Charles City, Iowa [Charles City Press]-The message from the audience at Monday night’s Charles City City Council meeting was loud and clear:

“We do not accept this! It is not acceptable to bring anything in that would harm our children,” stated Rev. Jean Clark, one of a number of community residents who spoke out at Monday’s public hearing regarding the proposed development agreement with Family Video, Inc.

It was announced by another resident at a previous council meeting that some Family Video locations include “adult rooms” within the store that carry adult videos for rent. In talking with the Mason City Family Video store, the resident was told that Family Video intends on having an adult room at its new store planned for the old Theisen’s building in Charles City.

Family Video has officially neither confirmed nor denied that it intends to have an adult room in Charles City.

The mere idea of such a room, however, has stirred up a beehive of opposition.

“I cannot believe that we would even think about bringing adult videos and pornography here, since we have the two-year-old murder of Evelyn Miller, which is porno-related,” remarked resident Terry Webb. “I want to see a clean and wholesome standard in our community.”

“I am just appalled that we would have a business come into this community under the auspices of “Family Video” that would work to destroy the town,” added Pastor Dennis Bachman. “I am extremely concerned about the prospect of having a business in town that would be selling or renting pornographic materials for several reasons.

“One reason is I think it’s just a step to see the morality of our community start to plummet. I believe if you look at other communities that allow similar things, you’ll see a trend that the crime rate is higher, juvenile incidents are higher and I just don’t think it’s a wise decision. I think we have a responsibility to keep our community as pure and as healthy as possible for the families.”

While council members and City officials have said they are not pleased with the prospect of having an adult video section in town, they also indicated they may not have a lot of authority to do anything about it.

“In my opinion, we’ve already made the commitment to Family Video in terms of our development agreement,” said City Attorney Ralph Smith. “These proceedings are simply to make the agreement in compliance with the urban renewal law in order to facilitate tax increment financing.”

The Council voted (4-1) on May 7 to provide an incentive tax increment financing (TIF) package that will pay $50,000 up-front upon completion of at least $350,000 in improvements to the building at 90 S. Main St. In addition, the package includes a pay-as-you-go TIF loan of $10,000 for 10 years, for a total incentive deal worth $150,000.

Chapter 15A of the Code of Iowa requires that, “before public funds are used for grants, loans, tax incentives or other financial assistance, a City Council must determine that a public purpose will reasonably be accomplished by the spending or use of those funds.” The council had earlier stated approval of this project is aimed at the rehabilitation and increased tax valuation of a blighted property that has sat vacant for several years at a critical location in regards to the downtown district.

Monday’s hearing was a formality required in order for the City to incur debt in an urban renewal district. In essence, it is a way to provide the funding incentives for a development agreement already approved by capitalizing on the increased property taxes from that property once it is improved.

Still, the hearing is designed for the public to provide input to the Council, and many in the audience of just over 20 people did just that.

Among the comments voiced Monday night were:

# Pastor Phil Corr, speaking only on behalf of himself, urging the council to “do the right thing” when it comes to community standards.

“In Miller vs. California, the Supreme Court found obscenity is not covered by the First Amendment. It talks about community standards and I trust you will consider that.”

# “Stay focused on Charles City — America’s Hometown. I don’t think the America’s Hometown theme would be very good having (adult) films in this town. I think we need to stay focused on the fact that Charles City is —?or should be — America’s Hometown,” remarked Pastor Ervin Linde. “Our priorities should be on keeping Charles City clean and beautiful and respectable.”

# “I have two kids at home and I do not want these kids even tempted by what might come to this town,” commented Melvin Baxter. “I feel that its just another step that this town has taken of temptation that should not be given to these kids.”

# “While we have much to gain from attracting new business to Charles City — and I can certainly appreciate that and support that — I don’t think there is anything to be gained or any positive aspect that can can come out of renting or selling adult videos,” said Pastor Dennis Niezwaag.

# “I love Charles City and the thing that bothers me about pornography coming in to this place is that if we use our tax money for this, it’s saying to our kids that it’s OK,” stated Karen Kahn. “If someone doesn’t protest this and stand up and say its wrong, our children will start to feel like its something that’s acceptable.”

“I think it’s very important that our community has a say in where our tax money is going,” added Pastor Rick Fessel. “Yes, we want to have businesses and take care of a problem, but by causing new problems, it’s not a way to solve the problem of an empty building.”

# “As a minister and spiritual advisor to many of its citizens, I am troubled at the proposal of tax dollars being used as an incentive to bring a business into Charles City, in our beautiful town, that advertises a reality that is not accepted by us. It’s not acceptable to us,” said the Rev. Jean Clark.

“In case we have so quickly forgotten the unsolved murder of Evelyn Miller, this is a suspect to the influence of pornography. Let’s be reminded tonight of her tragedy and her death. Do you seriously want to put the women and children of this community at risk? Do you want to spend more of the tax dollars funding police work and solving rapes, incest and murders?”

Clark added that it “is enough to beautify this city on the outside, but it is not enough if you leave the core of that city in moral decay and ruins.”

“We can not stop XXX?materials that people choose to have in their homes or on the Internet or on cable TV. But when it comes to mine and our tax dollars to promote such materials, we will not stay silent,” she continued. “I love this city and the people in it. That is why I have lived here for so long, and I will continue to pray and fight for the moral fiber of this city.”

Clark then presented Mayor Jim Erb with a stack of petitions against the City’s development deal with Family Video, signed, she said, by between 400-500 residents.

“If this ever comes up again, remember, we’ve just begun,” she told the council. “Evelyn, remember her? Remember, she’s one too many. I would also remind you this video store would be opened up within less than 1,000 feet from a church and a school.”

Resident Basil Law told the council members that he understood other communities throughout Iowa have zoning laws set up where they limit how close an adult book store or adult video store can be in relation to a church or school.

“I’m wondering, why can’t we have similar laws to keep it away from places like that,” he asked.

“They can not locate in that location if they are deemed an adult business,” replied Smith. “The definition of an adult business, as we have it in the zoning law, is a business that carries over 25 percent of its stock in trade in adult materials.”

He explained that an adult business can not locate in a commercial district or residential district in Charles City — only in an industrial zone. Businesses that meet that 25 percent rule, however, can be located within a commercial district in town

Smith added that the City’s zoning authority is “hedged in” by the federal courts.

“There was recent litigation in Sioux City that concerned trying to further restrict that 25 percent rule and the court ruled it illegal — that they could not restrict it in the manner they were proposing,” he reported. “The City is really quite restricted in what it can and can’t do under the zoning statute. The same rules would apply to any commercial district building in Charles City.”

Smith went on to say that the City “doesn’t have carte blanche authority to say that we’re not going to have adult businesses in Charles City. That right doesn’t exist under the Constitution. And the courts have defined this over and over again.” It was his suggestion that the public go to Family Video with their petitions.

“It is my understanding that Family Video has some stores that have adult videos available and some stores that don’t. I think that they’re the more appropriate party to really approach on this,” he remarked.

The city attorney also recommended that the council consider a revised resolution Monday night — one that says that the council will enter into a development agreement in the future — if and when Family Video has actually purchased the property in question.

“My understanding is that no purchase has been made as of this date and no one with the City has any knowledge that this is going to occur by the deadline of July 1,” he said. The City’s development agreement is contingent on Family Video owning the property by that date.

“In talking with the mayor earlier today, it seemed foolish to give final approval until we were certain that Family Video had purchased the property,” Smith continued. “I recommend that you defer final approval until such time as Family Video actually purchases the property. “

A motion was made to approve the revised resolution, which passed on a 4-1 vote, with councilman Dean Andrews against.

“I believe you all want to do what’s best for this community, just like I do,” Bachman told the council. “My question is, did you have knowledge when you agreed to enter into this agreement with them that there was a potential of them having an adult section in their video store?

“If you didn’t, then from my perspective, that’s deceptive on their part and so there are means for the council to get out of this agreement because they were not totally open and honest with you in the beginning.”

The council did not respond to Bachman’s inquiry, other than Arvin Tibbitts shaking his head no.