Citizen opposes store that would sell adult material

Posted: Tuesday, March 22, 2005

One Brainerd resident is upset with a proposed retail store that would have some adult content moving into the city.

David Goedker attended Monday's Brainerd City Council meeting to voice his objection to Risky Business, a lingerie store proposed in the strip mall at Washington and North Fourth streets. The store also plans to sell a minimal amount of other adult items.

City Attorney Tom Fitzpatrick told Goedker and the city council that because the sale of adult items will make up less than 25 percent of the store's overall floor plan, it wouldn't fall under the city's adult use ordinance.

"The courts have looked at many sets of circumstances (and) the conclusion they come to is if the ratio of adult product to other product is less than the 25 percent threshold, studies can't document negative effects," Fitzpatrick said.

Goedker asked if there was a way to block such a business, and also wondered if city staffers would be inspecting the business to make sure it didn't exceed the 25 percent threshold.

"The whole idea of the business seems to be adult-related business," Goedker said. "The type of clientele they're attracting will be such that it'll be a negative influence."

In other action, the council:

Approved up to $250,000 from the capital projects fund for dehumidification, to fix the roof and to install insulation and a sprinkler system in the Brainerd Area Civic Center. The council also will ask Brainerd Amateur Hockey Association to pay for a share of dehumidification.

Approved paying $1,680 in fines from Occupational Safety and Health Administration.

Authorized a month leave of absence for Crime Prevention Specialist Elizabeth Harris because of a medical condition and to contribute $530 to her health insurance while she is on leave.

Authorized a year leave of absence for Brainerd Police Sgt. Terry Crocker.

Approved, by a 5-2 vote, deeding the city-owned building located on Burlington Northern Santa Fe Railroad land at Laurel and Southwest Fourth streets to Close Converse Commercial and Preferred Properties, which has a purchase agreement with BNSF to buy the land. Council members Bob Olson and Mary Koep voted against the motion.

Took a position that Crow Wing County Road 48 instead of Cypress Drive would be a preferred railroad crossing to Highway 210. Baxter, with assistance from Crow Wing County, recently commissioned a traffic study for the city of Baxter. Baxter has set a preferred crossing at Cypress Drive and Crow Wing County has been working on a railroad crossing at Crow Wing County Road 48. "This would benefit Northwest Fourth Street and Washington Street (intersection) better than anything else that is proposed," council member Lucy Nesheim said.

Approved $21,120 to fund LAKES Media Collaborative for public, education and government channel programming through the end of 2005.

MATT ERICKSON can be reached at matt.erickson@brainerddispatch.com or 855-5857.



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