03-27-02 Minutes
OPENING
YELM CITY COUNICL
MINUTES
REGULAR MEETING
WEDNESDAY, MARCH 27,2002
1. Mayor Rivas called the meeting to order at 7:30 p.m.
Council present: Bob Isom, Ron Harding and Pat Fetterly.
Excused: Don Miller and John Thompson
2. Agenda Approval:
02-29 MOTION BY BOB ISOM, SECONDED BY PAT FETTERLY APPROVING
THE AGENDA AS PRESENTED. CARRIED.
Mayor Rivas introduced Representative Roger Bush from the Second District
for the House of Representatives. Mr. Bush thanked Council for the
opportunity to introduce himself as the new representative for the eastern
third of Thurston County. Representative Bush expressed his interest in
getting acquainted with issues facing this area.
3. Mayor Rivas asked for public comment. None
CONSENT CALENDAR
4.
5.
a.
b.
6.
02-30
Minutes: February 13, 2002 regular meeting.
Approval of Payments: Checks 16999-17069, Totaling $28,452.20
Claims vouchers: 17023-17069, Totaling $27,482.51
Manual checks: 16999-17020, Totaling $969.69
Payroll Approval: Preliminary February 2002
MOTION BY RON HARDING, SECONDED BY PAT FETTERLY
APPROVING CONSENT CALENDAR ITEMS AS PRESENTED. CARRIED.
NEW BUSINESS
7. PUBLIC HEARING (continued from 02-27-2002) on Adult Entertainment
Zoning and Licensing Ordinance No. 756 and Ordinance No. 757. Mayor
Rivas opened the Public Hearing at 7:35 p.m. announcing the date, time,
place, and purpose of the public hearing. No objections to participants were
voiced and Mayor Rivas called for staff report.
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Shelly Badger indicated Ordinance #756 and #757 would replace and repeal
Ordinance #736 and #737 with these amendments. The proposed
amendments add findings from the Cincinnati ordinance, change the term
"massage" parlor to "Adult Entertainment" parlor, add language from
Spokane's ordinance for licensing Adult Entertainment Business, including
hours of operation, standards of conduct for all employees and operators,
licensing of entertainers and managers, responsibilities of managers,
premise specifications, and tips and gratuities. Changes also require a
Special Use Permit process for all types of Adult Entertainment Businesses.
Additionally, the proposed amendments have been expanded to include all
public facilities as sensitive land use areas. The proposed permit process
requires that application to be considered by the Planning Commission
and/or Hearing Examiner.
PUBLIC COMMENT/QUESTIONS:
Brenda Silvius asked for clarification of the requirement for businesses to be
330 feet from sensitive areas and asked to be shown where on the map this
type of business could be located.
Shelly Badger reviewed the definition of sensitive land use indicating
examples on the map where Adult Entertainment businesses could consider
locating in Heavy Commercial and Industrial Zones. She also clarified that
the designation of the 330 feet is from property line to property line, not from
building to building.
Calvin Riley asked if this came about because a business was looking to
locate here.
Shelly Badger stated that no application has been made and that the City can
legally create an ordinance to regulate siting and operation but could not ban
Adult Businesses entirely.
Councilmembers expressed concern about the special limitations imposed on
these businesses being challenged on a legal basis.
Brent Dille indicated that the zoning limits, although specific, would still allow
siting of an Adult Entertainment Business as required by law.
Councilmember Is om questioned the following language in Ordinance 757;
Definition 1.1.1 includes Sauna bath and Turkish bath in the definition, this
might conflict with a spa or fitness center operation. Rewording was
proposed to clarify these uses.
Ordinance 756 changes include:
Definition 1.1.9 add independent contractor.
Definition 1.1.11 add the words sexually stimulating to the end of the
definition.
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Councilmember Isom also objected to Section 1.2 of Ordinance 756 in its
entirety as he believes it could prohibit legal businesses from locating and
operating due to unduly strict restrictions and requirements. He feels it opens
City up for a legal challenge based upon excessive restrictions.
Shelly Badger indicated that Adult Entertainment Business would be added
into the special use process along with schools, daycare and sports facilities
etc. The City is authorized to impose reasonable conditions, restrictions and
development requirements for special uses.
Peggi Reece asked why 330 feet is used instead of a greater distance.
Clarification was provided that the designation was from nearest property
lines not where buildings are located.
Brenda Silvius asked if (Adult) business owners could be required to carry
insurance for actions stemming from operation of this type of business.
She also questioned definition 1.1.2 "sexually stimulating touching by one
person to another" as actually being considered prostitution.
Brent Dille responded that other businesses are not required to show
insurance, and that this would be prohibitive because that type of insurance
is not available.
Councilmember Ron Harding added that the City can not override State law
and these are in the ordinance for definitions description.
Greg Roche asked for clarification on the amendments and when Council
would vote on the amendments.
Action would follow the Public Hearing.
Patsy Butler stated she came to meeting hoping that the City would ban this
type of business. She expressed her appreciation to the staff for their efforts
in restricting these businesses as they cannot be banned entirely.
Julie Gallagher as a business owner also expressed appreciation for the
lengths staff has gone to make the ordinances as tight as legally possible.
Jan Norris as a professional association representative and massage
therapist thanked Mayor Rivas, Council and Shelly Badger for working with
the licensed Massage Therapy Association in making the change from
massage parlor to Adult Entertainment Parlor.
Randy Henderson asked if background checks could be regulated in this
situation as is done with schools and government agencies.
Background checks are included in the licensing application.
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02 -31
02 -32
8.
02-33
9.
Councilman Is om expressed concern with the proposed non-refundable
deposit requirement for these businesses as a non-refundable deposit is not
required from other business. He asked what the deposit would cover
besides a background check?
Shelly Badger indicated deposit would cover staff time and materials and was'
determined by examples from other cities with existing ordinances.
Agnes Bennick added business license fees generally cover processing as a
means to reach taxation and raise revenue. In this case the fees would be
used to try to establish a feeling and idea of who the people are as this type
of business is prone to criminal activity. Brent Dille added the amount covers
other costs associated with this type of business including police calls.
Being no additional comment, Mayor Rivas closed the public hearing at
8:44 p.m.
MOTION BY BOB ISOM, SECONDED BY PAT FETTERLY ADOPTING
ORDINANCE # 756 ADULT ENTERTAINMENT BUSINESS ZONING
AMENDMENTS WITH PROPOSED CHANGES CARRIED.
MOTION BY RON HARDING, SECONDED BY PAT FETTERLY ADOPTING
ORDINANCE #757 ADULT ENTERTAINMENT BUSINESS LICENSING
AMENDMENTS WITH PROPOSED CHANGES. CARRIED.
ORDINANCE #758 - Mayor Pro Tem Appointment Process Clarification.
Guided by the new ordinance, election of a mayor pro tem will coincide with
the term of elected/reelected councilmembers i.e. following a regular election.
The term will be for a two-year period with the first such pro tem election to
run through December of 2003 Election of the pro tem to serve for the
remainder of 2002 and 2003 will be held at the next meeting of a full council.
MOTION BY BOB ISOM, SECONDED BY RON HARDING ADOPTING
ORDINANCE #758 MAYOR PRO-TEM APPOINTMENT PROCESS AND
SCHEDULE. CARRIED.
City of Yelm/Yelm Fire District Agreement Negotiation Update.
Mayor Rivas asked Shelly Badger to review staff report. Shelly provided
background updating Council on negotiation meetings during the 3 month
extension. A copy of the current contract that expires March 31 was provided
along with a draft agreement and a sample funding formula. The City
negotiating committee proposes an alternative funding based on per capita
charge rather than historic accessed valuation as this is a "people" service
verses property service. Recent limits imposed on property tax is another
consideration. Mayor Rivas added that the two sides are concentrating on
funding at this point in negotiations. Another three-month extension, as
previously approved by Council, will allow time to finalize the figures.
Consensus supported exploring a per capita based funding option as a
way to equalize funding.
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Bill Steele, Fire Chief was introduced and addressed the Council. He
reported that Medic One Planning Council is discussing how and where to
place and manage medic units in Thurston County. The units currently
operate under 4 different contractors with Yelm's service falling under Grand
Mound.
Steele reviewed proposed options discussed by the Medic One Council that
will go before Thurston County Commissioners April 2nd. Option proposed
included reducing the number of contractors to three, with the
Olympia/Lacey/Tumwater units managed by any of the three and allowing
movement and rotation of units from slower to busier locations to keep the
medics proficient.
A second alternative reduces paramedics in Yelm from 2 to 1 with an EMT in
a transport unit but allow availability of dual staff unit from another location to
assist without additional cost to system. This would be known as
LOT(Lacey/Olympia/Tumwater) ALS (Paramedics) Consortium with one
contractor as proposed by the three cities mentioned. Does not significantly
reduce service but allows for a more experienced staff response. The Yelm
would always have coverage.
REPORTS
10. Mayors Report - Attended Fire meetings.
11. Councilmembers MeetinQs/Activities
a. Councilmember Miller: (Excused)
Public Works - the written report was provided. Shelly Badger distributed a
selected portion of the Water Comp Plan in preparation of the Work Session
at the April 10 meeting. Full copies of the plan are available if Council is
interested.
b. Councilmember Thompson: (Excused)
City Hall - the written report was provided
Police Department - the written report was provided.
c. Councilmember Isom:
Court - a written report was provided.
Three park use requests were reviewed for the Yelm City Park: Birthday
Party, July 6th; Reunion, July 20th; Daffodil Valley 1 OK Walk, Sept. 14.
02-034 MOTION BY BOB ISOM, SECONDED BY PAT FETTERLY APPROVING
THREE PARK USE REQUESTS FOR THE YELM CITY PARK. CARRIED.
Consensus by Council to move Park Requests to Consent Calendar.
Other Meetings/Assignments. TRPC Pre-agenda was reviewed.
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d. Councilmember Harding:
Community Development Department - the Community Development
Department report was reviewed. Councilmember Harding relayed notice
from Cathie Carlson to bring forward the information and review on upcoming
Transportation workshop. Contact Cathie if interested in attending.
Intercity Transit - the Commission reviewed proposed boundary changes.
One includes Tenino, the other excludes it. He requested opinions to take
back to the Commission. There was no discussion.
SWAC - He attended a SWAC meeting where Vice Chair was appointed.
e. Councilmember Fetterly
Nisqually River Council-Councilmember Fetterly was unable to attend.
She asked Todd Stancil if "Do Not Block Intersection" signs could be posted
at intersections from Solberg to First Street on Yelm Ave. Todd indicated this
regulation is currently in RCW. Discussion found that no program is provided
at school that includes traffic safety. Possibly an idea for NVN article on
traffic awareness or traffic safety review prior to issue of parking permit at the
Yelm High School.
CORRESPONDENCE
Correspondence was provided. Agnes Bennick reminded Council of Annual
Spring Cleanup event at Yelm City Park, Saturday, April 13, 2002.
ADJOURN: 9:45 p.m.
Attest:
({f~ yJ0~M~L
Ag s P. Bennick, City Clerk
Minutes: Janine A. Schnepf, Deputy City Clerk
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