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HomeMy WebLinkAbout1990-09-17 Regular MinutesPUBLIC HEARINGS Revisions to Adult Entertainment Ordinance TUKWILA CITY COUNCIL September 17, 1990 Tukwila City Hall 7:00 p.m. Council Chambers Regular Meeting MINUTES CALL TO ORDER Mayor VanDusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. ROLL CALL JOE DUFFLE; JOAN HERNANDEZ, Council President; DENNIS ROBERTSON; CLARENCE MORIWAKI; ALLAN EKBERG; STEVE LAWRENCE, JOHN RANTS. OFFICIALS MIKE KENYON, Office of the City Attorney; JOHN McFARLAND, City Administrator; ALAN DOER CHEL, Finance Director; ROSS EARNST, Public Works Director; JACK PACE, Senior Planner; RON WALDNER, Chief of Police. CITIZEN COMMENTS Wendy Morgan, Historical Society President, requested consideration in the 1991 budget for restoration of the Mess Cemetery. The project would include surveying the cemetery, and restoring the stones and fence. Cost to complete the project is estimated at $10,000. CONSENT AGENDA a. Approval of Minutes: September 4, 1990 b. Approval of Vouchers General Fund $146,965.30 City Street 131,546.23 Arterial Street 121,638.20 Land Acq., Building, Dev. 50,244.24 Water Fund 13,916.96 Sewer Fund 74,075.20 Water /Sewer Construction 165,875.07 Foster Golf Course 7,740.57 Surface Water (412) 23,653.98 Equipment Rental 7,207.55 Firemen's Pension 824.53 TOTAL $743,687.83 c. An ordinance adopting King County Development regulations for specific permit applications for Real Property commonly known as the Cascade View Annexation area, and authorizing King County to continue to review, approve, inspect and final those building permits, and declaring an emergency. d. A resolution rejecting all bids for Crystal Springs Park Phase II. e. Final Acceptance of Strander Blvd. Signals Project as completed by Totem Electric of Tacoma and authorize release of retainage in the amount of $7,926.35. f. Final Acceptance of 1989 Overlay Project as completed by Lakeside Industries and authorize release of retainage bond. g. Final Acceptance of Interurban Avenue (52nd to 139th) Project as completed by Gary Merlino Construction and authorize release of 90% of retainage. MOVED BY DUFFLE, SECONDED BY RANTS, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Council President Hernandez requested that Item 5c be removed and discussed under Old Business, Item 7d. *MOTION CARRIED. Mayor VanDusen opened the public hearing at 7:20 p.m. Jack Pace, Senior Planner, presented a color coded map indicating locations where adult establishments are not allowed and gave a brief overview of the recommended revisions in the ordinance. Recommended staff revisions are as follows: Minutes Regular Meeting September 17, 1990 Page 2 Public Hearing (con'tf 1) Revised stock -in -trade definition to read 30 percent rather than 10 percent; 2) proposed addition of the M -1 and CM zones to the M -2 zone; 3) established an avenue for administrative appeal for the conformance of non conforming adult uses; 4) Increase the distance from schools to 2,000 feet. Councilmember Lawrence commented that he felt the radius of the circles denoting the 1,000 and 2,000 foot locations on the map were inaccurate. Mr. Pace responded that he would check on the discrepancy. He added that CM zoning would allow approximately 1,300 additional acres for adult business, most of it in the southern portion of the City. Jack Burns, 500 108th Ave. NE, Suite #770, Bellevue. Mr. Burns is an attorney representing Little Darlings and Dandy's, both of which would be terminated for non conforming uses if the new ordinance is passed. Both businesses were recently annexed into the City. Mr. Burns stated it is his client's position that it is unfair for the City to depart from the long established standard of granting non conforming user status to existing businesses without there being some substantial showing of harm or detriment to the City that would result from their remaining in place. He added that there has been no significant law enforcement problems with either Dandy's or Little Darlings before or after annexation. Mr. Burns recalled that he appeared before Council some months ago with respect to an appeal by Dandy's from a license denial as a result of their annexation into the City. At that time the police chief testified that Dandy's had caused no significant law enforcement problems for the City either prior to or after the annexation. It's affect on the law enforcement resources of the City were the same, or perhaps even less, as similar kinds of businesses, such as adult bars or lounges or any other general kinds of people oriented businesses in the City. Mr. Burns maintains there is no significant law enforcement problems created by Dandy's. He feels the same can be said of Little Darlings. Mr. Burns recalled that when he spoke before the Planning Commission, the Chief of Police indicated that he could not identify any specific law enforcement problems that were emanating from those two kinds of businesses. Continuing, Mr. Burns stated that from a law enforcement standpoint and a secondary effect standpoint, he doesn't believe there is any justification for terminating these businesses or making a finding that these businesses pose any different kind of problem to the City than any other existing business or non conforming user business that would have been or has been annexed into the City. Two reasons for terminating these existing uses are found in the staff report. One is the increase in criminal activity. Mr. Burns does not believe this can be justified by the current record and the experience the City has with both businesses. The other reason is a decrease in property values. These businesses have been in existence for several years and there has been no decrease in property values in this area as demonstrated by the appraisal and land value records of the King County Assessors Office. The property values surrounding these locations have increased in the same proportion as property values in other areas. Mr. Burns added that he had learned from Mr. Pace that the City has not done any studies on the affects of adult businesses on land values. Without a study from the Planning Department it does not appear that there is a sufficient basis from which the Council can make a finding that there has been a decrease that would justify departing from the standard of granting a non conforming user status to existing businesses when there has been a zoning change. In conclusion, Mr. Burns urged Council grant a non conforming user status to Dandy's and Little Darlings. Chief of Police Ron Waldner commented that he did not recall making the statement that (paraphrasing) "no problems or associated problems of a police nature had occurred around businesses of these types" at the Planning Commission business meeting prior to the public hearing as suggested by Mr. Burns. A number of conversations have taken place regarding Dandy's which is an alcohol serving establishment controlled by the Washington State Liquor Control Minutes Regular Meeting September 17, 1990 Page 3 Public Hearing (con't'l Public Hearing Closed 7:40 p.m. OLD BUSINESS 1990 Mid -Year Budget Amendment Ordinance Board and their laws. In terms of calls to that location, it was an accurate statement. There have been no more or less calls associated with that liquor establishment than with any other liquor establishment in the community. That differs considerably from Little Darlings. Because this establishment is newly annexed, we have not had the opportunity to do any police investigatory work. Little Darlings is not a liquor establishment. The dancers are women who perform predominantly for a man audience. The dancing is totally nude on the stage; they also mingle with the customers, called table dancing, at which time they don the equivalent of a "G" string. Although the rules say there is to be no contact, there is probably some contact that occurs between performer and customer. There is considerable police intelligence about the female stripper /non alcoholic dance environment that has drawn the attention of law enforcement; however, because it is newly annexed, Chief Waldner noted that he could not speak specifically to Little Darlings. In conclusion, Chief Waldner clarified that there was not a general statement made about no policing problems. Secondly, these businesses are two different kinds of adult entertainment with different controlling environments. Colleen Anderson, resident, 12630 34th Ave. So., commented that in her opinion the businesses should be left where they are and regulated as they are. It would be too expensive for the City to move them. Councilmember Robertson commented that if the calculations of acreage were based upon the map presented this evening he would like to see it go back to staff to have the map and calculations checked for accuracy. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, TO MOVE THIS ISSUE TO THE NEXT REGULAR MEETING FOR ACTION AND HAVE CHECK THE MEASUREMENTS FOR ACCURACY. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Mayor VanDusen read An Ordinance of the City Council of the City of Tukwila, Washington, amending the 1990 budget adopted by Ordinance No. 1552, to transfer a portion of estimated ending fund balances and working capital from the General, Street, Foster Golf Course, and Surface Water funds; appropriate unanticipated revenues from the Cascade View annexation for sales tax, property tax, and Fire District 11 transfer; and appropriating expenditures for Cascade View annexation services and other mid -year adjustments and establishing an effective date. MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT THE ORDINANCE NO. 1579 BE ADOPTED AS READ.* Councilmembers discussed the issue at length. Lawrence commented that to ignore the professional advice given by the staff and proceed with the 19 positions gives the appearance that only the Council is moving forward and not the administration. Councilmember Rants agreed and suggested that the levels of service be established prior to filling all positions. Councilmember Robertson suggested that the positions were proposed due to several annexations, not just Cascade View. These positions are necessary to continue to provide the current level of service. Councilmember Moriwaki added that there are resources available for many programs, but no staff to implement them. He voiced his disappointment with incomplete projects. Agreeing with Councilmember Lawrence, Councilmember Duffle remarked that our first duty is to serve the public. Council President Hernandez voiced her appreciation of the cautious nature of the Mayor. She recommended that Council approve the positions and allow the Mayor the discretion to hire when he sees fit. Minutes Regular Meeting September 17, 1990 Page 4 Old Business (con't) 1991 Mid -Year Budget Amendment Ordinance Res. #1155 Adopting Adopting Annexation Policies Authorization to apply for 1991 Community Development Block Grant Funds in the Amount of $76,874 for Specific Projects and Services Interlocal Agreement with King County Cascade View Building Permits Councilmember Ekberg commented that in his opinion, the level of service to business and residences has declined. He is looking toward a continuation of the level of service and a higher emphasis on the quality of life for the City. ROLL CALL VOTE: DUFFIE NO ROBERTSON YES HERNANDEZ YES MORIWAKI YES EKBERG YES LAWRENCE NO RANTS YES *MOTION CARRIES 5 -2. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read A Resolution of the City Council of the City of Tukwila, Washington, adopting annexation policies for the City and repealing Resolution No. 992. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, THAT RESOLUTION NO. 1155 BE ADOPTED AS READ.* Councilman Robertson asked for clarification on the term "urban growth area Legislative Analyst Lucy Lauterbach explained that according to Plan 2929, it will be the area in which you designate you may be interested in annexing sometime in the future. Each city designates an urban growth area in the surrounding cities and county. Once you set the urban growth boundaries, you will be expected to annex those areas at some time. *MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, TO APPROVE THE GRANT AND AMEND THE MOTION TO INCLUDE THE MEMORANDUM STATED ON PAGE 85 OF THE AGENDA. THIS INCLUDES THE PROGRAMS THAT THE COMMUNITY AFFAIRS AND PARKS COMMTITEE SELECTED TO BE PUT INTO THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND PROGRAM. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read An Ordinance of the City of Tukwila, Washington, adopting King County development regulations for specific permit applications for real property commonly known as the Cascade View annexation area, and authorizing King County to continue to review, approve, inspect and final those building permits, and declaring an emergency. MOVED BY DUFFIE, SECONDED BY ROBERTSON, THAT ORDINANCE NO.1580 BE ADOPTED AS READ.* Councilman Robertson inquired about a change in the ordinance. It was explained that under the third "whereas" the date was changed from August 31 to September 1. *MOTION CARRIED. Minutes Regular Meeting September 17, 1990 Page 5 REPORTS Mayor VanDusen urged Council to become more involved in the Suburban Cities Association. Councilman Ekberg told of his experience of riding with one of the on- duty patrol officers last week. He recommended that others take advantage of the ride -along program. Councilman Rants reported that Suburban Cities is having difficulty getting representation on the southend. He explained that the "2 -2 -2" Committee is a time frame committee for the 21 person "7 -7 -7" committee which consists of King County Council, Seattle City Council, and Suburban Cities (seven representatives from each). These committee members will be drafting the ordinance that will go to the Legislature and come back to be voted on by the people. It is important that we have representation on the committee. ADJOURNMENT MOVED BY DUFFIE, SECONDED BY EKBERG, 8:28 p.m. THAT THE MEETING BE ADJOURNED. MOTION CARRIED. Gary L. Van Dusen, Mayor f ,Jane E. Cantu, City Clerk