back is stationary against the wall ~:'~d sl~c is pressed against him with one leg lifted. Peep shows feature s';nttl:~',cd or actual acts directed by openly masturbating custorners. Ct::.:tt)n~:.:rs sit in a private booth and view the women through a glass wi~),'ow. !,ire sex shows involve 2 or more individuals engaging in silq,~tl~ttc( or sexual activity performed behind glass or on a stage. Customers ol-,.'nly ~,~asturbate while watching the show fi'om the audience or through an ,, l)c,ai~:g in a private booth. During private dances wo~-, ~n art. conscientious about their boundaries and safety. "I don't want hin~ to :o~tch me, but I am afl'aid he will say something violent (f I tell him 'no '." "/:t.'as thinking about doingprostitution because that's when customers ~t.,ott,~,/ ln'O!:osition n~e." "I could only think about how bad these guy:v smell tt~.'tl It'3' lo hokt n~y breath." "Is pent the dance hyper vigilant to avoiding ~' ,...'it-/t,,:nds, n~ouths, and crotches." "We were allowed to place towels o~ ~he gt(~'s' laps, so it wasn't so bad." ".[ don't remember becattse it was x(, eath,:rrassing." Dressing Room Women describe a range (',l"ypc:: and qualities of dressing rooms. Strippers are expected to change clt;ti.ilqg 'I'i beer co,.:lers, broorn closets, and public restrooms. Some stripclub ti~'e.ssi~g rooms are nice with lights, mirrors, vanities, and cl~airs, and a~'c C¢luil~ped with lockers, and tanning beds. Other clubs hax'e make-up mirror:, bt~t ~:o chairs or ashtrays to prevent dancers from lingerino=. \Vome~ co~',, . plai~ that t.)o many dressing rooms are down isolated halls or in the basc~'~ents ~>£ establishments and that they have to scream for l~elp when custt~"~crs ;~trude. Some are so damp or filthy that thc women cannot take tlat:i~ sl~oc:q off'. Other dressing rooms are so frigid that dancers carry small spa,'e hc:tters to and fi'om work. The dressing rooms are used to change ct ,.-;tt~r~t:s, drink, do drugs, do hair and make-up, iron costumes, do homex~'{,~-i.:, 10ilt'h about customers, avoid customers, talk about problems, hang out. i~'~ strip joints and rural bars, women lay on blankets or inside sleeping !' 'tgs I:ctween sets and nap and read. The greatest response to q~,,. stio~$ regarding preparation for work was "drink". Women drink xvl~ii:. getti~g ready to go to work and they drink while doing their hair and l~' :~ke-: ~p once in the dressing room. Women who work at nude juice bars th'~t. 1o ~.:':t serve alcohol or at bars that do not allow women to buy their oxvn ¢l~'i'~ks r,~'port that they stop at another bar on their way in and "get loaded", l';:.'wec~ stage sets and private dances, women drink some more, clean tl~c~ ~selx'cs with washcloths or babywipes after performing on a dirty stage ~r bci~g touched by a lot of men, apply deodorant, and perfume tl~:'~' brc:~sts and genitals. ..S_t_..rjp.c.-..[u_[~s, Part 2. Survey Data htlp:llwww.uri.edu/artsci/wms/hughes/stril~.. 1 · 1/14/200. Stripclubs According to Strippers: Exposing Workplace Sexual Violence Part 2, Survey Data © Kelly Holsopple, 1998 h o Is o0()2 (d"! c. t~ n~n. cfi u PART 2: SURVEY DATA One hundred percent of the eighteen women in the survey report being physically abused in the stripclub. The physical abuse ranged fi'om three to fifteen times with a mean of 7.7 occurrences over the course of their involvement in stripping. One hundred percent of the eighteen women in this study report sexual abuse in the stripclub. The sexual abuse ranged from two to nine occurrences with a mean of 4.4 occurrences over the course of their involvement in stripping. One hundred percent of the women report verbal harassment in the stripclub. The verbal abuse ranged fi'om one to seven occurrences with a mean of 4.8 occurrences over tl?e course of their involvement in stripping. One hundred percent of the women report being propositioned for prostitution. Seventy eight percent of the women were stalked by someone associated with the stripclub with a range of one to seven incidents. Sixty one percent of' the women report that someone associated with the stripclub has attempted to sexually assault her with a range of one to eleven attempts. Not only do women suffer the abuse they experience, all of women in the survey witnessed these things happen to other strippers in the clubs. The overwhehning trend for violence against women in stripclubs was committed by customers of the establishments. Stripclub owners, managers, assistant managers, and the staff of bartenders, music programmers or disc jockeys, bouncers, security guards, floorwalkers, doormen, and valet were significantly less involved in violence against the women. According to the women in this study, almost all of the perpetrators suffered no consequence whatsoever for their actions. Physical Abuse Customers spit on women, spray beer, and flick cigarettes at them. Strippers are pelted with ice, coins, trash, condoms, room keys, pornography, and golf balls. Men pitched a live guinea pig and a dead squirrel at two women in the survey. Some women have been hit with cans and bottles thrown fi'om the audience. Customers pull women's hair, yank them by the arm or ankle, rip their costumes, and try to pull their costumes off'. Women are commonly bitten, licked, slapped, punched, and pinched. See Table 1 Frequency of Physical t Table I - Frequency of Physical Abuse A h~eiwp ! l~vor (hr A t I o~¢t A t I o~ct tGr~bbed by arm i78 44 C i 17 C l(3rabbed by Gr~bbed by 194 50 C i33 C , , Bitten i 56 'I 11 C -.- .; ? ~., ..... ~78 tLicked pulled Ptmched Pin'¢hcd ~ &t I ooet &t I ¢' , ,llC t ~ r ~ ....... ~56 28C ~ '6C ;11 C t I I ............................................................ ,. ................................ ; ................... ? ......... ;6M IllC , 6C i ; I .......... r F 28 C ! 17 C ii1 C !22 C ; , 16C ~IIC j i17C ..... ! ..................... - .................................. ;" ......................... r------- 139 .6C 16C !11 C I .,72 6C : ........ ~ ............................................................................ ~..... -~ .... .,~. i 'i ' 172 17c 17c -!~c i;~2c [ ! . , ............. .............. , ........... _.:., ..... ! 11 6C .. ! Spit on i61 6 C 1 · ! . ............ .... .._. [ tu .................. ulledcos me i83 22C ; !6C Ripped costume ~44 6 C · t i6C ............................ ......... ' .... .............. · Throw ice i 61 6 C : 11 C Threw coins 183 i 17 C [ 11 C . ~... :,. ....... , ..... . .................. ~...., t~w .~i'- , 6c .... ! .................. I I .......... Threw garbage .I :39 : 17 C i 11 C ............. .fl .................... . ............... ~ ....... . .......... ~_ ....................... i Threw other 39 17C llC . · 28 llC N = 18 Key' C = customers, O = owners, M = managers, S = staff Sexual Abuse Stripclub customers frequently grab women's breasts, buttOcks, and genitals. Customers often attempt and succeed at penetrating strippers vaginally and anally with their fingers, dollar bills, and bottles. Customers expose their penises, rub their penises on women, and masturbate in front of the women. Women in this study consistently connected lap dances to the sexual al;use they suffered in the club. "That's the first thing men try to do when they get close to you and alu.'ays in a lap dance." Stripclub oxvners, managers, and staff also expect women to masturbate them and some have forced intercourse on strippers. See Table 2 Frequency of Sexual Abuse and Table 3 Attempted and Completed Sexual Abuse. Table 2- Frequency of Sexual Abuse Abusive :~ Ever (by ,~ At Least · At Least Action ; men in ~ Once Every Once Every : stripclub) ~ Day (%) Week (%) ~(°A) · Grabbed breasts .: 94 i 6M: 28C.~ 17C Grabbed ! 89 : 39 C ~ 11 C ~ 39 C buttocks i ! ; : 6 M Grabbed genitals [ 67 [ 17 C { I 11 C Exposed penis to ' 67 i 11 C i 6C I 6 C ~ ' ~ 160 her ~ i ; , ' ............ ~ .............................. . Rubbed penison : 78 i 39C i 22C ~ 6C her i ' ' At Least Once Every Month (%) ; At Least : ;Once I · Every Yea , (%) i l7C ' 17C 6M 60 · 160 ; ,6S . i 17C .................. ~33C .. ; · ~ ................... !22C ~60 · Masturbated in 78 33 C , from of her 6 M · , .. , IIC ~28C N = 18 Key' C = customers, O = owners, M = managers, S = staff Table 3- Attempted and Co~npleted Sexual Abuse Abusive Action : Experienced Attempted : Experienced Successfull ~ Abuse (%) ~ Completed Abuse (%) I ' P,netrate her vaginally with 61 C i 39 f'mgcrs i 6 M ! Penetrate her anally with fingers 33 C i 17 , ! ! Penetrate her with object ~ 33 C ' 11 [60 Forcc her to masturbate him '28C '17 60 Force intercourse on her 17 C . I 1 · N-- 18 Key: C = customers, O = owners, M = managers, S = staff Verbal Abuse Customers, owners, managers, and staff alike engage in harassing namecalli~ Women are continually called "cunt, "whore", "pussy", "slut", and "bitch". Women in this study charge that men in the stripclub called them other demeaning or degrading names like ugly, looser, fat, pregnant, boy, stupid, crack, slash, snatch, beaver, dog, dyke, lezzie, brown eye, hooters, junkie, crackhead, and shit. See Table 4 Frequency of Namecalling Verbal Abuse. Table 4 Frequency of Namecalling - Verbal Abuse Abusive Ever (by , At Least , At Least i At Least Action : men in ' Once Every Once Every ' Once Every i stripclub) - i Day (%) i Week (%) .i l~,onth (%) ~ (O/o) Called "cunt" * 61 ; a8 C ~ 6 C ' 17 C '" ~6M 1 ~d"~lut" ~ 61 i 28 C ~ 6 C i 17 C ~ ~ ~ ~60 - Called "whore" ~ 78 ~' 28 C ~ 6 C : 168 ~ . .. . .....2 ............................. ~ ............................... , Called "pussy" ~ 72 : 39 C · 11 C · 11 C ........ ! I I , : . ............. Called "bitch" ~89 [39C ~ IIC i6C ~22C : ;6S ~60 : ~6M , ~ '6M : .................................... :. ................................... , ............ - ~ ~ r ............... , .................................................. Called other 56 :~ 17 C ~. 6 C ' ' 17 C : 6 C ~ 6 M ......... .' ~ ~ : . ............ - ................................ L .......... - ....... . . · ' At Least Once Ever: Year (%) , . · IIC 6 M IfC · !60 ;6M 6S .IIC , N = 18 Key: C = customers, O = owners, M = managers, S = staff Forty four percent of the women report that men associated with the stripclub have threatened to hurt them physically. These women report fi'mn three to 150 threats during their involvement in stripping. Threats range from verbal threats of slaps, ass whippings, and rapes to physical postures of punching and back hand slapping. "When I wouldn't let a customer grab on me, he wouM call me a bitch and threaten to ldck my ass or rape me." "When a custo:ner grabs and the woman and the girl takes action, they threaten". Stalking Men associated with stripclubs repeatedly attempt to contact the women against their wishes. Strippers are followed home and stalked by stripclub customers. Customers telephone, write letters, send gifts, and follow the women around against their wishes. Won~cn recount stories of catching customers followinl them to fitness clubs, parks and lakes, day care centers, and even lesbian They describe times when customers have broken into their homes and take~ underwear, hairbrushes, and family photographs. Women say that other customers have used their jobs at the telephone company or within the crimi justice system to target the women. The women complain that customers als have followed them home masturbating while driving in the next lane. Worn who travel the strip circuit to rural areas report that customers and stripclub owners, managers, and staff alike follow women from city to city and state t state. Furthermore, local men in small towns harass the visiting women by calling and knocking on the doors of the motel rooms and have been caught peeping in the windows of strippers' motel rooms. See Table 5 Stalking Occurrences. Table 5 - Stalking Occurences Abusive Action Ever (by men in stripclub) : Range ofoccurre i(%) .. Sent her letters against her ~ 28 i 3-100 times wishes : , ! Sent her gifts against her wishes ', 22 .i 2-100 times Called her home against her ~ 39 ~. 2-360 times · wishes Followed her home against her 56 2-500 times wishes ' : .. -,.. ......................... ............................................... ~.. i ...... ~ ............................ ] Followed her to her car against "67 .i 12-500 times i her wishes Followed her around on her 28 i 1-150 times '28 !6-360 times ~ I ! 28 I 1-360 times private time i[Followed her from club to club, city, and state · Other N=I8 Twelve percent of the womerl who reported being followed to their cars further reported that they were robbed (5.6 %), beaten (11.1%), threatened with a weapon (5.6%), verbally sexually harassed (66.7%), and sexually assaulted (16.7%) by customers. A customer who claimed he was in love ~vith the woman followed her to her car, called her a "fucking cunt" and strangled her hard enough to cause blood to squirt from her nec!:. Sexual Exploitation Only a minority of women report that they were asked to perform sexual acts on men associated with the stripclub in order to return to work (11% by owners); as a condition of being hired (11% by managers, 11% by owners); in order to continue working there (17% by owners); in order to get a better schedule (6% by owners); or for drugs (17% by customers, 11% by managers, 22% by owners, 11% .by staff). A majority of the women, however, report they were asked to perform sexual acts on men associated with the stripclub for money (100% by customers, 6% by managers, 17% by owners, 11% by staff). Customers and pimps constantly proposition women (Boles and Garbin 1974; Forsyth and Deshotels 1997; Ronai 1992; Ronai and Ellis 1989). Fourteen (78%) women from the survey report they are propositioned for prostitution every day by customers, three (17%) every week, one (6 %) every year. Women comment that customers ask them "Do you date?" all night long. "b~finite...too many too count." Women say that prostitution is influenced and suggested by management. One woman new to stripping was dumbfounded at how little money she was making taking her clothes off, so she asked the manager for his advice on increasing tips. He suggested turning tricks and said he could help her set up dates. Management sets up tricks, says it is good for business, and obligates women to turn over money from prostitution to the club. Women say prostitution is promoted even though owners tell women they would be punished if they turn tricks. Some stripclubs are notorious for promoting prostitution. "You have to be a 'ho to work there". Women disclosed that they were recruited into prostitution through stripping. Although the strip industry markets stripping as something other than prostitution, some women consider prostitution an extension of stripping and stripping a fonn of prostitution. Pimps season women first with stripping and then turn them out into brothels or escort services for more money. Tricks, sugar daddies, t)imt)s, and druo~ dealers in the strir)club seek to en~a~ze women in pro~titution. Another youn,g, xx'oman said that soon al:er si~e beca~::e inx'olx'ed in stripping, a pimp who posed as a customer in ti~e stripclub manipulatefl l~er into an escort service by promising that she could make more money in less time simply by accompanying businessmen to dinner. She agreed in order to feed her crack addiction and as her addiction increased she slid down from gentlemen's clubs to escort s~ rvice to brothel to street and crack house prostitution. Not only are women in stripping pressured by customers to perfom~ sexual acts on them, owners, managers, and staff pressure the women to perform sexual acts on them, their relatives and associates, on vice officers and police officers. Women explain the pressure could range fi'om being coerced into dancing for the intended with an expectation to put on a real good show with special treatment, extra time, and sexual contact, to engaging in prostitution. Strippers, like other subordinates in worker-management relationships, respond with obedience to directives from management and others with attthority (McMahon 1989). See Table 6 Percentage of Women Pressured for Sexual Exploitation. Table_6 - Percentage of Women Pressured for Sexual Exploitation Recipient i Pressured ~Pressured 'Pressured i Pressured 'Pressured Pressun ~ by by owner : by : by staff by vice by polic~ :customer (%) 'manager '(%) , officer (%) i officer (' Owner's friend Owner's .i ' Owner's business associate Manager's associate , , Customer i72 · Vice officer ~ ' ~ ................... Police officer t ' 17 '! ~ ' ' N=I ................................................................................. ~smpc ,lab~ .-- o Stripclubs According to Strippers: Exposing Wo 'kplace Sexual Violence Part 3, Women's Thoughts on Stripping © Kelly Holsopple, 1998 h o is t ~002 t~.t c., u m n_..e, d_u PART 3' X~'OIXlEN'S Ti-IoU(;HTS ON STRIPPING Money Women in stripping are ox'erwl:clmingly motivated by the promise of wealth or a will to survive (Skit,per and McCaghy 1970; Ronai 1992; Thompson and Hatred 1992). Stripclub owners, managers, pimps and the media portray stripping as a gla~norous way to earn big money fast and use this strategy to lure younr,~ women into stripping. Women in this study report the best part of stripping to be the money. "The only part that keeps me there is the money". At the same time, wor".'2,.~ are trapped and disappointed by the money. "1 hated it...but gt,~d [ had it at the time for the #,come."" Wome~ are redttced to exposing genitals for $1 bills." "It pays the bills.., if we could pqv bilh' ,'mother way we wouM." "The bar owners and manage~.~ent are exp/oitati~.'e, they steal money." "It's hard to get out because of the money." With respect to the money strippers seek to earn, they in turn must pay out 'fines, kickbacks, 100% of their social security insurance and taxes, travel and i~otel expenses, and the costs for costumes, tanning, and plastic surgery. Wt~men report that they have to have the right attitude to make money (P, onai 1992). This ordinarily was described as being drunk, high or numb (Fo~'syth and Deshotels 1997). Others feel it required tolerance. "The ahilio: to ignore customersJbrjust being there." Most women say it is easier wi:on the men are tipping regularly and when they do not have to inten~ct wit l~ men intima,.ely. Women acknowledge that strippers measure their worth at'cording to the amount of tips they earn and that they want attention, accept:tnce, and approval from the customers because it brings money (l':utte~'~nan 1992). Skills Women in stript~ing/'eel it ctoe: ~'t take much skill to be a stripper (Forsyth and Deshotcls 1997; Skipt~cr a~:d McCaghy 1970). "It would be nice to say women need dc~r'e tale~ /~l~! it '.v not true." "Tits, puss).,, and blonde hair is all it takes." Instead they ~'cf'err,_'d to dissociation to abuse. "It takes a willingness ~o do it...an~'/)ody c'~t~.~ do it." "It takes somebody ~'ho can shut themselves q[//"~d be rert/~;:f'a/;,::." "...the ability to take a lot of abuse." They state a stripper needs a gt3t~d head on her shoulders, an open mind, guts, strengtl~, a~d survix:rtl skills. They believe they need abuse counseling, a lifeline fi'om the "outsitlc xvor!d", and education about what's really going on. "Need to k~ow they/::~.,e ol::ions, that they aren't always going to be a 'ho '." Women in strippi~g xvant a union to protect strippers, decent working conditions, ihir treatme~.~., and ~ end to cruelty by management. Lastly, strippers think that womc~ and girls don't know what they are getting into when they first start danci~g. '~1; 's really ha~w~ful because it is so benign, so accepted." "Gi~'Is think/~to'), wi{! have fi#~ dancing and get paid, they have no idea the)' ha~,e to fight ~ten .; hands, and dicks, and tongues, and then fight for eve~y.Jitcking dollar bi:'! you earn." "It was a lot different than I originally t/tott,ght." Men . The women in tl~is study conde~nn the men associated with stripping and the impact stripping has o~ the~'=~ as the worst parts of stripping. Women do not like the xvay customers treat them (Thompson and Harred 1992). Furthermore they say thcy do nt:t like talking to customers, asking men for money, and resent havin'.4 to have to deal with them at all. They find customers irritating becat~se they are drunk and have negative attitudes towards women. Women chara,.'terize customers as scum, psycho mama's boys, rapists and child molesters, old perverted men, idiots, assholes, and pigs. Strippers ~re largely disg~sted by customers and describe them as pitiful and pathetic, stupid and ignorant, sick, controlling and abusive. "They smell'so SOt.ti', th~: /,reat/;e very heavy and kind of wheeze when women are neat'." "The), ,tt'e w~',tk abusers who have to subordinate women and girls to../kel Ii~ce a n~, ~. 1. ee my dad. They're old enough to be my father." "Yttck. [ ant rept,'lxed l~:' the sight, sound, smell, and touch of them." "I'm embat'~'a,v.redJbr the, t." T!'~e women offer insightful evaluations of stfipclub custo~ners. The:.,.: say ti,at these men do not know how to communicate. Moreover. !hey i:erceive that customers are out of control, have power ~ntl abuse pr~!.~lem.<, and will do anything to degrade women because they h:~te women's. Stril,i,ers also state that customers want a free show and thi~l< women ~::'t.: chc',p. In contrast, a few women positively perceived so,nc customc~'.s as n'.:e and added they are thankful to those who tip well. http://www.uri, edu/arts c i/wn ~ s/h u ghes/.s: r i i,c3. !,,~ n 11141200, Stripc :ubs.; \¥'01]1C1'1 ill t.l'liS study un' i~,::btc, '7 deno~ce stripclub o~'ners as pimps and "gloriiied pi~nl~s" and n':.'i:~t:'tin 'hat ow~ers misuse powt:r and are sick. Ti~e women also l'tbel· mana~,,'~'s._, as ;'",imps citin~ that they mistreat women, that they make ex'cry attempt [,~ tak,: money fi'om the women, and that they are sick because they are a£1il':tted '..vith the industry and know the harm they do. Strippers accuse man:tgcrs ~ .f'being threatened and jealous of the money women mal.:c ~d that xx't:~nen '::'e just a dollar to management. Finally, wornen refer to staffmu.,'..;c pro?rammers, doormen, bartenders, bouncers, floorwalkers. ~nd valet t't:.: :van~':'t-be pimps because they always want to be tipped. The x~'o~nen see ::t'.lTas .lerelicts ,,.,,:ho can't get a job anywhere else and who think they are c,.~i fo~' working in a stripclub. Strippers perceive staff as crecl,y ~tnd disres!',ectfi~ and as "looky-lous" who just want to look · at naked wo~en for free. \\~om,.:n criticize staff by pointing out that at least owners are ~aking big n~t,t~ey. ?ew women had positive responses, but those that did l'clt they~,,~,t alon~. well with staff and had no real hard feelings. Clearly strippers' attituclc:-', abo,.~t men are impacted by the activities in stripclubs. \Vo~en say ti:cy dot"t like men and men are worthless. Likewise women belicx'e stripping it~l~ibi,s their ability to be involved in a normal relationship. "/t q/./kcts )'.:.,t:.~' lo~':,life and feelings about men." "Nice boyfi'iends ~'a~ 't handle/,.." "T('..'~ large a percentage of men fit into category of customer ~':~,'l I cio not '.,:wnt :'., hate men." Strippino Women in tl~i:; stttdy ext:~'csse(l :nostly negativism regarding their experiences i~ stripping ,,,';tl~ tl'~.'mes of abuse, deception, drugs, and low self-esteem. "l ~ould ne~'r,:' do/~ again. It was degrading." "No doubt that it led me to p~'oxtitution a~:,/ :~ty l)":np." "Taught me how to control men and gave me a./'a[.s'e ilh.tsion q/"cOttl:'ol. Takes a long time to regain self-control." "Don't do it. O~ce you do it, it ..v hard to get out." "If there is any way you can avoid it...it is hard t.:~ .'..get o~:t once you start." "I wouldn't recommend it. It is too strcs.s.'fitl and I a~ alwc :'.s comparing myself to other women on the outside." "I ~t,i.¥h I had l~til tirOl',' nloIIey alqay and had more education by the time I qttil. [just didt~ '.:/;no' ~, it wash 't about success for us, it was about using us." "I .¥pent my e~t,.i~'e yo.'tng'adulthood being abused. It is hard to undo all this." "Drugs d,.'.:'tt'oye,..; beaut(/i.tl, healthy women." "I blame the men.., it is ali/~ctd. I di&~ '~ !/t[nX' highly of myself while I was in stripping, but I am glatt I got out o/'i,, by standing up for myself" "It is hard to view myself for who [ a,~ and ~:~, accomplishments rather than how I look and attention fl'()lll .~ten. [ ge;: ~Ois.fi','~,'t stripping." Some v~'omc~ exprcssec! '..:..cin~tioI'~ u,'itl~ stripping. "It. has been a~ experience ~).I ',~ /(/Z'ti, ze. ," 'c sec~ e~'er~'thing...some crazy shit." "I have never seen ~h.;~,rs,~. like I/:,.:'e see~ i~. s,'i/)ping. It is u,eird." Still others felt positively ttbc,t~t their ex ~,,.'~'ience. "[fit .~-'asn 't for the money I made at it, ! would have ~zo/hi~g tit,~,,,., .. ,:ow. "It has its ztps and downs, but I ahvays enjoy the music t't~tc/ t/a~cing t.,.'::./ the attention." "I have been extremely fortunate as far as whit/hap/~eneti ,:'.,; .s. trii)ping. It provides a good life, but I look at it as a job, wo~'/; ,/a), .s'hi. fi.~' ~.,.,',tl ~.,o~'k a straight job at the same time." A few women also ttctcrmined i.":'~sitive outcomes for themselves from their involvement i'~ strippin?. "/t se~'ved its purpose as a group for a sense of belonging." "//e[pect nzc: /',.'cog~ize what is right and wrong, and what is right and w~'o ~,'.4./b r me.:' "... !fi. et' surviving it I felt strong." "Stripping distracted n~c./i'o,t nzy t),.../:vo~za/ problems that led me into stripp#zg...no way could I h,'t~'e held n, ,:'.,'~aljob with the problems I had." Above all, wotnen in stri:",,ing reject the popular image of stripping and clarify the cot~mon misl-:.-~-ceptions about stripclubs. "That no one touches you, wome~ c'~.I/oy it, a~,',' ,'; 's okay]br men to go there." "That women actually get to ~'ear a c~ :.~', time and actually get to dance." "That we get sexually arott.ved doing ~:'~ .'.¥." "That men are there to have hannless fun, when they a~'c, ~'eally the/',, ~o abttse women." "That it is a bigparty and that the women ~t:a~t to be th:.'~'e./br some reason other than money, like sex or to meet men o~' because ~/:,..:v are nudists or exhibitionists." "That you are doh'tg thing, v.l.,,)It want to, ' c, doing." "Th. at they are not degrading us because girls ,.'t/~va..vs a~'(.., :.vtiJ. j,ing it with college." "That it is not prostitution." "7'hat it ix-. ':tt~zOt'OttS, fast n'tot~ey, easy work, way to get ahead." DISCUSSIONS AND (" CNCLUSIONS Men associ~ttc¢l with stril,:"lubs use force and coercion to establish sexual contact witl~ ss'omen in .s~',pping, proposition women for prostitution, intentionally i~llict bodii,,' I~arm upon the women, and expose themselves to the women. 'l'l~cse actio~s ;~re prohibited by law, yet when these crimes are committed ~gai~st womc,.~ in stripclubs, the general attitude that strippers deserve wh~tt tl~cy get p~'.'...'.','ails. Women's complaints of abuse are met with contempt and ~t~'e dismis:;.:,..I by owners, managers, and staff. Women are customarily t~icl to ignor,.'.. :~buse and have been rebuffed with "Go bend over and do ).'t~ur.iob" a~,.'; "You have to expect a certain amount of that." In the case ot'wt~e~ in st~'i",i~ing, enduring sexual violence is part of her job description. \'"x:,'~nen in :.:' "' i~ping are expected to endure these abuses, degradatio~s. '~:d humil'..l ions with a smile and a "Thank You". http://www.uri, ed u/artsc i/x x' ! ,.: :.;/l~ t ~ gh es/: ~ ~" I :c 3. h tm · :~..: 1/14/200. Stripclubs ;,; .:."' The degree o i' :-;cxt~al ,,:it,' ":ce perpet,'ated against strippers explodes tt'~e myths abot~t st~'ippi~'~g a,-, 'trmless entertainment. The verbal harassrnen:, physical ai~l :~,:xual abra.',, and financial exploitation women suffer in stripclubs is t'~l~arztlleleti '~ any other legitimate workplace. Women in stripping arc st~bject to :~.' 'OhS that would be perceived as assaultive or a least unwa~tc~t in any o~!~ '~' context or were directed against other women. Stripclubs all:~,a.' men to ',. c and abuse v,,omen in a manner that is not tolerated in a~x, other bt~,. ":ess. The organiz:tt;c,~ and c(,':."tions of stripclubs not only produce and :.'eproduce ge~lcr inequ~' :' y, but facilitate and normalize men's violence against v,,o~nc~. Sexual ,., ',fence has been nonrtalized, institutionalized, and legalized in tl,c stripclub ':'dustry as socially sanctioned male behavior. Stripclubs an~l tl~e ~nen ~. ',,~ciated with stripclubs have turned acts of violence into c~tertainmc'~t and tied male sexual pleasure to victimizing and exploiting. St~'i~,clt~bs arc -:tructured according to male domination and control, and r~:'c inherenti, violent. It is impossible to set up stripclubs without sextt::i violence '~ :~.1 that is reason to challenge the legitimacy of stripclubs. Furore rescarcl~ should :~,.' it'ess men associated with stripclubs and their views on x~'o~'~c~ i~ stripi' .ng and stripclub activities. An exploration of why stripclubs exist, an expl:~t',,tion of'why men go to stripclubs, and a description o 1' l~()w stripe~ ~b owners and government policy establish the tone and cttllt;l'¢ ofstript.'~.bs are also in order. Future research should explore ge~d,:'t' role soci;.:"zation and female strippers' perceptions of sexual haras.,,"~cnt and ,,"..~ence. The definition of sexual harassment should be tested witl,, strippers t.-, 'earn if they perceive actions differently than women in otl~.,.:r xvorkpla,.':.s. In turn, strippers' rights in the workplace must be considereti. Studies Il. ,~sed on women's emotional and psychological response to x'i,.~ience in s'~';pclubs, including drug and alcohol abuse, should be conductett. REFERENCES Babbie, Earl. i998. The ," :.'actice of Social Research. Belmont CA' Wadswortl~ l't~t)lisl~ing ( .. Berg, Bruce. 1998. Qutt;,..:rive Research MethodsJbr the Social Sciences. Boston MA' ..,'\ llyn and !".t:on. Boles, Jacqt~,..',i~e and A. '. Garbin. 1974. "The Strip Club and Stripper- Customer l'~t t~.~'ns of In~.'. ~ction." Sociology and Social Research 58'I 36- 144. Brownmillc~'..<.,~s:tn. 19' '.. ,4gainst Or,' I'I')'ll: Men, Women and Rape. New York NY' S',,~t.~in Book. Ciriello, S:tn~!~. 1993. "C,-.: ~modifi'cation of Women: Morning, Noon, and Night."Pp. '."~ c.4-?_ 81 in7 .,.-. .'~sfo~'ming ~1 l~ape Culture, eds. Emille Buchwald, I",t~cla Fletc!',.'r, and Martha Roth. Minneapolis MN, Milkweed Editions. Cooke, Amber'. 1987. "$~ 'pping' Who Calls the Tune?" Pp. 92-99 in Good Girls, Bad (';,",'/x' l"e,'~i~: ".; and Sex Trade l,f/orkers Face to Face, ed. Laurie Bell. 'l'c~ronto' Se:~. Press. Enck, Grax'cs' i;. and Jan'.,,.:~ D. Preston. 1988. "Counterfeit Intimacy' A Dramaturgic:' i ,\nalysis ,,.'an Erotic Performance." Deviant Behavior 9:369-381. Fischer, Ca~'~'i..-.: l~enson, i '~96. "Employee Rights in Sex Work: The Struggle for 1 "~t~ccrs' Ri?'.ts as Employees." Law & InequaliOc A Journal of Theory ct~,'i /~'actice, ' "521-554. Forsyth, Grail.: and Tina i "cshotels. 1997. "The Occupational Milieu ofthe Nude Dancer." Deviant '~ ,havior 18' 125-142. Futtem~an, ,¥1:~rilyn. 199". Dancing Naked in the Material WorM. Buffalo, NY' Prometl~,.;t~s Books.' 'anmer, Jalna, Jill Radford and Elizabeth Stanko. 1989. I, go,~{':~. ?olicing. ,..,:d Male Viole,.ce: International Perspectives. London' Rob. it Icctg¢. Hcam, Jeff. I'.)94. "The ~' ~'ganization(s) of Violence: Men, Gender Relations, Or,~:tnization:;. 'ind Violences." I~ruman Relations 47:731-754. Kelly, Liz. I t):,17. "The (.', ,~tinuum of Sexual Violence". Pp 46-60 in I~omen, Vio/~'/~ce, and S:. '~al Control, eds. Jalna Hanmer and Mary Maynard..,\ii'tntic Higlai":~ds, NJ: Humanities Press International. Lofland, Jol~: ttnd Lyn 1!. Lofland. 1984. Analyzing Social Settings: A Guide to Q~tct/ilctti~.,e 0/~.;', .'.'ration and/l,alysis. Belmont CA' Wadsworth Publishing C, ,. Mattson, Hci,'i. 1995. l~', League Stripi'~er. New York, NY: Arcade Publishing. McMahon, r,"~ristopher. '~89. "Managerial Authority." Ethics 100'33-53. http://www.uri.edu/artsci/:,.',~::/h ugh cs/.-'i' ': .~c3 .h tm .1/14/201 Sm;:.-lubs. ::.,:-: :. '.'. . Norusis..51:~I-"-t. 19S.S. ~' ..'S/"PC ~- I.,'?.:'; £r'~se?,.'lanua!. Chicago IL' SPSS, Inc. Peretti, Pete.': ). a~d Pat,"~'i,: O'Connor. 19..q9. "Effects oflncongruence Between thc i crccived ~-;.' l'and the Ideal Self on Emotional Stabilityof Stripteasers." .;'ocial Be/t, . .'ior and Personality 17'81-92. Prewitt, Terry., .I. 1989. ": 'i<e a Virgin' The Semiotics of Illusion in Erotic P::rformancc." The ..'t,~:~',. 'tn Journal o. f Semiotics 6'137-152. Reed, Stacy. ' ')97. "All 5':'ipped Off." Pp. 179-188 in Whores andOther Feminists, c<l .fill Nagle. :' :ew York, Nh" Routledge. Reidl Scott ...'\.: .Ionatho~.. Epstein and D. E. Benson. 1994. "Role Identity in a Devalt~ct~ Occttpatio:'. The Case of' Female Exotic Dancers." Sociologica//.'(~cus 27'1..'' 7. Ronai, Carol :,'.ambo ant! 'arolyn Ellis. 1989. "Tum-ons for Money' Interactional ";trategies t,~ the Table Dancer." Journal of Contemporary Ethnograph)' ~ 8:271-2971. Ronai, Cato! ,~.alllbo. 19':' '. "The Reflective Self Through Narrative: A Night in the [. 'l'e ol." an [-..', .'.,tic Dancer Researcher", Pp. 102-24 in Investigati~t::r .:~':tbjectivi(;" Research on Lived Experience, eds. Carolyn Ellis and Nlici~ael Flahe~'t'. Newbury Park, CA: Sage Ronai, Cart'.,i ':,':~mbo, B: :" :~ra A. Zsembil¢, and Joe R. Feagin, eds. 1997. Eve~Tday ?:'c.','.~'.:':~t i~. the ". h"d Milleniu,z. New York, NY' Routledge. Skipper, Ja~,..~ K. and ("~. ~rles McCaghy. 1970. "Stripteasers: The Anatomy a~tl "' - · ' ,..al eer Co~ ngencies of'a Deviant Occupation." Social Problems 17' '91-405. Thompson. ',',"-'illiam E. :~;'..1Jackie L. Hatred. 1992. "Topless Dancers' Managing .q',ti"lr~;.t in a 1'~),' 'iant Occupation." Deviant Behavior 13:291-311. , · . · .. VS. MUNICIPALITY OF ANCHORAGE, Defenda-t. ORDER GRANTING THE MUNICIPALITY OF ANCHORAGE'~ MOTION FOR SUMMARY JUDGMENT AND ~-- DENYING WESTFORK'S MOTION FOR SUMMARY JUDGMENT Introduction and Facts Anchorage Municipal Code (AMC) section 21.24.240 regu!a~es ioca-ions where an adult bus ~.ness, including places offering nude dancing, can operate. Westfork desires to ope.n a strip club in an area that is prohibited by this ordinance. Westfork moves for summary judgment on the unconstitutionality of this ordinance, the Municipality of Anchorage (MOA) moves for summary judgment on the constitutionality Of this ordinance. The justification for regulating adult business is not in dispute. What is in dispute .. is whether AMC 21.24.240 allows for reasonable First ~endment .-. protected expression. Westfork claims that there is approximately 200 acres of land available in Anchora. ge for new adult b..usinesses. For the sake of summary judgment, the ,MOA does not dispute this fact. ..:,.'~.'-" . ~ ..... . ... e.'.-AZask~.~ C~s: ~ ~u ~:'" .:.":'?:";':". '"" - ~ · The lccaticn of an adult balsa'neSs '.may be r=gu~a~ed by ~cca~ goverr, men;~ using time, pla-e, and manner restrictions. The b.ni~ed's~a~es Supreme Cour~ held tha; such time, place, and manner res,-~ ,, ---c~ Ohs mus~ leave oper. reascnab!e a!~erna;ive avenues c: communication ,, - . , 475 U.S. 4!, 53 (1~86) There were no . adul~ businesses located in Renton before their ordinance was ' Passed. The ~ni~e~ States Suprene Court further explained in R~ntoR tha~ reascnable a!terna~ive fcrums existed when adul~ businesses were limited to areas th'a~ were not available for develcpment cr were alread7 occupied by Other businesses. . 53. . Westfork, s Motion for Sununary Judgment . Westfork, s argument for summary judgment is simple.-Westfork claims that under R__enton constitutional ordinances mus~ afford a co~,ercially reasonable number of accessible alterna~±ve · Sites.', Wes~fork, then relying on the affidavit of Mr. London argues that under Anchorage,s ordinance few, if any, commercially ~Westfor.~ does not argue that the Alaska Const±~ution should · offer greater protection than the United States Constitution. .. ~~Z~~ ~ ?.:~'~. :.-. :. .... .... -~ .... e.'~.~: ..... '-". ' '-.. = ~ · · . a~c~,~-,=. ......~..: ........ ...: .~ ':. '.'5;Y7; .7."-] ~." ~' .... .-7~" -.= .... a ~ ~ 0 e S ~ ~ ~ - ~ . ' -.O~-':'.'~:g .....':.: ......... ""- :":.' ' ' '.'.': '.' '.." ' ".' ' ~ · ~ ~ ~ U& ~m requ:,es tha~ an ordinance allows_~: na '~e s~=e=, rather, ' '' -' ' for reasonable alterative av-enues of expression. The language in ~ that Westfcrk relies on explained that in a city where no forums for adult , eXPression e×~sted, the c~ty could not effectively deny a reasonable °P~cr~unity for a business to Open a forum. Anchorage already has avenues for expressio~ th'rough nude dancing. Additionally, a reasonable opportunity to open a strip club is. different from ~'rcvidlng con%merciai!y reasonabie acceptable · sltss. Since Westfork,s motion for sununary judgment is premised on a misreading of Ren_~ton Westfork,s motion for SUmmary judgment is denied. The MOA' s Mo tion For Sununary Judgmen t- The MOA argues that reasonable avenues for adult expression · are available to Westfork.' The MOA points out that the Court in Ren_~ton found that the 520 acres of land available for new adult businesses was ample even when. accepting as true that most of this land was either not available for: new development or was presenEly occupied by oEher lessors. The MOA also points out that Some adult busines§ Sites, including places Offering nude dancing, have been grand fathered even though they conflict with o I : ,! · .~: ~.' .-. :~.. :...: .~ '..~ ... · ... -... ..~ ~ : ....... .. · 2 ~ · ~'.:. ...... ,....-~..:.:.~. s -ar~umen~ Firs~ '-"(~5~":~. ;.'"/..: -'" ....... ~, ~'es:fork- claims ...<: .~:~.?....,.;..~:...... rdi~,.ance is unccns:itutional on ~s face since i~ ~.~2., .,, .., , · ...~ _ , · ~,,. ' ', .",' . .,,.. ,, .." provides only 200 acres of land for new adul~ business cr ,. approximately ~.25% cf Anchorage,s land mass as opposed, to the fac~s of'~entc~ where 5.2% cf Renton's land mass was available , ~or adult businesses. Westfo-k also argues that of the grand fathered adult businesses only three are s~rip clubs, and the remaining business do not offer ample pa~king for a strip club. Finally, Westfcrk argues tha~ of the 2~0 acres of land available for a new adult business approximately 120. acr. es lay southwest of the Minnesota/O'Malley curve in South Anchorage and accordingly , are no~ suitable for development, with the remaining 80 acres in already heavily developed areas. 2The MOA calculates the ratio of adult businesses to Anchorage residents ,and compares this with the .:*atio of adult , businesses in New York City. Westfork calculate the ratio of nude dancing forums to Anchorage residents. Such ratios, are not relevant to whether the ordinance allows for reasonable avenues of expression. t. ~**..:-.:.~:,,~.~.~,.~..-r~..-*~.*-',-...s.**';;,,,.:u ;..*.' -,',-,~f.,...~,~..~.,,~.*-:'- . .-- ' . .. ' '.'... - . ~;**~:~','*'~%*~-":~"."'~."?*:*':'.'9:,: :~ '*.' --' -%:*: '* ?' .:'* %': '* . -: . -.'. ;': .-.," ~ .. ,,~ .... .~ .~.',.'..*~..~..r. ,.-- - o',.- ..'~,-.- · - ~, ~,~..,~ ............. - ............... -T .' ='""' .:". ..... '-',. ". **' '-- *' - .... - *-;.Tt-._ '&., **'.,'"-'~. ':-~* *- '-- '". ~ '; *-* ' °'.-': ~. * · ° ' * ~ - * .... ~?:-:'~':~;:':;'***'*:'::':.': ~ffh~.'-**:.:': :': i:' .:.:".-.-i.:,'-'. -~ · ,. :., ..... , .... .......... . . .'.,~ ..... ....../_.-...~..~- ., ~. · ...... .- ~.... .... .... .-.-. ............ _-t.~': .... 6X'/:$ ~ '.*",:'l *,',--~C,~O"*~e · = ...... .-'.:.. ,-:, .,~o~u_~ s argument tha: a re!ative~v proportlcn of land in Anchorage is av~-~, .,. =~ =u_,e _~= new s'~r~p clubs lacks merit since it does not show that there are not reasonable avenues for protected expression. Westfork, s argument that'most · of the gran~ fathered si~es are not suitable for strip clubs is rejecEed since the First A-~endment protects expression, not Westfcrk's opportunity to open its own adult business. This is especially true since three o.= the grand fathered sites provide avenues for the same expression chat ~';es~£ork seeks to provide. Finally, the Supreme Court in _Rento_n rejected the argument that the available sites were either deve!cped or unavailable for development. This court likewise rejects the same argument made · by Westfork, this court has a stronger basis for doing so since · · in Anchorage there already exists avenues for nude dancing. · Conclusion Westfork, s motion for sununary judgment is denied because it is premised on a misreading of the law. The MOA's motion for · ]The three operating strip.clubs that have grand father rights were discussed in the briefing.. Although not identified in the briefing o~her strip clubs exist in Anchorage. Dated a~ Anchorage, Alaska, Chis ./~~--day cf Nove.~er, 1999 ohn Reese --------- Superior Court Judge "NLC,, National Law Center for Children and Families NLC Summaries of"SOB Land Use" Studies O'ime bnpact Studies by Municipal and State Governments on Harmful Secondary Effects of Sexually Oriented Businesses 1. Phoenix, Arizona 17. c'leveland, Ohio 2. Tucson, Arizona 18. Oklahoma City, Oklaho~na 3. Garden Grove, California 19. Oklahoma City, Oklahoma 4. Los Angeles, California "20. Amarillo, Texas 5. Whittiet; California 21. Austin, Texas 6. Adams Co., Colorado 22. Beaumont, Texas 7. Manatee Co., Florida 23. Cleburne, Texas 8. Indianapolis, Indiana 24. Dallas, Texas 9. Minneapolis, Minnesota 25. "El Paso, Texas 10. Saint Paul, Minnesota 26. Houston, Texas 11. Las Vegas, Nevada 27. Houston, Texas II 12. Ellicottville, New York 28. Newport News,. Virginia 13. Islip, New York 29. Bellevue, Washington 14. New Vork, New York 30. Des Moines, Washington 15. Times Square, New York 16. A:ew Hano~'er Co., North Carolina 3 I. Seattle, H'~tshington 32. St. Croix Co., lqisconsin © National Law Ccntcr for Children and Families 1991, 1994, 1996, 1997, 1999, 2000 3819 Plaza Drive, Fairfax, Virginia 22030-2512 (703)691-4626, Fax:-4669 Phoenix, Arizona Land Use Study Dated May 25, 1979 The study examines crime statistics for 1978 comparing areas which have sexually oriented businesse with those that do not. The results showed a marked increase in sex offenses in neighborhoods with sexually oriented businesses, and also proved increases in property and violent crimes as well. This study is not unique but is unusually significant, in covering the issue of property crimes more extensively. Three study areas (near locations of sexually oriented businesses) and three control areas (with no sexually oriented businesses) were selected. The study and control areas were paired according to the number of residents, median family income, percentage of non-white population, median age of population, percentage of dwelling units built since 1950, and percentage of acreage used for residenti and non-residential purposes. Three categories of criminal activity were included in the study: property crimes (burglary, larceny, at theft), violent crimes (rape, murder, robbery, assault), and sex crimes (rape, indecent exposure, lewd a lascivious behavior, child molestation). On average, the number of sex offenses was 506% greater in neighborhoods where sexually oriented businesses were located. In one of the neighborhoods the number was 1,000% above the correspondin control area. Of the sex offenses, indecent exposure was the most common offense and the largest contributor to the increase of crimes in areas where sexually oriented businesses were located. Even without considering the crime of indecent exposure, the number of other sex crimes, such as rape, lew. and lascivious behavior, and child molestation, was 132% greater than in control areas without sexuall oriented businesses. On average the number of property crimes was 43% greater in neighborhoods where sexually oriented businesses were located, and the number of violent crimes was 4% higher in those areas. · , : The Phoenix ordinance requires sexually oriented businesses to locate at least 1,000 feet from another sexually oriented business and 500 feet from a school or residential zone. Approval by the City Counc: .a. nd area residents can waive the 500 foot requirement. A petition signed by 51% of the residents in the 500 foot radius who do not object must be filed and be verified by the Planning Director. http://www.afa.net/pornography/soblandusesummaries.html ' '1/14/20~ Tucson, Arizon Land Use Study Dated May 1, 1990 OVERVIEW' This report is a memorandum from Police Department Investigative Services to the City Prosecutor describing events and activities at "adult entertainment bookstores and establishments" that demonstrate the need for stronger ordinances. Investigations had been in progress since 1986 following · numerous complaints of illegal sexual activity and unsanitary conditions. FINDINGS: Officers found a wide variety of illegal sexual conduct at all adult businesses. At virtually every such business, employees were arrested for prostitution or obscene sex shows. Dancers were usually prostitutes where, for a price, customers could observe them performing live sex acts. At several businesses, customers were allowed inside booths with dancers and encouraged to disrobe and masturbate. Many times, dancers would require customers to expose themselves before they would perform. Underage dancers were found, the youngest being a 15 year old female. Within peep booths, officers found puddles of semen on the floor and walls. If customers had used tissues, these were commonly on the floor or in the hallway. On two occasions, fluid samples were collected from the booths. In the first instance, 21 of 26 samples (81%) tested positive for semen. In the second sampling, 26 of 27 fluid samples (96%) tested positive for semen. "Glory holes" in the walls between adjoining booths facilitated anonymous sex acts between men. RECOMMENDATIONS' (1) The bottom of the door in peep booths must be at least 30 inches from the floor so that an occupant can be seen from the waist down when seated. (2) The booth cannot be modified nor can a chair be used to circumvent the visibility of the client. (3) EmPloyee licensing procedures that include a police department background check should be put in effect. (4) In the event of a denied or revoked license, the requirement of a hearing before any action is taken. Garden Grove, California Land Use.Study Dated September 12, 1991 OVERVIEW: This report by independent consultants summarizes statistics to determine whether adult businesses should be regulated because of their impact on the community in terrns of crime, decreased property values and diminished quality of life. Statistics were measured from 1981 to 1990, and included crime data and surveys with real estate professionals and city residents. Garden Grove Boulex'ard, xx'hich has seven adult businesses, was selected as the study area. The study incorporated many control factors to insure accurate results. The report includes a brief legal h/story of adult busin, regulation and an extensive appendix with sample materials and a proposed statute. CRIME: Crime increased significantly with the opening of an adult business, or with the expansion ol an existing business or the addition of a bar nearby. The rise was greatest in "serious" offenses (temae "Part I" crimes' hornicide, rape, robbe~% assault, burglary, theft and auto theft). On Garden Grove Boulevard, the adult businesses accounted for 36% of all crime in the area. In one case, a bar opened less than 500 feet from an adult business, and serious crime within 1,000 feet of that business rose mo than 300% the next year. REAL ESTATE: Overwhelmingly, respondents said that an adult business within 200-500 feet of residential and commercial property depreciates that property value. The greatest impact was on singl, family homes. The chief factor cited for the depreciation was the increased crime associated with adul businesses. HOUSEHOLD SURVEYS: 118 calls were completed in a random sample of households in the Garde Grove Boulevard vicinity. The public consensus was that adult businesses in that area were a serious problem. Nearly 25% of the surveyed individuals lived within 1,000 feet of an adult business. More th 21% cited specific personal experiences of problems relating to these businesses, including crime, noi. litter, and general quality of life. 80% said they would want to move if an adult business opened in the neighborhood, with 60% saying they "would move" or "probably would move." 85% supported city regulation of the locations of adult businesses, with 78% strongly advocating the prohibition of adult businesses within 500 feet of a residential area, school or church. Women commonly expressed fear fc themselves and their children because of adult businesses. RECOMMENDATIONS' The report concludes that adult businesses have a "real impact" on everyda) life through harmful secondary effects and makes four recommendations: (1) Keep current requiremen of 1,000 feet separation between adult businesses; (2) Prohibit adult establishments within 1,000 feet c residential areas; (3) Enact a system of conditional use permits for adult businesses with police department involvement in every aspect of the process; and (4) Prohibit bars or taverns within 1,000 fe of an adult business. Los Angeles, California Land Use Study Dated June, 1977 http ://www. a fa. n et/p orno graph y/so b I anduse su mmari es.h tml 1/14/20( .. OVERVIEW- The Department oF City Planning studied the effects of the concentration of sexually oriented businesses on surrounding properties for the years 1969-75 (a time of proliferation for such businesses). The report ~%cuses on five areas with the greatest concentration of these businesses (compared to five "control" areas free of them), and cite~, data from property assessments/sales, public meeting testimony, and responses from two questionnaires (one to business/residential owners within a 500 foot radius of the five study areas and. a second to realtors/real estate appraisers and lenders). Crime statistics in the study areas were compared to the city as a whole. Also included' a chart of sexually oriented business regulations in eleven major cities, details of current regulations available under state/municipal law, and appendices with samples of questionnaires, letters, and other study materials. PROPERTY' While empirical data for 1969-75 did not conclusively show the relation of property valuations to the concentration of sexually oriented businesses, more than 90% of realtors, real estate appraisers and lenders responding to city questionnaires said that a grouping of such businesses within 500-1,000 feet of residential property decreases the market value of the homes. Also, testimony from residents and business people at two public meetings spoke overwhelmingly against the presence of sexually oriented businesses citing fear, concern for children, loss of customers and difficulty in hiring employees at non-adult businesses, and the necessity for churches to provide guards for their parking lots. ...... CRIME: More crime occurred in areas of sexually oriented business concentration. Compared to city- wide statistics for 1969-75, areas with several such businesses experienced greater increases in pandering (340%), rnurder (42.3%), aggravated assault (45.2%), robbery (52.6%), and purse snatching (17%). Street robberies, where the criminal has face to face contact with his victim, increased almost 70% more in the study areas. A second category of crime, including other assaults, forgery, fraud, counterfeiting, embezzlement, stolen property, prostitution, narcotics, liquor laws, and gambling increased 42% more in the study areas over the city as a whole. RECOMMENDATIONS: The study recommended distances of more than a 1,000 feet separating sexually oriented businesses fi'om each other, and a minimum of 500 feet separation of such businesses from schools, parks churches and residential areas. Whittier, California Land Use Study Dated January 9, 1978 OVERVIEW' After experiencing a rapid growth of sexually oriented businesses since 1969, the Whittier City Council commissioned a study of the effeets of the businesses on the adjacent residential and commercial areas. At the time of the study, Whittier had 13 "adult" businesses: 6 model studios, 4 massage parlors, 2 bookstores, and I theater. Utilizing statistics, testimonies, and agency reports, the study compared two residential areas and ibur business arcas over a span of 10 years (1968-i9-7). On residential area was near the largest concentration of adult business~:s, the other had no commercial frontage but was chosen because of similar street patterns, lot sizes and number of homes. For businesses, Area I had six adult businesses, Area 2 had one, Area 3 had three, and Area 4 had none. 1973 was selected as the ),ear to compare before and after effects of the adult businesses. Two chief concerns cited in the report are residential and business occupancy removers and increased crime. OCCUPANCY TURNOVER: After 1973, 57% of the homes in the adult business area had changes o: occupancy, compared to only 19% for the non-adult business area. Residents complained of"excessiv noise, pornographic material left laying about, and sexual offenders (such as exhibitionist) venting the frustrations in the adjoining neighborhood." Citizens also expressed concern about drank drivers comi into the area. Business Area 1, with the most concentration of adult businesses (6), experienced a 134~ increase in annual remover rate. Area 3, with three adult businesses at one location, showed a 107% remover rate. Area 2 (with I adult business) had no measurable change and Area 4 (with no commerci or adult businesses) experienced a 45% ..d_.e_c_re_a. se. in remover from similar periods. CRIME: The City Council looked at the two residential areas for the time periods of 1970-73 (before adult businesses) and 1974-77 (after adult businesses). In the adult business area, criminal activity increased 102% (the e.n..tjr.e..city had only an 8.3% increase). Certain crimes skyrocketed (malicious mischief up 700%; all assaults up 387%; prostitution up 300%). All types of theft (petty, grand, and auto) increased more than 120% each. Ten types of crime were reported for the ._fi_rs. tti_m_e__e_v_er in the 1974-77 period. RECOMMENDATIONS' The Council's report recommended a dispersal type ordinance that prohibits adult businesses closer than 500 feet to residential areas, churches and schools. Distances between adu. businesses was recomrnended at 1,000 feet. In addition, the study proposed a 1,000 foot separation fro~ parks because of their use by citizens after normal working hours. Adult businesses would be given an 18-36 month amortization period (if the change involved only stock in trade, a 90 day period was recommended). Adams Co., Colorado Land Use Study Dated April, 1988 OVERVIEW: This report, authored by Sgt. J.J. Long of the Adams County Sheriffs Department, was designed to accompany a new Nude Entertainment Ordinance. The report covers two parts' first, an April 1988 study of six representative locations in Adams County was undertaken to determine the http:l/www.afa.net/pornography/soblandusesummaries.html 1/14/20£ tran~iency of adult business customers. Second, crime statistics in two Adams County areas featuring adult businesses were gathered for the years of 1986 and 1987. The studv concluded that there was a clearly demonstrated rise in crime and violence, and an increase in the attraction to transients to the area as a result of nude entertainment establishments. This caused a danger to residents and an undesirable model for youth and the community at large. FINDINGS' Adams County features 6 adult bookstores (all but one featuring nude entertainment), I all nude "pop shoppe," 7 massage parlors, 8 topless nightclubs (with liquor licenses), and 6 nude "rap," lingerie, and modeling-type studios (28 locations in all). An April 1988 study of six adult business locations in Adams County, revealed that 76% of patrons were transient. During the time when no adult ordinance was in effect in Adams County (1986 and 1987), 24 crimes were reported in one area featuring two adult businesses. Eighty-three percent of these crimes were linked to the adult businesses. Forty-two percent of these crimes occurred at the location of an all-nude establishment, and sixty-four percent occurred outside the hours of 4:00 p.m. to midnight. During 1987, 28 crimes were reported, 93% of which were linked to the adult businesses, 50% were alcohol-related offenses, and 77% occurred at a single establishment. Finally, 61% of those crimes occurred during hours other than those between 4:00 p.m. and midnight. Crime rates between 1986 and 1987 for another Adams County area featuring three adult bookstores, two topless nightclubs, a bar, a liquor store, and a beer outlet revealed a 15% increase in crime, (i.e., 55 crimes in 1986 as opposed to 63 in 1987). In 1986, 29 of those crimes involved alcohol, while in 1987, 41 were linked to alcohol (a 41% increase). A rural area of Adams County with a single topless nightclub experienced a 39% increase in crime between 1986 and 1987. There was a marked increase in the number of adult entertainment locations opening for business during 1986 and 1987. Further, a check of criminal histories of some of the offenders showed arrests for morals crimes, sexual assaults, alcohol-related offenses, and crimes of violence. A study of armed robbery in one area during the same time period revealed that 66% of all reported armed robberies occurred at the adult bookstores. Finally, seven homicides from 1977 to 1987 were directly linked to adult bookstores and nude entertainment businesses. The 1988 enactment of the Nude Entertainment Ordinance, which was upheld by the Colorado Supreme Court, reduced the number of adult businesses in Adams County to only 14. The Adams County ordinance included the following provisions' 1) restricting hours of operation from 4:00 p.m. to midnight, Monday to Saturday; 2) restricting location of SOBs to 500 feet from sensitive uses; 3) an amortization clause requiring compliance within a six month period; and 4) a public nuisance provision for repeated or continuing violation of the ordinance. Manatee Co., Florida Land Use Study Dated June, 1987 OVERVIEW' This report, conducted by the Manatee County Planning and Development Department examines the ramifications of a proposed adult entertainment ordinance. It depends upon the findings other jurisdictions to forecast the effects of adult businesses in Manatee County. It also examines othe land use studies in order to determine appropriate land use controls for Manatee County'. FINDINGS: The Boston Model of concentrating adult businesses into on "combat zone" has the following advantages: 1) like uses are treated alike; 2) lower administrative costs; 3) control over grox of pornographic uses and the development of specific new uses; 4) no definitional vagueness; 5) apparent constitutionality; and 6) easier evaluation of total public services impact of pornographic use (traffic, limited parking, higher police costs and other effects). Disadvantages of this model center on blighting effect when a central zone is created. It may also attract "undesirables" to one area. The Detroit Model has these advantages: 1) apparent constitutionality (withstood challenge in Young v. American Mini Theatres); and 2) creates a separation zone between other adult businesses and residential areas. Itowever, it suffers from definitional weaknesses. Most jurisdictions have adopted some form of the Detroit model. Other cities have added additional buffer requirements. Studies of secondary effects in other cities (Austin, TX, Indianapolis, IN, Los Angeles, CA, and St. Paul, MN) have examined the impact of adult businesses on property value, crime rates, and incidenc{ of blighting. Based upon the negative findings in these areas, cities have recommended zoning and otl' land use regulations. There are five adult businesses currently in the County. All five are separated from one another by mc than 1,000 feet. None meet the minimum residential buffer distance of 500 feet. - -' RECOMMENDATIONS: The dispersal model ordinance should be considered. The present zoning ordinance should be amended to add buffer requirements to provide distance from 1) residential districts, 2) churches, schools, child care facilities, and public recreation areas, and 3) other establishe{ adult businesses. There should be at least 500 feet of separation between an adult business and the nearest residential zone. A 2000 foot buffer should be established for churches, schools, child care facilities, and recreation areas. Adult businesses should be separated from one another by at least 100(: A one year amortization period for compliance should be considered (as provided in the draft ordinance).' "Sign controls should be considered which still protect a business's freedom to advertise, also minimize public's exposure to such uses." Indianapolis, Indiana http://www.afa.net/pornography/soblandusesummaries.html -' 1114/20 Land Use Study Dated February, 1984 OVERVIEW: After a 10 year growth in the number of sexually oriented businesses (to a total of 68 on 43 sites) and numerous citizen complaints of decreasing property values and rising crime, the city compared 6 sexually oriented business "study" areas and 6 "control" locations with each other and with the city as a whole. The study and control areas had high population, low income and older residences. In order to develop a "best professional opinion," the city collaborated with Indiana University on a national survey of real estate appraisers to detem~ine valuation effects of sexually oriented businesses on adjacent properties. CRIME' From 1978-82, crime increases in the study areas were 23% higher than the control areas (46% higher than the city as a whole). Sex related crimes in the study areas increased more than 20% over the control areas. Residential locations in the study areas had a 56% greater crime increase than commercial study areas. Sex related crimes were 4 times more common in residential study areas than commercial study areas with sexually oriented businesses. .. REAL ESTATE: Homes in the study areas appreciated at only 1/2 the rate of homes in the control areas, and 1/3 the rate of the city. "Pressures within the study areas" caused a slight increase in real estate listings, while the city as a whole had a 50% _d_e.._c_r._e.a.5_e., denoting high occupancy turnover. Appraisers responding to the survey said one sexually oriented business within 1 block of residences and businesses decreased their value and half of the respondents said the immediate depreciation exceeded 10'; ,'.,. Appraisers also noted that value depreciation on residential areas near sexually oriented businesses is greater than on commercial locations. The report concludes: "The best professional judgment available indicates overwhelmingly that adult entertainment businesses -- even a relatively passive use such as an adult bookstore -- have a serious negative effect on their immediate environs." RECOMMENDATIONS' Sexually oriented businesses locate at least 500 feet from residential areas, schools, churches or established historic areas. Minneapolis, Minnesota Land Use Study Dated October, 1980 OVERVIEW' This report is divided into two sections: the relationship of bars and crime and the imp~ of "adult businesses" on neighborhood deterioration. In the study, an "adult business" is one where alcohol is served (including restaurants) or a sexually oriented business (i.e., saunas, adult theaters an bookstores, rap parlors, arcades, and bars with sexually oriented entertainment). Census tracts were u: as study areas .and evaluated for housing values and crime rates. Itousing values were deterrnined by l 1970 census compared to 1979 assessments. Crime rates were compared for 1974-75 and 1979-80. TI study is strictly empirical and reported in a formal statistical manner; therefore it is difficult for laymz interpretation of the data. FINDINGS: The report concludes that concentrations of sexually oriented businesses have significanl relationship to higher crime and lower property values. Other t'l~an statistical charts, no statements of actual crime repons or housing values are included in the report, thus, the lay reader has only the mos generalized statements of how the committee interpreted the empirical data. RECOMMENDATIONS: First, that adult businesses be at least 1/I0 mile (about 500 feet) from residential areas. Second, that adult businesses should not be adjacent to each other or even a differen~ type of late night business (i.e., 24-hour laundromat, movie theaters), third, that adult businesses shou be in large commercial zones in various pans of the city (to aid police patrol and help separate adult businesses from residential neighborhood). The report said "policies which foster or supplement attitudes and activities that strengthen the qualities of the neighborhoods are more likely to have desir~ impacts on crime and housing values than simple removal or restriction of adult businesses." http ://w ww. a fa.n et/porno graphy/s ob landu sesumm ari es.h tm l ' -1'114/201 St. Paul, Minnesota Land Use Study Dated Aril, 1988 (Supplemental to 1987 study) OVERVIEW' 'As a "result of a growing concern among St. Paul citizens that the City's existing adult entertainment zoning provisions, adopted in 1983," did not "adequately address the land use problems associated with adult " " entertainment, the City Council directed the Planning Commission to study possible amendments to the Zoning Code. The Commission's proposed amendment was based on findings made during public hearings. Thc "substitute" "Amendment", adopted by the City Council, is a result of those findings and the findings made by the Council during its public hearings. The 1988 Study includes the findings, addresses the nine key features of the "substitute" "Amendment", and gives the rationale for each. FINDINGS, "AMENDMENT", AND RATIONALE: 1) "[A]dult uses are harmful to surrounding commercial establishments but that significant spacing requirements between adult uses can minimize the harm in zones reserved for the most intensive commercial activity." ' · . .., , . 2) The "Amendment" treats all nine defined adult uses the same. Included are: "adult bookstores", "cabarets " ' ", ", conversation/rap parlors", "health/sport clubs", "massage parlors "mini-motion picture theaters, "motion picture thea' .."es", steamroorn~athhouse facilities, and "other adult uses." Each is detined as providing "matter", entertainment", or "services" which is "distinguished or characterized by an emphasis on the "depiction, description, "display or presentation" of specified sexual activities" or "specified anatomical areas." "Most, if not all, existing statistical studies of the impact of adult uses do not differentiate between different types of adult uses and do not recognize that the land use impact of various types of adult uses is significantly different." "[E]qual treatment is consistent with the emphasis on deconcentration". 3) The "Amendment" set spacing between adult uses at 2,640 feet outside of the downtown area and 1,320 feet downtown. A six-block goal could not be met because or'the necessity to provide a "suffic: land mass". The Phoenix and Indianapolis iand use studies indicate that ":~-.~ negative land use impacl a single adult use extends for up to three blocks". " 4) Distances between adult uses and residential zones were increased from 200 feet to 800 feet "outsi~ of downtown" and from 100 to 400 feet downtown in the substitute "Amendment". The goal of 1,980 feet outside of "downtown" and 990 feet downtown could not be met because of the necessity to prov "enough land and sites tbr potential future adult uses." 5) Distances from "protected uses" outside of downtown were increased from zero to 400 feet and fi'o 100 to 200 feet downtown. Protection for zones "other than residential or small neighborhood busines zones" was "justified" because their populations are "particularly vulnerable to the negative impacts e adult uses." "Protected uses" are' day care centers; houses of worship; public libraries; schools; public parks/parkways/public recreation centers and facilities; fire stations (because of use for bicycle registration and school field trips); community residential facilities; missions; hotels/motels (which often have permanent residents). St. Paul, Minnesota Land Use Study (Continued) 6) Limiting one type of adult use per building was justified by experience with two pre-existing "multi functional" adult businesses, numerous studies by other cities, and St. Paul's own study in 1978, whick documented significantly higher crime rates associated with two adult businesses in an area, and significantly lower property values associated with three adult uses in an area. The 1987 study include, statistics showing that most "prostitution arrests in the city occur within four blocks on either side of concentration of four adult businesses." Other problems included "the propositioning" and "sexual harassment of neighborhood women mistaken for prostitutes", "discarding of hard-core pornographic literature" ("which is "most strongly associated with adult bookstores") "on residential property where becomes available to minors", a "generally high crime rate," and "a general perception" that such an ar "is an unsafe place due to the concentration of adult entertainment that exists there". Redevelopment experience in St. Paul showed that adult use areas caused a "blighting influence inhibiting development". Multi-functional adult uses will attract more Customers which "increases the likelihood that such problems will occur." A "Sex for Sale Image" attracts more street prostitutes and their customers, and demoralizes other businesses and neighborhood residents". 7) AmoUnt of land available for 24 existing adult uses (which includes split-off of two multi-functional businesses with three-four types per business) was 6.5% of the City's total land mass, for a maximum c 44 sites based on "absolute site capacity", calculated without regard for existing infrastructure, or 28 sites based on "relative site capacity" on existing street frontage calculated without regard for existing http://www.afa.net/pornography/soblandusesummaries.html ' - .... 1/14120( development or suitability of land for development. 8) Annual review of the "Special Condition Use Permit" was included in the "Amendment" "to ensure that no additional uses are added to the type of adult use that is pem'~itted." 9) Prohibition of obscene works and illegal activities was included in the "Amendment" to "guard against the conclusion that the Zoning Code permits activities which the City can and should prohibit as illegal." Las Vegas, Nevada Land Use Study Dated March 15, 1978 OVERVIEW: Prior to adopting a zoning ordinance for adult businesses, the City of Las Vegas conducted a survey of businesses, residences, and real estate brokers and agents. The results of the survey are in::luded in this report. Also included in the report: minutes of the March 15, 1978, City Commission meeting on the matter of adding an adult business zoning chapter to the City code; an affidavit from Donald Saylor, Director of the Department of Community Planning and Development for Las Vegas, on the blighting effect of adult businesses; an affidavit from William Powell, Vice and Narcotics detective with the Las Vegas Metropolitan Police Department, on the link between a high concentration of adult businesses and an increase in criminal activity; and an affidavit from Donald Cams, professor of'Sociology at the University of Nevada, Las Vegas, on the problems adult businesses pose for the economic well-being and vitality of a city. FINDINGS. Among brokers and realtors, overwhelming majorities said that adult entertainment establishments had negative effects on ~he market value (82%), saleability/rentability (78%), and rem value (76%) of properties located near these establishments. According to 81%. there is a decrease in · annual income of businesses in the vicinity of adult establishments. Strong majorities reported that a concentratim~ of adult businesses near other businesses (from under 500 feet to more than 1000 feet) negative effects on market values, rental values, and rentability/saleability of residential property. Among surveyed homeowners and residents living near adult businesses, the consensus was similar: adult establishments have a negative effect on the I) neighborhood; 2) business conditions (sales and profits) in the area (2-square block radius); and 3) value and appearance of homes in the vicinity (witl 500 feet). Reportedly, 85% said that their normal living habits had been limited or hindered in some ,; due to the presence of adult businesses in the area. Among surveyed business owners and proprietors, the results were mixed. The majority of respondents did report that adult businesses had a negative effect on homes immediately adjacent to and in the area (500 feet or ~T~ore) of adult businesses. A mojority believed adult businesses had the following secondary effects' complaints from customers (66%), additional crime (58%), and deteriorated neighborhood appearance (58%). Finally, among residents living in areas not located near adult businesses, the consensus was clear: adult establishmen have negative effects on neighborhoods, business conditions in the City, the value and appearance of homes, property values, the amount of crime, and resident transiency. These residents were nearly unanimous (96%) in the belief that their living habits had been limited or hindered by the operation of adult businesses. RECOMMENDATIONS. Adult businesses should be prohibited from locating in residential areas. Th should also be restricted to designated areas and dispersed throughout those designated areas. Adult businesses should be located at least 1000 feet from playgrounds, churches, schools, and parks. Ellicottville, New York Land Use Study Dated January, 1998 OVERVIEW: On April 28, 1997, the Ellicottville Village Board of Trustees and Town Board placed a moratorium on approvals of new sexually oriented establishments. There were four purposes for the move' 1) to allow the community time to study the effects of adult entertainment businesses; 2) "to determine if a regulatory response was necessary;" and'3) "if stronger land use controls were warranted to draft the regulatory changes for the legislative board's consideration." As there were no adult businesses in EllicottvilIe at the time of the study, the report cites secondary effects smd/es in other http ://www. a fa. n e t/p o rn ograph y/s ob I an d us es u mmari es. h tm I 1/14/200~ jurisdictions as a means of forecasting the effects of an Ellicottville adult busincss. The negative secondary effects examined included' economic impacts, property values, fear of crime, and negative impact on community character. FINDINGS: Ellicottville is a community that relies upon attracting tourists. As such, "ti~e atmosphere and aesthetic features of the community take on an economic value." Though active land use controls have been practiced to maintain the look and vitality of the community, currently there are no differentiations made between the regulation of an adult business and, say, a juice bar. To assess potential secondary effects, studies administered in other New York jurisdictions will be helpful. The 1994 NYC Adult Entertainment study found the following: adult businesses tend to cluster in certain areas, a rise in crime is linked to clusters of adult businesses, negative reactions toward adult businesses were common among adjacent business and home owners, isolation of adult businesses limited secondary effects, real estate brokers believe property values are negatively impacted by nearby adult establishments, and adult business signs are often larger and more graphic. Allowing adult businesses to locate within the historic business district would negatively impact Ellicottville's efforts to provide a family-friendly community. Similarly, pemfitting adult businesses to locate near residences would have an eroding effect on "aesthetic qualities" and property values. The type of signage typically used by adult businesses would mn counter to the business district. The fbllowing uses seemed most prone to negative secondary effects' the Ellicottville historic district, places of worship (6 churches in Ellicottville), .:he school, the child care facility, recreation --- parks/areas/playgrounds and public/civic, facilities, and residential neighborhoods. - RECOMMENDATIONS: The Town and Village should adopt zoning regulations that create a land use category, and regulate adult establishment uses, allowing them to locate in industrial zones and the industrial-service commercial district. The establishment of adult businesses should be considered Conditional Uses (requiring approval of a special use permit). Exterior advertising, signs, and , ;-'-~ loudspeakers and sound equipment should be regulated. The following distance buffers should be set for: 500 feet (town) or 300 feet (Village) from residential areas; 1000 feet (town) or 500 feet (Village) from other adult businesses; and 500 feet (town and Village) from a chumh, school, day care center, park, playground, civic facility or historic resource. Definitions tbr adult uses should be added to existing zoning regulations. Islip, New York ..'-"--nd Use stUdy Dnted September 23, 1980 OVERVIEW: This report, compiled by Daniel Dollmann of the Islip Department of Planning, features an analysis of studies and ordinances fi'om other jurisdictions, a case study of an adult business in Islip. research of public outcry against the establishment of adult businc.-.ses in Islip, and a survey by hamlet of adult entertainment businesses in Islip. The study includes a lengthy appendix with news articles detailing the history of the lslip zoning ordinance, letters of complaint from local residents, a historical perspective about the Detroit ordinance, copies of ordinances from other jurisdictions, and a copy of th, proposed Islip zoning ordinance, reflecting the findings in this report. FINDINGS' The study looks at the Detroit ordinance, upheld by the U.S. Supreme Court in 1976, whir restricted sexually oriented businesses (SOBs) from locating within 1,000 feet of other SOBs, and within 500 feet of residential areas. The Islip ordinance is modeled after the Detroit ordinance's approach to disperse SOBs ("anti-skid row") as opposed to creating a "combat zone," which was unsuccessfully attempted by the Town of Islip in 1975. The study notes that the ordinance incorporates "adults-only" definitions in an attempt to avoid First Amendment issues. In determining its distance requirement between adult businesses and sensitive uses, the Town of Islip took into consideration' distance requirements used in Detroit, MI, Norwalk, CA, Dallas, TX, Prince George's Co., MD, and New Orleans, LA zoning ordinances; it's own measurements on an Islip zoning map of several distance proposals; infom'~ation from the local case study; and resident feedback. The study analyzes the problems unique to an area called Sunrise Highway (23% of businesses are adult) and compares the differences between Islip and Detroit, including population size and number of SOBs, to justify needs for greater distance limitations between SOBs. One of the goals of the Town is to protect its historic downtown district and keep it from further deterioration (which occurred in the past due to an increase in multi-family dwellings, transients and bars). The Study noted that limiting SOBs to the Town's light industrial zone woUld be in keeping with this goal. Currently, there is a "dead zone" in one of the healthier pans of the downtown area due to tw{ adult businesses located there. The Study includes a case study of the Bohemia Book Store which was located extremely close to a residential area. In 1980 the store was temporarily closed down by court order, as a result of citizen picketing and subsequent violence against the picketers. The operators of this particular SOB were reported to have associations with organized crime (i.e., mob-operated national pome ring, multiple obscenity charges and convictions) .... RECOMMENDATIONS' the proposed zoning ordinance requires 500 feet between an adult business and residential areas or other sensitive uses, like churches and schools, and a ¼ mile distance between SOBs. The ordinance includes a waiver clause for certain conditions, and an amortization clause. New York City, New York Land Use St'udy http://www.afa.net/pomography/soblandusesummaries.html 1/14/200. Dated November. 1994 OVERVIEW: This study of the secondary impacts of adult entertainment uses on communities in New Yc:'k City (NYC), prepared by the Department of City Planning (DCP), includes' a survey of studies in other jurisdictions, a description ot'the adult entertainment business in NYC, a review of studies previously done in NYC, a DCP survey of the impacts on NYC communities, and maps showing SOB locations. FINDINGS' Recent trends in sexually oriented businesses (SOBs) in NYC show a 35% increase over the last decade (75% of which were located in zoning districts that pem'~it residences). However, since the survey for this information focused only on XXX video and bookstores, adult live or movie theaters, and topless or nude bars, this may be an underestimate of total SOB uses. Also in the past decade the availability of pornographic material has increased, the price has decreased greatly, and the image of nude bars has become more sophisticated or "upscale", contributing to the wide-spread availability of SOBs in NYC. SOBs have continued to concentrate in specific areas, specifically in three communities within Manhattan. Between 1984 and 1993' the concentrated areas of SOBs have nearly tripled; the number of SOBs has increased from 29 to 86 (74% of which were adult video stores - not included in the 1984 survey); adult theaters declined from 48 to 23, and topless/nude bars increased from 54 to 68 (54%). After examining studies from other jurisdictions, this study concludes that the negative secondary impacts are similar in every jurisdiction, despite size of city, variations in land use patterns, and other local conditions. The study specifically examines the negative secondary impacts documented in Islip, NY, Indianapolis, IN, Whittier, CA, Austin, TX, Phoenix, AZ, Los Angeles, CA, New Hanover Co., NC, Manatee Co., FL, and MN, which evidenced problems with "dead zones", declining property values, high turnover rates in adjacent businesses, and higher sex crime rates. Various studies done on the City of New York (including Times Square) showed that concentration of SOBs had resulted in significant negative impacts, including economic decline, decreased property values, and deterrence of customers, and significantly increased crime incidence. Business owners strongly believed their businesses were adversely affected by SOBs. The DCP did its study in NYC boroughs where there was less concentration of SOBs. The negative impacts in these areas were harder to measure, but there was a definite negative perception among residents about the presence of SOBs. It has been shown that negative perceptions related to SOBs can lead to disinvestment and tendency to avoid shopping in adjacent areas - leading to economic decline. Residents reared Potential proliferation of SOBs and the resultant negative impact on traditional neighborhood-oriented shopping areas. Eighty percent of real estate brokers surveyed responded that an SOB would have a negative impact on property values (consistent with a national survey). Residents were also concerned about exposure to minors of sexual images. The DCP concluded that it would be appropriate to regulate SOBs differently from other commercial businesses, based on the significant negative impact caused by SOBs. Sprin,-,.., 1997] ZONING Al ~ I. ii_.T ENTERTA1N^'~ENT 431 ~l'he adult entertainment i~dustry.continues to expand and gain support, resulting in the continuia~g presence of these businesses in our society and communities. Although many legal principles have been asserted to prevent these businesses from visibly operating in cities throughout the United States, most have failed to accomplish this goal. Supreme Court decisions have extended some First Amendment protection to these businesses and have also provided other measures that create difficulty for local governments in com- bating the adverse secondary effects attributed to these establish- ments. Zoning is a valid and useful method of ridding residential communities of these businesses and the secondary effects that are associated with them, but govermnental authorities, judicial bodies, and concerned citizens need to combfl'~e their efforts and resources to successfully win the war against these businesses. New Hanover Co., Nor 'h Carolina Land Use Study Dated Jul.v, 1989 OVERVIEW' This Planning Department report cites several studies and reports outlining adverse economic, physical, and social effects of adult businesses generally and specifically in jurisdictions across the country. While noting that New Hanover County does not currently have a noticeable problem with adult establishments, the report emphasizes the need to institute "preventative" zoning measures to protect and preserve the quality of life. It also offers an overview of common zoning approaches and the attendant constitutional issues. , FINDINGS. I) Municipalities across the country have documented, both empirically and anecdotally, the adverse effects of adult businesses on property values, rental values, neighborhood conditions, and other commercial businesses in the immediate area. 2) Cities have documented a link between adult businesses and urban blight, increased traffic, and light and noise pollution. 3) Studies have linked concentrations of adult businesses to an increase in crime, specifically prostitution, drugs, assault, and other sex crimes. 4) Community reputations and general quality of life are also negatively impacted by the presence of adult businesses. 5) An adult bookstore has been closed and re-opened several times after raids by law enforcement authorities. I't is also reported that a topless dancing establishment may be opened in the County. 6) New zoning regulations would control the establishment of adult businesses near churches, schools, and residential areas. RECOMMENDATIONS' 1) New Hanover should adopt the dispersal (Detroit) zoning approach. 2) Adult businesses should not be permitted to locate within 1,000 feet of each other. 3) Adult businesses should not be permitted within 500 feet of any school, church, park, or residential zone. 4) Adult businesses should only be allowed to locate in designated business and industrial districts, and only by a special use permit. 5) Signs and displays used by adult businesses should be regulated to protect the public, especially teenagers and children, from exposure to ob~:cene material ("any display, device or sign that depicts or describes sexual activities or specified anatomical areas shoul~l be out of view oft public way and surrounding property"). 6) The County Attorney's Office and Sheriffs Department should explore the viability of requiring licensing for adult businesses. 7) Definitions for "adult busin~ establishments," "specified sexual activities," and "specified anatomical areas" should be added to the zoning ordinance. Cleveland, Ohio Land Use Study Dated August 24, 1977 OVERVIEW' This is a Cleveland Police Department report from Captain Carl Delau, commander oft City's vice and obscenity enforcement units and reported by him while he participated in a panel discussion at the National Conference on the Blight of Obscenity held in Cleveland July 28-29, 1977. The topic was "The Impact of Obscenity on the Total Community." Crime statistics are included for 1976 robberies and rapes. Areas evaluated were census tracts (204 in the whole city, 15 study tracts w' sexually oriented businesses). At the time of the study, Cleveland had 26 pornography outlets (8 movi, houses and 18 bookstores with peep shows), their location was not regulated by city zoning laws. FINDINGS: For 1976, study tracts had nearly double the number of robberies as the city as a whole (40.5 per study tract compared to 20.5 for other city tracts). In one study tract with five sexually orient businesses and 730 people, there were 136 robberies. In the city's largest tract (13,587 people, zero pornography outlets) there were only 14 robberies. Of the three tracts with the highest incidence of rap two had sexually oriented businesses and the third bordered a tract with two such businesses. In these three, there were 41 rapes in 1976 (14 per tract), nearly seven times the city average of 2.4 rapes per census tract. CONCLUSION· "Close scrutiny of the figures from the Data Processing Unit on any and every phase, the degree of crime as recorded by census tracts indicates a much higher crime rate where the pornography outlets are located." Oklahoma City, Oklahoma http ://w ww. a fa. ne t/po rno graph y/sob I andus esu n ,marl es. h tm I --1/14/20( Land Use Study Dated March 3, 1986 OVERVIEW' This study contains the results of a survey of 100 Oklahoma City Real Estate Appraisers. Appraisers were given a hypothetical situation and a section to comment on the effects of sexually oriented businesses in Oklahoma City. The hypothetical situation presented a residential neighborhood bordering an arterial street with various commercial properties which served the area. A building vacated by a hardware store was soon to be occupied by an "adult" bookstore. No other sexually oriented businesses were in the area and no other vacant commercial space existed. With less than a one month response time, 34 completed surveys were received by the city. FINDINGS: 32% of the respondents said that such a bookstore within one block of the residential area would decrease home values by at least 20%. Overwhelmingly, respondents said an "adult" bookstore would negatively effect other businesses within one block (76%). The level of depreciation is greater for residents than businesses. The negative effects on property values drop sharply when the sexually oriented business is at least three blocks away. In the subjective portion, 86% of the respondents noted a '.~ :znegative impact of sexually oriented businesses on Oklahoma City. Frequent problems cited by the · ./:appraisers included the attraction of undesirable clients and businesses, safety threats to residents and q. other shoppers (especially children), deterrence of home sales and rentals, and immediate area ..... deterioration (trash, debris, vandalism). CONCLUSIONS' Oklahoma City's findings supported results fi'om other national studies and surveys. Sexually oriented businesses have a negative effect on property values, particularly residential properties. The Concentration of sexually oriented businesses may mean large losses in property values. Oklahoma City, Oklahoma 1I Land Use Study Dated June 1992 This study, written by Jon Stephen Gustin, a retired sergeant for the Oklahoma City Police Department, examines a history of the successful abatement of sexually oriented businesses (SOBs) in Oklahoma City between 1984 - 1989, which ultimately reduced an alarmingly high crime rate in the city, which is one of many harmful secondary effects related to the operation of SOBs in the community. This study indicates that in the early 1980's there was a large growth of SOBs in Oklahoma City in conjunction with a boom in the oil industry resulting in a large influx of oil field workers in the'area. Houses of prostitution, nude bars and adult theaters spread throughout the city. SOB promoters and entrepreneurs from around the country came to the area to compete for their share in the market. By 1984, over 150 SOBs and an estimated 200 prostitutes operated in the city. SOB owners competed by using more and more blatant signs and advertising. As a result, the city experienced epidemic proportions of crime problerns associated with the SOBs. Citizens began to voice concerns over the decay of community moral standards, the increased crime rate, and decreased property values. Although Oklahoma City had a history of unsuccessful prosecution of cases related to pomography, prostitution, and related SOBs, public pressure from citizens and elected officials ultimately resulted' support by the Chief of Police, the City Council and the city's District Attorney to prosecute SOBs thr were in violation of the law. Abating prostitution and related businesses was the first priority. The me aided this effort by publ{shing names of arrested customers and prostitutes, and airing live co,'er~ - arrests and raids. This bolstered citizen support of police and prosecutors. At adult bookstores and peep booths arrests were made for customers propositioning undercover offic to engage in sex acts, for the sale and possession of pornography, the display of pomography and for health department violations (including seminal fluids on the walls and floors of peep show booths). [Note that the author uses the term "pornography" referring to illegal pornography, also known as "obscenity."] The city next focused on prosecution for violations at nude and semi-nude dance bars, where custome engaged in sexual favors with nude employees in exchange for the purchase of expensive cocktails. RePeated arrests in these bars forced them into compliance, causing a lack of customer support. Simpi arrests at escort services, wl~ich were organized fronts for prostitution, did little to abate the illegal activity. Therefore, police worked undercover, arresting solicitors of the service. Also an attempt was made to prohibit businesses that had been convicted on prostitution charges from having access to phc service. As a result of the aggressive arrest and prosecution efforts, only a handful of the original 150 SOBs remained by early 1990. All remaining SOBs operated within statutory guidelines. It has been documented that incidents of reported rape in Oklahoma City decreased 27% during that period, while increased 16% in the rest of the state. In 1983 nearly one-half of the rapes in Oklahoma occurred in Oklahoma City, decreasing to one-third by 1989. This is an example of the benefits of stringent enforcement and prosecution of the so called "victimless crimes" associated with SOBs. Amarillo, Texas Land Use Study Dated September 12, 1977 OVERVIEW: This Planning Department report cites several sources including national news magazim "adult business" ordinances from other cities, an American Society of Planning Officials report and http://www, afa.n e t/po rn o graph y/s o b I andus es u mmari es. h tm l 1/14/20~ pertinent S~.~preme Court decisions. Lengthy explanation of the ),filler tes~ {,x.x'ith legal definitions), discussion of }~ung v. American Mini Theatres, and a comparison of the Boston and Detroit zoning models are included. The city defined "adult busi~:esses" as taverns, lounges, lounges with semi-nude entertainment, and bookstores or theaters with puc, lications featuring nudity and ¢:,:plicit sexual activities. (At the time, Amarillo had 3 such theaters and 4 bookstores with space for such publications). FINDINGS' The police department provided an analysis showing that areas of concentrated "adult only" businesses had 2 1/2 times the street crime as the city average. The Planning Department concluded that concentrations of these businesses have detrimental effects on residential and commercial activities caused by 1) noise, lighting and traffic during late night hours 2) increased opportunity for street crimes and 3) the tendency of citizens to avoid such business areas. The study noted that lack of zoning regulations would lead to concentrations of sexually oriented businesses (causing increased crime) or more such establishments locating near residential areas or family and juvenile oriented activity sites (churches, parks, etc.) RECOMMENDATIONS' 1) Adult businesses locate 1,000 feet from each other. No recommended distance was specified from residential zones or family/juvenile activities. 2) City development of an amortization schedule and permit/licensing mechanism. 3) City regulation of signs and similar forms of advertising. 4) Vigorous enforcement of State Penal Code, especially relating to "Harmful to Minors." 5) City amendments prohibiting minors from viewing or purchasing sexually oriented materials (enforced physical barriers). , Austin, Texas Land Use Study Dated May 19, 1986 OVERVIEW: The report was the basis for developing an amendment to existing sexually oriented business ordinances. At the time, 49 such businesses operated in Austin, mostly bookstores, theaters, massage parlors and topless bars. The study examined crime rates, property values, and trade area characteristics. The report focused on sexually related crimes in four study areas (with sexually oriented businesses) and four control areas (close to study areas and similar). Two study areas had one sexually oriented business and the others had two such businesses. To determine the effects of these businesses on property values, the city sent surveys to 120 real estate appraising or landing firms (nearly half responded). For trade area characteristics, three businesses (a bookstore, theater and topless bar) were observed on a weekend night to determine customer addresses. CRIME: Sexually related crime ranged from 177-482% higher in the four study areas than the city average. In the two study areas containing two sexually oriented businesses, tl~e rate was 66% higher than in the study areas with one such business. All control areas had crime rates near the city average REAL ESTATE' 88% said that a sexually oriented business within one block of a residential area decreases the value of the homes (33% said depreciation would be at least 20%). Respondents also sa such a business is a sign of neighborhood decline, making underwriters hesitant to approve the 90-95 financing most home buyers require. They said commercial property is also negatively effected by su businesses. TRADE AREA CHARACTERISTICS. Of 81 license plates traced for owner address, only 3 lived within one mile of the sexually oriented business. 44% were t?om outside Austin. RECOMMENDATIONS. 1) Sexually oriented businesses should be limited to highway or regionally. oriented zone districts. 2) Businesses should be dispersed to avoid concentration. 3) Conditional use permits should be required for these businesses. . Beaumont, Texas Land Use Study Dated September 14, 1982 'OVERVIEW: This report by the city Planning Department encourages amendments to existing "adult business" ordinances to include eating or drinking places featuring sexually oriented entertainment (strippers, etc.). Zoning laws required "adult uses" to locate 500 ft. from residential areas; 300 fi. from any other adult bookstore, adult theater, bar, pool hall or liquor store; and 1,000 feet from a church, school, park, or recreational facility where minors congregate. CRIME: Police verified that bars, taverns, and lounges (especially thos, e with sexually oriented en. te .rtainment) are frequent scenes of prostitution and the sale/use of n~.rcotics. On the whole, all ' criminal activity was higher at sexually oriented businesses. http:#www.afa.neffpomography/soblandusesummaries.html -'1/14/200 ILECOMMENDATIONS' 1)Add eating;drinking places that exclude minors (under Texas lax,,'), unless accompanied by a consenting parent, guardian or spouse. 2) Require specific permits ft~r areas zoned as General Commercial-Multiple Family Dwelling Districts. 3) Reduce the required distance of sexually oriented businesses from residential areas, schools, parks, and recreational facilities from 1,000 to 750 ft. Cleburne, Texas Land Use Study Dated October 27, 1997 OVERVIEW: This is a report by Regina Atwell, City Atton~ey for the City of Cleburne, Texas, on how and why the city organized a joint, county-wide sexually oriented business (SOB) task force. The purpose of this report is to educate and provide assistance to other jurisdictions on what the author considers important aspects of organizing, dratling and adopting an SOB ordinance or amendment to an SOB ordinance. In the introduction, Ms. Atwell cautions that although SOBs now appear more sophisticated and have begun to integrate into the mainstream, the secondary effects of these businesses are still harmful to the-community. She offers a set of questions to help assess a local government's needs to enact or update its SOB ordinance. Also, she gives a brief legal history of zoning regulations for SOBs. ORDINANCE ENACTMENT: The City of Cleburne decided to update its existing SOB ordinance in response to plans by Houston and Dallas to revise their SOB ordinances, as well as related concems that Dallas-Ft. Worth SOBs might subsequently infiltrate the Clebume area. After learning that the County did not have an SOB ordinance, county officials and officials from all cities in the county were invited to appoint task force members to join the Cleburne's SOB Task Force. Due to an excellent response from the county and many cities within the county, a Joint County-Wide SOB Task Force was formed, realizing that a united stand on this issue was imperative. After researching the law, consulting experts, examining sample ordinances from other jurisdictions, thoroughly investigating SOBs and their negative secondary effects on the community, and deciding which time/place/manner regulations were most appropriate to protect the governmental interests of their area, the Joint Task Force presented a draft of an SOB Ordinance to their city and county officials. For all its functions, the Task Force relied on the tbllowing guidelines: (1) Drafting an ordinance is done by the city planning office, the city attorney and the ordinance review committee, in reliance on case studies discussing secondary effects of SOBs. It is important that the actual studies be presented to legislators; (2) Public hearings should be held to discuss the ordinance and a legislative record created to preserve testimony, studies, maps, and other evidence; (3) Draft a good "Preamble" indicating the council's concern with secondary effects of SOBs; (4) Keep legislative record clean from any suggestions that impermissible motives have influenced the legislative process; (5) Be sure the ordinance allows reasonable "alternative avenues of communication" for SOBs to locate, and includ zoning maps with measurements and available sites for the record: and (6) If interested in enacting ~ licensing ordinance, be sure that it is narrowly drawn to serve legitimate state interests without restricting lA speech of SOBs. The report also gives extensive tips for how to hold public hearings. CONCLUSIONS' Regulation of SOBs, including licensing, was necessary to combat the detrimenta effects of SOBs, including high crime rate, depreciated property values, and spread of communicabl. diseases. In addition, the Task Force recommended enforcement of public nuisance laws, diligent prosecution of obscenity and sexual offense cases, and specialized training for local police and sheri: Dallas, Texas Land Use Study Dated April 29, 1997 This study, which is an update of a December 14, 1994 report prepared by The Maiin Group, analyze the effects of sexually oriented businesses (SOBs), specifically those that offer or advertise live entertainment and operate as an adult cabaret, on the property values in the surrounding neighborhom The study concludes that there is a much greater impact on the surrounding neighborhoods when ther. a high concentration of these businesses in one locale. The study found that the presence of an SOB in an area can create a "dead zone" which is avoided by shoppers and families with children that do not want to be in areas that also have adult uses. Also, the late hours of operation combined with loitering by unsavory people in the area where SOBs are locate appear to lead to higher crime in the area. In fact, a look at police calls for service over a four year period (1993-1996) shows that SOBs were a major source of the calls. One area averaged more than o call to police per day, where there was a concentration of seven SOBs. In that same area there was a much higher incidence of sex crime arrests than in similar areas with none or fewer SOBs. This study applied the conclusions of several other studies completed by New York, Phoenix, Indianapolis, Austin, and Los Angeles, finding that the methodology used was appropriate and the conclusions were sound. This study concludes that the finding in these other studies would not be any different in Dallas. The studies found that SOBs have negative secondary impacts such as increased crime rates, depreciation of property values, deterioration of community character and the quality of li~ http://www.afa.net/pornography/soblandusesummaries.html ":.-1/14/20, In addition, real est:~te brokers inter~, lowed in tl~e Dallas area reported that SOBs are p~:rceived to negatively affect nearby property values and decrease market val-aes." There were similar results £rom surveys taken in New York City and a national survey completed in Inciianapolis and Los Angeles. The study also showed that community residents were concerned that the business signs used by SOBs were out of' keeping with neighborhood character and could expose minors to sexual images. In areas where SOBs were concentrated, the signs were larger more visible and more graphi¢, to compete for business. The study shows that a concentration of SOBs has a higher negative impact on the SmTounding communities than an area with one isolated SOB. When concentrated, SOBs tend to be a magnet for certain businesses such a pawn shops, gun stores, liquor stores, etc., while driving away more family- oriented businesses. It can be harder to rent or sell vacant land in areas where SOBs are located. In fact, the negative perceptions associated with these areas have a significant impact on declining property values, even where other negative effects of SOBs are difficult to measure. Interviews with owners of commercial property near SOBs confirmed that the loss of property value manifested in a variety of ways, including' increased operating costs, like additional security patrols, burglar alarms, and trash cleanup; properties selling at much lower sales prices; and extreme difficulty in leasing properties. Owners thought that if the SOBs were gone, their property values would increase. El Paso, Texas Land Use Study Dated September 26, 1986 OVERVIEW: This study done by the Department of Planning, Research and Developrnent, the City Attorney's Office, the Police Department Data Processing Division, and New Mexico State University involved one year of studying the impacts of SOBs on the El Paso area. A separate report by the New Mexico State University on perceived neigl',borhood problems is also included. The study is in response to resident concern about the negative impacts resulting from the significant growth in SOBs over the past ten years. The study results show that SOBs are an important variable in the deviation fi'om normal rates for real estate market performance or crime. Also included in the study are detailed maps showing the locations of SOBs in El Paso and within the selected study areas. FINDINGS: In studying the impacts caused by SOBs, three study areas (with SOBs located in the area) and three control areas (similar areas in size and population, but without SOBs) within El Paso were identified and studied. Using the results of the study areas and the attitudes of the residents living near SOBs, the study concluded that the following conditions existed within the study areas: (1) the housing base within the study area decreases substantially xx'ith the concentration of SOBs: (2) property value decrease for properties located within a 1-block radius of SOBs; (3) there is an increase in listings on real estate market for properties located near SOBs; (4) the presence of SOBs results in a relatix~ deterioration of the residential area of a neighborhood; (5) there is a significant increase in crime nero SOBs; (6) the average crime rate in the study areas was 72% higher than the rate in the control areas; sex-related crimes occurred more frequently in neighborhoods with even one SOB; (8) residents in th study areas perceived far greater neighborh'ood problems than residents in control areas; (9) residents study areas had great fear of deterioration and crime than residents in control areas. The study of perceived neighborhood problems done by the New Mexico State University revealed strong concern by residents of the impact of SOBs on children in the neighborhood. In addition, some respondents told survey interviewers they feared retaliation from SOBs if they gave information abou pro.blems related to SOBs. Overall, this survey showed a strong, consistent pattern of higher neighborhood crime, resident fear and resident dissatisfaction in the neighborhoods containing SOBs. RECOMMENDATIONS. The main recommendations included that a zoning ordinance be adopted w distance requirements between SOBs and sensitive uses, that a licensing system be established, that annual inspections be required, that signage regulations be established, and that a penalty/fine section included for violations. ' Houston, Texas Land Use Study Dated November 3, 1983 OVERVIEW: Report by the Committee on the Proposed Regulation of Sexually Oriented Businesses determining the need and appropriate means of regulating such businesses. Four public hearings provided testimony from residents, business owners, realtors, appraisers, police, and psychologists. The committee and legal department then reviewed the transcripts and drafted a proposed ordinance. More hearings obtained public opinion on the proposal and the ordinance was refined for vote by the City Council. http :#www. a fa.n e t/po rno graph y/so b lan d us esu mmari es .html 1/14/200. TESTIMONY' The testimony was summarized into six broad premisea' (1) The rights of individuals were affirmed. (2) Sexually oriented businesses can exist with regulations that minimize their adverse effects. (3) The most important negative effects were on neighborhood protection, community enhancement, and property values. (4) Problems increased when these businesses were concentr~ted. (5) Such businesses contribute to criminal activities. (6) Enforcement of existing statutes was difficult. ORDINANCE: (1) Required permits for sexually oriented businesses (non-refundable $350 application fee). (2) Distance requirements: 750 ft. from a church or school; 1,000 ft. from other such businesses; 1,000 ft. radius fi'om an area of 75% residential concentration. (3) Amortization period of 6 months that could be extended by the city indefinitely on the basis of evidence.. (4) Revocation of permit for employing minors (under 17), blighting exterior appearance or signage, chronic criminal activity (3 convictions), and false permit information. (5) Age restrictions for entry. Houston, Texas II Land Use Study Dated January 7, 1997 OVERVIEW. This is a summary of a legislative report prepared by the Sexually Oriented Business Revision Committee for the Houston City Council, analyzing the strengths and wealmesses of the Cit current SOB ordinance, and making recommendations for amendments and additions principally pertaining to employee licensing, lighting configurations, location requirements, prohibition of"glor) holes," elimination of closed-off areas, public notification of SOB applications, clear lines of vision inside SOBs, and dancer "no-touch" policies. This report summary includes discussion of prior regulation efforts, testimony by HPD Vice Department, citizen correspondence, industry memos, lee, research, and summaries of public '[estimony. SUMMARY. This study was a result of increasing community concern over increasing proliferation t SOBs under the existing SOB ordinance and the HPD's need for better control over increasingly repetitive serious violations at numerous SOBs. The Committee made the following findings: (I) Due criminal activity associated with SOBs, licenses should be required for all SOB employees (requiring criminal background investigations); (2) There are obstacles to successful enforcement of public lewdness, prostitution, indecent exposure, and other criminal activities (i.e. entertainers can detect wh, a patron is an undercover cop); (3) "Glory holes" between enclosed booths promote anonymous sex a~' facilitate the spread of disease, so prohibition of these openings was recommended; (4) The lack of a clear line of vision between manager's stations and booths or secluded areas (VIP rooms) encourages lewd behavior and sexual contact (also difficult to observe during inspections); (5) Multi-family tracts were being counted as one tract, so new formula devised based on homeowners' property size; (6) Inadequate lighting in SOBs makes it difficult for SOB managers and police to monitor illegal activiti~ so minimum requirements for "exit" signs in Uniform Building Code was suggested; (7) Locked room within SOBs are usually fronts for prostitution, so prohibition of enclosed rooms recommended; (8) Public and expert testimony requested the inclusion of"public r~arks" as a sensitive use in the zoning location ordinance; (9) Repeated testimony requested notification to public regarding pending SOB permits, so posting of a sign notifying of pending permit was required; and (10) Continuing amortizati~ provisions was preferable to grandfathering in those SOBs not in compliance with the amended ordinance (i.e. 6 months plus extensions for recouping investment). CONCLUSIONS' The Committee concluded that strengthening the ordinance would achieve expediter revocation process, accountability to SOB employees through licensing, aid to police investigations by improved lighting and configurations, protections to the community by increasing distance requirements, and reduction of disease from anonymous spread by eliminating "glory holes." Newport News, 'Virginia Land Use Study http ://www. a fa. n e t/po rn o graph y/so b lan du s esu mmari es. h tml 1/14/200, Dated MARCIt, 1996 OVERVIEW: As of November, 1995, there were 31 "adult use" establishments: 14 "adult entertainment" establishments ("exotic dancing girls", "go-go" bars, "gentlemen's clubs", etc.); 8 "adult book/video stores" (outlets selling and renting pornographic magazines, videos, and sex devices); and 9 night clubs (music, dancing, or other live entertainment). Of the 31 uses, 17 are in the General Commercial zone, 5 in the Regional Business District zone, 7 in the Retail Commercial zone, and 2 are in the tight Industrial zone. They are dispersed along two streets with a few clusters. A proposed ordinance would require "adult uses" to be 500 feet from from other "adult" uses and to locate at least 500 feet away from sensitive uses (churches, schools, homes, etc.), with no distance limits in the downtown zone. CRIME: The Police Department researched calls for police responses to the 31 businesses, by address, for the period of January l, 1994, to October 3 l, 1995, with a cross-check to assure accuracy of the calls to the correct address. The effects of concentrations of"adult uses" were also checked by comparing study areas with control areas. Study area l, with 4 "adult" uses, had 81% more police calls than nearby control area I. When adjusted for population differences, the study area had 57% higher police calls and 40% higher crimes than the control area. For the 31 sexually oriented businesses, there were 425 calls of those' 65% were to strip clubs and go-go bars, averaging 23 calls per "adult entertainment" business; night clubs had 30% of the calls, averaging 14 calls per business; and "adult" bookstores and video stores had 4%, averaging 2 calls per business;. The reasons for the calls included: 25 assaults; 18 malicious destructions of property; 39 intoxications; 60 fights; and 151 disorderly conduct incidents. A selected list of restaurants with ABC licenses averaged 11 calls for service during the same period. One particular downtown "adult entertainment" establishment had 116.7 "police calls per 100 occupancy" compared to a regular restaurant, non-adult use, located across the street, with 50 calls per 100 occupancy. MERCHANTS/REAL ESTATE: A very high percentage of realtors indicated that having "adult uses" nearby can reduce the number of people interested in occupying a property by 20 to 30%; would hurt property values and resale of adjacent residential property. Realtors expressed concern for personal safety, increased crime, noise, strangers in the neighborhood, and parking problems. Merchants associations surveyed supported strengthening the city's regulations of"adult uses" and expressed a common concern that additional "adult uses" would contribute to deterioration of their areas. Bellevue, Washington Land Use Study Dated February, 1988 OVERVIEW' This is a compilation of mate:'ials prepared for the City Council Members of Bellevue, Washington for use in enacting an SOB zoning ordinance. The study includes general information ab regulation of SOBs, secondary impacts fi'om SOBs, experiences from nearby communities, descriptic of Bellevue's current situation, and recommendations for appropriate forms of regulation of SOBs wil Bellevue. Also included is a bibliography of land use studies, articles, correspondence and reference materials from adjacent municipalities made available for council members' use. Minutes from two public hearings about regulation of SOBs, maps showing the location of current SOBS, and memos fi' the planning department are also included. FINDINGS: The study begins by explaining the legal basis history behind regulating SOBs. Existing provisions in the State and local codes relating to obscenity or licensing are mentioned. The s~ady that the goal of regulating SOBs is to mitigate the secondary impacts of these uses in the communities concludes that the implications of the data and experience studied in other jurisdictions are significant Bellevue. It discusses the link between crime rates and areas with concentrations of SOBs, as revealeC by police research, noting the "skid row" effect that occurred in Detroit, and the higher percentages crime documented in Cleveland (in the 1970's), and other cities. The study noted that while police crh statistics showed a strong connection bc?.ween criminal activity and some adult uses, there is no clear consensus (in psychological studies) that exposure to pornography causes criminal behavior. The stud' also discusses the impact to property values. It notes a Kent survey of real estate appraisers that reveal an overall consensus that the impact on residential property values is probably negative. In Bellevue, t three existing SOBs are widely dispersed and centrally located in commercial areas, which have thusfi not experienced deterioration in surrounding structures and areas. Based on a Puget Sound study, it wz noted that SOBs are incompatible with residential, educational and religious uses. The Northend Ciner v. Seattle case agreed that the goal of preserving the quality of residential neighborhoods by prohibitin disruptive adult uses was a valid, substantial interest. This case also points out that residents' perceptio may be a major factor in siting SOBs. Overall the study concludes that research has shown SOBS may lead to the secondary effects mentioned above, but it is not possible to say definitely in each case. The study goes on to review regulations adopted by different jurisdictions, analyzing approaches of disper:~- and concentration of SOBs. The study enumerates several sections of code showing public policy concerns to be considered when deciding Bellevue's approach to regulating SOBs. Currently, the three existing SOBs in Bellevue show no particular negative impacts on the surrounding community, and an widely dispersed fi'om each other and other sensitive uses (residences, etc). However, there is not guarantee that furore concentrations of SOBs will not occur. ~.. RECOMMENDATIONS. The study recommended the adoption of a modified dispersal/concentration approach (i.e. dispersal within CB, OLB and CBD zones), with a 600-foot distance limitation between SOBs and other sensitive uses. Des Moines, Washington Land Use Study http://www.afa.net/pornography/soblandusesummaries.html 4/200 Dated August, 1984 OVERVIEW: This land use study includes an independent report prepared by R. W. Thorpe & Associates, Inc for the Des Moines City Council, and a report from the City Administration on the impacts of Sexually Oriented Businesses (SOBs) on the area. Appendices include: a theater admission report, a 1978 Des Moines Community opinion survey, a copy of a Des Moines ordinance requiring an impact study of SOBs on the city, a list of criminal incidents related to the adult theater, a business activity chart of businesses adjacent to the adult theater, a copy of Northend Cinema, Inc. v. City of Seattle, 585 P.2d 1153 (1978), and transcripts of the hearing and testimonies. FINDINGS: When the study was made, Des Moines had an adult theater operating in the Revitalization area/central business district of the city. It had been operating as such since the 1970's. The Administration report noted a 1978 Community Opinion Survey reporting that the majority of residents in the area were opposed to the theater. The Administration's report also lists several negative impacts caused by the presence of the adult theater in the community, including' decreased property values, refusal to shop in stores adjacent to the adult theatre, noticeable deterioration of the district, deferred maintenance, parking and traffic problems, attraction of transients, increased crime, and interference with parental responsibilities for children. As a result, the study noted that there had been numerous business failures and high business remover in the commercial areas near the adult theater. Public testimony, staff studies and the independent study all concluded that the continued presence of the adult theater would nullify any investment in the revitalization efforts of downtown Des Moines. The study examined efforts to regulate SOBs in North Carolina, Detroit, Maryland, and Seattle. The Administration's study took particular note of Seattle's zoning ordinance, which restricted location of SOBs to a certain part of the city. It was upheld by that state's highest court, which said the city's important interest in regulating the use of its property for commercial purposes was sufficient justification. The independent study submitted by R. W. Thorpe & Associates, Inc for the Des Moines City Council mostly focused on and made comparisons to studies done in cities in the western part of Washington State. However, the study also looked at other jurisdictions like Boston, and New Orleans. It looks at various negative impacts on the community including crime, decline in adjacent land uses, economic impact (decreased property values), and community impact (incompatibility with sensitive uses and areas where minors may meet collectively). It discussed differing approaches to regulating SOBs, including clustering and dispersal. RECOMMENDATIONS: The Administration's report, based partly on the independent study, concluded that a zoning ordinance should be enacted, locating adult businesses in the CG 'zone along Highway 99. This would keep SOBs away from the central business district that the city was trying to revitalize and maintain a family friendly atmosphere there. Dispersal of SOBs was also recommended to minimize impact of crime potential volatile situations associated with close proximity of SOBs. Seattle, Washington Land Use Study Dated March 24, 1989 OVERVIEW' The report concerns a proposed amendment to add topless dance halls to existing land regulations for "adult entertainment establishments." Seattle had eight such dance halls (termed ":~.~ '~ cabarets"), six established since 1987. The study relies on reports from a number of cities, includi~:~- Indianapolis, Los Angeles, Phoenix, Austin and Cleveland. FINDINGS' The increased number of cabarets resulted in citizen complaints, including phone calls, letters (from individuals and merchants associations), and several petitions with hundreds of signatur~ Protests cited decreased property values; increased insurance rates; fears of burglary, vandalism, rape assaults, drugs, and prostitution; and overall neighborhood deterioration. The report notes that patron, these cabarets most often are not residents of nearby neighborhoods. Without community identity, behavior is less inhibited. Increased police calls to a business, sirens, and traffic hazards from police r emergency vehicles are not conducive to healthy business and residential environments. RECOMMENDATIONS. Since city zoning policy is based on the compatibility of businesses, the report recommends that the cabarets locate in the same zones as "adult motion picture theaters." This plan allows about 130 acres for such businesses to locate throughout the city. http :l/www.afa.net/pornography/sob landus es umm ari es. htm I ........ 1/14/20( St. Croix Co., Wisconsin Land Use Study Dated September, 1993 OVERVIEW: At the time the St. Croix County Planning Department did this study, the County had two adult cabarets, but did not have a problem with concentration ofsexually oriented businesses (SOBs). The study acknowledges that SOB zoning ordinances have generally been upheld by the courts as constitutional and suggests the County consider following the lead of other communities who have enacted similar ordinances. The main concern surrounded possible growth o£ SOBs resulting from future plans for an interstate highway system linking St. Croix County and the great Twin Cities metro area. To preserve the County's "quality of life" the study indicates the need to take preventative vs. after-the-fact action. SUMMARY: The study notes the continued growth of the SOB industry and ana!vzes the economic, physical, and social impact it has on the community. It examines documented ecohomic impact of S( in Los Angeles, CA, Detroit, MI, Beaumont, TX, and Indianapolis, IN, noting that concentrations of SOBs results in decreased property values, rental values, and rentability/salability. General economic decline is also associated with concentration of SOBs. Residents surveyed in other studies perceived less negative impact on property values of residential and commercial areas the further away SOBs u located. The study also noted that economic decline caused physical dete.: ioration and blight. During night time operation hours, traffic congestion and noise glare could also be problems. Social impacts studied included negative effects on morality, crime, community reputation and quality of life. It note the 1970 Commission on Obscenity and Pornography saying porn has a deleterious effect upon the individual morality of American citizens. It sites the Phoenix, AZ study reporting a tremendous incre in crime in three study areas containing SOBs (43% more property crimes, 4% more violent crimes, z over 500% more sex crimes). The study mentions Justice Poweil's quote in Young v. ,4mer~can Mb~i- Theatres regarding using zoning to protect "quality of life." The study analyzes different zoning teclmiques, including dispersal and concentration of SOBs, and their constitutionality. It also discusses the use of"special use" and "special exception" permits. Othe~ regulatory techniques discussed include licensing ordinances, active law enforcement, sign regulation and nuisance provisions. The study includes detailed examples of SOB definitions, a proposed zoning ordinance, and a bibliography of the sources used for this study. RECOMMENDATIONS- The study recommended that the county adopt a zoning ordinance using th{ dispersal technique. It also suggested the county explore the possibility of licensing SOBs. 1 I This number is a great deal lower than the all time high of 140 in the late 1970s. During that time the Times Square area was referred to as a "sinkhole" by the (T!m..D_aily N..e.~.v.s_, August 1'4, 1975). http://www, afa.net/pornography/sob landusesummaries.html 1/14/20{ Appendix F: Report of the Minnesota Attorney General's Wor'ki ,,o Group.on tl e Regulation..of Se.x_ua!ly Ori.._e.!!ted Businesses (Ju !e 6, 1.989) Introduction Many communities in Minnesota have raised concerns about the impact of sexually oriented businesses on their quality of life. It has been suggested that sexually oriented businesses serve as a magnet to draw prostitution and other crimes into a vulnerable neighborhood. Community groups have also voiced the concern that sexually oriented businesses can have an adverse effect on property values and impede neighborhood revitalization. It has been suggested that spillover effects of the businesses can lead to sexual harassment of residents and scatter unwanted evidence of sexual liaisons in the paths of children and the yards of neighbors. Although many communities have sought to regulate sexually oriented businesses, these efforts have often been controversial and equally often unsuccessful. Much community sentiment against sexually oriented businesses is an out growth of hostility to sexually explicit forms of expression. Any successful strategy to combat sexually oriented businesses must take into account the constitutional rights to free speech which limit available remedies. Only those pornographic materials which .are determined to be "obscene" have no constitutional protection. As explained later in more detail, only that pornography which, according to community standards and taken as a whole, "appeals to the prurient interest" (as opposed to an interest in healthy sexuality), describes or depicts sexual conduct in a "patently offensive xvay" and "lacks serious literary, artistic, political or scientific value," can be prohibited or prosecuted. Miller v. California, 413 U.S. 15, 24(1973). Other pornography and the businesses which purvey it can only be regulated where a harm is demonstrated and the remedy is sufficiently tailored to prevent that harm without burdening First Amendment rights. In order to reduce or eliminate the impacts of sexually oriented businesses, each community must find the balance between the dangers of pornography and the constitutional rights to free speech. Each commUnity must have evidence of harm. Each community must know the range of legal tools which can be used to combat the adverse impacts of pornography and sexually oriented businesses. . On June 21, 1988, Attorney General Hubert Humphrey III announced the formation of a Working Group on the Regulation of Sexually Oriented Businesses to assist public officials and private citizens in finding legal ways to reduce the impacts of sexually oriented businesses. Members of the Working Group were selected for their special expertise in the areas of zoning m~d law enforcement and included bipartisan representatives of the state Legislature as well as members of both the Minneapolis and St. Paul city councils who have played critical roles in developing city ordinances regulating sexually oriented businesses. The Working Group heard testimony and conducted briefings on the impacts of sexually oriented businesses on crime and communities and the methods available to reduce or eliminate these impacts. Extensive research was conducted to review regulation and prosecution strategies used in other states and to analyze the legal ramifications of these strategies. ,-'ks testimony was presented, the \\'orking Group reached a consensus that a comprehensive approac required to reduce or eliminate the impacts of sexually oriented businesses. Zoning and licem regulations are needed to protect residents from the intrusion of "combat zone" sexual crime' harassment into their neighborhoods. Prosecution of obscenity has played an important role in eact the cities which have significantly reduced or eliminated pornography. The additional threat posed the involvement of organized crime, if proven to exist, may justify the resources needed for prosecut of obscenity or require use of a forfeiture or racketeering statute. The Working Group determined that it could neither advocate prohibition of all sexually exp: material nor the use of regulation as a pretext to eliminate all sexually oriented businesses. ~. conclusion is no endorsement of pornography or the businesses which profit from it. The Work Group believes much pornography conveys a message which is degrading to women and an affron human dignity. Commercial pornography promotes the misuse of vulnerable people and can be usec either a perpetrator or a victim to rationalize sexual violence. Sexually oriented businesses l~ax' deteriorating effect upon neighborhoods and draw involvement of organized crime. Communities are not powerless to combat these problems. But to be most effective in defending it from pornography each community must work from the evidence and within the law. The report of Working Group is designed to assist local communities in developing an appropriate and effec~ defense. The first section of the report discusses evidence that sexually oriented businesses, and the mater from which they profit, have an adverse impact on the surrounding communities. It provides relex evidence which local communities can use as part of their justification for reasonable regulation sexually oriented businesses. The Working Group also discussed the relationship between sexually oriented businesses and organi. crime. Concerns about these broader effects of sexually oriented businesses underlie the Work Group's recommendations that obscenity should be prosecuted and the tools of obscenity seized w: sexually oriented businesses break the law. The second section of this report describes strategies for regulating sexually oriented businesses prosecuting obscenity. The report presents the principal alternatives, the recommendations of Working Group and some ef the legal issues to consider when these strategies are adopted. The goal of the Attorney General's Working Group in providing this report is to support and assist 1o communities who are struggling against the blight of pornography. When citizens, police officers t city officials are concerned about crime and the deterioration of neighborhoods, each of us lives n door. No community stands alone. Summary The Attorney General's Working Group on the Regulation of Sexually Oriented Businesses mal th~ following recommendations to assist communities in protecting themselves from the adve~ effects of sexually oriented businesses. So,ne or ali of these recommendations may be needed any given community. Each community must decide for itself the nature of the problems it fat and the proposed solutions which would be most fitting. (1) City and county attorneys' offices in the Twin Cities metropolitan area should designate http ://www. commun i ty de fen s e. o rg/c dcd ocs/P CS O B/htm/P C S O B 2ed_A pp F.h tm 1/14/20 pros~.cutor to pursue obscenity pro.,ccutions and support that prosecutor ~'ith specialized training · · ,.2) The Legislature should consider funding a pilot program to demonstrate the efficacy of obscenity prosecution and should encourage the pooling of resources between urban and suburban prosecutor offices by making such cooperation a condition for receiving any such grant funds. (3) The Attorney General should provide informational re- sources for ciD' and county attorneys who prosecute obscenity crimes. (4) Obscenity prosecutions should begin with cases invoMng those materials which most flagrantly offend community standards. (5) The Legislature should amend the present forfeiture statute to include as grounds for forfeiture all felonies and gross misdemeanors pertaining to solicitation, inducement, promotion or receiving protit from prostitution and operation of a "disorderly house." (6) The Legislature should consider the potential for a RiCO-like statute with an obscenity predicate. "(7) Prosecutors should use the public nuisance statute to enjoin operations of sexually oriented businesses which repeatedly violate laws pertaining to prostitution, gambling or operating a disorderly house. .,. (8) Communities should docu~nent findings of adverse secondary effects of sexually oriented - businesses prior to enacting zoning regulations to control these uses so that such regulations can be upheld if challenged in court. (9) To reduce the adverse effects of sexually oriented businesses, communities should adopt zoning regulations ~vhich set distance requirements bethveen sexually oriented businesses and sensitive uses, including but n:.~t limited to residential areas, schools, child care facilities, churches and parks. (10) To reduce adverse impacts from concentration of these businesses, communities should adopt zoning ordinances which set distances between sexually oriented businesses and between sexually oriented businesses and liquor establishments, and should consider restricting sexually oriented businesses to one use per building. (11) Communities should require existing businesses to comply with ne~v zoning or other regulation of sexually oriented businesses ~vithin a reasonable ti~ne so that prior uses will conform to new laws. (12) Prior to enacting licensing regulations, communities should document findings of adverse secondary effects of sexually oriented businesses and the relationship bet~veen these effects and proposed regulations so that such regulations can be upheld if challenged in court. (13) Communities should adopt regulations ~vhich reduce the likelihood of criminal activity related to sexually oriented businesses, including but not limited to open booth ordinances and ordinances which authorize denial or revocation of licenses when the licensee has committed offenses relevant to the operation of the business. (14) Communities should adopt regulations which reduce exposure of the communiq, and mine to the blighting appearance of sexually oriented businesses, including but not limited regulations of signage and exterior design of such businesses, and should enforce ~tate requiring sealed wrappers and opaque covers on sexually oriented material. Impacts of Sexually Oriented BuSinesses The Working Group reviewed evidence from studies conducted in Minneapolis and St. Paul and in ot~ cities tlxroughout the country. These studies, taken together, provide compelling evidence that sexual oriented businesses are associated with high crime rates and depression of property values. In additic the Working Group heard testimony that the character of a neighborhood can dramatically change wh there is a concentration of sexuaily oriented businesses adjacent to residential property° Minneapolis Study ..! In 1980, on direction from the Minneapolis City Council, the Minneapolis Crime Prevention Cent examined the effects of sex-oriented and alcohol-oriented adult entertainment upon property values a~ crime rates. This study used both simple regression and multiple regression statistical analysis evaluate whether there was a causal relationship between these businesses and neighborhood blight. The study concluded that there was a close association between sexually oriented businesses, high crin rates and low housing values in a neighborhood. When the data was reexamined using control variabl. such as the mean income in the neighborhood to determine whether the association proved causation, was unclear whether sexually oriented businesses caused a decline in property values. The Minneapo! study concluded that sexually oriented businesses concentrate in areas which are relatively deteriorat,, and, at most, they may weakly contribute to the continued depression of property values. However, the Minneapolis study found a much stronger relationship between sexually orient( businesses and crime rates. A crime index was constructed including robbery, burglary, rape and assau: The rate of crime in areas near sexually oriented businesses was then compared to crime rates in oth, areas. The study drew the following conclusions' (1) The effects of sexually oriented businesses on the crime rate index is positive and significa~ regardless of which control variable is used. (2) SexuallY oriented businesses continue to be associated with higher crime rates, even when t~ control variables' impacts are considered simultaneously. " According to the statistical analysis conducted in the Minneapolis study, the addition of one sexuall oriented business to a census tract area will cause an increase in the overall crime rate index in that are by 9.15 crimes per thousand people per year even if all other social factors remain unchanged. St. Paul http ://www. comnluni tyde fen s e. org/c d c do c s/P C S O B/h tm/P C SO B 2ed_A pp F.h tnl 1/14/200 In 1978 tb, e St. Paul Division oi'Planni,'~,, and the Minnesota Crime Control Plannina board conducted a study of the relationship betv,'een sex-oriented and alcohol-oriented adult entertainment businesses and neigl~borhood blight. This stud>' looked at crime rates per thousand and median housi~'~g values over time as indices of neighborhood deterioration. The study combined sex-oriented and alcohol-oriented businesses, so its conclusions are only suggestive of the effects of sexually oriented businesses alone. Nevertheless, the study reached the following important conclusions' (1) There is a statistically significant correlation between the location of adult businesses and neighborhood deterioration. (2) Adult entertainment establishments tend to locate in somewhat deteriorated areas. (3) Additional relative deterioration of an area follows location of an adult business in the area. (4) There is a significantly higher crime rate associated with two such businesses in an area than is associated with only one adult business. (5) Housing values are also significantly lower in an area where there are three adult businesses than they are in an area with only one such business. ' Similar conclusions about the adverse impact of sexually oriented businesses on the community were reached in studies conducted in cities across the nation. Indianapolis .In 1983, the City of Indianapolis researched the relationship between sexually oriented businesses and property values. The study was based on data from a national random sample of 20 percent of the American Institute of Real Estate Appraisers. The Study found the following: (1) The appraisers overwhelmingly (80%) felt that an adult bookstore located in a neighborhood would have a negative impact on residential property values within one block of the site. (2) The real estate experts also overwhelmingly (71%) believed that there would be a detrimental effect on commercial property values within the same one block radius. (3) This negative impact dissipates as the distance from the site increases, so that most appraisers believed that by three blocks away from an adult bookstore, its impact on property values would be minimal. Indianapolis also studied the relationship between crime rates and sexually oriented bookstores, cabarets, theaters, arcades and massage parlors. A 1984 study entitled "Adult Entertainment Businesses in Indianapolis" found that areas with sexually oriented businesses had higher crime rates than similar areas with no sexually oriented businesses. (1) Major crimes, such as criminal homicide, rape, robbery, assault, burglary and larceny, occurred at a rate that was 23 percent higher in those areas which had sexually oriented businesses. (2) The sex-related crime rate, including rape, indecent exposure and child molestation, was · found to be 77 percent higher in those a] cas x~'ith sexually eriented businesses. Phoenix The Planning Department of Phoenix, Arizona, published a study in 1979 entitled "Relation Criminal Activity and Adult Businesses." This study showed that arrests for sexual crimes and location of sexually oriented businesses were directly related. The study compared three areas ~ sexually oriented businesses with three control areas which had similar demographic and land~ characteristics, but no sexually oriented establishments. The study found that, (1) Property crimes were 43 percent higher in those areas which contained a sexually orien business. (2) The sex crime rate was 500 percent higher in those areas with sexually oriented businesses. (3) The study area with the greatest concentration of sexually oriented businesses had a ~, crimes rate over 11 times as large as a similar area having no sexually oriented businesses. Los Angeles A study released by the Los Angeles Police Department in 1984 supports a relationship betwe sexually oriented businesses and rising crime rates. This study is less definitive, since it was r designed to use similar areas as a control. The study indicated that there were 11 sexually oriented ad establishments in the Hollywood, California, area in 1969. By 1975 the number had grown to 88. Duri the same time period, reported incidents of "Part 1" crime (i.e., homicide, rape, aggravated assac robbery, burglary, larceny and vehicle theft) increased 7.6 percent in the Hollywood area while the r~ of Los Angeles had a 4.2 percent increase. "Part 11" arrests (i.e., forgery, prostitution, narcotics, liqu law violations and gambling) increased 3.4 percent in the rest of Los Angeles, but 46.4 percent in t Hollywood area. Concentration of Sexually Oriented Businesses Neighborhood Case Study In St. Paul, there is one neighborhood which has an especially heavy concentration of sexually` orient{ businesses. The blocks adjacent to the intersection of University Avenue and Dale Street have more th~ 20 percent of the city's adult uses (4 out of 19), including all of St. Paul's sexually oriented bookstor. and movie theaters. The neighborhood, as a whole, shows signs of significant distress, including the highest unemployme~ rates in the city, the highest percentage of families below the poverty line in the city, the lowest medic family income and the lowest percentage of high school and college graduates. (See 40-Acre Study Adult Entertainment, St. Paul Department of Planning and Economic Development, Division Planning, 1987, at 19.) It would be difficult to attribute these problems in any simple way to sexuall oriented businesses. http://www.communitydefense.org/cdcdocs/PCSOB/htm/PCSOB2ed_AppF.htm 1/14/200 Howex'er, it is likely.' that there is a relationship be!ween the conccn~:'ation o!' sexually oriented businesses and neighborhood crime rates. The St. Paul Police Department l',as determined that St. Paul's street prostitution is concentrated in a "street prostitution zone" immediately adjacent to the intersection where the sexually oriented businesses are located. Police statistics for 1986 show that, of 279 prostitution arrests for which specific locations could be identified, 70 percent (195) were within the "street prostitution zone." Moreover, all of the locations with 10 or more arrests for prostitution were within this zone. The location of sexually oriented businesses has also created a perception in the community that this is an unsafe and undesirable part of the city. In 1983, Western State Bank, which is currently located across the street from an adult bookstore, hired a research firm to survey area residents regarding their preferred location for a bank and their perceptions of different locations. A sample of 305 people were given a list of locations and asked, "Are there any of these locations where you would not /'eel safe conducting your banking business?" No more than 4 percent of the respondents said they xvould feel unsafe banking at other locations in the city. But 36 percent said they would feel unsafe banking at Dale and University, the corner where the sexually oriented businesses are concentrated. The Working Group reviewed the 1987 40-Acre Study on Adult Entertai~m'tent prepared by the Division of Planning in St. Paul's Department of Plamfing and Economic Development. This study summarized testimony presented to the Planning Commission regarding neighborhood problems: Residents in the University/Dale area report frequent sex-related harassment by motorists and pedestrians irt the neighborhood. Although it cannot be proved that the harassers are patrons of adult businesses, it is reasonable to suspect such a connection. Moreover, neighborhood residents submitted evidence to the Planning Commission in the tbrm of discarded pornography literature allegedly found in the streets, sidewalks, bushes and alleys near adult businesses. Such literature is sexually very explicit, even on the cover, and under the present circumstances becomes available to minors even though its sale to minors is prohibited. Testimony The Working Group heard testimony that a concentration of sexually oriented businesses has serious impacts upon the surrounding neighborhood. The Working Group heard that pornographic materials are left in adjacent lots. One person reported to the police that he had found 50 pieces of pornographic material in a church parking lot near a sexually oriented business. Neighbors report finding used condoms on their lawns and sidewalks and that sex acts with prostitutes occur on streets and alleys in plain view of families and children. The Working Group heard testi~nony that arrest rates understate the level of crime associated with sexually oriented businesses. Many robberies and thefts from "johns" and many assaults upon prostitutes are never reported to the police. Prostitution also results in harassment of neighborhood residents. Young girls on their way to school or young women on their way to work are often propositioned by johns. The Flick theater caters to homosexual trade, and male prostitution has been noted in the area. Neighborhood boys and men are also accosted on the street. A police officer testified that one resident had informed him that he found used condoms in his yard all the time. Both his teenage son and daughter had been solicited on their way to sct~o:;l and to work. The Working Group heard testimony that in the Frogtown neighborhood, immediately north of t University-Dale intersection in St. Paul, there has been a change over time in the quality of life since t sexually oriented businesses moved into the area. The Working Group heard that the neighborhood us, to be primarily middle class, did not have a high crime rate and did not have prostitution. St. Paul poli officers testified that they believed the sexually oriented businesses caused neighborhood proble~v particularly the increase in prostitution and other crime rates. Property values were suffering, since tt presence of high crime rates made the area less desirable to people who would have the ability a~ inclination to improve their homes. The Working Group made some inquiry to determine to what extent smaller cities outside the Tw Cities Metropolitan area suffered adverse impacts of sexually oriented businesses. The Working Grin was informed by the chiefs of police of Northfield and Owatonna that neither city had adult bookst,.e~" or similar sexually oriented businesses. Police chiefs in Rochester and Winona stated that sexuai oriented businesses in their communities operate in nonresidential areas. In addition, there is "concentration" problem. In Rochester, there are two facilities in a shopping mall and a single booksto in a depressed commercial/business neighborhood. The Winona store is located in a downtown busine area. The police chiefs stated that they had no evidence of increased crime rates in the area adjacent these facilities. They had no information as to the effect which these businesses might have on loc property values. Information presented to the Working Group indicates that community impacts of sexually orient~ businesses are primarily a function of two variables, proximity to residenti~.l areas and concentratio. Property values are directly affected within a small radius of the location of a sexually oriented busines Concentration may Compound depression of property values and may lead to an increase in crin sufficient to change the quality of life and perceived desirability of property in a neighborhood. The evidence suggests that the impacts of sexually oriented businesses are exacerbated when they a~ located near each other. Police officers testified to the Working Group that'"vice breeds vice." Wht sexually oriented businesses have multiple uses (i.e., theater, bookstore, nude dancing, peep booths), or building can have the impact of several separate businesses. The Working Group heard testimony th~ concentration of sexually oriented businesses creates a "war zone" xvhich serves as a magnet for peopl from other areas who "know" where to find prostitutes and sexual entertaim~ent. The presence of bars i the immediate vicinity of sexually oriented businesses also compounds impacts upon the neighborhood. The Attorney General's Working Group believes that regulatory strategies designed to reduce ti: concentration of sexually oriented businesses, insulate residential areas from them, and reduce th likelihood of associated criminal activity would constitute a rational response to evidence of the impacl which these businesses have upon local communities. Sexually Oriented Businesses and Organized Crime Infiltration of organized crime into sexually oriented businesses reinforces the need for prosecUtion c obscenity and requires specific regulatory or law enforcement tools. The Working Group attempted t assess both the present and potential relationship between organized crime and sexually oriente~ businesses. The Working Group heard testimony from a witness who had been prosecuting obscenity cases for th, http://www.communitydefense.org/cdcdocs/PCSOB/htm/PCSOB2ed_AppF.htm 1/14/200. past thirteen years that many sexually orien.-'d businesses hax'e out-of-tc)xvn absentee owners. If ti'~e manager of a local business is p;'c. secuted on an obscenity cl'..arge, his testimony may make it possible to pierce the corporate veil and identify the true owners. The \Vorking Group heard testimony that an organized crime entity may operate somewhat like a franchisor. In order to stay in business, the local manager of a sexually oriented business may have to pay fees to organized crime. The makers and wholesalers of pornographic materials are also likely to be involved with organized crime. The Working Group conducted additional research to assess the relationship between sexually oriented businesses and organized crime. The Working Group was informed by prosecutors of obscenity that there were many ways in which organized crime entities could derive a benefit from sexually oriented businesses. There is a large profit margin in pornography. The presence of coin-operated peep booths provides an opportunity to launder money. Cash obtained from illegal activities, such as prostitution or narcotics, can be explained as the income of peep booths. Cash income can also escape taxation, in violation of law. Although it is clear that organized crime is involved to some degree in the pornography industry, various sources reach different conclusions as to the depth and extent of this involvement. Part of the difference in assessment is based on differences in the way the term "organized crime" is defined. Authorities who restrict their definition of organized crime to the highly organized ethnic hierarchy known as La Cosa Nostra (LCN) tend to find fewer links than those who define the term to include other organized criminal enterprises. Where there has been intensive law enforcement and prosecution, it is more likely that linkage between sexually oriented businesses and organized crime figures will be evident. The Working Group has adopted the definition of organized crime contained in Minnesota's Report of the Legislative Commission on Organized Crime (1975). The Working Group is concerned about the relation between sexually oriented businesses and any "organized criminal conspiracy of two or more persons that is continuous in nature, involves activity generally crossing jurisdictional lines and results in third-party profit." The threat from organized crime includes, but is not limited to involvement of national crime enterprises such as LCN. [!.] Recent federal indictments of James G. Hafiz in Indiana for perjury and of t-lany v. Mohney in Michigan for tax evasion suggest a possible connection between organized crime and a Minnesota pornography business. Hafiz, a Minnesota resident who is an agent of Beverly Theater, Inc., the [.21 company which operated the Faust Theater in St. Paul, has been linked to Mohney, a major pornographer based in Michigan. The indictments allege that Molmey caused the incorporation of the company which operated the Faust, that a corporation owned by Molmey paid for improvements to the Faust and that Mohney is, in fact, the owner of numerous sexually oriented businesses, including the Faust. (See United States v. Hafiz, Indictment, No. IP 88-102-CR (S. D. Ind., Sept. 15, 1988); United States v. Mohney, Indictment No.88-50062 (E.D. Mich. Sept. 9, 1988).) Mohney, in turn, has been linked with nationa! organized crime enterprises. A 1977 report of the United States Justice Department stated: It is believed that Harry V. Mohney of Durand, Michigan, is one of the largest dealers in pornography in the United States... He is alleged to have close association with thc LCN Columbo and the LCN DcCavalcantc, both of' which are very influential in pornography in the eastern United States. In Michigan, -i Mohncy is known to. hire individuals x~'ith organized crime associations to manage his businesses. His busincsscs and corporations consist of 60 known adult bookstores, massage parlors, art theaters, adult drive-in movies, go-go type lounges and pornographic warehouses in Michigan, Indiana, Illinois, Kentucky, Tennessee, Wisconsin Iowa, Ohio and California. He is involved in the financing and production of pornographic movies, magazines, books and newspapers. He also directs the importation and distribution of his own and other pornograpliic publications to retail and wholesale outlets throughout the United States and Canada... He has a working relationship with DeCalvalcantc's representative Robert DiBernardo and has met with Vito Giacalone and Joseph Zcrilli of the LCN Detroit. He has to cater to both to operate in Michigan. U.S. Justice Dep't, Organized Crime Involvement in Pomography, reprinted in the Attorney Genen Comm'n on Pornography (hereinafter "Pornography Commission"), 2 Final Report at 1229-30 (1986).. Organized crime has the potential to infiltrate Minnesota's pornography indust~. Evidence on a natic. level highlights the vulnerability of sexually oriented businesses to criminal control. A number sources have reported that there is a connection between organized crime and the pornography industr The Pornography Commission reported that the Washington, D.C., Metropolitan Police Departm{ determined that traditional organized crime was substantially involved in and did essentially cont~ much of the major pornography distribution in the United States during the years 1977 and 1978." Final Report at 1044-45. The Washington, D.C., study "further concluded that the combination of t large amounts of money involved, the incredibly low priority obscenity enforcement had within poll departments and prosecutors' offices in an area where manpower intensive investigations were essent fbr success, and the imposition of minimal fines and no jail time upon random convictions resulted ir low risk and high profit endeavor for organized crime figures who became involved in pornography." ~ at 1045. The FBI concluded in 1978' Information obtained ... points out the vast control of the multi-million dollar pornography business in the United States by a few individuals with direct connections with what is commonly kd~own as the organized crime establishment in the United States, specifically, La Cosa Nostra... Inibm~ation received from sources of this bureau indicates that pornography is Ia major] income maker for La Cosa Nostra in the United States behind gambling and narcotics. Although La Cosa Nostra does not physically oversee the day-to-day workings of thc majority of pornography business in the United States, it is apparent that they have "agreements" with those involved in the pornography business in allowing these people to operate independently by paying off members of organized crime for the privilege of being allowed to operate in certain geographical areas. . .o Id. at 1046 (quoting Federal Bureau of Investigation report Regarding the Extent of Organized Crirr Development in Pornography 6 (1978)). A brief survey of 69 FBI field offices conducted in 1985 found that about three-quarters of those offict could not verify that traditional organized crime families were involved in the manufacture distribution of pornography. Several offices did, however, report some involvement by members an associates of organized crime. Id. at 1046-47. Stanley Ronquest, Jr., a supervisory FBI special agent for traditional organized crime at FE headquarters in Washington, D.C., was interviewed by Attorney General staff. Ronquest stated th~ http ://www.communi tydefense, org/cdcdocs/PCS O B/htm/PC S O B 2ed_AppF. htm 1/14/200 LCN has ;tot been directly involved in the pornography industry in the last ten years. I-lowever. a former FBI agent told the Pornography Commissic:l: In my opinion, based upon twenty three ycars of experience in pornography and obscenity investigations and study, it is practically impossible to be in the retail end of pornography industry .[today] without dealing in some fashion with organized crime either the mafia or some other facet of non-mafia never-the-less [sic] highly organized crime. Id. at 1047-48. Thomas Bohling of the Chicago Police Department Organized Crime Division, Vice Control Section, told the Pornography Commission that "it is the belief of state, federal and local law enIbrcement that the pornography industry is controlled by organized crime families. If they do not own the business outright, they most certainly extract street tax from independent smut peddlers." Id. at 1048 (emphasis in original). The Pornography Commission stated that it had been advised by Los Angeles Police Chief Daryl F. Gates that "organized crime families from Chicago, New York, New Jersey and Florida are openly controlling and directing the major pomography operations in Los Angeles." Id. The Pornography Commission was told by Jimmy Fratianno, described by the Commission as a member of LCN, "that large profits have kept organized crime heavily involved in the obscenity industry." Id. at 1052. Fratianno testified that "95% of the families are involved in one way or another in pornography .... It's'too big. They just won't let it go." Id. at 1052-63. The Pornography Commission concluded that "organized crime in its traditional LCN forms and other forms exerts substantial influence and control over the obscenity, industry. Though a number of significant producers and distributors are not members of LCN families, all major producers and distributors of obscene material are highly organized and carry out illegal activities with a great deal of sophistication." Id. at 1053. The Pornography Commission reported that Michael George Thevis, reportedly one of the largest pornographers in the United States during the 1970's was convicted in 1979 of RICO (Racketeer Influenced and Corrupt Organizations) violations including murder, arson and extortion. The Commission also reported examples of other crimes associated with the pornography industry, including prostitution and other sexual abuse, narcotics distribution, money laundering and tax violations, copyright violations and fraud. Id. at 1056-65. Although the Pornography Commission report has been criticized for relying on the testimony of unreliable informants in drawing its conclusions finding links between pornography and organized crime (See Scott, Book Reviews, 78 J. Crim. L. & Criminology 1145, 1158-59 (1988)), its conclusions find additional support in recent state studies. The California Department of Justice recently reported that: California's primacy in the adult videotape industry is of law enforcement concern because the pornography business has been prone to organized crime involvement. Immense profits can be realized through pornography operations, and until recently, making and distributing pornography involved a relatively Iow risk of prosecution. But more aggressive law enforcement efforts and turmoil within the pomography business has destabilized the smooth flow of easy money £or some of its major upcratio~i~ ..... As long as control over pornography distribution is contested, and organized crime figures continue their involvements in the business, the pornography industry will rernain of interest tc law enforcement officials statewide. Bureau of Organized Crirne and Criminal Intelligence, Department of Justice, State of Calilbrr Organized Crime in California 1987' Annual Report to the California Legislature at 59-62 (1988). The Pennsylvania Crime Commission similarly determined in a 1980 report that most pomogralz stores examined ,,,,;ere affiliated or owned by one of three men who had ties with "nationally kno pornography figures who are members or associates of organized crime families." Pennsylvania Cri: Commission, A Decade of Organized Crime' 1980 Report at 119. For example, Reuben Sturrnan, a leading pomography industry figure based in Cleveland, was repor~ by.the. FBI in 1978 to have built his empire with the assistance of LCN member Di~::-":~:zrd.c,. Fede Bureau of Investigation Report Regarding the Extent of Organized Crirne Involvement in Pornograp (1978). Sturman, who reportedly controls half of the $8 billion United States pomography industry, recently indicted by a federal grand jury in Las Vegas for racketeering violations and by a federal gra jury in Cleveland for income tax evasion and tax fraud. Newsweek, August 8, 1988, at 3. Evidence of the vulnerability of sexually oriented businesses to organized crime involvem( underscores the importance of criminal prosecution of these businesses when they engage in ille, activities, including distribution of obscenity and support of prostitution. Prosecution can increase risk and reduce the profit margin of conducting illegal activities. It may also disclose organized crh association xvith local pornography businesses and increase the costs of criminal enterprise Minnesota. In addition to prosecution, forfeiture of property used in the illegal activities related to sexually orient businesses can cut deeply into profits. Regulation to permit license revocation for conviction subsequent crimes may also expose and increase control over criminal enterprises related to sexua oriented businesses. Prosecutorial and Regulatory Alternatives The regulation of many sexually oriented businesses, like other businesses dealing in activity with expressive component, is circumscribed by the First Amendment of the United States Constitution. Nonetheless, the First Amendment does not irnpose a barrier to the prosecution of obscenity, which not protected by the First Amendment, or to reasonable regulation of sexually oriented businesses if t; regulation is not designed to suppress the content of expressive activity and is sufficiently tailored accomplish the regulatory purpose. The Working Group believes that communities have more prosecutorial and regulatory opportuniti than they may currently recognize. The purpose of this section of the Report is to identify a~ recommend enforcement and regulatory opportunities. Of course, each community must decide on' own how to balance its limited resources and the wide variety of competing demands for such resource I. Obscenity Prosecution Obscene material is not protected by the First Amendment. Miller v. California, 413 U.S. 15, 93 S. ¢ 2607 (1973). The sale or distribution of obscene material in Minnesota is a criminal offense. The penal was recently increased to up to one year in jail and a $3,000 fine for a first offense, and up to two yea http ://www. c o m m uni tyde fen s e. o rg/c dcdocs/P C S O B/htm/P C S O B 2 ed_A pp F.h tm '.--. 1/14/20t2 in jail and a 510,000 fine for a second or subsequent oflkns:: within five },ears. I4] subd. 3 (1988). ~linn Stat. § 617.241, The Working Group believes that Minnesota's obscenity statutes are adequate to prosecute and penalize the sale and distribution of obscene materials. However, historically, widespread obscenity prosecution has not occurred. The Working Group believes this is not because the sale or distribution of obscene publications in Minnesota is rare, but because prosecutors have been reluctant to bring obscenity charges, because of limited resources, difficulties faced when prosecuting obscenity, and because obscenity has historically been considered a victimless crime. Obscenity, however, should no longer be viewed as a victimless crime.['''q]' There is mounting evidence that sexually oriented businesses are, as described earlier in this report, often associated with increases in crime rates and a decline in the quality of life of neighborhoods in which they are located. Further, as discussed previously, when there is no prosecution of obscenity, large cash profits make pornographic operations very attractive to members of organized crime. The Working Group thus believes that prosecution of obscenity, particularly cases invoMng children, violence or bestiality, should assume a higher priority for law enforcement officials. In addition, many of the difficulties faced when prosecuting obscenity can be addressed by adequate training and assistance. In order to prove that material is obscene, a prosecutor must prove' (i) that the average person, applying Contemporary community standards[,] would find that the work, taken as a whole, appeals to the prurient interest in sex; (ii) that the work depicts sexual conduct.., in a patently offensive manner; and (iii) that the work, taken as a whole, lacks serious literary, artistic political, or scientific value. Minn. Stat. § 617.241, subd. 1 (a)(i-iii) (1988). This statutory standard was drawn to be consistent with constitutional standards set forth in Miller, supra. To be sure, prosecutors face a number of hazards in prosecuting obscenity. They include inadequate training in this specialized area of law, attempts by defense attorneys to remove jurors who find pornography offensive, the offering into evidence of polls and surveys through expert testimony to prove tolerant community standards, efforts to guide jurors with jury instructions lhvorable to the defense, and discouragement with unsuccessful prosecutions. But the hazards can be overcome. Alan E. Sears, former executive director of the U.S. Attorney General's Commission on Pornography, has stated' Prosecutors can successfully obtain obscenity convictions in virtually any jurisdiction in the United States. In order to obtain a conviction, it is incumbent upon a prosecutor to prepare well, know the law, not fall into the "one case syndrome" trap, obtain a representative jury through proper voir dire, keep the focus of the trial on the unlawful conduct of the defendant, and obtain legally sound instructions. Sears, t~o~. 7'o Lose' ,4 Pornography Case, The CDL Reporter (n.d.). The Working Group heard testimony from prosecutors who have pursued obscenity cases nationa regarding effective ways to prosecute obscenity cases. Materials can be bought or rented, rather ti' seized under warrant. In the absence of survey data, community standards can be left to the wisdom the jury. In that case, experts should be prepared to testify if the defense attempts to make a statisti, case that the material is not obscene. Prosecution of obscenity is also likely to be most effective if ini~ prosecutions focus on materials which are patently offensive to the community, such as those involvi children, violence or bestiality. '['he experience of other cities has demonstrated that vigorous and sustained enforcement of obscen statutes can sharply reduce or virtually eliminate sexually oriented businesses. Cincinnati, Oma Atlanta, Charlotte, Indianapolis and Fort Lauderdale were cited to the Working Group as examples [61 cities which have successful programs of obscenity prosecution. The Working Group encoura[ prosecutors to take advantage of increasing training opportunities and other assistance for obscen prosecutions and to reassess the desirability of increased enforcement. The Working Group is pleased note that county attorneys and law enforcement groups in Minnesota have recently held forums a seminars on obscenity law enforcement and prosecution. The U.S. Justice Department's [Ch Exploitation and Obscenity Section] offers assistance to local prosecutors, including sample pleadin; [71 indictments, search warrants, motions, responses and trial memoranda. R.eco mm.endatio_n_s (1) City and county attorneys' offices in the Twin Cities metropolitan area should designate prosecutor to pursue obscenity prosecutions and support that prosecutor with specializ training. (2) The Legislature should consider funding a pilot program to demonstrate the efficacy obscenity prosecution and should cn~:~:~.~rage the pooling of resources bet~veen urban a~ suburban prosecuting offices by ~naking saci~ cooperation a condition of receiving any such gra funds. (3) The Attorney General should provide informational resources for city and count}, attorne who .proSecute obscenity crimes. (4) Obscenity. prosecutions should concentrate on cases that most flagrantly offend com~nuni standards. II. Other Legal Re nedies A.. RICO/Forfeiture In addition to traditional criminal prosecutions, use of RICO statutes and criminal and civil forfeitu actions may also prove to be successful against obscenity offenders. By attacking the crimin organization and the profits of illegal activity, such actions can provide a strong disincentive to ti establishment and operation of sexually oriented businesses. For example, the federal government and http://www.commun itydefense.org/cdcdocs/PCSOB/htm/PCSOB2ed_AppF.htm 412 0C - number of the twentv-ei,,ht. = states ~,,'hich hax'e enacted racketeer influ~:nced and corrupt: ~',.:anization._ (RICO) statutes include obscenity offenses as predicate crimes. Generally speaking, to vit,,ate a RiCO statute, a person must acquire or maintain an interest in or control of an enterprise, or must conduct the affairs of an enterprise tlu'ough a "pm:ern of criminal activity." That pattern of criminal activity may include obscenity violations, which in turn can expose violators to increased fines and penalties as ,,veil as forfeiture of all property acquired or used in the course of a RICO violation. These statutes generally enable prosecutors to obtain either criminal or civil forfeiture orders to seize assets and may also be used to obtain injunctive relief to divest repeat offenders of financial interests in sexually oriented businesses. See 18 U.S.C. §§ 1961-68 (West Supp. 1988). RICO statutes may be particularly effective in dismantling businesses dominated by organized crime, but they may be applied against other targets as well. The Working Group believes that Minnesota should enact a RICO-like statute that would encompass increased penalties for using a "pattern" of criminal obscenity acts to conduct the affairs of a business entity. Provisions authorizing the seizure of assets for obscenity violations should be considered, but the limitations imposed by the First Amendrnent must be taken into account. It has been argued that a RICO or forfeiture statute based on obscenity crime violations threatens to "chill protected speech" because it would pem~it prosecutors to seize non-obscene materials from distributors convicted of violating the obscenity statute. American Civil Liberties Union, Polluting The Censorship Debate: A Summctry And Critique Of The Final Report Of The Attorney General's Commission On Pornography at 116-117 (1986). However, a narrow majority of the United States Supreme Court recently held that there is no constitutional bar to a state's inclusion of substantive obscenity violations among the predicate of I~nses for its RICO statute. Sappenfield v. Indiana, 57 U.S.L.W. 4180, 4183-4184 (February 21,1989). The Court recognized that "any fon'n of criminal obscenity statute applicable to a bookseller will induce some tendency to self-censorship and have some inhibitory effect on the dissemination of material not obscene." Id. at 4184. But the Court ruled that, "the mere assertion of some possible self-censorship resulting from a statute is not enough to render an anti-obscenity law unconstitutional under our ,recedent." Id. The Court specifically upheld RICO provisions which increase penalties where there is a ~attem of multiple violations of obscenity laws. However, in a companion case, the Court also invalidated a pretrial seizure of a bookstore and its contents after only a preliminary finding of "probable caUse'' to believe that a RICO violation had occurred. Fort Wayne Books, Inc. v. Indiana, 57 U.S.L.W. 4180, 4184-4185 (February 21, 1989). The Court explained there is a rebuttable presumption that expressive materials are protected by the First Amendment. That presumption is not rebutted until the claimed justification for seizure of materials, the elements of a RICO violation, are proved in an adversary proceeding. Icl. at 4185. The Court did not specifically reach the fundamental question of whether seizure of the assets of a sexually oriented business such as a bookstore is constitutionally permissible once a RICO violation is proved. The Court explained' [F]or the purposes of disposing of this case, we assume without deciding that bookstores and their contents are tbrfeitable (like other property such as a bank account or yacht) when it is proved that these items are property actually used in, or derived from, a pattern of violations of the state's obscenity laws. Id. at 4185. The Working Group believes that a ILICO statute which provided for seizure of the contents of a sexually oriented business upon proof of RICO ,~'iolations would have the potential to significantly curtail the distribution of obscene materials. Although Minnesota does not have a RICO statute, it does have a forfeiture statute permitting t seizure of money and property which are the proceeds of designated felony offenses. Minn. Stat. 609.5312 (1988). But, this statute does not permit seizure of property related to commission oft offenses most likely to be associated with sexually oriented businesses. Obscenity crimes are not arno the offenses which justify forfeiture. Although solicitation or inducement of a person under age (Minn. Stat. § 609.322, subd. 1) or between the ages of 16 and 18 to practice prostitution (Minn. Stat 609.322, subd. 2) are included among the offenses which could justify seizure of property, many crim involving prostitution are outside the reach of the present Minnesota forfeiture law. The following crimes are not included among the crimes which can justify seizure of property a profits' solicitation, inducement, or promotion of a person between the ages of 13 and 16 to practi prostitution (Minn. Stat. § 609.322, subd. IA); solicitation, inducement or promotion of a persm'~ years of age or older to practice prostitution (Minn. Stat. § 609.322, subd. 3); receiving profit deriv from prostitution (Minn. Stat. § 609.323); owning, operating or managing a "disorderly house," in whi conduct habitually occurs in violation of laws pertaining to liquor, gambling, controlled substances prostitution (Minn. Stat. § 609.33). Although its reach would be much more limited, the legislature should also consider providing I forfeiture of property used to commit an obscenity offense or which represents the proceeds of obsceni offenses. Under the holding in Fort Wayne Books, Inc. v. Indiana, such forfeiture could not take place, at all, until it was proved that the underlying obscenity crimes had been committed. There are no comparable constitutional issues raised by enacting or enforcement of forfeiture statut based on violations of prostitution, gambling, 6'r liquor laws. The legislature may require sexual oriented businesses which violate these laws to fbrfeit their profits. The Working Group believes t~ such an expansion of forfeiture laws would give prosecutors greater leverage to control the operation those businesses which pose the greatest danger to the community. Rec._omme n da ti_o (1) The legislature should amend the present forfeiture statute to include as grounds for forfeitu all felonies and gross misdemeanors pertaining to solicitation, inducement, promotion or receiving pro: from prostitution and operation of a "disorderly house." (2) The legislature should consider the potential for a RICO-like statute with an obsceni predicate. ~ B. Nuisance Injunctions Minnesota law enforcement authorities may obtain an injunction and close down operations when facility constitutes a public nuisance. A public nuisance exists When a business repeatedly violates laxx pertaining to prostitution, gambling or keeping a "disorderly house." The Minnesota public nuisance la permits a court to order a building to be closed for one year. Minn. Stat. § § 617.80-.87 (1988). htto'/lwww, commun i tvdefense.or~/edcdoc.q/PCSO l:lfhin~tPC~ ©ltl? ed A nnF_htm Nuisance injunctions to close .jcwn sexually oriented businesses which repeatedly violate laws pertaining to prosecution, gambling or disorderly conduct are potentially powerful regulatory devices. The fact that a building in which prostitution or off:er offenses occur houses a sexually oriented business does not shield the facility fi'om application of nuisance law based on such offenses..4rcara v. Cloud BooM, Inc., 478 U.S.697, 106 S.Ct. 3172 (1986) (First Amendment does not shield adult bookstore from application of New York State nuisance law designed in part to close places of prostitution). Although the Working Group believes that nuisance injunctions with an obscenity predicate would be effective in controlling sexually oriented businesses, such provisions would probably be unconstitutional under current U.S. Supreme Court decisions. Six Supreme Court justices joined in the Arcara result, but two of them-Justices O'Connor and Stevens-concurred with these words of caution' If, however, a city were to use a nuisance statute as a pretext for closing down a book store because it sold indecent books or because of the perceived secondary effects of having a purveyor of such books in the neighborhood, the case would clearly implicate First Amenth~ent concerns and require analysis under the appropriate First Amendment standard of review. Because there is no suggestion in the record or opinion below of such prctexmal use of the New York nuisance provision in this case, I concur in the Court's opinion and judgment. Arcara, supra, 478 U.S. at 708, 106 S.Ct. at 3178. .. In an earlier case, Vance v. Universal Amusement, 445 U.S. 308, 100 S.Ct. 1156 (1980), the Court ruled ~. .... unconstitutional a Texas public nuisance statute authorizing the closing of a building tbr a year if the ..... building is used "habimal[ly]" for the "commercial exhibition of obscene material." Id. at 310 n.2, 100 S. · Ct. at 1158 n.2. The Court's recent holdings in Sappenfield and Fort Wa)'ne Books, Inc. give no indication that the Court would now look more favorably upon an injunction to close down a facility which sold obscene materials. The Court assumed without deciding that tbrf'eiture of bookstore assets could be constitutional in a RICO case. But, in making this assumption, the Court distinguished forfeiture of assets under RICO from a general restraint on presumptively protected speech. The court approved the reasoning of the Indiana Supreme Court that, "The remedy of forfeiture is intended not to restrain the future distribution of presumptively protected speech but rather to disgorge assets acquired through racketeering activity." Fort Wayne Books; Inc. at 4185. The Court assumed that RICO provisions could be upheld on the basis that "adding obscenity-law violations to the list of RICO predicate crimes was not a mere rule to sidestep the First Amendment." Id. Without the relationship to proceeds of crime, a remedy which closed a facility for obscenity violations would be far less likely to withstand constitutional scrutiny. !.!.e. co m...m...e, n d a tio n s (1) Prosecutors should use the public nuisance statute to enjoin operations of sexually oriented businesses which repeatedly violate laws pertaining to prostitution, gambling or operating a disorderly house. II1. Zoning Zoning ordinances can be adopted to regulate the location of sexually oriented businesses without violating the First Amendment. Such ordinances can be designed to disperse or concentrate sexually oriented businesses, to keep them at designated distances from specific buildings or areas, such as churches, schools and residential neighborhoods or to restrict buildings to a single sexually oriented usage. Because zoning is an important regulato~3' tool when properly c:~acted, the Working Gr{ believes a careful explanation of the lax,,: and a reviev,' of potential problems in drafting zon ordinances may be helpful to communities considering zoning to regulate sexually oriented bu:,inesse~ A..Supreme..Court Decisions The U.S. Supreme Court upheld the validity of municipal adult entertainment zoning regulations Young v. American Mini Theaters, Inc., 427 U.S. 50, 96 S. Ct. 2440 (1976), and City of Rentor, [.81 Playt#ne Theaters. Inc., 475 U.S. 41,106 S. Ct. 926 (1986). In Young, the Court upheld the validity of Detroit ordinances prohibiting the operation of them [9] showing sexually explicit "adult movies" within 1,000 feet of any two other adult establishments. '~ ordinances authorized a waiver of the 1,000-foot restriction if a proposed use would not be contrar'~. the public interest and/or other factors were satisfied. Young, supra, 427 U.S. at 54 n.7, 96 S. Ct. at 2; n.7. The ordinances were supported by urban planners and real estate experts who testified t concentration of adult-type establishments "tends to attract an undesirable quantity and quality transients, adversely affects property values, causes an increase in crime, especially prostitution,: encourages residents and businesses to move elsewhere." Icl. at 55, 96 S. Ct. at 2445. A "myriad" locations were left available for adult establishments outside the forbidden 1,000-foot distance zone, ~ no existing establishments were affected. Id. at 71 n.35, 96 S. Ct. at 2453 n.35. Writing for a plurality of four, Justice Stevens upheld the zoning ordinance as a 'reasonable regulation the place where adult films may be shown because (1) there was a factual basis for the city's conclus! that the ordinance would prevent blight; (2) the ordinance was directed at preventing "secondary effec of adult-establishment concentration rather than protecting citizens from unwanted "offensive" spec, (3) the ordinance did not greatly restrict access to lawful speech, and (4) "the city must be allowe( reasonable opportunity to experiment with solutions to admittedly serious problems." Id. at 63 n. 18, nn.34, 35, 96 S. Ct. at 2448-49 n. 18, 2452-53 nn.34, 35. Justice Stevens did not expressly describe the standard he had used, but it was clear that the plural would afford non-obscene sexually explicit speech lesser First Amendment protection than otl categories of speech. However, four dissenters and one concurring justice concluded that the degree protection afforded speech by the First Amendment does not vary with the social value ascribed to t! speech. In his concurring opinion, Justice Powell stated that the four-part test of United States O'Brien, 391 U.S. 367, 377, 88 S. Ct. 1673, 1679 (1968), should apply. Powell explained: Under that test, a govemmental regulation is sufficiently justified, despite its incidental impact upon First Amendment interest, "if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on . .. First Amendment freedom is no greater than is essential to the furtherance of that interest." 427 U.S. at 79-80, 96 S. Ct. at 2457 (citation omitted) (Powell, J., concurring). Perhaps because Justice Stevens' plurality opinion did not offer a clearly articulated standard of revie post-Young courts often applied the O'Brien test advocated by Justice Powell in his concurring opinic Many ordinances regulating sexually oriented businesses were invalidated under the O'Brien test. S R.M. Stein, Regulation of Adult Businesses through Zoning After Renton, 18 Pac. L.J. 351,360 (198 ("consistently invalidated"); S.A. Bender, Regulating Pornography Through Zoning: Can We "Cler http://www, co mm uni tyd e fen s e. o rg/c dc d o c s/P C SO B/htm/P C S O B 2 ed_App F.h tm 1/14/20( c,?.'," Hr;:~o/t,!u:;', 8 U !-law. L. Rex,. 75. t05 (1986) (ordinances uI.~:~cld 'n ,:,."~!y about half tire cases). Applying Young, the Eigl:th Circuit Court of Appeals invalidated a zoning ordinance adopted by the cit.,,, of Minneapolis..4lexander v. City' qf ?,.tinneapolis, 698 F.2d 936 (Sth Cir. 1983). In Alexander, the challenged ordinance had three major restrictions on sexually oriented businesses' distancing from specified uses, prevention of concentration and amortization. It prohibited a sexually oriented business from operating within 600 feet of districts zoned for residential or office-residences, a church, state- licensed day care facility and certain public-schools. It forbade an adults-only facility from operating within 500 feet of any other adults-only facility. Finally, the ordinance required existing sexually oriented entertainment establishrnents to conform to its provisions by moving to a new location, if necessary, within four years. The Eighth Circuit ruled that the Minneapolis ordinance created restrictions too severe to be upheld under the Young decision. It would have required all five of the city's sexually oriented theaters and between seven and nine of the city's ten sexually oriented bookstores to relocate and would have required these facilities to compete with another 18 adult-type establishments (saunas, massage parlors and "rap" parlors) for a maximum of 12 relocation sites. The effective result of enforcing the ordinance would be a substantial reduction in the number of adult bookstores and theaters, and no new adult bookstores or theaters would be able to open, the Court concluded. Alexander; supra, 698 F.2d at 938. In Renton, supra, the United States Supreme Court adopted a clearer standard under which regulation of sexually oriented businesses could be tested and upheld. The Court upheld an ordinance prohibiting adult movie theaters from locating within 1,000 feet of any residential zone, single- or multiple-family 'dwelling, church, park or school. Justice Rehnquist, writing for a Court majority that included Justices Stevens and Powell, stated that the Renton ordinance did not ban adult theaters altogether and that, therefore, it was "properly analyzed as a form of time, place and manner regulation." Id. at 46, 106 S. Ct. at 928. When time, place and manner regulations are "content-neutral" and not enacted "for the purpose of restricting speech on the basis of its content," they are "acceptable so long as they are designed to serve a substantial govermnental interest and do not unreasonably limit alternative avenues of communication," Rehnquist stated. Id. He found the Renton ordinance to be content-neutral because it was not aimed at the content of films shown at adult theaters. Rather, the city's "predominant concerns" were with the secondary effects of the theaters. Id at 47, 106 S. Ct. at 929 (emphasis in original). Once a time, place or manner regulation is determined to be content-neutral, "[t]he appropriate inquiry ... is whether the.., ordinance is designed to serve a substantial govermnental interest and allows for reasonable avenues of communication," Rehnquist wrote for the Court. Id. at 50, 106 S. Ct. at 930. The Supreme Court found that Renton's "interest in preserving the quality of urban life" is a "vital" governmental interest. The substantiality of that interest was in no way diminished by the fact that Renton "relied heavily" on studies of the secondary effects of adult entertainment establishments by Seattle and the experiences of other cities, Rehnquist added. Id. at 51,106 S. Ct. at 930-31. The First Amendment does no require a city, before enacting such an ordinance, to conduct new studies or produce evidence independent of that already generated by other cities, so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses. That was the case here. Nor is our holding, affected by the fact that Seattle ultimately chose a different method of adult theater zoning than that chosen by Renton, since Seattle's choice of a different remedy to combat the secondary effects of adult theaters does not call into question either Seattle's identification of those secondary effects or the relevance of Seattle's experience to Renton. Id. at. 51-52, 106 S. Ct. at 931. Rehnquist's inquiry then addressed the means chosen to ,*hrther Renton's substantial interest and inquix into whether the Renton ordinance was sufficiently "narrowly tailored." His comments on Renton's means to further its substantial interest suggest that municipalities have wide latitude in enacting content-neutral ordinances aimed at the secondary, effects of a& entertainment establishments. He quoted the )'oung plurality for the proposition that: It is not our function to appraise the wisdom of [the city's] decision to require adult theaters to be separated rather than concentrated in the same areas ... [The] city must be allowed a reasonable opportunity to experiment with solutions to admittedly serious problems. Id. at.52, 106 S. Ct. at 931 (quoting Young, supra, 427 U.S. at 71, 96 S.Ct. at 2453). As to the "narrowly tailored" requirement, Rehnquist found that the Renton ordinance only affect theaters producing unwanted secondary effects and, therefore, was satisfactory. Id. The second prong of Renton's "time place, manner" inquiry-the availability of alternative avenues communication-was satisfied by the district court's finding that 520 acres of land, or more than fi percent of Renton, were left available for adult-entertainment uses, even though some of that develop area was already occupied and the undeveloped land was not available for sale or lease. A majority the Court tbund: That [adult theater owners] must fend for themselves in the real estate market, on an equal footing with other prospective purchasers and lessees, does not give rise to a First Amendment violation... In our view, the First Amendment requires only that Renton refrain from effectively denying [adult theater owners] a reasonable opportunity to open and operate an adult theater within the city, and the ordinance before us easily meets this requirement. Id. at 54, 106 S. Ct. at 932. _B..,_S__ta__ndards .a...n..d....N_ee_d_t.'..o.r L.e. gal Zoning Unlike Young, the Renton case spells out the standards by which zoning of sexually oriented business, should, be tested. Renton and several lower court decisions rendered in its wake suggest that the t,~ most critical areas by which the ordinances will be judged are (1) whether there is evidence th ordinances were enacted to address secondary impacts on the community, and (2) whether there a: enough locations still available tbr sexually oriented businesses so that zoning is not just a pretext ~ eliminate pornographic speech. This section first describes some of the legal considerations which communities must keep in mind ' drafting zoning ordinances for sexually oriented businesses. Then, some suggestions are provided, base on evidence reviewed by the Working Group, of types of zoning which can be enacted to reduce ti~ secondary effects of sexually oriented businesses. .l,.. Documentation to Support Z.o..ni. ng__O, rdinances http://www, cornm unity de fen s e. o rg/c d cdo c s/P C S O B/h tm/PCS O B 2ed_A pp F.htm : 1/14~200 Sexually.', oriented speech which is not obscene can~ot be. restricted on t!',e basis of its content without framing afoul of the First Amendm,.nt. The justification for regulating sexm"y oriented businesses is based on proof that the zoning is needed ~o reduce secondary effects of the businesses cn the community. Since Renton, a number of adult entertainment zoning ordinances have been invalidated for failure of thc: enacting body to document the need for zoning regulations. Thus. one court invalidated a zoning ordinance because there was "very little, if any, evidence of the secondary effects of adult bookstores... before the City Council." 11126 Baltimore Boulevard, supra, 684 F. Supp. at 895; see also To#is Inc. v. San Bernardino CounO,, 827 F.2d 1329, 1333 (9th Cir. 1987) (ordinance construed to prohibit single showing of adult movie in zoned area; invalidated for failure to present evidence of secondary effects of single showing); but see Thames Enterprises v. City of St. Louis, 851 F.2d 199, 201-02 (8th Cir. 1988) (observations by legislator of secondary effects sufficient). On-the other hand, it is not necessary for each municipality to conduct research independent of that already generated by other cities. The Renton court held that evidence of the need for zoning of sexually oriented businesses can be provided by studies from other cities "so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses." Renton at 51, 106 S. Ct. at 931. See also SD J, Inc. v. City of Houston, 837 F.2d 1268, 1274 (5th Cir. 1988) (public testimony from experts, supporters and opponents and consideration of studies by Detroit, Boston, Dallas and Los Angeles sufficient evidence of legitimate purpose). The first section of this report summarizes evidence fi'om various cities documenting the secondary effects of sexually oriented businesses. Following Renton, it is intended that local communities will make use of this evidence in the course of assembling support for reasonable regulation of sexually oriented businesses. 2_.,.._A_v_a_.i !a_.bi. !i.t. y of. L_o_.c.._a tio.n..s._f_or_.S__e_x__ua!ly O ri e.n..._t e_d_B_us..i_n__e_s_s.e.s. Courts also evaluate whether zoning of sexually oriented businesses is merely a pretext for prohibition by reviewing the alternative locations which remain for a sexually oriented business to operate under the zoning scheme. A municipality must "refrain from effectively denying ... a reasonable opportunity to open and operate" a sexually oriented business. Renton, supra, 476 U.S. at 54, 106 S. Ct. at 932. Access may be regarded as unduly restricted if adult entertainment zones are unreasonably small in area or if the number of locations is unreasonably few. There is no set amount of land or number of locations constitutionally required. The Renton court found that 620 acres of "accessible real estate," including land "criss-crossed by freeways"- more than five percent of the entire land area in Renton - was sufficient. 475 U.S. at 53, 106 S.Ct. at 932. The Young court found the availability of "myriad" locations sufficient. 427 U.S. at 72 n.35, 96 S.Ct. at 2453 n.35. Whether .058 square miles constituting .23 of 1 percent of the land area within the city's central business zone is sufficient is not clear. See Alexander v. The City of Minneapolis (Alexander II), No. 3-88-808, slip op. at 22 (D. Minn. May 22, 1989) (less than 1% of land area could be valid if "ample actual opportunities" for relocation exist); Christy v. City of Ann Arbor, 824 F.2d 489, 490, 493 (6th Cir. 1987) (remanding for a determination of excessive restriction). See also 11126 Baltimore Boulevard, Inc. v. Prince George's County of Mao,iand, 684 F. Supp. 884 (D. Md. 1988) (20 alternative locations sufficient); Alexander v. City of Minneapolis', 698 F.2d 936, 939 n.7 (Sth Cit'. 1983) (pre-Renton; 12 relocation sites for at least 28 existing adult establishments not sufficient). The sufficiency of sites available for adult entertainment uses may be measured in relation to a number of factors. See, e.g., Alexander' il, xz..,pra, slip op. at 22-23 (insufficient if relocation site owners ret'u: sell or lease); International Food & Be¥'erage S)'stems, b~c.. 794 F.2d 1520. 1526 (1 l th Cir. 1, (suggesting number of sites should be determined bv, reference to community needs, incidenc, establishments in other cities, goals of city plan); Basiar&mes v. Cio~ of Gah,eston, 682 F.2d 1203, 1 (5th Cir. 1982) (pre-Renton case striking zoning regulation restricting adult theaters to industrial a that were "largely a patchwork of swamps, warehouses, and railroad tracks ... lack[ing] access n and retail establishments"). However, the fact that land zoned for adult establishments is already occupied or not currently for or lease will not invalidate a zoning ordinance. Renton, supra, 475 U.S. at 53-54, 106 S. Ct. at 932; see Alexander 1 I, supra, slip op. at 22-23 (reasonable relocation opportunity absent where owners re to sell or rent). There is no requirement that it be economically advantageous tbr a sexually orie~ business to locate in the areas permitted by law. 3_._ Dis_t_a. n c e ..R_eq u i r e...m., e_n_t s Another factor that may be examined by some courts is the distance requirement established by an a, entertainment zoning ordinance. In SD J, h~c. v. Houston, 837 F.2d 1268 (Sth Cir. 1988), the Court' asked to invalidate a 760-foot distancing requirement on the ground that the city had not proved that feet, as opposed to some other distance, was necessary to serve the city's interest. The Court found that an adult entertainment zoning ordinance is "sufficiently well tailored i effectively promotes the government's stated interest" and declined to "second-guess" the city coun Houston, supra, 837 F.2d at 1276. Courts have sustained both requirements that sexually oriented businesses be located at specit distances from each other, see Young, supra, (upholding distance requirement of 1000 feet betw, sexually oriented businesses), and requirements that sexually oriented businesses be located at fi: distances from other sensitive uses, see Renton. supra, (upholding distance requirement of 1000 I between sexually oriented businesses and residential zones, single-or-multiple family dwellir. churches, parks or schools). The Working Group heard testimony that when an ordinance establishes distances between sexm oriented uses, an additional regulation may be needed to prevent operators of these businesses fr, defeating the intent of the regulation by concentrating sexually oriented businesses of various ty1 under one root; as in a sexually oriented mini-mall. The city of St. Paul has adopted an ordinm preventing more than one adult use (e.g., sexually oriented theater, bookstore, massage parlor) fr{ locating within a single building. A similar ordinance was upheld in the North Carolina case of H, Book Stores, Inc. v. Edmisten, 612 F.2d 821 (4th Cir. 1979), cert. denied, 447 U.S. 929 (1980). The experience with multiple-use sexually oriented businesses at the University-Dale intersecti suggests that these businesses have a greater potential for causing neighborhood problems than single-use sexually oriented businesses. Following Renton, it is suggested that lawmakers document adverse effects which the community seeks to prevent by prohibiting multiple-use businesses befc enacting this type of ordinance. .4, Requiring Existing Businesses to.Co~nply wit!~ New Zoning Zoning ordinances can require existing sexually-oriented businesses to close their operations provided they do not foreclose the operation of such businesses in new locations. Under such provisions, an existing business is allowed to remain at its present location, even though it is a non-conforming use, a limited period. The Minnesota Supreme Court has explained the theory this way: The theory behind this legislative device is that the useful life of the nonconforming use corresponds roughly to the amortization period, so that the owner is not deprived of his property until the end of its useful life. In addition, the monopoly position granted during the amortization period theoretically provides the owner with compensation for the loss of some property interest, since the period specified rarely corresponds precisely to the useful life of any particular structure constituting the nonconforming use. Naegele Outdoor Advertising Co. v. Village of Minnetonka, 162 N.W.2d 206, 213 (Minn. 1968). Such provisions applied to sexually oriented businesses have been said to be "unifom~ly upheld." Dumas v. CiO, of Dallas, 648 F. Supp. 1061, 1071 (N.D. Tex. 1986), afJ'd, FW/PBS, b~c. v. City of Dallas, 837 F.2d 1298 (5th Cir. 1988) (citing cases). . As detailed in the first section of this report, there are significant secondary impacts upon communities · . ~..~ related to the location of sexually oriented businesses. These impacts are intensified when sexually oriented businesses are located in residential areas or near other sensitive uses and when sexually oriented businesses are concentrated near each other or near alcohol oriented businesses. The Working Group believes that evidence fi'om studies such as those described in the first section of this report and anecdotal evidence from neighborhood residents and police officers should be used to support the need for zoning ordinances which address these problems. Reco rn m e n_.d_ _a. t! o n..s (1) Communities should document findings of adverse secondary effects of sexually oriented businesses prior to enac,ing zoning regulations to control these uses so that such regulations can be upheld if challenged in court. (2) To reduce the adverse effects of sexually oriented businesses, co~nmunities should adopt zoning regulations to set distance requirements bet~veen sexually oriented businesses and sensitive uses, including but not limited to residential areas, schools, child care facilities, churches and parks. (3) To reduce adverse impacts from concentration of sexually oriented businesses, communities should adopt zoning ordinances which set distance requirements bet~veen liquor establishments and sexually oriented businesses and should consider restricting sexually oriented businesses to one use per building. (4) Communities should require existing businesses to comply with new zoning or other regulation pertaining to sexually oriented businesses within a reasonable time so that prior uses will conform to new laws. IV. Licensing and Other Regulations Licensing and other regulations may also be used to reduce the adverse effects of sexually orientt businesses. The critical requirements which communities must keep in mind are that regulations must 1 narrowly crafted to address adverse secondary effects, they must be reasonably related to reduction, these effects and they must be capable of objective application. If these standards can be met, licensir and other regulatory provisions may play an important role in preventing unwanted exposure to sexual oriented materials and in reducing the crime problems associated with sexually oriented businesses. It is clear that failure to act upon a license application for a sexually oriented business cannot take t~ place of regulation. Without justification, denial or failure to grant a license is a prior restraint violation of the First Amendment. Parkway Theater Corporation v. City of Minneapolis, No. 71678 slip. op. (Henn. Co. Dist. Ct., Sept. 24, 1975). An ordinance providing for license revocation of an adt motion picture theater if the licensee is convicted of an obscenity offense is also likely to be he unconstitutional as a prior restraint of free speech. Alexander v. Cio~ of St. Paul, 227 N.W.2d 370 (M~t, 1975). The Alexander court stated: [W]hen the city licenses a motion picture theater, it is licensing an activity protected by the First Amendment, and as a result the power of the city is more limited than when the city licenses activities which do not have First Amendment protection, such as the business of selling liquor or running a massage parlor. Id. at 373 (footnote omitted); see also Cohen v. City of Daleville, 695 F. Supp. 1168, 1171 (M.D. Al 1988) (past sale of obscene material cannot justify revocation of license). However, the courts have permitted communities to deny licenses to sexually oriented businesses if tl person seeking a license has been convicted of other crimes which are closely related to the operation ~ sexually oriented businesses. In Dumas v. City of Dallas, supra, the court reviewed a requirement that a license applicant not ha, been convicted of certain crimes within a specified period. Five of the enumerated crimes were held be not sufficie::tly related to the purpose of the adult entertainment licensing ordinance because the ci had made no findings on their justification. The invalid enumerated offenses were controlled substanc~ act violations, bribery, robbery, kidnapping and organized criminal activity. The court uphel requirements that the licensee not have been convicted of prostitution and sex-related offenses. Id. 1074. If a community seeks to require that persons with a history o1' other crimes be denied license clear findings must first be made which justify denial of licenses on that basis. The Dumas court also invalidated portions of the licensing ordinance permitting the police chief to den a license if he finds that the applicant "is unable to operate or manage a sexually oriented busine: premises in a peaceful and law abiding manner" or is not "presently fit to operate a sexually oriente business." Neither provision satisfied the constitutional requirement that "any license requirement for a activity related to expression must contain narrow, objective, and definite standards to guide tL licensing authority." Id. at 1072. See also Alexander II, supra, slip op. at 16 (unconstitutionally vague t define regulated bookstores as those selling "substantial or significant portion" of certain publications 11126 Baltimore Boulevard, supra, 684 F. Supp. at 898-99 (striking ordinance allowing zoning officia.- to deny permit if adult entertainment establishment is not "in harmony" with zoning plan, does nc "substantially impair" master plan, does not "adversely affect" health, safety and welfare and is nc "detrimental" to neighborhood because such standards are "subject to possible manipulation an. arbitrary application"). A number of courts have upheld ordinances requiring that viewing booths in adult theaters be open t httn-/lwww rnrnm~n/tvcl~f~,n~, nrolrrlrclr~relPC'qClRIhtmlP("q('lRgorl Annl:: htrn l tl discourage illegal and unsanitary sexual activity. See, e.g., Doe ~' CiO' o./'glin~';eapolis, 693 F. Supp. 774 (D. Minn. 1988). Licensing provisions and ordinances forbidding massage parlor employees I?om administering massages to persons of the opposite sex have withstood equal protection and privacy and associational right challenges. See Clampitt v. City of Ft. Wayne, 682 F. Supp. 401, 407'-408 (N.D. Ind. 1988) (equal protection); Wigginess, Inc. v. b)'uchtman, 482 F. Supp. 681,689-90 (S.D.N.Y. 1979), affld, 628 F.2d 1346 (2d Cir. 1980), cert. denied, 449 U.S. 842, 101 S. Ct. 122. However, some courts have found same-sex massage regulations to be in violation of Title VII of the Civil Rights Act of 1964. See Stratton v. Drumm, 445 F. Supp. 1305, 1310-11 (D. Conn. 1978); Cianciolo v. Members of City Council, 376 F. Supp. 719, 722-24 (E.D. Tenn. 1974); Joseph v. House, 353 F. Supp. 367, 374-75 (E.D. Va.), affd sub nom. Joseph v. Blair, 482 F.2d 575 (4th Cir.), cert. denied, 416 U.S. 955, 94 S. Ct. 1968 (1974). Contra, Aldred ~,. Duling, 538 F.2d 637 (4th Cir. 1976). Although the Working Group expressed strong concern about the operation of prostitution under the guise of massage parlors, this type of regulation is not advisable because legitimate therapeutic massage establishments could find their operations curtailed. Prostitution may be better controlled through prosecution and use of post-conviction actions such as forfeiture or enjoining a public nuisance. In 1985, a court upheld an ordinance making it unlawful to display for commercial purposes material "harmful to minors" unless the material is in a sealed wrapper and, if the cover is harmful to minors, has an opaque cover. Upper Midwest Booksellers Ass'n v. City of Minneapolis, 780 F.2d 1389 (Sth Cir. 1985). Last year, the legislature enacted a state law similarly prohibiting display of sexually explicit material which is harmful to minors unless items are kept in sealed wrappers and, where the cover itself would be ham~ful to minors, within opaque covers. Minn. Stat. § 617.293 (1988). This law has the potential to protect minors from exposure to sexually oriented materials. Communities also have considerable discretion to regulate signage so that the exterior of sexually oriented businesses does not expose unwitting obsen, ers to sexually explicit messages. Recommendations (1) Prior to enacting licensing regulations, communities should document findings of adverse secondary effects of sexually oriented businesses and the relationship between these effects and proposed regulations so that such regulations can be upheld if challenged in court. (2)" Communities shou:.d adopt regulations which reduce the likelihood of criminal activity related to sexually oriented businesses, including but not limited to open booth ordinances and ordinances which authorize denial or revocation of licenses when the licensee has committed offenses relevant to the operation of the business. (3) Communities should adopt regulations which reduce exposure of the community and minors to the blighting appearance of sexually oriented businesses including but not limited to regulations of signage and exterior design of such businesses and should enforce state law requiring sealed wrappers and opaque covers on sexually oriented material. Conclusion There are many actions which communities may take within the !ax,,.,' to protec: themselx-es from ~ adverse secondary effects of sexually r~riented businesses. Prosecution of obscenity crimes can pla'., vital role in decreasing the profitability of sexually oriented businesses and removing materials whi, violate community standards from local outlets. Forfeiture and injunction to prevent public nuisan should be available where sexually oriented businesses are the site of sex-related crimes and violatio of laws pertaining to gambling, liquor or controlled substances. These actions will remove the mc egregious establishments from communities. Zoning can reduce the likelihood that sexually oriented businesses will lead to neighborhood blig Licensing can sever the link between at least some crime figures and sexually oriented business{ Regulation and enforcement can protect minors from exposure to sexually explicit materials. The Attorney General's Working Group on the Regulation of Sexually Oriented Businesses believes tt prosecution, seizure of profits, zoning and regulation of sexually oriented businesses should done in keeping with the constitutional requirements of the First Amendment. Rational regulation can fashioned to protect both our communities and our constitutional rights. [].l [.2.1 [3_.1 Hafiz was acquitted of the perjury charges. St. Paul Pioneer Press, Jan. 11, 1989 at 10A. The City of St. Paul bought out the Faust for $1.8 million, closing the entertainment complex on March 7, 1989. The First Amendment provides: "Congress shall make no law respecting an establishment of religion, or prohibiti the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to asscmb or to petition the government for redress of grievances." The constitutional guarantee of freedom of speech, often the ba? for challenges to regulation of sexually oriented businesses, restricts state as well as federal actions. See, e.g., Fiske Kansas, 27 U.S. 380, 47 S.Ct. 655 (1927). The prior penalty was a fine only - tip to $10,000 for a first offense and up to $20,000 for a second or subsequt offense. Minn. Stat. § 617.24 l, subd. 3 (1986). Obscenity arrests are so infrequent that incidents involving possible violatie of section 617.241 are not separately compiled by the Minnesota Bureau of Criminal Apprehension. See Bureau of Crimir, Apprehension, 1987 Minnesota Annual Report on Crime, Missing Children and Bureau of Criminal Apprehension Activitie.. Two blue ribbon commissions have reached different conclusions regarding the harmfulness of sexually explb material to individuals. A presidential Commission on Obscenity and Pornography concluded in 1970 that there was] evidence of "social or individual harms" caused by sexually explicit materials and, therefore, "federal, state and loc legislation prohibiting the sale, exhibition, or distribution of sexual materials to consenting adults should be repealed." T, Report. ofth. e Corem 'n on Obscenity and Pornography at 57-8 (Bantam Paperback ed. 1970). However, in 1986, the Attomt General's Commission on Pornography concluded that 'sexually violent materials . . bear.., a causal relationship antisocial acts of sexual violence [and that] the evidence supports the conclusion that substantial exposure to [nonviolen degrading material increases the likelihood for an individual [to] commit an act of sexual violence or sexual coercion Attorney General's Comm'n on Pornography, I Final Report at 326, 333 (1986). [6] Memorandum to Jim Bellus, executive assistant to St. Paul Mayor George Latimer (prepared by St. Pa, Department of Planning and Economic Development (July 5, 1988); see also Waters "The Squeeze on Sleaze," Newswee Feb. 1, 1988, at 45 ("After more than 10 years of Levin heavy fines and making arrests, Atlanta has won national renown; 'the city that cleaned up pornography.'"). [..71 The Address of the [Child Exploitation and Obscenity Section] is U.S. Justice Department, 10th & Pennsyivan, Ave. N.W., Room 2216, Washington, D.C. 20530. Its telephone number is 202-[514]-5780. Assistance is also available fro] [Community Defense Counsel, 15333 N. Pima Rd., £uite 165 Scottsdale, AZ 85260; .cdc~,coq!munitydefen_se.o_rg whic makes available "The Preparation and Trial of an Obscenity Case: A Guide for the Prosecuting Attorney." Its telephor. number is 480-444-0020. The National Obscenity Law Center, another private organization is located at 475 Riverside Driw Suite 239, New York, N.Y. 10115. It publishes an Obscenity Law Bulletin and the "Handbook on the Prosecution c http://www.communitydefense.org/cdcdocs/PCSOB/htm/PCSOB2ed....AppF.htm 1/14/200 (".'!;sccn:ty Cases "lis tclcphonc number is 212-~7(!-: '_'22' n:im 'gnioralit)'in:nedia.org]. The only reported Minneso:a cou;l case reviewing an adult entertainment zoning ordinance is 6'it~., of St. P~mi v. Carlone, 419 N.W.2d 129 (Minn. App. 1988) (Upholding facial constitutionality of St. Paul ordinance). The ordinances also prohibited ti:e location of an adult theater within 600 feet of a residential area, .but this provision was invalided by the district coup, and that decision was not appealed. Young v. American Mini Theate~x. I~tc., 427 U.S. 50, 62 n.2,96 S.Ct. 2440, 2444 n. 2 (1976). [!_0.1 Of 11 recent post-Renton adult-entertainment zoning decisions by federal courts, five invalidated ordinance, t~ee upheld ordinances and three ordered a remand to district court for further proceedings. Zoning ordinances were struck in Avalon Cinema Corp. v. Thompson, 667 F.2d 659 (8th Cir. 1987) (city council hiled to offer evidence suggesting neighborhood decline would result); Tollis, Inc. v. San Bernardino Co~tnt)..', 827 F.2d 1329 (9th Cir. 1987) (no evidence presented to legislative body of secondary harmful effects); Ebel v. Corona, 767 F.2d 636 (9th Cir.)(lack of effective alternative locations; 11126 Baltimore Boulevard, Inc. v. Prince George ~ CounO, of Maryland, 684 F. Supp. 884 (D. Md. 1988)(insufficient evidence of seconda~ effects presented to legislative body; special exception provisions grant excessive discretionary authority to zoning officials); and Peoples Tags, Inc. v. Jac~on County Legislature, 636 F.Supp. 1345 (W.D. Mo. 1986)(improper legislative pu~ose to prevent continued operation of adult-entertainment establishment). Zoning ordinances were upheld in SD J, Inc. v. Ciw of Houston, 837 F.2d 1268 (5th Cir. 1988); FIWPB& b~c. v. Ci~ of Dallas, 837 F.2d 1298 (6th Cir. 1988); and S& G.¥ews b,c. v. CiO, of Southgate, 638 F.Supp. 1060 (E.D. Mich. 1986), aff'd ,~'ithout published opinion, 819 F.2d 1142 (6th Cir. 1987), cert. denied,~ U.S. ~, 108 S.Ct. 1013 (1988) (remand for determination of excessive restrictions); h~ternational ~od & Beverage &.,stems v. City q[Fort Lauderdale, 794 F.2d 1520 (11~h Cir. 1986) remand tbr reconsideration in light of Renton, supra; nude bar ordinance); and l~h~ut Properties, Inc. v. Ci~' oJ'l}7~ittier, 808 F.2d 1331 (9th Cir. 1986) (remand, in part, for determination of and availability). PREVENTING THE SECONDARY EFFECTS OF ADULT ENTERTAINMENT ESTABLISHMENTS: IS ZONING THE SOLUTION? DANA M. TUCKER' Table of Contents I. ThePower to Zone .................................................................................................. 385 A. The Evolution of Zoning in the United States ......................................... 385 B. The Development of Zoning in Florida ..................................................... 388 II. Zoning and the Adult Entertainment Industry .............................................. 390 A. First Amendment Protection of Expressive Speech ............................... 391 B. Nude Dancing as Expressive Conduct: Eroticism or Obscenity? ................................................................................. 395 C. The Four-Prong Test of Regulating Expressive Speech ........................ 397 D. Restrictive Zoning Regulations in Florida ............................................... 410 III. The Secondary Effects of Adult Entertainment Establishments on Residential Neighborhoods ............................................. 412 A. Adverse Effects and Their Causes .............................................................. 412 B. The Relationship Between Adverse Effects and Location of Adult Businesses ...................................................................... 419 IV. Possible Solutions to Combat Secondary Effects ............................................ 421 A. Is Zoning the Solution? .................................................................................. 421 B. Alternative Methods of Solving the Problems of Secondary Effects ............................................................................................. 423 C. Which Solution is Best? ................................................................................. 430 V. Conclusion ................................................................................................................ 430 Along with the increase of "special cabarets"1 came the increase in crime which was directly associated with these businesses. In fact there were a total of 463 crimes reported involving robbery, assault, narcotics, prostitution, lewd and lascivious acts, nude dancing, fight disturbances and exhibiting obscene material. With the increase of these businesses and the crime associated with them came the outcry * J.D., Florida State University College of Law (1997); B.S., Florida Agricultural and Mechanical University (1993). The author would like to give special thanks to J.C. and her family'who have supported her throughout the writing and editing of this article. The author also thanks Anthony Davis and Sheldon Graves for their assistance in helping her understand the dynamics and aspects of adult use establishments. 1. This term refers to adult entertainment businesses which offer the public topless to totally nude go-go dancers. See Tampa City Council Workshop Transcript 17 (July 1, 1982) [hereinafter Tampa Transcript]. 383 384 J. LAND USE & ENVTL. L. [Vol. 12:2 of the families and residents.., for an end to these "sex oriented" businesses in their neighborhoods.2 The adult entertahm~ent indush'y has grown rapidly over the past twenty ),ears, especially with the emergence of 1-900 phone lines, pay-per-view adult movies, and pornographic internet web- sites. Within that time, United States Supreme Court decisions have recognized that First Amendment protection may extend to some types of nonobscene nucie dancing and pornograpl~y as nonverbal expressive speech.3 With this potential for protection has come an increase in businesses that offer adult entertainment? Some commurrities view the proliferation of X-rated movie houses, adult bookstores, and topless bars as a hazard to the morals of their connnunity and a threat to property values.$ Where a direct approach to the problem by way of adoption and erfforcement of obscenity laws is regarded as impractical, local officials have instead chosen zoning as a method to control the uses and availability of these facilities. Zoning the location of adult businesses has ignited a hotly charged debate. Adult business proprietors and many First Amendment advocates are pitted against those citizens who want adult establishments and their negative secondary effects out of theft' neighborhoods.6 The question remains whether zoning is effectively ridding resi- dential and school areas fl~ close proximity to adult entertainment facilities of resul~ag adverse effects. This Comment explores this question and proposes possible solutions. Part I outlines the history of zoning and discusses a municipality's authority to zone out 2. Id. at 17-18. 3. See Barnes v. Glen Theatre, Inc., 501 U.S. 560, 565 (1991) (stating that some nude dancing is expressive conduct within "the outer perimeters" of the First Amendment); Doran v. Salem Inn, Inc., 422 U.S. 922, 932 (1975) (citing California v. LaRue, 409 U.S. 109, 118 (1972) for the proposition that customary barroom types of nude dancing might be entitled to First Amendment protection in some circumstances). "Entertainment, as well as political and ideological speech, is protected; motion pictures, programs broadcast by radio and television, and live entertainment, such as musical and dramatic works fall within the First Amendment guarantee." $chad v. Borough of Mount Ephraim, 452 U.S. 6~, 65 0 98~). 4. See infrn notes 82-89 and accompanying text. 5. See, e.g., Tampa Transcript, st~pra note 1, at 15-19. 6. Sec, Barnes, 501 U.S. at 560; Tampa Transcript, supra note 1, at 15-19. Spring 1997] ZONING ADULT ENTERTAINMENT 385 entertaimnent businesses. Part II explores the growth of adult use businesses and their First Amendment protection. Part III defh'~es the secondary effects associated with these establishments, evaluates the growth of the effects, and analyzes the relationship between the adult use businesses and the negative effects seen in residential neighborhoods. Finally, Part IV assesses possible zoning solutions and alternative n'ethods to decrease negative secondary effects. I. THE POWER TO ZONE Zoning may generally be defined as the division of a mum- cipalit3, or other local cormnun/ty into districts, the regulation of buildh~gs and s~'uct-ures according to their construction and the nature and extent of their use, or the regulation of land according to its nature and uses.? To be valid, zonh'tg laws must balance h~di- vidual property rights with the govenm~ent's substantial interests in promoting the public welfare.8 A. The Evolution of Zoning in the United States Zoning essentially developed as an outgrowth of nuisance law.9 By the early twentieth century, the United States Supreme Court 'upheld at least three municipal land use regulations, basing these decisions on ta-aditional nuism~ce principles.~° In 1916, New York City became the first municipality to enact a comprehensive zoning scheme.~ Within ten years, approximately 425 municipalities, 7. See 82 AM. JuR. 2D Zoning and Plnnning § 2 (1992). 8. See Davis v. Sails, 318 So. 2d 214, 217-18 (Fla. 1st DCA 1975) (citing 101 C.J.$. Zoning § 16). 9. See DANIEl. R. MANI)ELKEK LAND USE LAW ~ 1.3 (1982). 10. See Hadacheck v. Sebastian, 239 U.S. 394, 410-13 (1915) (upholding an ordinance that excl~ded brickyards within certain areas of the city); Reimnan v. Little Rock, ~7 U.S. 171, 176-77 (1915) (upholding an ordinance that excluded livery stables from certain areas of the town); Welch v. Swasey, 214 U.S. 91, 107-08 (1909) (upholding an ordinance that divided Bvslon into two building districts with different height limitations applicable to each). 11. See ]~OBliRT t t. Ni~N, ~NING AND PROPI~RTY RIGIITS: ~ ANAi.YSIS OF TIlE AMERICAN SYS'i'EM OF LAND-UsE P~GU~.A1'~ON 8 (1977). 386 J. LAND USE & E~.~VTL. L. [Vol. 12:2 representing more than half of the country's urban population, had passed similar measures. ~ 2 The Supreme Court reached a landmark decision fl~ Village o.f Euclid v. Ambler Realty Co.,~3 hold~g that so long as freedom of speech is not threatened, a zolxing plan is a valid exercise of local police power if the plan serves a rational interest of the munici- pality.TM In Euclid, the Court reasoned that the zoning ordinance represented a valid exercise of the police power and rejected tl~e landowner's argument that the ordinance deprived him of his lib- erty and property fl~ contravention of the dictates of the Fourteenth Amendment.~5 The Court held that so long as the classifications made under a zoning ord~ance are "fairly debatable,''~6 and the provisions are not "clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare," the ordinance will be upheld as constitutional.~? Nearly fifty years later, the Court heard Village of Belle Terre v. Boraas.~ In Belle Terre, a landowner challenged a zoni~g ordinance that restricted the use of his property to s~gle-family dwellh~gs. 19 O~tly family members or no more than two unrelated persons could reside in a house on his property.20 By alleging that the ordfl~ance infrh~ged his fundamental constit-utional rights of privacy, the landowner attempted to have the ordinance reviewed under more exacting constitutional scrutfl~y than the mere rationality standard adopted in Euclid.2~ The Court did not agree that any fundamental constitutional rights were implicated by the 12. See id. at 9. 13. 272 U.S. 365 (1926). 14. See itt. at 389-90. 15. Set' id. at 397. The la2~downer relied on the provision of the Fourteenth Amendment which states that no Stale shall "deprive any person of life, liberty, or property, without due process of law." U,S. CONST. amend. XIV, § 1, cl. 3. 16. Euclid, 272 U.S. at 388. 17. Itt. at 395. 18. 416 U.S. 1 (1974). 19. See id. at 2. 20. See id. 21. See id. at 7. Spring 1997] ZO~,~,ING ADULT ENTERTAINMENT 387 zonflag ordinance and applied the mere rationali .ty test, ultimately upholding the ordknance.22 Three ),ears later, in Moore v. City of East Cleveland,23 the Court was faced with an ordinance similar to the one upheld ha Belle Terre, but the Moore ordhaance did not allow related persons to live together under certain circumstances.24 The Court struck down the ordinance as an abridgment of the fundamental right of freedom of choice relatflag to family matters. The Court applied strict scrutflay, thus requiring the ordinance to be the least rest~'ictive means of achieving a compellhag state interest.2s Through these decisions, the Court has reinforced the not40n that local governments have wide latitude h~ protecting society morals and the general quality of life concerns of their communities.26 However, when a zonflag regulation threatens freedom of speech, the courts ca,mot apply the deferential Euclid standard.27 Therefore, the h~itial determination for any court reviewing a zoning ordinance that impacts First Amendment expression affects the applicable standard of review. The Supreme Court has consistently held that govermnent regulation of speech on the basis of its content is subject to strict judicial scrutiny.2~ 22. See itt. 23. 431 u.s. 494 (1977). 24. See id. at 498-99. 25. See id. at 499-500. The Court concluded that although the governmental interests sought to be achieved were "legitimate," the ordinance only has a "tenuous relation" to the achievement of those ends. Id. at 500. 26. See, e.g., Berman v. Parker, 348 U.S. 26, 32 (1954) (holding that zoning is permissible for the promotion of safety, health, morals, and the general quality of life in Ihe community); Zahn v. Board of Public Works, 274 U.S. 325, 328 (1927) (deferring to the legislature where the validity of a zoning ordinance is fairly debatable). 27. See Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 521 (1981) (holding that a zoning ordinance aimed at curbing pollution and eliminating distractions for pedestrians and molorisls by prohibiting noncommercial billboards advertising was an unconstitutional violation of the First ^mendment). 28. $e¢ Car,:y v. Brown, 447 U.S. 455, 458-59 (1980) (holding an Illinois statute unconstitulionai because it made the impermissible distinction between labor picketing and peaceful pickeling); see also Police Dep°t of Chicago v. Mosley, 408 U.S. 92, 95 (1972) (concluding government regulalions cannot be based on the content of First Amendment expression); Street v. New York, 394 U.S. 576, 594 (1969) (finding it unconslitutional Io convic! a persol~ for speaking in defamalory lerms about Ihe ^merican flag). 388 1. LAND USE & ENVTL. L. [Vol. 12:2 B. The Developn~ent of. Zoni~g in Florida The power to zone at the count3,, and mmxicipal level may be granted by the state legislature to local authorities by local or special act.29 Zoning is an exercise of legislative power residing in the state and delegated to a municipal corporation.30 The enactment of a zoning ordinance constitutes the exercise of a legislative and governmental function.3~ In Florida, the zoning power of mmxicipai~ties is d~rived t~rom article VIII, section 2(b) of the Florida Constitution32 through the Municipal Home Rule Powers Act.33 The Florida Legislature grants the governing bociy of a count3, the power to establish, coordinate, and enforce zoning and business regulations necessary for the protection of the public.34 However, the doctrine of separation of powers35 prohibits delegation of zo~tg powers to administrative bodies36 and limits judicial review.37 Sh~ce zoning is primarily legislative in nature, zoning decisions should be made by zoning authorities responsible to their constituents.3s Zoning laws and regulations are enacted through the exercise of police power. To just-ify the exercise of police power, the zoning restriction imposed must bear a real and substantial relation to, or be reasonably necessary for the public health, safety, morals, or 29. seeStale ex tel. Taylor v. City of jacksonville, 133 So. 114, 115 (Fla. 1931). 30. See 7 FLA. JUR. 2D Building, Zoning, and Land Controls § 55 (1997). 31. See id. 32. Flo^. CONST. art. VIII. § 2(b) 33. Ft.^. S'r^T. § 166.021(4) (1995). 34. Seeid. § 125.01(1)(h). 35. See FLA. CONST. art. II, § 3. "The powers of the state government shall be divided into legislative, executive and judicial brmaches. No person belonging to one branch shall exerci.,,': any powers appertaining to either of the other branches unless expressly provided herei~." hi. 36. See Askew v. Cross Key Waterways, 372 So. 2d 913, 924 (Fla. 1978) (holding that the legislature is not free to redelegate to an administrative body so much of its lawmaking power as it may deem expedient). · 37. See Town of Indialantic v. McNulty, 400 So. 2d 1227, 1230 (Fla. 5th DCA 1981) (holding Ihat zoning decisions are primarily legislative in nature and should be made by a zoning authorily and not by lhe courts as super zoning review boards). 38. See id. Spring lC.".;7] ZONING ADULT ENTERTAINMENT 389 general welfare.39 A c,~tx,, and the courts must consider the public welfare of the whole community when construing a zoning ordinance; a mere or anticipated benefit to a special group withh~ the cit5, is not enough.4° Aesfi~etics may also be considered in cormection with the general welfare of a community.4~ The peculiar characteristics and qualities of a city may just/fy zoning to perpetuate its aesthetic appeal, and this type of zonh'~g is an exercise of the police power in the protection of public welfare.42 However, a zoning ordinance does not become invalid merely because it: is based solely or predomh~ately on aesthetic considerations.43 In Mayflower Property, I~c. v. Watson,~ the Florida Supreme Court recognized the preservation of the general nature of a neighborhood to be a proper purpose on which to base a zoning classification.4s Zoning regulations that promote the integrity of a neighborhood and preserve its resident/al character are rela~ed to the general welfare of the commurdty and are valid exercises of legislative power.46 Florida courts have considered other purposes and objectives for zoning regulations. Zonfl~g regulations may be employed to protect the econon~c value of existing uses.47 The decrease or 39. See Burritt v. Harris, 172 So. 2d 820, 822 (Fla. 1965); see also City of Mimni Beach v. 8701 Collins Ave., 775 So. 2d 428, 430 {Fla. 1953). 40. See Foggv. City of South Miami, 183 So. 2d 219, 221 (Fla. 3d DCA 1966) (holding a zoning ordinance prohibiting drive-in operations at a dairy products retail store invalid where the city made exceptions for a gas station, a bank, and a savings and loan business). 41. See City of Miami Beach v. Ocean & Inland Co., 3 So. 2d 364, 367 (Fla. 1941); see also Rotenberg v. City of Ft. Pierce, 202 So. 2d 782, 785-86 (Fla. 4th DCA 1967) (holding that aesthelic$ are a valid basis for zoning). 42. See City of Miami Beach v. First Trust Co., 45 So. 2d 681,684 (1949). 43. See Cily of Coral Gables v. Wood, 305 So. 2d 261, 263 (Fla. 3d DCA 1974) (upholding the validity of a zoning ordinance aimed at maintaining aesthetic characteristics by preventing unsightly appearances and diminution in property values from camper-type vehicles parked in a residential ,area). 44. 233 So. 2d 390 (Fla. 1970). 45. See id. at 392; sec also Blank v. Town of Lake Clarke Shores, 161 So. 2d 683, 686 (Fla. 2d DCA 1964) (holdi.'~g that it is not arbitrary and unreasonable for a residential village to pass an ordinance preserving ils residential character as long as the inhabitants' business ami industrial needs are met by olher accessible areas in the community at large). 46. See City of Miami v. Zorovich, 195 So. 2d 31, 37 (Fla. 3d DCA 1967). 47. See'l'rachsel v. City of Tamarac, 311 So. 2d 137, 140 (Fla. 4th DCA 1975). 390 J. LAND USE & ENVTL. L. [Vol. 12:2 prevention of traffic congestion4~ and the prevention of the overcrowding of lands49 are proper purposes on which to base zoning classifications. However, the restriction or the control of business competition is not a valid objective or purpose of zoning regulations.50 When exercising its zoning powers, a mmxicipality must deal with well-defined classes of uses. Zoning ordimnces generally contain comprehensive regulations addressing the construction of buildings and the use of premises m each oi: the classes of districts which a mmxicipality has been divided.51 Therefore, zoning regulations must relate to either the nature of the structure or the nature of the use.52 Zo~xing i~wolves more than mere classification; it also involves consideration of the future growth and developme'nt, adequacy of drainage and storm sewers, public streets, pedestrian walkways, and density of population.53 II. ZONING AND THE ADULT ENTERTAINMENT INDUSTRY The regulation of nonobscene nude dancing and adult book and video stores has been addressed in several federal courts.54 Sfl'~ce zorting regulations must relate to' the nature of the structure or the nature of its use, many municipalities utilize this power to regulate the use of adult entertahm~ent structures to control the activities of these bush~esses,ss Thus, inevitable conflicts arise 48. See id.; see also Mayflower Prop., Inc. v. Watson, 233 So. 2d 390, 392 (Fla. 1970). 49. See I.Vatson, 223 So. 2d at 374. 50. See Wyatt v. City of Pensacola, 196 5;0.2d 777, 779 (Fla. 1st DCA 1967). 51. See 7 FLA. JUR. 20 Building, Zoning, and Land Controls § 58 (1997). 52. See id. 53. See id. 54. See, e.g., ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (Sth Cir. 1994); U.S. Partners Firs. Corp. v. Kansas City, Missouri, 707 F. Supp. 1090 (W.D. Mo. 1989); 11126 Baltimore Boulevard, Inc. v. Prince George's County, 828 F. Supp. 370 (D. Md. 1993); Janra Enter., linc. v. City of Reno, 818 F. $upp. 1361 (D. Ney. 1993). 55. See Barnes v. Glen Theatre, Inc., 501 U.S. 560, 563 (1991) (upholding a zoning ordinance requiring performers Io wear pasties and Gstrings); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 220 (1990) (upholdin§ a zoning ordinance requiring owners and operators of motels 'that rent rooms for less than 10 hours at a time to comply with licensing requirements of sexually oriented businesses); City of Renton v. Playtime Tl~eatres, Inc., 475 U.S. 41 (1986) (upholding a zoning ordinance prohibiting adult movie Iheaters from locating within 1,000 feet of a residential zone, church, park, or school); Hang Spring 1997] ZONING ADULT ENTERTAINI~ENT 39'1 between local govermnents attempting to regulate sexually oriented bush~esses and owners, operators, and patrons of such businesses seekh~g protection under the First Amendment.s6 The resulting case law has wrestled with the problem of definfl'~g the lawful scope of local zortfl~g power over businesses that arguably deal with these forms of expression,s7 A. First Amendment Protection of Expressive Speech Fh'st Amendment litigation generally revolves around two issues: (1) whether the material i,~ question rests under the purview of First Amendment protection; and (2) if so, what is the scope of that protection.58 First Amendment analysis and litigation has been the subject of cases revolving hate speech? flag burrtfl~g,6° commercial advertising,6~ defamation,62 invasion of privacy63 and matters of national security.64 On, Inc. v. City of Arlington, 65 F.2d 1248, 1254 (Sth Cir. 1996) (upholding a zoning ordinance placing a "no touch" requirement on activities between dancers and customers); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996) (upholding a zoning ordinance requiring that one side of viewing booths in adult establistunents remain open or unenclosed). 56. See Elise M. Whitaker, Pornographer Liability for Physical Harms Gmsed by Obscenity and Child Pornogn~phy: A Tort Analysis, 27 GA. L. REV. 849, 855 (1993) (discussing ll~e background of judicial regulation of obscenity on First Amendment grounds). 57. See discussion inJ:ra Part II.A. 58. See Spence v. Washington, 418 U.S. 405, 409-11 (1974). 59. See Garrison v. Louisiana, 379 U.S. 64 (1964). 60. See Texas v. Johnson, 491 U.S. 397 (1989). 61. See Central Hudson Gas & Elec. Corp. v. Public Serv. Corem'n, 447 U.S. 557, 566- 73 (1980) (finding that commercial speech or advertising is protected from unwarranted governmental regulations). 62. See New York Times Co. v. Sullivan, 376 U.S. 254 (1964). Neither factual error nor defamatory content sufficed ~o remove the constitutional shield from protecting criticism of official conduct. See id. at 279-83. However, Gertz v. Re. bert Welch, Inc., 418 U.S. 323 (1974) and Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967) set up an elaborate system of limited protection for publishers of defamatory statements concerning public figures and public matters. See Gerlz, 418 U.S. at 339-41' Bul~s, 388 U.S. at 1,18-50. 63. See Cox Broadcasting Corp. v. Cohn, 420 U.S. ,t69, 491 (1975) (finding that a state may no! punish for publication of accurate information derived from official court records open for public inspection). 64. See S,~epp v. United States, 444 U.S. 507, 510 n.3 (1980) (finding that the government had a compelling i,~te,'est in reviewing a former CIA agent's publicati~m pursuant lo a voluntary employment agree,nent). 392 I. LAND USE & ENVTL. L. [Vol. 12:2 The Supreme Court extended the First Amendment's protection of free speech to cover many t3,pes of expressive conduct that are not technically speech. In Brown v. Louisiana,65 the Court ruled that the First Amendment protected individuals engaged fl~ an orderly demonstration at a segregated public library and stated that First Amendment rights "are not confined to verbal expression.''66 In West Virginia State Board of Education v. Barnette,67 the Court held that a student could not be forced to salute the flag, stath~g that "symbolism is a primitive but effective way of commu~icating ideas.''68 To determine whether the conduct is expressive or symbolic speech, courts must determine whether it constitutes expressive conduct.69 In Spencev. Washington,7° the Court held that the conduct is expressive if the actor had an "intent to convey a particularized message," and a great likelihood existed that the audience understood the message.TM Arguably, limitless types of conduct, fl~cluding appearances h~ the nude fl~ public, are expressive. People who participate in public nudit3, may be expressh~g something about themselves.72 The Court, however, expressly rejected this broad defLrtition of expres- sive speech sayfl~g, "We cmmot accept the view that an apparently limitless variety of conduct can be labeled 'speech' whenever the person engagh~g ia~ the conduct intends thereby to express an idea.''73 The Court went further in City of Dallas v. Stangli~t,74 ob- servfl~g that "it is possible to ffl~d some kernel of expression in almost every activity a person undertakes, for example, walking down the street or meeth~g one's friends at a shopping mall, but such a kernel is not sufficient to bring the activity within the 65. 383 u.s. 131 (1966). 66. ht. at 142. 67. 319 U.S. 624 (1943). 68. Id. at 632. 69. See United States v. O'Brien, 391 U.S. 367, 376 (i968). 70. 418 U.S.-105 (1974). 71. hi. at 410-11. 72. See Barnes v. Glen Theatre, Inc., 501 U.S. 560, 569 (1991). 73. O'Brien, 391 U.S. at 376. 74. 490 U.S. 19 (1989). Spring 1997] ZON/.\'G ADULT ENTER'FAIN.t~qENT 393 protection of the First Amendment.''75 The Stangli~ Court found that the mere activit3, of the adult entertaim~ent patrons, commc,c, together to engage in recreational activity, is not protected by the First Amendment.76 If conduct is found to be nonexpressive, then it does not receive First Amendment protection.77 For example, in South Florida Free Beaches, h~c. v. City of Mia~ni, the Eleventh Circuit refused to give First Amendment protection to nude sunbathers who challenged a public h~decency law on the basis that it infr~ged on their right to communicate their belief that nudity was not indecent.78 In up- holding nzinimum dress requirements at public beaches, the Su- preme Court has held that "It]he appearance of people of all shapes, sizes and ages in the nude at a beach ... would convey little ff any erotic message .... ,,79 The Court further found that whether or not nudity is combined with expressive activit3,, a state which has fl'~decency or minimum public dress requirements statutes, is attempting to remedy "the evil" of public nudit3,.8° First Amendment rights cases involving adult entertairunent businesses have established many 'of the core prh'~ciples and stan- dards of the parameters of allowable govenm~ental restrictions on freedom of expression. A long history of goverrunental attempts to curtail such entertahm~ent ult4mately resulted in numerous cases in which the parties sought freedom of speech protection?~ However, regardless of how one feels about nudity as expressive conduct, the First Amendment standards that have emerged from these battles have underdably gone to the very core of the right to freedom of expression. 75. icl. at 25. 76. See id. (holding that a social dance group does not involve the sort of expressive association that the First Amendment has been held to protect). 77. See South Florida Free Beaches, Inc. v. City of Miami, 734 F.2d 608, 609 (11 th Cir. 1984). 78. See id. 79. Barnes v. Glen Theatre, Inc., 501 U.S. 560, 571 (1991). 80. Itl. 81. See Barnes, 501 U.S. at 567-71; see also Schad v. Borough of Mount Ephraim, 452 U.S. 6'1, 65 (1987) (citing various cases that extend freedom of speech protection to forms of entertainm,:nt which contain nudity). 394 I. LAND USE & ENVTL. L. [ Vol. 12:2 In the last decade those bush'~esses that fall withfl~ the defimtion of "adult entertai~m~ent business" have increased tremendously.82 The creation of an appropriate de£h~ition for adult entertainment has produced significant litigation. No definition exists that will engender a perfect fit for the entire adult entertai~m~ent indus~'y. Perhaps all attempts to formulate a defi.nition for adult entertainment will ultimately end with the conclusion reached by United S~ates Supre,~,? Court lustice Potter Stewart. Stewart noted the difficulty of creating an intelligible definition but stated, 'I know it when I see it.''83 However, for the purposes of this Comment, adult entertai~'tment will be broadly defined as that which focuses on sexuality, where it contains a certain degree of sexual explicimess and/or erotic use of full or partial nudit'y. Thus, the adult entertaimnent indust~ includes: peep shows, adult video stores, pornographic bookstores, special cabarets, 8~ rap parlors,8s liquor lounges, internet web sites,86 X-rated pay-per-view charmel$,87 massage parlors,8~ and 1-900 sex phone lines.80 82. See infra notes 83-89 and accompanying text. 83. ]acobellis v. Ohio, 378 U.S. 184 (1964) (Stewart, J., concurring). 84. A cabaret features topless dancers, go-go dancers, exotic dancers, strippers, male or feanale impersonators, or similar entertainers. See DETROIT, ~CI-I., OFFICIAL ZONING ORDINANCE § 66.000 (1972). 85. Rap parlors are "establishments at which men may converse with women who are not fully clothed." Alexander v. City of Minneapolis, 698 F.2d. 936, 936-37 n.2 (Sth Cir. 1983). 86. Web sites on the internet that offer material, such as nude pictures and sexually explicit "chat-lines," have been at the center of censorship in recent years. See generally ACLU v. Reno, 929 F. Supp. 824, 849 (E.D. Pa. 1996) (finding that the Communications Decency Act violated the First A~nendment by prohibiting certain transmissions on the internet). 87. Some cable companies throughout the United States offer services like the Spice network, where the subscriber may pay for each viewing of a pornographic movie, rather than subscribe to any one particular premimn channel. See Playboy Entertainment Group v. United States, 945 F. Supp. 772, 776 (D. Del. 1996). 88. An establishment is a massage parlor when it is engaged primarily in providing sexually oriented massages notwithstanding that it calls itself a health club and provides exmx'ise equipment. See Babin v. City of Lancaster, 493 A.2d 141, 144 n.3 (1985). 89. Long distance carriers offer services where a caller may dial a pl~one number with the prefix 1-900 with the agreement to pay per minute to speak with a person, usually a woman, about sexually explicit topics. The caller often requests the woman to use sexually arousing language. See Sable Communications, Inc. v. FCC, 492 U.S. 115, 117-18 (1993). Spring 1997] ZONING ADULT EN?'ERTAINMENT 395 B. N~de Dancing as Ext~ressive Co~duct: Eroticism or Ol:scenity? Expressive conduct is not limited to communicative speech; it may include symbolic speech that conveys an idea? Thus, owners of adult entertaflm~ent busfl~esses have argued that the dancers are expressing a message and that their conduct is therefore protected as symbolic speech.91 The respondents in Barnes v. Glen Theatre, h~c.,92 argued that their go-go dancers were performing nonobscene nude dancfi~g fl~tended to send a message of eroticism and sexuality.93 In addressh~g the constitutional protection of nude dancing, Chief 'Justice Rehnquist stated that nude dancing is expression only "margfl~ally" within the "outer perimeters" of the First Amendment.94 The Barnes Court recognized that public fl'~decency laws have long been justified as part of the state's police powers, reflect-fl~g a substantial governmental fl~terest in protectfl~g order and morality.9s The Court also found the goverranent h'tterest urn'elated to any message expressed by nude dancfl~g, and in doing so, the Court separated eroticism and the message of nude dancing from nude dancing itself? By .requiring dancers to wear pasties and a G-string, Indiana had ordy made the message slightly less graphic. It did not prohibit the message of eroticism, rather it prohibited the message's transmission through nude dancing.97 The argument has been made that nude dancing constitutes obscenity and is without First Amendment protection? The Miller 90. See Texas v. Johnson, 49'1 U.S. 397, 403 (1989) (holding that the burning of the American flag is protected symbolic speech). 91. See Miller v. City of South Bend, 904 F.2d 1081, 1086-87 (7th Cir. 1990), rev'd, Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); see also Walker v. City of Kansas City, 911 F.2d 82, 85 (W.D. Mo. 1988). 92. 501 U.S. 560 (1991). 93. 'See id. at 569. 94. itt. at 566. 95. See id. at 569. The plurality cited its decisions in Paris Adult Theatre l v. Slantono 413 U.S. 49 (1973) (upholding a prohibition on the showing of obscene fihns) and Botoers v. Har~vick, 478 U.S. 186 (1986) (uphoh. ling a prohibition of sodomy) for the notion that public morality may serve as a basis for law. See Barnes, 501 U.S. at 569. 96. See id. ("While the dancing to which [the indecency statute] was applied had a communicative element, it was ~t the dancing that was prohibited, but simply its being done irt the nude."). 97. 5ce Ut. at 573 (Scalia, J., concurring). 98. See Miller v. California, 4'13 U.S. 15, 18-19 (1973). 396 I. LAND USE & ENI,TL. L. [Vol. 12:2 Court announced and applied the standard that American courts continue to use when determinflag what constitutes obsce~ity. According to the bliller three-part test, material is obscene: (1) if the tTpical person applying communiW standards would find the work .as a whole appealflag to prurient interests; (2) if the work describes or depicts in an obviously offensive maimer sexual conduct specifi- call), outlined by the relevant statute; and (3) ff the work considered as a whole is devoid of serious artistic, political, literary or scientific value? Applying the Miller test, the Eighth Circuit found, "to the extent that nude barroom dancing contains a message and' therefore qualifies as First Amendment 'speech,' it may contain a message that nonetheless is categorically unprotected by the First Amendment--that is, an appeal to the prurient interest.'~ 00 Nevertheless, the Supreme Court's willingness to engage in First Amendment analysis in nude dancing cases indicates that the Court does not view all nude dancing as obscene. Numerous SuPreme Court decisions indicate that nude dancing constitutes expressive conduct intended to convey a particularized message, and thus, meets the Spence standard.~0~ In Doran v. Salem h~n, Inc.,~°2 the Court upheld a prelimflaary injunction that enjoined enforcement of a city regulation that prohibited topless dancing.~03 In Doran, the Court noted that nude dancing may be protected expression "although the customary 'barroom' type of nude dancing may flavolve only the barest minimum of protected expression, ... this form of entertainment might be entitled to First and Fourteenth Amendment protection under some circumstances.'~°4 Fflading the ordinance overbroad as applied to 99. see. i,t. at 24; see also Roth v. United States, 354 U.S. 476 (1957) (confronting the issue of constilulional prolection' for obscene material). The defendant, Roth, ran a business Ihat published and sold pornographic magazines, books, and photographs. The Court affirmed Roth's conviction finding that the idem expressed by lewd and obscene materi;~!.s are of liltle "social value" and therefore receive no First Amendment protection. hi. at 485. 100. See Walker v. City of Kansas City, 911 F.2d 80, 87 (Slh Cir. 1990). 101. See. supra notes 70-71 and accompanying text. 102' 422 U.S. 922 (1975). 103. See itt. at 932. 1{}4. hi. Spring 1997] ZON. I:,'G ADULT ENrl'ERTAL\:MENT 397 the nude dancing in question, the Court granted the request for injunctive relief without addressia~g the exact level of protection the First Amendment provides to nude dancing.~°5 C. The Four-Prong Test of Reg~lating Expressive Speech In U~ited States v. O'Brien,~°6 the Supreme Court formulated a four-prong test for determi~xing whether government regulation aimed at nonexpressive conduct violates the First Amendment.~°7 In O'Brien, the defendant was convicted under federal law~°~ for burning his draft card to protest American involvement h,~ the Viet- nam War.~°9 The Court stated, "We cannot accept the view that an apparently limitless variety of conduct can be labeled 'speech' whenever the person engaging ~ lhe conduct intends thereby to express an idea.''~° The O'Bffen Court enunciated a four-prong test, finding that government regulation of conduct is constitutional if: (1) the regulation is a constitutional exercise of the government's power; (2) it furthers an important or substantial goverlm*~ent interest; (3) it is ul2'elated to the suppression of free expression; and (4) any incidental burden upon First Amendment rights is no greater than necessary to promote the compellh~g state interest.TM By applying the four-prong test to the facts in O'Brien, the Court founci that O'Brien's course of conduct was expressive.~2 However, the Court found that the government's interest in safeguarding efficient, procedures for admh~isterfl~g the Selective Service system was a substantial governmental interest that was unrelated to the suppression of speech.~3 The Court also found that the governmental interest could not be advanced by any alternative method and that the regulation did not prevent O'Brie~1 105. see id. at 933-34. 106. 391 U.S. 367 (1968). 107. See id. at 376-83. 108. See 50 U.S.C. § 462(b) (1965) (siatin§. that any person "who forges, alters, knowingly destroys, knowingly mutilalcs, or in any manner changes any such certificaie ... may be fined and imprisoned."). 109. See O'Brien, 391 U.S. at 376. 110. Id. 111. See id. al 376-83. '112. See id. al 376. 113. See id. at 382. 398 ]. LAND USE & EN¥'TL. L. [Vol. 12:2 from expressing his view ha other ways.TM Therefore, the conviction was upheld because the Court found the s ':tute to be con tent-neu ta'a 1. ~ ~ 5 However, in Texas v. Johnson,~6 the Court found that the O'Brien test could not be applied to public burning of the American flag.~7 In considering the constitutionality of the statute in Johnson, the Supreme Court noted that Johnson's act of burning the flag was expressive, thus meriting analysis under the First Amendment.~ ~s Fhading the Texas statute content-based, the Court applied a higher level of scru~ay.~9 The Court balanced the govermnental interest of preserving the flag as a symbol of national unity agai~ast Jol'mson's right to unburdened freedom of speech.~2° In making this determination, the Court relied on statements made by Johnson at his ta'ial. According to Johnson, "The American flag was burned as Ronald Reagan was being re-nominated as President. And a more powerful statement of symbolic speech, whether you agree with it or not, couldn't have been made at that time.''~2'1 Ultimately, the Court held that, under this balancing of interests, Johnson's right to express himself was more important than Texas's asserted state 'interest.~22 1. Issue One: Is the Zoning Ordinance Content-Neutral? The Supreme Court has applied the O'Brien test to cases in- volving the regulation of adult entertainment businesses when the zoning ordhaance is content-neutral, and thus, does not restrict conduct because of its message.~23 Barnes first applied the O'Bffen · 114. See id. at 378-86. 115. See id. at 381-82. Content-neutral regulations are constitution,'d and do not hwolve the regulation of speech. Content-based regulations are generally unconstitutional and are enacted to control the expression of speech. See infra notes 126-130 and nccompanyi,ag text. 116.491 U.S. 397 (1989). 117.See id. at 410. 118.See id. at 405-06. 119.See fi/. at 412. 120.See id. at 414-17. 121.Id. at 406. 122.See id. at 420. 123.See Barnes v. Glen Theatre, Inc., 501 U.S. 560, 563 (1991). Spring 1997] ZONING ADLILT EN'I,'ERTAINMENT 399 test to adult entertainment. In Banzes, owners and dancers in the adult entertah~me~t h~dustry brougl:t suit to enjoin enforcement of Indiana's public indecency statute that required the. dancers to wear pasties and G-st~'ings.TM After Barnes, the Supreme Court ap- proached government regulation of adult entertainment by evokh~g various legal theories related to First Amendment protection, including the time, place, and mariner test, the overbreadth doctrine, the vagueness doctrine, the prior restraint doctrine, and Twenty-first Amendment principles.~25 The Supreme Court has consistently held that goverl~nental regulation of speech on the basis of its content is subject to strict judicial scrutiny.~26 Therefore, only content-neutral ordinances regulathag protected expression are constitutional.~27 The Court's analysis of an ordi~aance challenge begins with a determination of whether the ordinance focuses merely on the time, place, and man- ner in which adult uses can be operated (content-neutral regula- tions) or whether the ordhaance is aimed at restricting the content of the expression (content-based regulations).~2~ An ordinance is content-neutral if it meets the followhag three criteria: (1) the govenunent has a substantial interest fla the regulation that is unrelated to the suppression of ideas; (2) the means of regulating the protected expression are narrowly tailored; and (3) reasonable alternative avenues of communication are left open for dissemination of the regulated speech.~29 For these reasons, local 124. Sec id. at 563; see also supra notes 92-97 and accompanying text. 125. See Young v. American Mini Theatre, 427 U.S. 50, §8-62 (1976). 126. See, c.g., Carey v. Brown, 447 U.S. 455, 458-59 (1980)(striking down a state statule as unconstitutional because it made the impermissible distinction between labor pickeling and peaceful picketing); Police Dep't of Chicago v. Mosley, 408 U.S. 92, 95 (1972) (holding that government regulations caru~ot be based on the content of First ^mendment expression); Cohen v. California, 403 U.S. 15, 24 (1971) (reversing a conviction for wearing jacket bearing the phrase "Fuck the Draft" ~ a violation of protected expression); Street v. New York, 394 U.S. 576, 584-85 (1969) (finding it unconstitutional to convict a person for speaking in defamatory terms about the American /lag). , 127. Sec City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 49 (1989). 128. See Mosley, 408 U.S. at 95-96. 129. Sr~ Heffron v. International Soc'y for Krishna Consciousness, Inc., 452 U.S. ~0, 647-48 (1981); Mosley, 408 U.S. at 98; Kingsley Books, Inc. v. Brown, 354 U.S. 436, 442 (1957). 400 I. LAND USE & ENVTL. L. [Vol. 12:2 governments attemptflag, to pass zoning ordinancm for adult entertainment busiaaesses must ensure that the ordinance provides: (1) sufficient factual basis to support a finding of substantial govermnental interest; (2) narrowly tailored defirritions of adult uses affect-hag oa~ly those businesses which the ordinance intends to regulate; and (3) reasonable alternative channels of communication for the affected expression.~30 2. Issue Two: Whether Time, Place, and Manner Regulations are Proper? The time, place, and manner test was originally formulated to apply o~ly to speech or expressive conduct that takes place in public forums.TM However, some courts and scholars have viewed the time, place, and ma~u~er test and the O'Brien test as essentially the same.~32 The Supreme Court has used the time, place, and mariner test to evaluate state regulation of nude dancing.~33 This application often arises when owners of adult entertainment establishments claim a zoning regulation is a violation of their First Amendment rights.TM Government restriction of expressive actiVities has been permitted fl't situations where restrictions fall short of a complete ban and constitute time, place, and manner resb'ictions.~35 Essentially, courts have found that although expression covered by the First Amendment cannot be banned, it can be restricted in terms of where, when, and how that expression is presented.~36 For example, nonobscene sexually explicit material on broadcast television and radio can be restricted to times when 130. See Ca'ty of Rento~, 475 U.S. at 50. 13I, See Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989). 132. See Clark v. Community for Creative Non-Violence, 468 U.S. 288, 298 (1984) (finding that the time, place, and manner test embodies the same standards as those set Iorth in O'Brien). 133.' See i,fra notes 141-143 and accompanying text. 134. See Barnes v. Glen Theatre, Inc., 501 U.S. 560, 562-63 (1991); see also Walker v. City of Kansas City, 911 F.2d 80, 82, 85 (W.D. Mo. 1988). 135. See Erznoznik v. City of Jacksonville, 422 U.S. 205, 211-12 (1975) (invalidating a ~.oning ordinance that failed to distinguish movies containing nudity from all other movies which were being restricted, thereby constituling a complete b,'m on speech). 136..Cee Ward v. Rock Againsl Racism, 491 U.S. 781,791 (1989). Spring ! 997] ZONING ADLILT ENTE~V, TAiNME:~'T 401 children are less likely to be in the audience.~37 The Court l~as given state and local govervanents leeway ~-~ their attempts to control purported adverse effects of adult entertainment, particularly when related to protecting children or others who do not wish to be exposed to adult material.~38 This leeway has also extended to controlling alleged adverse secondary effects.~39 Yet, even with time, place, and mariner restrictions, courts have set limits concerning how far a government can go when attemp~g to ban unpopular expression.140 The Supreme Court first addressed the time, place, and maturer resta'ictions of adult entertairunent regulations h~ 1976 in Young v. American Mini Theatres, Inc.,~4~ and later in Schad v. Borough of Moment Ephraim,~2 and City of Renton v. Playtime Theatres, Inc.~3 Each of these cases supplied an important element for an examination of time, place, and manner regulations. Young stressed that the regulation must not suppress protected expression and that access to that expression must remain available.TM Schad emphasized that the regulation cannot be so broad as to completely prohibit protected expression and that the regulation must further a substantial governmental interest.~'~5 Rentm~ established a deferential standard of review for cases involving time, place, and mariner regulations.~ 46 a. Young v. American Mh~i Theatres, Inc. 137. See FCC v. Pacifica Foundation, 438 U.S. 726, 748 (1978) (finding that because of the use of the public airwaves, broadcasting is subject to somewhat stricter regulation than print media or cable TV). 138. See id. at 730 n.l; see also Erznoznik, 422 U.S. at 210-12. 139. See Redner v. Dean, 29 F.3d 1495, 1505 (llth Cir. 1994); 11126 Baltimore Boulevard, Inc. v. Prince George's County, 886 F.2d 1415, 1420, 1426 (4th Cir. 1989). 140. See City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 50-55 (1989). 141.' 427 U.S. 50 (1976). 142.1152 U.S. 61 (1981). 143.475 U.S. 41 ('1986). 144.See, e.g., Young, 427 IJ.S. at 70-71. 1,15. See $chnd, 452 U.S. at 68-69. 146.See City of Renton, 475 U.S. at 46-48 (deferring to the government's purpose or substantial interest in enacli~'~g time, place, and manner regulations). 402 1. LAND USE & ENIrI'L. L. [ Vol. 12:2 Accordflag to Justice Pow_ell, l'oung was the first case decided by ,, the Supreme Court "fla which the fiaterests of freedom of expression protected by the First and Fourteenth Amendments ha[d] been implicated by a mmxicipality's commercial zoning ordinances."l'47 At issue fla Young was the constitutionality of certain portions of Detroit's Anti-Skid Row ordinance that singled out adult bookstores and theaters for special treatment.14s The original Anti- Skid Row ordinance, passed in 1962, was based on findings by the Detroit Common Council that certain types of businesses, when concentrated, can have a blighting effect on the surrounding neighborhood.149 The ordinance forbade adult motion picture theaters, topless cabarets, and other similar establishments from locating within 1,000 feet of each other or within 500 feet of a residential dwelling without first obtaining approval.~so Although the ordinance was not technically content-neuh-al because it applied only to adult entertainment, the Court found the ordinance to be a reasonable time, place, and manner rest?iction of Protected speech because the regulation of the places where sexually explicit films may be exhibited is unaffected by whatever social, political, or philosophical message a film may be intended to communicate.~S~ The Court held that the ordfi~ance constituted a permissible content-neutral time, place, and manner restriction because the purpose of the ordinance was not to elfininate, censor, or suvpress the protected speech but rather to preserve the quality of urban life by avoidh~g the secondary effects of these businesses on the communit5' through regulation of the placement and concentration 147' Yom~g, 427 u.s. at 76 (Poweli, J., concurring). 148. Set' id. at 54-55. 149. See id. at 56 (citing DETROIT, MCIt., CFFICIAI. ZONING ORDINANCIi § 66.000 (1972), which states '[i]n the development and execution of this Ordinance, it is recognized that. there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concenlrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse e~fc, cts will not contribule to the blighting or downgrading of the surrounding neighl~rhcmd."). 1 $0. See. id. at 52. 151. See id. at 70. Spring 199-] ZONING ADULT F_NTERT:,tlNMI!NT 403 of such busfl~esses.~'~2 Justice Stevens' plurality opinion pointed out that the cit3:'s goal of avoidh~g or mitigating these secondary effects is one which must be accorded high respect and is a sufficient goverm~ental interest to justify the resulting incidental restriction on First Amendment speech.~53 b. Schad v. Borough of Mount Ephraim In contrast to Young, the Court in Schad struck down a local time, place, and maturer zoning ordinance that brained all adult theaters, fi~cluding live entertaflm~ent and nude dancing, from every cormnercial district in the city.~54 Although the Court recognized the local government's broad zoni.ng power for the purpose of maintainh~g a satisfactory quality of life, the Court held that this power "must be exercised within constitutional limits.'~5~ In finding the ordinance unconstitutional, the Court reasoned that the municipality provided no conclusive evidence of a substantial interest in prohibiting all forbes of live entertainment, and the municipality failed to prove that there were adequate alternative channels of conm~unication open to businesses subject to the regulation.~6 The Court stated that its decision in Young was not conh'olling because in that case 'It]he restriction did not affect the number of adult movie theaters that could operate in the cit3,; it merely dispersed them.''~57 c. City of Renton v. Playtime Theatres, Inc. In Renton, a suit was brought challenging the constitutionality of a zoning ordinance which prohibited adult motion picture theaters from locating within 1,000 feet of any resident/al zone, single or mult-iple family dwelling, church, park, or school.~ss The district court granted summary judgmen~ in the city's favor, 152. See. itt. at 71. 153. See. itt. at 71-73 (Steven, J., concurring). 154. See Schad v. Borough of Mount Ephraim, 452 U.S. 61, 76-77 (1981). 155. id. at 68 (citing Moore v. East Cleveland, .131 U.S. 494, 514 (1977) (Stevens, J., concurring)). 156. See id. al 73-74. '!57. Id. at 71. 158. Sec' City of Renton v. Piaytin~e Thealres, Inc., 475 U.S. 41, 43 (1986). 404 ]. LAND USE & ENVTL. L. [\Poi. 12:2 holding that the ordinance did not violate the First Amendment.159 · The court of appeals 'rex, erst.d, holding that the ordinance constituted a substantial rest~'iction on First Amendment interests al~d remanded the case for reconsideration of whether the city had substantial governmental fl~terests to support the ordinance.~60 The Supreme Court held that the ordinance was a valid goverrm~ental response to the serious problems created by adult theaters and therefore satisfied the dictates of the First Amendment.~6~ The Court reasoned that the ordinance did not ban adult theaters altogether and was a proper form of time, place, and maturer regulation.~62 The Court reaffirmed that content- neuh-al time, place, and maturer regulations are not un- constitutional as long as they are formulated to serve a substantial state fl~terest and not to unreasonably limit alternative avenues of communication.~ 63 The district court found that Renton City Council's predominate concerns were with the, secondary effects of adult theaters on the surrounding commurfity, not with the content of adult films themselves.~64 This finding was adequate to establish that the city's pursuit of its zoning h~terests was unrelated to the suppression of free expression, and thus, ihe ordinance was a content-neut-ral speech re.gulation.~6s The Supreme Court concluded that the Renton ordinance was designed to serve a substantial governmental interest while allowing for reasonable alternative avenues of conununication.~66 The Court further held that although the ordinance was enacted without the benefit of studies specifically relating to Renton's particular problems, Renton was entitled to rely on the experiences of and studies produced by 159. See itl 160,' See itt. at 44 (citing Playlime Theatres, Inc. v. City of Renton, 748 F.2d §27 (9th Cir. 1984)). 161. See id. at 49 (citing Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976)). 162. 5ce id. at 52-54. 163. 5:e/d. at 46. 164. See id. at 48. 165. See id. 166. See id. al 53. Spring 1997] ZONING ADULT EI',:TERTAINM '":"NT 405 other cities.~67 The Court found that no constitutional defect invalidated the method chos~.n by Renton to further its substantial h~terests~6~ and that cities may regulate adult theaters by dispersing them or by effectively concentratia~g them as in Renton.~69 l~4oreover, Since no evidence showed that at the time the ordinance was enacted, any other adult busfl~ess was located h~ or was contemplating a move into Renton, the Court found that the ordinance was not "underinclusive' for failing to regulate other kinds of adult businesses.~?° The Court determined that although Renton first chose to address the potential problems created by one particular kind of adult business, this choice in no way suggested that the city had "singled out" adult theaters for discriminatory treatment.TM Finally, the Court held that the ordinance allowed for reasonable alternative avenues of commmxication, as required by the First Amendment372 Although the theater owner argued that in general no "commercially viable" adult theater sites were located withh~ the limited area of land left open for such theaters by the ordinance, the Court found that this limitation did not give rise to a violation of the First Amendment since potential adult business owners must fend for themselves in the real estate market on equal footing with other prospective purchasers and lessees. Thus, the Court did not believe that the First Amendment compelled the government to ensure that adult theaters or any other kh~ds of speech-related businesses would be able to obtain sites at bargain prices.173 The Court deferred to the city's desire to preserve "the quality of urban life.''~74 In fact, the Court stated that as long as the evidence relied upon by the city is reasonably believed to be relevant to the problem that the city addresses, the 167. See id. 168. S~:c id. at 52. '169. Sc¢ id. at 51. 170. Id. at 52. '17'1. Id. 172. See. id. at 53. '173. See id. '174. icl. at 50 (citing Young v. American Mini Theatres° Inc., 427 U.S. 50, 71 (1976). 406 1. LAND USE 6 ENVTL. L. [Vol. 12:2 evidence will. be sufficient to support a finding of substantial ~overnmental fl~terest.175 ' In light of Renton, municipalities should provide three essential elements h~ their legislation and accompanying record: (1) a legis- lative record sufficient to show a nexus between adult uses and particular secondary effects and a legislative finding that the legislation addresses those secondary effects; {2) a defh'dtion section which is neither vague nor overbroad; and (3) sufficient available land for the location or relocation of adult businesses.~76 3. Issue Three: Whether Twenty-first Amendment Pffnciples are Applicable? Another approach that has been taken by the Supreme Court to review a governmental regulation of nude dancfl~g utilizes the Twenty-first Amendment of the United States Constimtion.~77 In Ziffi'in, Inc. v. Reeves,~78 the Court recognized that a state has abso- lute power under the TwenB,-first Amendment to prohibit the sale of liquor withh~ its boundaries.~?~ The Court recognized that pur- suant to the Twenty-first Amendment, states have wide latitude to enact laws that prevent establishments which offer nude dancing from acquiring liquor licenses.~80 In l.~Rue, bar owners challenged a regulation prohibiting nude dancfl~§ wl~ere alcohol ,vas served.TM The state offered evidence of 175. See id. at 51-52. 176. See, e.g., Phillips v. Borough of Keyport, 107 F.3d 164, 173-74 (3d Cir. 1997); see alsa Mitchell v. Commission on Adult Entertainment Establishments, 10 F.3d 123, 133-34 (3d Cir. 1993). 177. U.S. COl~S'r. amend. XXI, § 2 ("The transportation or importation into an), Stale, Territory, or possession of the United Slates for delivery or use therein of intoxicating liquors° in violation of the law thereof° is hereby prohibited."). The Supreme Court has interpreted tl~is language to give the states broad powers to regulate the sale and distribution of alcohol. See California v. LaRue, 409 U.S. 109 (1972). 178. 308 U.S. 132 (1939). 179. See id. at 138. 180. See ld~Rue, 409 U.S. al 117. 181. See id. at 110. The California regulations prohibited certain conduct on licerr,~.~l premises° such as performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulalion, flagellation, or any sexual acts thai are prohibited by law; the actual or simulated displaying of pubic hair, anus, vulva or genitals; Spring 1997] ZO..,'ING ADL!LT ENTERTAINMEN'I' 407 sordid and illegal acts occurrfl~g m and around the establish- rnents.1~2 The Court upheld the regulation recogniz~,g the broad powers states have h,~ regulating the use and distribution of alcohol under the Twenty-first Amendment.~83 The LaRue Court held that the regulations were within California's power to control the sale and dista'ibution of alcohol withirt its borders and that the regula- tions were a rational response to problems created by mixing alcohol with nude entertainment.1~4 The Court stressed the "critical fact" that the state did not prohibit nude performances across the board but only in places serving alcohol.~ss The Supreme Court has further held that a state legislature, pursuant to its power to regulate the sale of liquor withh't its boun- daries, cart ban topless dancing ia~ establishments that have a license to serve liquor.186 A "[s]tate's power to ban the sale of alcoholic beverages entirely ia~clude[d] the lesser power to ban the sale of liquor on premises where topless dancing occurs.'~7 The Court also held that nudity is the kind of conduct that is a proper subject for legislative action as well as regulation by the State Liquor Authority as a phase of liquor licensing, l~s In addition, "[c]ommon arose fl~dicates that any form of nudity coupled with alcohol in a public place begets undesirable behavior. This legislation prohibiting nudity ia~ public will once and for all, outlaw conduct which is now quite out of hand.''~9 and the actual or simulated touching, caressing or fondling on the breast, buttocks, anus, or genitals. See id. at 111-12. 182. See id. Customers engaged in oral copulation with women entertainers; customers enga§ed in public masturbation; and cuslomers placed rolled currency either directly into the vagina of a female entertainer or on the b,'u' so that she might pick it up herself. Numerous other forms of contact between the mouths of male customers and the vaginal areas of female performers reportedly occurred. See id. at 110. 183. See id. at 114 (noting that "the broad sweep of the Twenty-first Amendment has been recognized as conferring something more than the normal state authority over public healfl~, welfare, and morals"). 184. See id. at 115-19. 1~5. ltl. at 117. 186. Sec, New York Liquor Auth. v. Bellanca, 452 U.S. 714, 717 (1981) (per curiam). '187. Id. 188. See id. at 717-18. 189. Id. (citing NEw YORK ST^'I'F. LI-:GISI.^'I'iVE ANNUAL 150 (1977)). I. LAND LISE & ENVTL. L. [Vol. ~, 2:2 4. lss~e t-'o~r: ls the Lice~si;tg Req~i'rement a Prior Restrainer? Governments sometimes adopt licensing or pern'dt systems to regulate certai.n kh-~ds of activity, such as permits to engage in door- to-door soliciting, permits to parade, and permits to operate sound amplifiers.~° These licensing or penrdt systems are constitutional when the regulation is fashioned to benefit public health, safety, welfare, or convenience.~0~ For example, a parade licensing requirement requirfl~g notification of police for public regulation purposes and ensuring noninterference with other normal uses of the sn'eets is constitutional.~2 However, licensing systems aimed at forbidding speech or regulath'tg the content of speech are unconstit'utional.~ Sh~ce licensing and permit systems can be misused to restrai~'t speech, they are constitutional only if they provide clearly defined relevant standards for issuance and do not accord officials discretion to deny issuance of a license or permit because of the content or viewpoint of the expression or the identity of the speaker.~ When licensh~g officials have such broad discretion that they could effectively suppress legitimate speech, the permit scheme is void on its face and speakers need not comply with it.~s However, when licensing schemes provide clear ~tandards for issuance, speakers must seek a pernfit, and if refused, must seek iudicial or admfl~ist~ative relief rather than speak without permission.~96 Therefore, the doctrine of prior restraint is applicable ortly to impermissible means of restricting speech. Some local goverru~ents have employed a licensing requirement to prevent a concentration of adult businesses from opening establishments h~ their community.'~o? Adult businesses can be 190. See Kovacs v. Cooper, 336 U.S. 77, 86 (1949). 191. See Ginsberg v. New York, 390 U.S. 629, 636 (1968). 192. $ee Shutllesworth v. City of Birmingham, 394 U.S. 147, 151-52 (1969). 193. See Lovell v. City of Griffin, Ga, 303 U.S. 444, 450-52 (1938). 194. 5ce Cox v. New Hampshire, 3'!2 U.S. 569, 575-76 (1941); see also Kunz v. New York, 340 U.S. 290, 29,1 (1951). 195. See Staub v. City of Baxley, 355 U.S. 313, 318 (1958) (citing Smith v. Cahoon, 283 U.S. 553, 562 (1931)). 196. See. Poulos v. New Halnpshire, 3,t5 U.S. 395, ,109-14 (1953). 197. See FW/PBS, Inc. v. Cily of Dallas, 493 U.S. 215, 220 (1990) (invalidating a license requirement for adult businesses). Spring 1997] ZONIN(.; ADULT ENTFRTA1N,MENT 409 required to obtain an operating license, but no license may be denied merely because the busi.nesses will offer sextially explicit shows or other sinzilar materiaI.~98 The Supreme Court add;'essed licensing schemes as prior restraflats in FW/PBS, where the local ordinance required ail "sexually oriented businesses" to be licensed /rt order to operate.~99 The Court found that in order for a licensing system to be constitutional as applied to protected speech, the following three conditions must be satisfied: (1) any restrak,,,t prior to judicial review can be imposed only for a specified brief period duria~g which the status quo must be maintai.rted; (2) expeditious judicial review of that decision must be available; and (3) the censor must bear the burden of going to court to suppress the speech and must bear the burden of proof once in court.200 Since F'W/PBS, several decisions have reviewed and addressed various adult busfl'~ess licensing schemes. For instance, a county's adult bookstore ordi~ance was found to be an unconstitutional prior restraint on protected speech where the ordinance failed to assure prompt judicial review of an administrative denial of a special exception.2m Similarly, an ordinance was found to provide inadequate procedural safeguards where an adult bookstore seeking a special exception would face a delay of at least eight months from the date of' application.2°2 The Fifth Circuit reviewed two cases from Texas where the licensing procedures for adult businesses were challenged as prior restraflits on protected expression but were upheld under FIA?/PBS.203 The court was satisfied that the two licensing decisions were required to be made 198. see. id. at 220. 199. Id. at 236. The Court recognized that it was reasonable to believe that shorter rental time periods indicate that the motels foster prostitution. See id. 200. See id. at 227 (citing Freedmm~ v. Mm~lnnd, 380 U.S. 51 (1965) and finding that a censorship board could not prohibit a movie production and release by way of a prepublication review requirement to determine obscenity prior to publication). 201. See 11126 Baltimore Boulevard, Inc. v. Prince George's County, 32 F.3d 109, 114 (4th Cir. 1994). 202. See id. at 115 (finding thai a 150 day period for the completion of judicial review of a decisio;~ on an application for an adult bookstore was not an excessive period). 203. See TK's Video, Inc. v. Denton County, 24 F.3d 705 (Sth Cir. 1994); Grand Brittain, Inc. v. City of Amarillo, 27 F.3d 1068 (Sth Cir. 1994). 410 I. LAND USE & ENVTL. L. [Vol. 12:2 within a specified brief period, as mandated by FW/PBS.TM Because the two adult entertainment businesses at issue in those cases were already in business, the court further held the goverm~ent could not constitutionally shut them down while their application for a license was pending.205 Another court has held that the requirement for a conditional use permit was presumptively unconstitutional as a prior restraint on protected expression because no sites were available in the county for adult businesses to operate.206 The court also found that the code did not contain safeguards against the possibility that officials would deny a permit on the basis of the content of an applicant's speech.207 These cases indicate the frequency with Which local governments use licensing schemes to restTict the operation of adult businesses. D. Restrictive Zoning Regulations in Florida 'Florida, like other states, has attempted to use zorth~g laws to address concerns regarding the adverse secondary effects attributed to adult businesses.208 Time, place, and manner regulations have been used by several cities fl'~ Florida to disperse or concentrate these establishments with the h~tent/on of combating the adverse secondary effects. Those Florida cities that have enacted time, place, and mariner regulations affecting the 204. see TK's Video, 24 F.3d at 708 (60 day period); Grand Brittain, 27 F.3d al 1070 (11 day pt': !od). 205. See TK's Video, 24 F.3d at 708; Grand Brittai,, 27 F.3d at 1071. 2{16. See Mga Susa, Inc. v. County of Benton, 853 F. Supp. 1147, 1150 (D. Minn. 1994) (invalidating a permit requirement for a "recreational facility," the definition of which included various kinds of adult and nonadult businesses). 207. See id. a t 1151. 208. See T-Marc, Iix:. v. Pinellas County, 804 F. Supp. 1500, 1503 (M.D. Fla. 1992) (upholding a zoning ordinance requiring a Ihree foot distance between dancers and patrons to control secondary effects of adult use establishments); 3299 N. Federal Highway, Inc. v. Board oI County Corem'rs of Broward County, 646 So. 2d 215, 221 (Fla. 4th DCA 1994) (upholding a zoning ordinance providing for a three foot distance between the dancers and Ihe patrons to prevent lapdancing and the adverse effects cause by this activity); International Eateries of America, Inc. v. Broward County, 941 F.2d 1157, 1162 (11 th Cir. 1991) (upholding a zoning ordinance that furthered a substantial governmental interest in proleclil~g the quality of urban life from Ihe secondary effects of adult businesses). Spring 1997] ZONING AD Lil..T ENTERTAINMENT 411 location2°9 and distance pat~'ons must keep from nude dancers',210 have also had to satisfy the requirements of Re~tton.2~ Some local governments have attempted to use zoning laws to "zone out" adult entertainment bus~esses. For example, in lnten~ational Food and Beverage Systems, the court noted that the evi- dence revealed mzly twenty-five locations around the city that were available for adult entertainment businesses.2~2 The proposed sites were near the city's well-fields on the outskirts of town or located near the airport where much of the land was condemned or under- going drastic change due to construction of a new expressway.2~3 The court found that these sites were so patentiy unsuitable for bush'~esses that the regulations effectively zoned the subject adult entertaimnent businesses out of the cit-),.TM Thus, the regulations were unconstitutional because they were not the least restrictive means to achieve the city's legitimate interests.2~ Prior to the Florida Supreme Court decision in City o,f Daytona Beach v. Del Percio,2~6 the Florida courts had not answered the critical question of whether Florida had delegated its powers under the Twenty-first Amendment to counties and municipalities. Resolution of this question was crucial because local ordinances regulating the sale or consumption of alcohol would be entitled to a presumption of validi~, co~'fferred by the Twenty-first Amendment if the state had delegated the authority.2~? However, if the state had not delegated the authority, the ordinances would be subject to the stricter review applicable to exercises of the general police power.2~8 In 1985, the Florida Supreme Court answered this 209. see, e.g., International Eateries, 941 F.2d at 1157. 210. See, e.g., T-Marc, 804 F. Supp. at 1503; 3299 N. Federal Highway, 646 So. 2d at 221. 211. See Inten~ationai Eateries, 941 F.2d at 1161; T-Marc, 804 F. Supp. at 1502; see also discussion supra Part 11.C.2.c. 212. See International Food and Beverage Systems v. City of Fort Lauderdale, 614 F. Supp. 1517, 1521 (S.D. Fla. 1985). 2'13. See. i~L 214. See id. 215. See id. at 1522. 216. 476 So. 2d 197 (Fla. 1985). 217. See New York State Liquor Aulh. v. Bellanca, 452 U.S. 714, 718 (1981). 218. See. Krueger v. City of Pensacola, 759 F.2d 851,852 (llth Cir. 1985). 412 ]. t.AND LISE & ENVTL. L. [Vol. 12:2 question by finding that the powers had been delegated.2~9 Since this time, local governments have used these delegated powers to restrict or forbid the sale of liquor at adult businesses. 2:'0 III. THE SECONDARY EFFECTS OF ADULT ENTERTAINMENT ESTABLISHMENTS ON RESIDENTIAL NEIGHBORHOOI~ "With the increase of Adult Entertainment Establishments came a public awareness that these type of businesses could have a direct effect on the quality of life in... neighborhoods due to the criminal activities associated with these adult businesses and [~e type of patrons that [they] attracted."22~ Residents of communities located near some of these businesses have many reasons for disliking these establishments. One concern is with drivers who rush out of the parking lots of the businesses while children are nearby.222 Public hearings have overflowed with similar concerns about traffic, prop- erty devaluation, prostitution and other crimes. However, at the core of this concern is the fear of the kind of people a nude dance club attracts; usually undesirables, transient crowds, and unsavory elements.223 A. Adverse Effects and Their Causes Adult entertaflm~ent establishments foster criminal activities such as racketeering, arson, murder, narcotics, bookmaking, porno- 219. See Del Percio, 476 So. 2d at 201-04. 220. See Fillingim v. Boone, 835 F.2d 1389, 1399-1401 (llth Cir. 1988) (affirming the conviction of adult night dub owner for violating an ordinance prohibiting nude or semi- nude entertainment in an eslablishment where alcoholic beverages were sold for consumption). 221. Tampa Transcript, supra note ~, at 15. 222. This effect is likely due Io the customer's effort to avoid being seen patronizing the business, usually because of the negative image associated with those who frequent adult entertainment establishments. See it's Shot~time, SEA'I'rLE TIMES/SEA'FrLE POS2: I~'rF.I. IolGENCEIk June 2, 1991, at 22 [hereinafter It's 5howtime]. 223. These terms are generally used to negatively depic! patrons and supporters of adult businesses. However, llmse who patronize adult establishments are often busi,~essmen, married men, or others who would be considered upstanding members of the community. See It's Shoo,time., supra note 222, at 22; see also Report of the Florida Supreme Court Gender Bias Stmty Commission, 42 FI.^. L. RI..'v. 803, 899 (1990). Spring 1997] ZONINGADLILT ENTERTAINAIENT 413 graphy, profit skimming, and loan sharking.224 Along with these activities, opponents of these establishments argue that the spread of HIV, increased prostitution, increased rape, and neighborhood deterioration are also adverse secondary effects attributed to adult businesses.225 Not ordy does a commm~t~ have to deal with the increased crime brought by these businesses but also the impact on moral values. Signs erected on public streets and highway bill- boards h-trended to solicit pat-rons ultimately h-tdicate to the com- munity's youth that the moral standard of the community is to depict women as tools for sexual gratification and fantasy fulfill- merit, rather than as friends, lovers, mothers, and equals.226 224. These activities are directly associated with organized crime, which has been argued to be the ",no,'tey and muscle" behind adult entertainment establishme,~ts. Tampa Transcript, supra note 1, at 15. . 225. See itt. at 21-22. 226. "What this particular form of enterlainment takes away from men, slowly, h~crementally over time, probably unconsciously, is their capacity to appreciate the women in their ordinary lives. And perhaps it blunts even their ability to view women as equals." See it's Showtime, supra note 222. at 23. 414 ]. LAND LISE & ENVTL. L. [Vol. 12:2 1. The Sl~read of HI V One of the adverse secondary effects attributed to the use and location of adult use businesses is the increased spread of HIV. Many local officials consider the rapid spread of HIV and AIDS in many cities throughout the country, its incurable and fatal nature, and its mode of transmission.22? During the 1980s, HIV infection emerged as a leading cause of death fl-~ the United States among young adults aged 25 to 44 years.22s By 1989, HIV infection had become the second leading cause of death in men and the sixth leading cause of death in women in this age group, accounting for 14 9'0 and 4 % of deaths respectively. 229 "[M]ost AIDS cases in men result from HIV h'ansmission by homosexual contact, and high incidence rates of AIDS related to homosexual contact are widespread in many states across the country."230 Thus, preventing the spread of HIV has been cited as a reason for enacting ordfl~ances to resh'ict or prohibit closed viewing booths fl~ adult establishments that provide peep shows of nude dancers or coin-operated X-rated video viewing. 23~ Many local governments have found that viewing booths in adult establishments have been or are being used by patrons as places to engage fl~ sexual acts, particularly between males, includ- ing but not limited to i~tercourse, sodomy, oral copulation and masturbation, resulting in unsafe and unsanitary conditions. 232 227. See Francisco G. Torres, Lights, Camera, Actionable Negligence: Transmission of AIDS Virus Di~ring Adult Motion Picture, Production, 13 HASTINGS COMM. & ~. L. J. 89, 92 (19~). HIV causes AIDS by debilitating one's immune system and ultimately causing death. AIDS is a fast-growing public conc~.~'~ due to its rapid spread in recent yea~. See · id. at 92-93. 228. See Richard M. Selik et al., Infection as Lending Cause of Death Among Young Adults iu LI.S. Oties and States, 269 JAMA 2991 (1993). 229. See id. 230. Id. 231. See Suburban Video, Inc. v. City of Delafield, 694 F.Supp. 585, 588 (E.D. Wis. 232. See id. at 588 n.l (citing DEI.AI:II~Li), WIS., CODEOF ORDINAN~ ~ 11.14, which lisls Milwaukee and Kenosha Counties, Wisconsin; Chattan~ga, Tennessee; Newport News, Virginia; and Marion Counly, Indiana as localities that have found that adult eslablishmenls have been used by patrons for sexual acts); The Dayton city commission found Ihat similar activity occurred at local adult establishments in Dayton, Ohio. See Balncm Corp. v. Cily of Dayton, 923 F.2d 470, 473 (6lb Cir. 1990). Minneapolis, Minnesota Spring 1997] ZONING ADI.!LT £'~,4TERTAIN.~.'iENT 415 The viewing booths at these adult establishments are small closet- sized rooms that are divided from adjoimng boofl'~s by plywood petitions. The plywood petitions have holes cut iaa them which permit the occupant of one booth to engage in sexual contact with the occupant of the adjoining booth, and consequently, the potential to spread HIV.233 Local ordflaances that govern the physical layout of these types of adult establishments require that each booth, room, or cubicle be totally accessible to and from aisles and public areas of the establishment and shall be unobstructed by any door, lock, or other conta-ol-type devices.234 These time, place, and manner regulations seek to dflnflaish the spread of contagious diseases caused by high risk sexual conduct by regulating certain commercial facilities where high risk sexual conduct has been found to have taken place.235 Evidence has shown that high risk sexual activities include multiple, anonymous sexual encounters and casual sexual activity occur in adult establishments that offer such viewfl'~g booths.236 Testimony by pah'ons of these adult establishments evidence that fellat-io, anal intercourse and mutual masturbation take place fl'~ the viewing booths.237 The employees of these establishments have also testified that semen was found on the walls or floors of the viewing booths.23s Thus, courts have found resh'ictive ordinances for the viewhag booths to be valid based on has also passed a similar ordinance based on such findings. Set Doe v. City of Minneapolis, 693 F.Supp. 774, 777 (Minn. 1988); Broward County, Florida has conducted an extensive sting operation to m~cover these activities. 5~ M~'RO~LITAN BUREAU OF INVESTIGATION, N~l'~i JUDICIAL CIRCUIT, AI:FIDtWIT/ ~ffCUI'IVE SUhlMARY (Sept. 1, 1987) [hereinafter PI~OSECU'I'IVE SUMMARY] (stating that agents reported witnessing sexual intercourse, oral copulation, sodomy and fellatio) (on file with author). 233. See Memorandum from the Broward County Dep't of Strategic Pl~ning and Growlh hlanagement to the Bd. of County Corem'rs 0une 4, 1993) [hereinafter Broward Counly Memorandum] (on file wilh author). 234. See Suburban Video, Inc. v. City of Delafiel~. 694 F. Supp. 585, 588 (E.D. Wis. 1988); Bamon Corp. v. City of Dayton, 923 F.2d 470, 471 (6th Cir. 1991); Doe v. City of Minneapolis, 693 F. Supp. 774, 777 (D. Minn. 1988). 235. See Doe, 693 F. Supp. al 776. 236. See supra hole 234 and accoml~an).i~g text. 237. See D~, 693 F. Supp. at 777; ffamon Corp., 9~ F.2d at 472; Pennsylvania v. Danny's New Adam & Eve Bookstore, 625 A.2d 119, 122 (Pa. Commw. Ct. 1993). 238. See I IxOSECIJ'i'IVI~ SUMMARY, sttpra nt~le Z~2. 416 I. LAND LISE & ENVFL. L. [Vol. 12:2 the local government's substantial interest, in ensuring sanitary public places to retard the spread of sexually transmitted diseases, like AIDS.239 Danny's New Ada~u & Ez:e Bookstore discussed the potential spread of HIV and AIDS in adult entertainment establishments that offer closed viewing booths.2ao A Pe~msylvania state appeals court upheld a lower court decision closing down certain areas of two adult bookstores and video establishments that were found to be public nuisances because they threatened fl~e spread of HIV.2'~ The decision arose on a consolidated appeal by Danny's New Adam & Eve Bookstore and Book Bin East, which both sold sexually oriented video tapes, books, and magazines, as well as offered co~'~-operated video viewing booths.242 Agents for the state testified that a number of the booths had holes between them that allowed patrons to have oral sex with persons in the adjacent booth.243 A state agent also testified that in the "Couch Dancing" area of the Book Bin East, dancers offered to have sex with him for money.244 In addition to this testimony, a patron of these establishments testified that he was i~xfected with HIV and that he had engaged in fl~tercourse in the establislu-nents on several occasions.245 The court found that "[c]ompetent evidence exists in the record to support the trial court's conclusion that sexual conduct, occurring on the premises, could lead to the spread of HIV which may result in AIDS.''246 The court further held that the "citizens of the Commonwealth of Pem~sylvania will suffer irreparable harm if defendants continue to maintain video viewing booths and areas utilized [as] 'California Couch Dancing' where sexual activity has taken place which could lead to the spread of HIV.''2~? Thus, the 239. See Suburbm~ Video, 694 F. Supp. at 589. 2411. See Dtmny's New Adam & Eve Bookstore, 625 A.2d at 121. 241. See id. al 122. 242. See id. 243. See id. al 120-21. 244. Itl. al 121. · 245. See itl. al 122. 246. Itl. 247. hi. al 121. Spring 1997] ZONING ADULT £NTERTAINMF_.NT 417 court considered the spread of HIV a legitimate state concern to justify regulation. 2. Increased Crime, Prostit~ttion, Rape, and Neighborhood Deterioration In LaRue, the Court relied upon testimony by law enforcement agents and state investigators that prostitution occurring in and around strip clubs h~volved some of the female dancers employed at the clubs.24s The city also presented testimony that indecent exposure to young girls, attempted rape, rape, and assaults on police officers took place on or inunediately adjacent to such premises.249 Numerous studies have been conducted in cities throughout the United States to determine the relationship between fl~creased crime rates and decreasfl~g property values, including Austin, Texas; Orange County, Florida; Dallas, Texas; Los Angeles, California; Tampa, Florida; and Palm Beach County, Florida.2~° The reports describe the methodolog3, and results of studies done between 1984 and 1985 in Los Angeles, California and Austin, Texas and are reasonably detailed.25~ The Austh~ study compared rates of sex-related crimes and other crimes in four study areas, all of which contained one or two adult bush~esses, to the · corresponding crime rates in control areas, which were said to be near the st-ady areas and similar in land use characteristics, but without adult entertainment establi.,.:hments.252 Generally the crime rates were found to be higher in areas containing adult establishments than in their correspondh~g control areas.2~3 Crime rates were higher for both sex-related and non-sex-related crimes. 254 248. See California v. l.aRue, 409 U.S. 109, 110 (1972)' 249. See id. at 111. 250. See. Broward County Memorandum, supra note 233; see also T-Marc, Inc. v. Pinellas County, 804 F. Supp. 1500, 1503 (M.D. Fla..1992) (tisting cities that have conducted studies of secondary effects of adult unturtainmunt). 251. See Randy D. Fisher, Evidence for the Harms of Adult Entertainment: A Critical Evalualion 11 (1993) (unpublished ,'eport) (on file with author). 252. See id. 253. See id. 254. See id.; see dso Borrago v. Cily of Louisville, 456 F. Supp. 30, 31 (W.D. Ky. 1978) (upholding an ordinance based on studies on increased crime and undesirable clientele 4~18 I. LAND LISE & ENI.'TL. L. [Vol. 12:2 An independent report founci that the number of adult busi- nesses in the Hollywood area of Los Angeles fl~creased from eleven in 1969 to eighty-eight in 1975, a 700% increase.~55 During the same t/me period, reports homicide, rape, m~d burglary256 increased 7.6% in Hollywood and 4.2% citywide, indicath~g a low rate in the h~crease of serious crime in both areas.2s? The report notes that arrests for prostitution, drug offenses, gambling violations, and various misdemeanors258 increased dramatically to ~5.4% in the Hollywood area compared to a modest increase city- wide of 3.2%. Additionally, a New York City study shows that the most severe crime, prostitution, and urban blight occur when adult businesses concentrate in one particular area of a city.~S0 Although most of these studies show a correlation between the location of adult bush~esses and an h'~crease in crime, the studies' reliability and accuracy have been questioned.~60 However, surveys of police officers and comments of citizens al: public hearings have consistently expressed the view that the presence of adult businesses have had a negative effect.2~ Two types of studies have been conducted to determine whether the presence of adult entertainment affects property values.262 The most common study approach has been to solicit the opinions of real estate appraisers, lenders, or property owners about the effect of adult businesses on nearby residential or commercial properties.~6~ Results of these surveys show that the maiority of people surveyed would not buy a house or open a around adult establishments). But see California v. LaRue, 409 U.S. 109, 131-33 (1972) (Douglas, J., dissenting) (rejecting the causal cormection between sex-related entertainment and criminal activity). 255. See Fisher, supra note 251, at 10. 256. See id. at 11. 257. See id. 258. See id. 259, See Rad~ael Simon, Nole, New York City's Restrictive Zoning of Adult BuSinesses: A Coustitt~tional Analysis, 23 FORDIt^M L. RI~V. 187, 205 (1995) (referring Io this occurrence as Ihe'°combat zone effect"). 260. See Fisher, supra note 251, at 11. 261. See id.; see also Simon, supnt note 259, at 187, 190. 262. See Fisher, sttpra note 251, at 15; see also Simon, supra note 259, at 206. 263. See Fisher, supra note 251, at 15. Spring '1997] ZONING AD t.ll.T' EN'iI'ERTA!NMENT 419 business near'an adult business.264 Additionally, real estate professionals and residents generally agree that adult entertainment lowers prop,'rt3, values "from moderate to substantial amounts." 265 Los Angeles and Indianapolis used a different study ap- proach.266 These studies examh~ed property values through Multi- ple Listing data or property value assessments and compared data for areas containing adult entertainment with control areas that contained no such establishments.267 Many appraisers and real estate agents surveyed responded that the effects on property values depend upon the t3,;pe of adult business, how it was run, and how it was marketed.268 B. The Relationship Between Adverse Effects and Location of Adult Businesses :' The findings of these studies indicate that when compared to other commercial uses, increased crime rates and lower property values are more likely to be found near adult enterta~ment busi- nesses.269 Some studies found that illegal and lewd activities often occurred in adult bookstores and theaters.270 Other studies docu- ment neighborhood deterioration associated with adult entertafl~- ment establishments.27~ Although local governments have relied on these studies to support the passage of restrictive zoi~ng ordinances, researchers disagree over whether a relationship exists between adult enter- tainment businesses and adverse secondary effects. The National Coalit-ion Against Pornography, Inc. has distributed leaflets and fact sheets that indicate a link between sexually explicit material 2¢kl. see id. 265. Id. 266. See id. at 16. 207, See id. 268. See id. at 15. 269..See Broward Counly Memorandum, supra note 233. 270. See PROS£CUTIVi.: SUMMARY, supn~ note Z32 (reporting that agents witnessed sexual intercourse° oral copulation, sodomy and fellatio). 271. See Tampa Transcript, supra hole 1, at 9, 21-22. 420 ]. LAND USE & ENVTL. L. [Vol. 12:2 and crime, child molestation raI' ;, and rape.272 However, following the Final Report of the Attorney General's Commission on Pornography (~'Ieese Commission Report),2?3 numerous researchers independently published contrary findh~gs that no statistical data existed to support a relationship behYeen violent or nonviolent sexually explicit material and rape, molestation, prostih.~tion, and other crimes.274 Nevertheless, whether secondary effects are attributable to adult entertainment businesses conth~ues to concern residents of communities located near these businesses. 275 These concerns, instead of the abstract statistical data found by researchers, are the focus of zoning boards and local govermnents. 276 Although the passage of rest'rictive zonh~g ordinances must be supported by sufficient factual findings, the Supreme Court has held that this evidence may be borrowed from other cities where the secondary effects exist.277 Also, "[al city need not wait for urban deterioration to occur before acting to remedy it" by way of a zoning ordinance that restricts location of adult entertainment businesses, and a city may rely upon experiences of other cities in enacting such restrictions as long as reliance is reasonable.27~ Adult entertainment produces negative secondary effects, as is evidenced by numerous stndies. Potential effects include: the spread of HIV, higher crime, higher rates of prostitution and rape, and neighborhood deterioration, including decreased property val- ues. In the next section, this Com~nent explores methods of reduc- ing these harmful effects. 272. See NA'rlON^L COAI. ITION AGAINST POI~NOGR^I'H¥, FACT SI IE£T (1990). 273. AWORNEY GENERAL'S COMM'N ON POR~RAPi-~, U.S. DEffT OF JU~2~, FINAl. RE~I~'r 215 (1986) [here, nailer ~ESE COMM'~ ~lt]. 274. See MAlaCCA P,~.~.Y, SENSE AND C~O~H~P: THE VAN~ OF BONFIR~ 18-23 (Americans for Conslitulional Freedom & Freedom to Read Foundation 1991). 275. See Minules of Ihe Bd. of Counly Corem'rs, Broward County, Fla. 2-7 (July 13, 1993) (idenlifying 20 citizens who voiced opinions concer~ng adult entertainment establishments in lheir neighborhoods); sec also It's Showtime, supra note 222, at 22. 276. See II's Showltme, supra note 222, at 22. See ~nemlly Tampa Transcript, supra note 1. 277. See City of Renlon v. Playtime Thealres, Inc., 475 U.S. 41, 51 (1986). 278. 15192 Thirleen Mile Rd., Inc. v. City of Warren, 626 F. Supp 803, 8~ (E.D. Mich. 1985); see aisoGenusa v. Cily of Peoria, 619 F.2d 1203, 1211 (7th Cir. 1980) (finding that "a city need not awail deterioration in ortler 1o act"). Spri;~g ~1997] ZONING ADULT £NTERTAINMENT 421 IV. POSSIBLE SOLUTIONS TO COMBAT SECONDARY EFFECTS Communities have used different strategies to reduce the harm- ful effects resulting from the presence of adult entertaimnent. Many co~mnunities use zoning as a tool to rid their residential area of these harnfful secondary effects.279 When zoning out the adult entertaim~ent establishment is not a viable avenue, other alternatives may be considered, such as expanding th.e scope of prostit-ution statutes280 or narrowing the scope of materials protected by the First Amendment.2~ A. Is Zoning the Solution? In 1986, President Reagan created the Meese Commission speci- fically to study the impact of pornography on society.2~2 In review- h~g the use of zoning schemes to restrict adult entertainment, the commission expressed concern that "zoning may be a way for those with political power to shunt the establishments they do not want in their own neighborhoods h~to the neighborhoods of those with less wealth and less polit4cal Fower. 283 St~'iking a balance between zol~g and freedom of speech has proven to be a difficult and imprecise judicial exercise.28~ While the courts have not provided defil~it-ive guidance on all the legal questions, municipalities desiring to combat the secondary effects of adult uses have received sufficient judicial direction to enable passage of zoning legislation safe from judicial veto.285 Some municipalities have attempted to disperse adult uses by implementing minimum distance requirements between adult establishments and other land uses such as residences, churches, schools, and parks.2s6 These 279.' See discussion infra Part I V.A. 280. See. discussio,~ in. bw Part IV.B.I. 281. $c'¢ discussion i,~fra Part 1¥.B.2. 282. See MEESE COMM'N REI'ORT, sttprtl 110111 273, at 390. 283. hL 2S4. See David J. Christiansen, Zoni,g and the First Amendment Rights of Adult Euterlai,meut, 22 V^I.. U. L. RF.V. 695, 709 (1988) (discussing the judicial treatment of the practice of zoning out adult businesses). 285. See. City of Renlon v. Playtime Theatres, Inc., 475 U.S. 41, 48-50 1986). 286. Sec. Young v. American Mini Theatres, Inc., 427 U.S. 50, 52 (1976) (upholding a zoning ordinance tirol restricted the location ol adult use businesses to prohibit the 422 ]. LAND USE & ENkTL. L. [Vol. 12:2 municipalities concenh'ate adult establishments in industrial, light industrial, or commercial zones using zoning ordinances.287 The first major area of concern in promulgating adult use zoning ordinances invoh, es development of the factual record.28~ The factual record must be built by a municipality prior to the passage of any restrictive zoning legislation.2S9 The record should include two components: ('1) studies indicating that a lfl~k exists between adult uses and the problems associated with those adult uses; and (2) studies indicating that the method chosen, whether dispersal or concentration, addresses those undesirable secondary effects.29° Municipalities have two alternatives for building a factual record that will support an adult use ordinance, both of which must withstand judicial scrutiny. First, a municipality can hire experts in demography, crime, traffic, housing, real estate valuation, and commercial development to supplement the record.291 Urffortunately, this option is very costly. Alternatively, a city can borrow from factual records of other cities that have enacted similar legislation.292 If a municipality chooses to borrow from other cities' experiences in building its factual record, the statement of purpose for the ordinance should clearly identify that a nexus exists between adult uses and certain secondary effects, the particular location of adult businesses within 1,000 feet of each other and 500 feet of residential Zone); see also Northend Cinema, Inc. v. City of Seattle, 585 P.2d 1153, 1156 (Wash. 1978) (upholding a zoning ordinance that restricted the location of adult use businesses'to a specifi~t area of the city); see also City o]' Rento,, 475 U.S. at 43, 52 (upholding a zoning ordinance that prohibited the location of adult use businesses from within 1,000 feet of a residential zone, church, park, or school); Giarmi P. Servodidio, The Devaluation of Nonobscene Eroticism as a £orm of £xpression Protected By the First Amendment, 67 TtJL. L. REV. 1231, 1235-37 (1993). Many jurisdictions have found alternatives to get around the Miller standard, thus leading to inconsistent results. See id. 287. See Ca':.~! of Renton, 475 U.S. at ,16, 52 (upholding a zoning ordinance that restricted the location of the adult usc businesses to industrial and commercial zones). 288. See, e.g., Northend Cinema, Inc. v. City of Seattle, 585 P. 2d 1153 (Wash. 1978). 289. Sc'e Gly of Renlon, 475 U.S. at 51-52. 290. 5e¢ id. 291. See id. 292, See id. at 50-52. A municipality does not need to conduct new studies and build an i,dependent factual record "so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses." Id. at 51-52. " bpring 1997] ZO?,'JNG ADUi. T ENTERTAINMENT .,..3 secondary effects of adult uses that the ordh~ance seeks to address, and a legislative finding that the ordfl~ance in question addresses those secondary effects.293 In addition to a statement of purpose, the factual record should also contain, when feasible, factual findings that support the nexus between the secondary effects,294 and the method chosen to combat those secondary effects.295 This additional i~xformation allows a court to determine that the legislative body understood the secondary effects and made an intelligent determination that the ordinance was reasonably believed to be an effective method of combating the existfl~g secondary effects. 296 Conclusively, restrictive zoning of adult use establishments may help curtail adverse secondary effects that adult businesses bring fl'~to commm~ties. However, the requirements of Renton297 must be considered to ensure that tl~e constitutional rights of owners and patrons are not violated. B. Alternative Methods of Sotving the Problems of Secondary Effects 1. Expand the scope of prostitutio~ statutes 293. see itt. at 50-52. The language i,~ Re, ton and subsequent decisions indicates that a municipality's failure to address the gover,~mental interest issue can be fatal to the con- stitutionality of the ordinance. For example, Fort Lauderdale p~sed a city ordinance that s~ated as its purpose the desire "to preserve public peace and good order" and maintain property values in areas around ,'esidential sections, parks, and schools. The district court held that the city failed to provide evidence of a documented history of concern about the undesirable effect of adult entertainment on the conununity. International Food & Beverage $~tems v. City of Fort Lau&rdale, 614 F. Supp. 1517, 1520 (S.D. Fla. 1985); see Krueger v. City of Pensacola, 759 F.2d 851,852 (11 th Cir. 1985). 294. These findings should i,~clude testimo,~y or reports from urban planners, demo- grapl~erso crime experts, traffic consultants, and experts in housing, real estate valuation, commercial development, and similar evidence. See City of Renton, 475 U.S. at 51 (stating that a city may rely on the experiences of other cities and on the evidence summarized irt Northe,d Ct,cma, htc. v. City of Seattle, 585 P.2d 1153 (Wash. 1978)}. 295. See City of Rc, to,, 475 U.S. at 52. 296. See Northend Cinema, Inc. v. City of Seattle, 585 P.2d 1153, 1159 (Wash. 1978}. 297. The zoning ordinance must provide sufficient evidence of adverse secondary effects, thc definitions must be narrowly tailored and a reasonably available alternative mea,s ~:1' communications. See City of Re, lo,, 475 U.S. at 52-54. 424 ]. LAND USE & ENVTL. L. [Vol. 12:2 Prostit'ution is tl~e criminal act of exchangh~g sex for money; an offense that is illegal in most states. 298 The institution of prostitu- t-ion allows males unconditional sexual access to females, limited only by their ability to pay.2~)9 Various studies conducted on adult bookstores, peep shows, strip clubs, pornographic modeling studios, and lingerie modelh~g shops conclude that many of these establishments offer sex for money.300 Increased prostitution and littering h'~ nearby neighborhoods are among the secondary effects at~'ibutable to these adult businesses30~ and are the primary contributors to conu~unit3., complah~ts about these businesses.3o2 One way to assuage the secondary effects of adult businesses would be to include pornographic filmmakers and owners of adult businesses under the scope of prostitution statutes, thus penally, lng any a_ctivity i.n which sex is exchanged for money. Any owner, fihnmaker, or photographer who does not encourage or assist in the exchange of sex for money would not fall within the scope of 298.. Nevada has made an exception for legalized prostitution. "It is unlawful for any person to engage in prostitution or solicitation lhereof, except in a house of prostitution." N£v. Rr.v. STAT. § 201.354 (1995). 299. See Evelina Giobbe, Prostitution: Buying the Right to Rape, in R^Pi~ ^l~r)SEXUAL ASSAUI.'i' II1: A R~:.SI/ARCi ! H:\.~DllOOK 143 (Ann Wolbert Burgess ed., 199'1). Prostitution is "[e]ngaging in or agreeing or offering to engage in sexual conduct with another person trader a fee arrangement with that person or any other person." BLACK'S LAW DICIIONARY 1222 (6th ed. 1990). Although prostitutes may be either male or female, this Comment refers only to the majority of the situalions in which the prostitute is female. This Conu~ent also acknowledges that some pornographic filmmakers are female. However, an examination of these situalions is beyond the scope of this Cotnment. 300. See generally supra note 235-2.15 and accompanying text. A typical work day for pornographic models is 12 lo 14 hours long, and models can expect to engage in at least two sex scenes a day. See MEESE COI~tM'N REI~)RT, s~tpra note 273, at 871. Further, the Meese Commission concluded that "it seems abundantly clear from the facts before us that ihe bulk of commercial pornographic mcxieling, that is all performances which include actual sexual intercourse, quite simply is a from of prostitution." Id. at 890; see PROSECU'I'IVE SUMM^RY, supra note 232 (reporting that agents witnessed sexual intercourse, oral copulation, sodomy and fellalio); see also LIhlDA LOV£LACE & MICItAEL Mr,.'GI{AI}Y, ORI}EAL (1980) (the autobiography of a pornographic star who describes the abuse she suffered and the prostitution with which she engaged while filming these types of m~)vies). 301. See Tampa Transcript, supra hole 1, at 21-22. Undercover agents have seen condoms lying on the ground in parking lots of .some adult entertainment establishments. ,~e PROSI.:.CU'I'IVE SUMIvlARY, supra note 232, al 235. 302. 5:e Tampa Transcript, supra note 1, al 21-22. Spring 1997} ZO~..,'!."TG ADLIL'I' ENTERTAINMENT 425 these proposed prostitution statutes. As seen h~ numerous states, many patrons engage in sexual activity or lewd acts in adult establishments.3°3 These establishments would be the primary target of expanded prostitution statutes. Decreasing the number of adult establishments that promote and foster sexual activity and lewd acts appears to be the ultimate goal of most local governments which enact restrictive zoning ordh'tances.30'4 In contrast, this alternative is not intended to dissolve all adult establishments but aims to decrease physical sexual actions.3°s Thus, these improved statutes would merely exist to eliminate the sexual activity and lewd acts that occur at some adult establishments. If adult establishment owners and pornographic filmmakers were held criminally liable for the activities that occur in the proximity of their establishments then perhaps a heightened level of awareness and prevention of prostitution would develop h~ this h~dustry and the neighborhoods in which these establishments are located. Thus, under current prostitution statutes, the owner is able ignore illegal money transactions between the patrons and dancers. Broader prostitution statutes would lessen this purposeful ignorance by imposing greater liabilit3, upon owners, which in turn would lessen some secondary effects sternming from adult entertainment establishments, most notably prostitution and the spread of HIV and AIDS. In California, some pornographers have been successfully prosecuted under prostitution statutes.306 However, the case of People v. Freemm~3°? slowed such prosecution by overtumh'~g precedent which held to the contrary.3°8 The court found that 303. Sec discussion supra Part III.A.I. 304. Sa~ City of Renton v. Playtime Theatres, Inc., 475 U.S. at 41, 52-54 (1986). 305. See itl. 306. See People ex tel. Van de Kamp v. Anmrican Art Enter., Inc., 75 Cal. App. 3d 52.,'t {Cal. Ct. App. 1977); People v. i:ixler, 56 Cai. App. 3d 321 {Cal. Ct. App. 1976); People v. Zeihm, 40 Cal. App. 3d 1085 (Cal. Ct. App. '197..'1). 307. 758 P.2d '1128 {Cal. 1988) (overturning conviction of an adult business owner charged with procuring another person for Iht: purpose of prostitution). 308. See id. at 1133 n.6 ("'F~ the c. xtt. nt that People v. Fixler, People ex roi. Van de Kamp v. A,~erictm Art Enterprtses, htc., and i~eolde v. Zcihm h{~ld that the payment of wages to an actor ch' ~{1{:1 wh{~ pe,'lt~rms a :i{:xui~l act in filming or photographing for publication 426 I. LAND UtE" _.,. . c.; EN V'FL. L. [Vol. 1'~"~ payi~],'o actors ai~d ach'esses to enga~e in "various sexually explicit acts, including sexual intercourse, oral copulation and sodomy" did not come under the statutory definition of prostitution.309 The court further stated that to constitute prostitution, "the money or other consideration must be paid for fl~e purpose of sexual arousal or gratification .... 3~0 The Freeman court found "no evidence that defendant paid the achng fees for the purpose of sexual arousal or gra ti fica tion .... ,, 3 ~ ~ Prior to Freeman, the Fixler court concluded that the prosecution of owners, filmmakers, and photographers was based on conduct and was not aimed at prohibiting any communication of ideas.3~2 The cour~ in State v. Kravitz,3~ upheld the conviction of the owner of an adult entertainment theater for solicith'~g a male and a female to engage in sex acts before an audience.3~ Likewise, in People v. Mmta,.~'~s the defendant was convicted for pimping and panderfl'tg by hiring women to have sex with "members of the audience.'~6 As in these cases, prosecution of adult bush'~e$$ owners, pornographic filmmakers, and pornographic photographers under prostitution statutes proves to be a practical approach for lessening some of the secondary effects associated with adult entertainment establishments because the difficult problem of First Amendment line-drawh~g is avoided. 2. Modi~d the application of Miller v. Calfforl~a The Supreme Court has held that obscenity does not come under the umbrella of the First ^mendment as protected speech or conduct.3~? Although questions of the soundness of the Miller test have produced considerable debate, its practical result has been to _ constitutes prostitution regardless of the obscenity of the film or publication so as to suppo,-t a prosecution for pandering.., they are disapproved."). 309. hi. at 1129, 1135. 3111. hi. at 1131. 311. hi. 3'12. See People v. Fixler, 56 Cal. App. 3d 321,325 (Cal. Ct. App. 1976). 313. 511 P.2d 844 (Or. Ct. App. 1973). 31.1.See id. at 845-46. 315. 157 Cal. App. 3d 309 (Cal. Ct. ^pp. 1984). 3'16.hi. at 313-16. 317. See supra note 98 a~d accompanying text. Spring l -~97] ZO.\'ING ADUL'~' ENTERTAINMENT ,t27 narrowly define the category of materials subject to prohibition as those depicting "hard-core" sexual conduct.3~s In Je~kins, ti're Court unanimously reversed an obscenity convic- tion based on t l~e motion picture Carnal KnoWledge?9 This opinion signaled the Court's willingness to review the content of allegedly obscene material to limit a jury's unbridled discretion h~ determining wl~at is patently offensive.320 Thus, the Jenkins Court reemphasized that under Miller, oixly the most explicit, thoroughly hard-core materials that lack any redeeming value whatsoever warrant constitutional regulation.32~ As a result, only a fraction of the broad range of pornographic materials available to the public could be successfully attacked under obscenity law. Certain types of pornographic material showing acts of besti- ality,322 flagellation,323 sadomasochism and extreme violenceTM do not pose much of a problem for courts when determixxing whether the material is obscene. However, other types of sexually explicit material have benefited from the protection of the First Amendment, such as dial-a-porn messages,32s striptease acts,326 and crudely drawn depictions of women.327 Perhaps this gap is where the legal system fails to prevent secondary effects caused by 'adult businesses. Because obscenity etfforcement has never been sufficiently consistent to force pornography syndicates out of bUsiness or back underground, video dealers are misled into believing or at least acting as if they believe that hard-core adult business is legal. The 318. Jenkins v. Georgia, 418 U.S. 153, 160 (1974). 319. See id. at 155. 320. See id. at 160. 321. See itl. at 161. 322. 5e¢ United Slales v. Guillielmi, 819 F.2d 451,453-54 (.~!h Cir. 1987). 323. See. Ward v. Illinois° 431 U.S. 767, 771-72 (1977). Flagellation is delined as "a whipping ob flogging° especi,~ily . . . for sexual stimulation." WL:I~S'I'ER'S NEW WORLD CO~.I.~'-'.Gi.: DJ¢7~'ION^~¥ 512 (3d ed. 1996). 324. See United Slates v. $chultz, 97¢} F.2d 960 (Slh Cir. 1992). 325. See Sable Communications, l~c. v. FCC, 492 U.S. 115 (1989). 326. See Barnes v. Glen Theah'e, Inc.. 501 U.S. 560, 581 (Sourer, J.0 concurring); see also l~4iller v. Civil City of South Bend, 904 1:.2d '1(I,',11, 1094 (7ih (:ir. 1990). 327. See City ~f St. George v. Turner° 813 P.2d 1188, 1192 (Utah Ct. App. 1991), aj. Td, 826 P.2d 651 (Utah 1991). 428 1. LAND t. ISE & ENWFL. L. [Vol. 12:2 Meese Commission criticized both federal and local prosecutors for letting the problem get out of conh'ol and urged federal and local enforcement as the solution to the problem of hard-core pornography.328 If United States attorneys and state and local prosecutors bring strong cases under present laws, perhaps the entire hard-core adult industry will be shown as regularly engaging in the illegal traffick- ing of obscenity. In a nation-wide survey of law enforcement efforts after Miller, the st-udy concluded that obscenity laws have only a minhnal effect on the conduct of prosecutors and pornographers.329 More than half of the prosecutors surveyed said Miller has not affected the odds of conviction, 29% said Miller has helped the prosecution, and 17% reported it has helped defendants.33° The study found that the public had become more tolerant of pornographic material and concluded that this "liberalization of attitudes has in turn ixffluenced prosecutors to handle ox'dy cases involvfl'~g particularly hard core materials.'33~ The Supreme Court consistently and forcefully has recognized that the "crass commercial exploitation of sex" is a matter of grave concern and a legitimate target of state and federal criminal and civil laws and treaties.332 Following Miller, several scholars and state officials have suggested that federal and state legislatures adopt a per se definition of obscerdty which would address the problems encountered in applying Miller.333 For example, one legal commentator, Bruce Taylor, suggests the proposed statute or ordinance should state: "Hard-core pornography means any material or performance that explicitly depicts ultimate sexual acts, i.ncluding vaginal or anal intercourse, fellatio, cunnilfl~gus, 328. See MEi:.SE COMM'N REPORT, sttpra note 273, at 366-75. 329. See i'-[arold Leventhal, Project° Au Empirical htquiry into the Effects of Miller v. California on the Control oJ'Obsreuity, 52 N.Y.U.L. P~v. 810, 928 (1977). 33{}. See ut. at 900. 331. Itl. at 898. 332. Paris Adult Theatre i v. Slat{m, 413 U.S. 49, 63 (1973). 333. Bruce A. Taylor, Pornograld~y and the First Amendment, in CRIMINAL Jusnc£ R£FOI~M 156-57 (1983); see also William W. Milligan, Obscenity: Malum in Se or Only in Coutext? The Supreme Court's I.o,g Ordeal, 7 Ct\l'. U. L. REV. 631,643-45 (1978). " '" .... ;'~LILTENTERTAINMENT 429 Spring '1997] ZO, x.,\.~., ,.~ . analingus, and masturbation, where penetration, manipulation, or ejaculation of the genitals is cle;:rly visible.''334 This definition would limit live performances, films, and photo- graphs that depict such acts. Since Miller was fl~tended to limit the production of hard-core pornography, Taylor asserts that this per se definition of hard-core pornography will put the adult establishment owners, performers, pornographic filmmakers, pornographic photographers, nude models, and nude actors on notice regarding what constih.~tes illegal obscene material.33s Ultimately, if these persons are aware of the potential criminal and civil sanctions for producing or participating i.n the production of hard-core pornography, then the amount and substance of this material should decrease.336 A decrease in the production of hard- core pornography would lessen the supply and the associated secondary effects attributed to this ty. pe of material. For-example, a live sex show at an adult establishment would fall within the definition of hard-core pornography, thus losing its First Amendment protection.337 Without First Amendment protection, the state and federal obscenity statutes would apply to the material, its producers, and its performers. This per se rule would uniformly defflae obscene material under Miller and ultimately support the conviction of those adult business owners, filmmakers, and photographers that hire women (or men) to depict or perform sexual acts for the entertainment or arousal of patrons.33s Thus, objectively defflxing the scope of the Miller test would make owners more likely to temper the borderline hard-core sexual practices that they permit in their establishments because legal vagueness in the obscenity standard would be removed, making legal results more 334. Bruce A. Taylor, Hm'd-Core Por, ogrnphy: A Proposal for a Per Se Rub:, 21 U..MJOI. J. L. P,,I.:FORM 255, 272 (1987). For a discussion of alternative definitions of pornography, see James i..indgren, Defining Pornography, 141 U. PA. L. RI.:V. 1153 (1993). 335. See Taylor, supra note 334, at 278-79. 336. See id. a t 281. 337. See William A. Stann~e)'er, Obscene Evils v. Obscure Tntths: Some Notes on First Priuciph:s, 7 CAI'. U. L. REV. 647, 658-61 (1978). 331,;. See Taylor, s,epra note 33,1, at 281. 430 /. LAND t/SE & ENVTL. L. [Vol. 12:2 consistent.339 In tur~, this r.~.'sult would lessen secondary effects associated with adult entertainment establishments340 in a quite similar way as the alternative advocating the expansion of prostitution statutes.34t C. I.&qlich Soh. ltion is Best? The above solutions offer unique approaches to combating the secondary effects of adult establishments. Local restrictive zoning ordhaances target the location, concentration, and general operations of adult establishments. The expansion of prostitution statutes targets the owners, filmmakers, and photographers who arrange and encourage the exchange of sex for money at their establishments. The modification of Miller would target the actual and depicted sexual acts in photographs and pornographic films. To combat the secondary effects of the adult establislmaents, one of these solutions should not be chosen over any other. However, if these solutiol~ are utilized together, society will be armed with the proper ammunition to combat the adverse secondary effects of adult establishments. Shace each solution offers a different method of attack to combat adverse secondary effects, these solutions should be used in conjunction with one another. Therefore, this Comment advocates that: (1) local governments continue to use zoning ordinances to prevent the effects of secondary effects; (2) state legislatures and local governments enact prostitution statutes that hold all parties involved in the transaction criminally liable; and (3) judiciary entities either modify the application of Miller or establish a per se defh~ition of obscenity. V. CONCLUSION ... :::. '~¥.: '3: ."~:. .'i :. :.: 339. 5ce itt. at 278; see also P. Heath B,'ockwell, Note, Grappling with Miller v. California: The Search ]bt tm Alternative Approach to Regulating Obscenity, 24 CUMB. L. RI-:V. 131,136-37 (1993-94). The Miller tesl's vague sti~ndards are inherent flaws, as Miller has had little effect tm prosecutions of obscenity. 'i'he Miller test has I.~en inconsistently applied by law enforcemenl and jurors, yielding mixcd results across the country. See id.; see also $ervodidio, supra note 286, at 1235. 340. Set' Brockweil, supra n~te 339, at '141. 341. Spt.~ifically, both ailurnatives would aim to lessen prostitution and spread of HIV and AIDS. Spring 1997] ZONING Al ~ LILT ENTE. RTAIN^';ENT 431 ~l'he adult entertainment i~adustry.continues to expand and gain support, resulting in the continuflag presence of these businesses in our society and communities. Although many legal principles have been asserted to prevent these businesses from visibly operating in cities throughout the United States, most have failed to accomplish this goal. Supreme Court decisions have extended some First Amendment protection to these businesses and have also provided other measures that create difficulty for local governments in com- bating the adverse secondary effects attributed to these establish- ments. Zoning is a valid and useful method of ridding residential communities of these businesses and the secondary effects that are associated with them, but governmental authorities, judicial bodies, and concerned citizens need to combfl'~e flaeir efforts and resources to successfully win the war against these businesses.