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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. Yelm City Council Minutes ab\cc\2002\minutes\03-27 -02 Page 1 of 6 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. Yelm City Council Minutes ab\cc\2002\minutes\03-27 -02 Page 2 of 6 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. Yelm City Council Minutes ab\cc\2002\minutes \03-27 -02 Page 3 of 6 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. Yelm City Council Minutes ab\cc\2002\minutes\03-27 -02 Page 4 of6 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. Yelm City Council Minutes ab\cc\2002\minutes\03-27 -02 Page 5 of 6 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 Yelm City Council Minutes ab\cc\2002\minutes\03-27 -02 Page 6 of 6