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HomeMy WebLinkAboutAdult Entertainment Businesses Moratoriuim (3/22/2010-4/25/2011) April 25, 2011 No, Renton City Council Minutes `"' Page 128 sprinkler system. $6,873 4. Stonegate Homeowners'Association-Project consists of Phase II of a small playground and installing a play structure, benches, picnic table, bike rack, and waste receptacles. $22,061 5. Sunset Neighborhood Association- Project consists of implementing a community garden, located on Calvary Baptist Church property at 1032 Edmonds Ave. NE,which would benefit the local residents. Excess produce would be donated to the local food bank. $12,799 6. Tiffany Park Homeowners'Association- Project consists of adding two picnic tables,trash receptacle and signage. Signs would give notice to visitors to pick up after their pets. $2,823 The above project grant applications total$48,172, leaving a balance of $29,765 for the 2011 mini-grant program. MOVED BY PALMER,SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES RESOLUTION#4090 A resolution was read adopting Findings-of-Fact in support of an ordinance CED:Adult Retail& amending the regulations regarding Adult Retail and Entertainment in the City Entertainment, Code of Renton. MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL ADOPT THE Amendment RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and advanced to second and final reading and adoption: CED: Adult Retail& An ordinance was read amending Section 4-3-010,Adult Retail and Entertainment, Code Entertainment Regulations, of Chapter 3, Environmental Regulations and Amendment (di/ Overlay Districts,of Title IV(Development Regulations), of City Code, amending oiL p the regulations regarding Adult Retail and Entertainment and declaring an 1►n emergency. MOVED BY CORMAN,SECONDED BY ZWICKER, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AND ADOPTION. CARRIED. ORDINANCE#5597 An ordinance was read amending Section 4-3-010,Adult Retail and CED:Adult Retail& Entertainment Regulations,of Chapter 3, Environmental Regulations and Entertainment,Code Overlay Districts,of Title IV(Development Regulations), of City Code, amending Amendment the regulations regarding Adult Retail and Entertainment and declaring an emergency. MOVED BY CORMAN,SECONDED BY PARKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. Community Services: An ordinance was read amending Chapter 31, Regulation of Conduct at Transit Expulsions&Criminal Trespass Center, of Title VI (Police Regulations),of City Code, by amending Subsection 6- at Transit Center, Code 31-3.A., adding a new Subsection 6-31-3.D., adding a new Section 6-31-6, Amendment entitled "Trespass in Transit Center Defined," renumbering the current Sections 6-31-6 and 6-31-7,adding a new Subsection 6-31-7.D.,to clarify the crime of trespass in the Transit Center and to expand the circumstances under which a person can be prosecuted for trespass in the Transit Center and declaring an emergency. MOVED BY CORMAN, SECONDED BY TAYLOR, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AND ADOPTION. CARRIED. April 25, 2011 Renton City Council Minutes '•.r Page 128 sprinkler system. $6,873 4. Stonegate Homeowners'Association-Project consists of Phase II of a small playground and installing a play structure, benches, picnic table, bike rack, and waste receptacles. $22,061 5. Sunset Neighborhood Association- Project consists of implementing a community garden, located on Calvary Baptist Church property at 1032 Edmonds Ave. NE,which would benefit the local residents. Excess produce would be donated to the local food bank. $12,799 6. Tiffany Park Homeowners'Association- Project consists of adding two picnic tables,trash receptacle and signage. Signs would give notice to visitors to pick up after their pets. $2,823 The above project grant applications total$48,172, leaving a balance of $29,765 for the 2011 mini-grant program. MOVED BY PALMER,SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES RESOLUTION#4090 A resolution was read adopting Findings-of-Fact in support of an ordinance CED:Adult Retail& amending the regulations regarding Adult Retail and Entertainment in the City Entertainment, Code of Renton. MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL ADOPT THE Amendment n,t ��id(j/ RESOLUTION AS READ. CARRIED. f �T The following ordinances were presented for first reading and advanced to second and final reading and adoption: CED:Adult Retail & An ordinance was read amending Section 4-3-010,Adult Retail and Entertainment, Code Entertainment Regulations,of Chapter 3, Environmental Regulations and Amendment Overlay Districts, of Title IV(Development Regulations), of City Code, amending the regulations regarding Adult Retail and Entertainment and declaring an emergency. MOVED BY CORMAN,SECONDED BY ZWICKER, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AND ADOPTION. CARRIED. ORDINANCE#5597 An ordinance was read amending Section 4-3-010,Adult Retail and CED: Adult Retail& Entertainment Regulations, of Chapter 3, Environmental Regulations and Entertainment, Code Overlay Districts, of Title IV(Development Regulations), of City Code, amending Amendment the regulations regarding Adult Retail and Entertainment and declaring an emergency. MOVED BY CORMAN,SECONDED BY PARKER,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. Community Services: An ordinance was read amending Chapter 31, Regulation of Conduct at Transit Expulsions&Criminal Trespass Center,of Title VI (Police Regulations),of City Code, by amending Subsection 6- at Transit Center, Code 31-3.A., adding a new Subsection 6-31-3.D., adding a new Section 6-31-6, Amendment entitled "Trespass in Transit Center Defined," renumbering the current Sections 6-31-6 and 6-31-7, adding a new Subsection 6-31-7.D.,to clarify the crime of trespass in the Transit Center and to expand the circumstances under which a person can be prosecuted for trespass in the Transit Center and declaring an emergency. MOVED BY CORMAN,SECONDED BY TAYLOR, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AND ADOPTION. CARRIED. i RENTON CITY COUNCIL Regular Meeting April 25, 2011 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TERRI BRIERE,Council President; RICH ZWICKER; GREG TAYLOR; RANDY COUNCILMEMBERS CORMAN; MARCIE PALMER; DON PERSSON; KING PARKER. CITY STAFF IN ATTENDANCE DENIS LAW, Mayor;JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Public Works Administrator;ALEX PIETSCH,Community and Economic Development Administrator;TERRY HIGASHIYAMA,Community Services Administrator;SUZANNE DALE ESTEY, Economic Development Director; ROCALE TIMMONS,Associate Planner; FIRE AND EMERGENCY SERVICES ADMINISTRATOR MARK PETERSON and DEPUTY CHIEF ERIK WALLGREN, Fire & Emergency Services Department; COMMANDER CLARK WILCOX, Police Department. SPECIAL PRESENTATION Fire and Emergency Services Administrator Mark Peterson recognized Jess Fire: Citizen Recognition Jaime for his quick actions that safeguarded residents and property from a kitchen fire that occurred at the Heritage Hills Apartments on 4/4/2011. Chief Peterson explained that Mr.Jaime crawled into an apartment and extinguished the fire which mitigated further property damage and saved lives. He presented Mr.Jaime a Certificate of Appreciation for his actions. Chief Peterson also recognized Fred Albert and Oral Staman for their quick actions that occurred at the Federal Aviation Administration building on 4/6/2011. He explained that Mr. Albert and Mr. Staman witnessed a co-worker in distress and administered Cardiopulmonary Resuscitation (CPR) until emergency responders arrived. Chief Peterson stated that the victim survived the cardiac arrest. He presented Mr. Staman a Certificate of Appreciation for his actions. PUBLIC HEARING This being the date set and proper notices having been posted and published in CED: Adult Retail & accordance with local and State laws, Mayor Law opened the public hearing to Entertainment Establishments, consider adopting City code amendments and a Findings-of-Fact resolution Code Amendment regarding Adult Retail and Entertainment establishments. Community and Economic Development Administrator Alex Pietsch reported �otdV that a moratorium on adult entertainment uses has been in place in the City for a number of months. He explained that the moratorium was established to allow City staff time to review recent case law to determine potential options regarding these types of uses. Mr. Pietsch introduced Associate Planner Rocale Timmons to present additional information on this topic. Ms.Timmons reported that City staff is requesting adoption of an ordinance amending adult entertainment regulations in order to create additional locational criteria for these establishments,and adoption of a Findings-of-Fact resolution prepared by the City Attorney's office supporting the ordinance. April 25,2011 Renton City Council Minutes Page 125 Ms.Timmons reported that current regulations prohibit adult retail and entertainment establishments within 1,000 feet of any residential use or zone, and 1,000 feet from schools, daycares, churches,or parks. She explained that these regulations are approximately 20 years old and are being revised to eliminate or mitigate adverse secondary effects caused by such establishments being concentrated in a single area. Ms.Timmons reported that the proposed locational criterion for adult retail and entertainment establishments includes: 1)the requirement to maintain at least 1,000 feet of separation from each other; 2) prohibits them from sharing the same street frontage; 3) limits these establishments along major transportation corridors; and 4) limits them in areas where school age uses are anticipated. Ms.Timmons displayed a map of the Employment Area Valley zone and described where adult retail and entertainment establishments could and could not be located. There being no public comment, it was MOVED BY ZWICKER,SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 128 for resolution and ordinance.) AUDIENCE COMMENT David Herron (King County)expressed concern about safety, parking,and traffic Citizen Comment: Herron- if the downtown library is relocated to the Transit Center area. He stated that Relocation of Downtown he does not believe the Farmers Market will draw patrons to the new location, Library and he requested that Council reconsider relocating the downtown library. Citizen Comment: Carlson- Christopher Carlson (King County), representing Renton Pools Community, Renton Pools Community stated that the organization was asked to lead efforts to close the$60,000 Fundraising Efforts funding gap in order to keep Renton area pools open. He reported that the group has successfully collected over$51,000. He stated that because of the popularity of the pools, and a rate increase recently approved by the Renton School District,the budget gap will close over time. Mr. Carlson remarked that the Hazen High School pool alone hosts nearly 50 swim meets a year that draws hundreds of people to Renton. Responding to Councilmember Palmer's inquiry, Mr. Carlson stated that the Bellevue Swim Club graciously donated $10,000 because they use the Hazen pool exclusively for their meets. Citizen Comment: Forister- Phyllis Forister(Renton) stated that she was informed by a King County Library Relocation of Downtown System (KCLS) Board member that the KCLS did not suggest that the downtown Library library be moved, and that the City is financially responsible if it is moved. She remarked that the only way the City can afford to construct new libraries is by issuing bonds, and the bonds should be voter-approved. Ms. Forister stated that if Renton issued bonds,taxpayers would be paying double the taxes for libraries because most are already paying property tax to KCLS. She urged Council and the Mayor to stop the pressure to relocate the downtown library. Citizen Comment:Tabak- Judy Tabak(Renton) remarked that she is amazed that anyone would declare Relocation of Downtown the current downtown library as too small,too old, or outdated. She stated Library that she is against relocating the library, and believes its current location over the Cedar River by Liberty Park is perfect. She urged Council and the Mayor to stop the relocation of the library. e. 4a (4-1)- 4-016401#4404 kgenda Item No.: q. CodLteAdigt ORENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: titz sit° v PLEASE PRINT 5 Minute Time Limit 1 5 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 2 6 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 3 7 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 4 8 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: (CONTINUED ON REVERSE SIDE) , tt (Continued from Reverse Side - Page 2: t,t,,IA „ „ , ni,.43 t. RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN ArPROPAIATE • 47 ..1v PLEASE PRINT 5 Minute Time'Llinif 9 13 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 10 14 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 11 15 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 12 16 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: • Request Adult Retail & Entertainment • Amend Title IV to supplement code section Resolution and Ordinance RMC 4-3-010,Adult Retail and Entertainment in order to create additional locational criteria. Public Hearing • Adopt a resolution, prepared by the City Attorney,in support of the proposed City Councilamendments. April 25,2011 "OiliF cnor, Background Proposed Locational Criteria • RMC 4-3-010.A prohibits Adult Retail and • Adult Retail and Entertainment establishments will: Entertainment within 1,000 feet of any residential • Maintain at least a 1,000 foot separation; zone,residential use,school,daycare,church or park; • Prohibited from sharing same street frontage of due to adverse secondary effects. any other Adult Retail and Entertainment • Current regulations were instituted 20+years ago. establishment; • Proposed revision seeks to eliminate(or mitigate) • Limited along major transportation corridors; and adverse secondary effects caused by concentration of these establishments in a single area. • Limited where school age uses are anticipated. 7 IA R:NTO\ l` Ii ENTON \�:" Permissible Area Next Steps • Consider public testimony tonight 7 �. "` • Adopt resolution containing findings of fact ' a ' f) 1`. •... � - in support of proposed amendments --� :- T: I 1111" , immediately following the public hearing } .� t . • Move to suspend the rules, have first i e ,' reading and advance to second reading to , .... . - . 6" adopt on an emergency basis the proposed e y r )* � ti Adult Entertainment&Retail ordinance ' . �, a �,-VS 4 immediately following the public hearing. Request Adult Retail & Entertainment • Amend Title IV to supplement code section Resolution and Ordinance RMC 4-3-010,Adult Retail and Entertainment in order to create additional locational criteria. Public Hearing • Adopt a resolution,prepared by the City Attorney,in support of the proposed amendments. City Council April 25,2011 City of is,---- - 3 Background Proposed Locational Criteria • RMC 4-3-010.A prohibits Adult Retail and • Adult Retail and Entertainment establishments will: Entertainment within 1,000 feet of any residential • Maintain at least a 1,000 foot separation; zone,residential use,school,daycare,church or park; • Prohibited from sharing same street frontage of due to adverse secondary effects. any other Adult Retail and Entertainment • Current regulations were instituted 20+years ago. establishment; • Proposed revision seeks to eliminate(or mitigate) • Limited along major transportation corridors;and adverse secondary effects caused by concentration of these establishments in a single area. • Limited where school age uses are anticipated. l ' — . R'"NTCi\ .Q-✓j' IMF"!-r{??l ` �a Permissible Area Next Steps _ �; • Consider public testimony tonight • Adopt resolution containing findings of fact t t ? � �1in support of proposed amendments _ ` ;. 1` R 1b. 12 -i immediately following the public hearing • ratiik • Move to suspend the rules,have first gnt ,. reading and advance to second reading to .1i _ tE ) ,, adopt on an emergency basis the proposed °` -�, ...E ® . tD Adult Entertainment&Retail ordinance ', immediately following the public hearing. -•-- _ r f • . is 3 c,. Y r City of Renton PUBLIC INFORMATION HANDOUT April25, 2011 Amendments to the Adult Entertainment & Retail Regulations For additional information, please contact: Rocale Timmons,Associate Planner; City of Renton Planning Division; (425)430-7219 ISSUE: The City of Renton Planning Division made this docket item request. It proposes to amend Title IV to supplement code section RMC 4-3-010, Adult Retail and Entertainment, with additional locational criteria. The current regulations were instituted over 20 years ago and after reviewing the new and old court decisions, adult entertainment studies, and the recognized adverse secondary effects of sexually- oriented businesses(SOBs)the City needs to update its Adult Retail and Entertainment ordinance. Currently RMC 4-3-010.A prohibits Adult Retail and Entertainment within 1,000 feet of any residential zone, residential use, school, daycare, church or park. There is an exception for those parcels located within the Employment Area Valley (EAV) land use designation that are south of 1-405, which could possibly create a concentration of these establishments within this area. The proposed amendment primarily seeks to provide separation between Adult Retail and Entertainment establishments in order to eliminate or at least mitigate the compounded adverse secondary effects caused by the concentration of SOBs in a single area. Specifically,Adult Retail and Entertainment establishments: • Would be required to maintain at least a 1,000 foot separation. • Would not be able to share the same street frontage of any other Adult Retail and Entertainment establishment. • Limited along major transportation corridors. • Limited where school age uses are anticipated. A resolution containing findings of fact has been drafted, by the City Attorney, in support of the proposed amendments. RECOMMENDATION: The City Council will hear public testimony regarding amendments to the Adult Entertainment & Retail Regulations. The Community & Economic Development Department recommends the City Council adopt the resolution containing findings of fact in support of proposed amendments and move to suspend the rules, have first reading and advance to second reading to adopt on an emergency basis the proposed Adult Entertainment&Retail ordinance immediately following the public hearing. conr, }_ re City of Renton PUBLIC INFORMATION HANDOUT April 25, 2011 Amendments to the Adult Entertainment & Retail Regulations For additional information, please contact: Rocale Timmons,Associate Planner; City of Renton Planning Division; (425)430-7219 ISSUE: The City of Renton Planning Division made this docket item request. It proposes to amend Title IV to supplement code section RMC 4-3-010, Adult Retail and Entertainment, with additional locational criteria. The current regulations were instituted over 20 years ago and after reviewing the new and old court decisions, adult entertainment studies, and the recognized adverse secondary effects of sexually- oriented businesses(SOBs)the City needs to update its Adult Retail and Entertainment ordinance. Currently RMC 4-3-010.A prohibits Adult Retail and Entertainment within 1,000 feet of any residential zone, residential use, school, daycare, church or park. There is an exception for those parcels located within the Employment Area Valley (EAV) land use designation that are south of 1-405, which could possibly create a concentration of these establishments within this area. The proposed amendment primarily seeks to provide separation between Adult Retail and Entertainment establishments in order to eliminate or at least mitigate the compounded adverse secondary effects caused by the concentration of SOBs in a single area. Specifically,Adult Retail and Entertainment establishments: • Would be required to maintain at least a 1,000 foot separation. • Would not be able to share the same street frontage of any other Adult Retail and Entertainment establishment. • Limited along major transportation corridors. • Limited where school age uses are anticipated. A resolution containing findings of fact has been drafted, by the City Attorney, in support of the proposed amendments. RECOMMENDATION: The City Council will hear public testimony regarding amendments to the Adult Entertainment & Retail Regulations. The Community & Economic Development Department recommends the City Council adopt the resolution containing findings of fact in support of proposed amendments and move to suspend the rules, have first reading and advance to second reading to adopt on an emergency basis the proposed Adult Entertainment& Retail ordinance immediately following the public hearing. CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 25th day of April, 2011, at 7:00 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98057,to consider the following: Adoption of an ordinance amending the Adult Retail Entertainment regulations and adoption of a Finding-of-Fact resolution in support of the ordinance. All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Written comments received at the City Clerk Office prior to the hearing will be made a part of the hearing record. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. Bonnie I. Walton City Clerk Published: Renton Reporter April 15, 2011 Account No. 50640 April 11, 2011 '"" Renton City Council Minutes Page 109 Attorney: Expulsions& City Attorney Department recommended approval of a City Code amendment Criminal Trespass at Transit regarding expulsions and criminal trespass at the Transit Center. Refer to Center,Code Amendment Public Safety Committee. CED:Clean Economy Strategy Community and Economic Development Department recommended approval of the"Creating a Clean Economy in Renton" strategy; and authorization to pursue the proposed recommendations as budget and resources allow. Refer to Committee of the Whole. CED:Adult Retail& Community and Economic Development Department recommended setting a Entertainment Establishments, public hearing on 4/25/2011 to consider City Code amendments regarding Code Amendment ®® location requirements for adult retail and entertainment establishments. t4 Vi IC, Council concur; set public hearing on 4/25/2011. Finance: Permits Software, Finance and Information Technology Department recommended approval of a EnerGov Solutions contract in the amount of$637,451 with EnerGov Solutions for the purchase of a permits software system to replace Permits Plus. Refer to Finance Committee. Transportation: Property Transportation Systems Division requested authorization to set 5/2/2011 as the Condemnations, Rainier Ave date for first and second reading and adoption of an ordinance condemning Improvements Project certain properties on Rainier Ave. S., between S. Grady Way and 200 feet north of S. 2nd St., required as part of the Rainier Ave. Improvements project. Refer to Transportation (Aviation) Committee. Utility:Automated Water Utility Systems Division recommended approval of a contract in the amount of Meter Reading System, United $2,388,861.08 with United Pipe and Supply, Inc.to provide all system Pipe &Supply components for an Automated Water Meter Reading System and related services. Refer to Utilities Committee. Utility: Partial Requirements Utility Systems Division recommended approval of a partial requirements 50- 50-Year Water Supply, Seattle year water supply contract with Seattle Public Utilities, with an initial cost of Public Utilities $49,000,to provide long-term water to meet future demand. Refer to Utilities Committee. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Corman presented a report stating Committee that the Committee discussed adding additional capacity along S. 7th St./Talbot Transportation: S 7th St Rd.S. between Rainier Ave.S. and Grady Way. A traffic signal at S. 7th St. and Improvements Project Traffic Shattuck Ave. is warranted based upon future traffic volumes and the need to Analysis Update allow buses to turn left out of the S. Renton Park& Ride. Several options for the intersection of S.7th St. and Talbot Rd.S.are still being explored. The project is currently unfunded and staff is still evaluating various alternatives to meet future traffic needs. The Committee recommended no further action at this time. MOVED BY CORMAN,SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CITY OF RENTON COUNCIL AGENDA BILL 5. Subject/Title: Meeting: Adult Retail and Entertainment Regular Council - 11 Apr 2011 Exhibits: Submitting Data: Dept/Div/Board: • Draft Ordinance Community and Economic Development ▪ Draft Resolution - Findings of Fact Staff Contact: Rocale Timmons x7219 Recommended Action: Council concur to set a Public Hearing for April 25, 2011 Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $ 0 Amount Budgeted: $ 0 Revenue Generated: $ 0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: Amend Title IV to supplement code section RMC 4-3-010, Adult Retail and Entertainment, with additional locational criteria. The current regulations were instituted over 20 years ago and since that time additional case law has been instituted creating the need for the City to re-evaluate its Adult Retail Entertainment ordinance. Currently RMC 4-3-010.A prohibits Adult Retail and Entertainment within 1,000 feet of any residential zone, residential use, school daycare, church,or park; due to recognized secondary effects. There is an exception for those parcels located within the Employment Area Valley (EAV) land use designation, which could possibly create a concentration of these establishments within this area. The proposed amendment primarily seeks to provide separation between Adult Retail and Entertainment establishments in order to address compounded adverse secondary effects caused by the concentration of these establishments in a single area. Specifically Adult Retail and Entertainment establishments: • Would be required to maintain at least a 1,000 foot separation; • Would not be able to share the same street frontage of any other Adult Retail and Entertainment establishment; • Limited along major transportation corridors; and • Limited where school age uses are anticipated. A resolution containing findings of fact has been drafted, by the City Attorney, in support of the proposed amendments. STAFF RECOMMENDATION: Set a public hearing for April 25, 2011 in order to consider the adoption of an ordinance amending the Adult Retail Entertainment regulations and the adoption of a Findings of Fact resolution in support of the ordinance. • CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-3-010, ADULT RETAIL AND ENTERTAINMENT REGULATIONS, OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, OF TITLE IV, (DEVELOPMENT REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO AMEND THE REGULATIONS REGARDING ADULT RETAIL AND ENTERTAINMENT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-3-010A, Prohibited in Certain Areas, of Chapter 3, Environmental Regulations and Over i c ,E of rifle IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. PROHIBITED IN CERTAIN AREAS: Adult motion picture theaters, peep shows, panorams, adult retail uses, and places of adult entertainment are prohibited: 1. Within one thousand feet (1,000') of any residential zone (RC, R 1, R 4, R 8, R 10, RM, COR or RMH) or any single family or multiple family residential user and 2. Within one thousand feet (1,000') of any public or private elementary or secondary school-; and 3. Within one thousand feet (1,000') of any family day care, day care center for children, nursery, or preschool.-; and 4. Within one thousand feet (1,000') of any church or other facility or institution used primarily for religious purposes.-; and 1 r.r ORDINANCE NO. 5. Within one thousand feet (1,000') of any public park with the exclusion of public parks which solely consist of a public trail er-P-1e. EXCEPT: Adult retail uses and adult entertainment businesses, as defined (EAV) land use designation of the comprehensive plan and south of 1405, and arc not subject to the distance requirements set out herein. SECTION II. Section 4-3-010, Adult Retail and Entertainment Regulations, of Chapter 3, Environmental Regulations and OvD 'stctritle IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new subsection B, entitled "Exceptions", to read as shown below. The remaining subsections B-E shall be re-lettered accordingly. B. EXCEPTIONS: Adult retail uses and adult entertainment businesses, as defined herein, shall be permitted provided the following locational criteria can be met: 1. Located within those zones of the Employment Area Valley (EAV) land use designation: 2. Located south of SW 16th Street; 3. Not located within one thousand feet (1,000') of any established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertainment: and 4. Not located on a parcel that shares the same street frontage of any established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertainment; and 2 ORDINANCE NO. a. Parcels located along or taking primary access from the same street without a bisecting primary arterial shall be considered to share the same street frontage. b. Parcels located within five hundred feet (500') of a street intersection shall be considered to have street frontage along both intersecting streets. 5. Not located between SW 43rd and SW 41st Streets; and 6. Not located within one thousand feet (1,000') of the Boeing "Longacres" property. DRAFT SECTION III. Subsection 4-3-010B, Measurement Procedure, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby re-lettered as indicated in Section II of this ordinance, and amended as follows: BC. MEASUREMENT PROCEDURE: The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property, street or the land use district boundary line from which the proposed land use is to be separated. SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2011. 3 ORDINANCE NO. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney DRAFT Date of Publication: 4 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING FINDINGS OF FACT IN SUPPORT OF AN ORDINANCE AMENDING THE REGULATIONS REGARDING ADULT RETAIL AND ENTERTAINMENT IN THE CITY OF RENTON. I. OBJECTIVES WHEREAS, the City of Renton (hereinafter "the City") and its representatives are committed to protecting the general welfare, public health, safety, peace, property values, reputation and tranquility of Renton, itsresidents, a'nd-its-guests, through the promulgation and a enforcement of laws regulating a sexually-oriented business (hereinafter "SOB"), obscenity, public indecency, and criminal and sexual offenses while not impermissibly encroaching on freedom of speech under the federal and state constitutions; and WHEREAS, the City reasonably believes that the regulation of SOBs is necessary because in the absence of regulations, significant criminal activity has historically and regularly occurred locally, statewide, nationally and internationally. A small part of this history is identified in the court decisions, articles, reports and studies noted throughout this resolution and as listed in the appendices.This history of criminal activity in, around and/or near SOBs has included, but is not limited to, rapes, assaults, sexual assaults, prostitution, serving alcohol to minors, physical and sexual contact between patrons and between entertainers and patrons, public indecency, narcotics and liquor law violations, harassment and stalking, breaches of the peace, disorderly conduct, organized crime, and the presence within the SOB industry of individuals with hidden ownership interests and outstanding arrest warrants; and WHEREAS, the City reasonably believes that the activities described above occur, in the absence of regulation or with insufficient regulation, regardless of whether the SOBs sell 1 RESOLUTION NO. alcoholic beverages; and WHEREAS, due to the information noted and/or referred to in the materials in the appendices regarding the connection of prostitution with adult entertainment businesses, criminal conduct and sexual conduct involving entertainers and patrons, there is a public health concern over sexually-transmitted diseases, entertainer safety, criminal enterprises and other undesirable negative secondary effects of SOBs. These concerns require regulation of SOBs in order to protect the health, safety and well-being of the City, its neighborhoods, the public and the entertainers; and STY WHEREAS,the United States Supreme Court in City of Renton v. Playtime Theatres, Inc., has recognized that a municipality's "interest in preserving the quality of urban life is one that must be accorded high respect"; and WHEREAS, the Supreme Court in City of Renton v. Playtime Theatres, Inc., also explained that the First Amendment did not require the City or any other municipality to conduct new studies or produce evidence independent of that already generated in other cities as long as the city reasonably believes that the studies and/or evidence that it relies on is relevant to the problem being addressed; and WHEREAS, consistent with City of Renton v. Playtime Theatres, Inc., the Barnes v. Glen Theatre, Inc., decision and other court decisions,the City has reviewed and relies on a variety of Washington state and the federal court decisions, various Washington state, national and international SOB studies, and the studies that those studies relied on, concerning SOBs; and WHEREAS, the City has both utilized and submitted a number of studies and reports to the Secondary Effects resource website (secondaryeffectsresearch.com). Some of the materials 2 RESOLUTION NO. that the City has reviewed were graciously shared by the City of Bothell and other materials were simply found on the Internet or requested from specific jurisdictions; and WHEREAS, some of the studies and court decisions, including but not limited to United States v. O'Brien, City of Renton v. Playtime Theatres, Inc., and O'Day v. King County, establish that municipalities may promulgate and enforce special regulatory treatment that relate to "time, place and manner" regulations as long as the municipality can demonstrate that it has a substantial governmental interest in regulating SOBs and the regulations permit reasonable alternative means of communication; tr.,tr., RAFI WHEREAS, the City, in an effort to comply with or meet the "content neutral" time, place and manner test of United States v. O'Brien, attempts to 1) regulate in a manner consistent with the power of the government; 2) further an important or significant governmental interest; and 3) ensure that interest is unrelated to suppressing speech; and 4) ensure that any incidental restrictions on speech are no greater than required to further that interest. Therefore, as noted below, there are sufficient important and substantial government interests to provide a constitutional basis for reasonable time, place, and manner regulations under which SOBs can operate; and WHEREAS, the City, attempts to comply with or meet the ordinance validity test of City of Renton v. Playtime Theatres, Inc., 1) by not banning SOBs altogether, but rather limiting their distance from other SOBs and sensitive places; 2) by not focusing on the alleged message of the SOB performances or conduct, but rather focusing on and addressing the negative secondary effects of SOBs; and 3) by designing the ordinance to serve a plethora of substantial governmental interests, including but not limited to reducing crime, protecting the patrons, the entertainers, families, and minors, and maintaining property values; and 3 RESOLUTION NO. WHEREAS,the City seeks to overcome the "shoddy data or reasoning"test of City of Los Angeles v. Alameda Books, by acknowledging preliminarily the bases for the City's ordinance and by relying on the court decisions, the referenced studies in those court decisions and the court decisions, specific studies, reports and articles noted in the Appendices; and WHEREAS,the New York State Court of Appeals, the highest court in New York State, in For the People's Theater v. City of New York found that "Alameda Books confirms that the reasonable discretion accorded most local legislative actions extends to adult use zoning. A local government implementing zonir AcIt businesses must have a legislative record that establishes a substantial governmental interest in the subject matter of the regulation to justify restrictions on protected speech; however, the local government retains discretion to make its findings from studies or other supportive information before it, and to draw reasonable conclusions about which regulatory techniques will be most beneficial in addressing the findings." WHEREAS, the City in this resolution considers the experiences, studies and conclusions of various Washington state municipalities of the specific adverse impacts of SOBs including nude and seminude dancing, as permitted by the United States and the Washington State Supreme Courts, as well as the experiences, studies and conclusions of various cities and/or towns throughout the United States; and WHEREAS,the decisions in Paris Adult Theatre I v. Slaton, Barnes v. Glen Theatre, Inc., and Seattle v. Marshall, as well as other court decisions, state that governmental bodies have a right to enact laws to maintain a decent society; and WHEREAS, as stated in Center for Fair Public Policy v. Maricopa County, and other court decisions, it is axiomatic that a community's interest in curbing negative secondary effects 4 RESOLUTION NO. associated with SOBs is substantial; and that anecdotal evidence and reported experience can be as telling as statistical data and can serve as a legitimate basis for finding negative secondary effects; and WHEREAS, the Washington State Supreme Court stated in Seattle v. Buchanan that courts lack the constitutional authority to decide the wisdom and necessity of an ordinance; the Court cited the United States Supreme Court in Goesaert v. Cleary, to note that "[t]he Constitution does not require legislatures to reflect sociological insight, or shifting social standards, any more than it requires i "0 I e -ast of the latest scientific standards"; and other cases support Seattle v. Buchanan including but not limited to City of Los Angeles v. Alameda Books, G.M. Enterprises, Inc. v. Town of St.Joseph, WI, and Imaginary Images, Inc. v. Evans; and WHEREAS, this resolution in intended to be reliable evidence for the City Council identifying the adverse or negative secondary impacts of SOBs providing adult entertainment undertaken by the City prior to its adoption of an ordinance regulating the location of SOBs; such evidence resulted in findings of fact adopted by the City Council and approved by the United States Supreme Court in City of Renton v. Playtime Theatres; and WHEREAS, the City seeks to regulate only the negative secondary effects of SOBs, and does not intend to regulate the content of the entertainment, unless that content is obscene consistent with court decisions including but not limited to 44 Liquormart v. Rhode Island; and WHEREAS, for purposes of any future ordinances regulating SOBs, they are hereby defined as: 1. Adult media, arcades, theaters and video stores; 2. So-called gentleman's club/strip clubs, adult cabarets; 5 RESOLUTION NO. 3. Video peep booth business, or adult entertainment establishments; and/or 4. Any other business or sexual encounter establishment that features persons appearing in a state of nudity or live performances or photographic reproductions depicting or describing "specified sexual activities or specified anatomical areas;" and III. CRIMINAL CONDUCT AND/OR CONTACT WHEREAS, the City reasonably believes, based on its experiences with criminal sexual activity in or around SOBs, including rai allge '"` s" and "massage parlors", the court decisions, studies, and articles listed in the appendices, and by browsing internet blogs, that improper and illegal contact occurs in SOBs purporting to be engaged in a lawful business enterprise; and WHEREAS, the City, like King County in O'Day v. King County, Indiana in Barnes v. Glen Theatre, Pennsylvania in City of Erie v. Pap's A.M.,SOB, Inc. v. County of Benton, World Wide Video of Washington, Inc. v. City of Spokane, and legions of cities and counties throughout the United States, has a legitimate interest in preventing contact between nude entertainers and patrons thereby preventing otherwise-possible illegal public sexual contact and from the other types of criminal activity historically linked to the SOBs, thereby regulating conduct not expression; and WHEREAS, in Barnes v. Glen Theatre, a plurality found that an Indiana statute that prevented nudity was justified under Indiana law and the United States Constitution by the state's traditional interest in regulating conduct to promote order and morality; and WHEREAS, in City of Erie v. Pap's A.M., the Court found that the ordinance regulated negative secondary effects, that any impact on erotic "speech" was de minimis, and the court 6 RESOLUTION NO. refused to second-guess the motive for the legislation; and WHEREAS, in SOB, Inc. v. County of Benton, the Eighth Circuit surmised that live nude dancing restrictions may address negative secondary effects, such as drug use, prostitution, tax evasion, and fraud. A. Criminal conduct to be eliminated or mitigated. WHEREAS, by browsing recent Internet blogs the City has learned that public and openly discussed sexual and criminal occurrences in the Seattle metropolitan area SOBs occur: One SOB patron state ° . (( h ,this place had possibility: the owner has apparently proven he doesn't grasp the basics of a strip club ecology. So unless I start hearing that all my old Rick's (referring to a now-closed strip club) favorites still under the age of 35 are sucking and fucking in the VIP with wild abandon at cut-rate prices, I'll not be going back"; Another SOB patron stated "[a]nd apparently when I told my story of how I first got started at Rick's with Candy Cotton bursting my strip club VIP cherry way back when, she shocked me by saying CC was still working in the area"; Another SOB patron boasted that "within 2 minutes of walking in I was having sex with a stunner named Candy in the VIP lounge. $115 was the damage. It doesn't get that easy even in Thailand"; Finally, another SOB patron explained that his tour of a SOB revealed that there was "$20 'VIP' couches with they're [sic] own little stages so the girls can either get naked for you personally or come grind on you on the couch" and "it was hinted that things would get more raunchy with better tips"; and WHEREAS, in O'Day v. King County, entertainers were charged with crimes for exposing 7 Nor RESOLUTION NO. their breasts below the areola, exposing public hair, rubbing breasts or buttocks or touching the genital area of customers and simulating acts of sex; the state supreme court noted that while nude dancer communication and expression are constitutionally protected, public nudity is not; obscenity is measured against community standards; the stage distance requirement served the lawful purpose of preventing potentially sexual contact between entertainers and patrons; and that "license requirements and sanctions have not been shown to infringe on any fundamental interest for the purpose of equal protection analysis"; and WHEREAS, in World Wide Vidgaairl b, Inc. v. City of Spokane, Spokane had relied on citizen testimony linking off-site businesses with pornographic litter and public lewdness, and this evidence, standing alone, was sufficient to meet the "very little" evidence standard of Alameda Books; and WHEREAS,A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver noted that in addition to traffic, noise, and littering, residents complained that they saw people urinating, masturbating, and soliciting for prostitution in areas adjacent to SOBs; the most frequent crimes reported included disturbing the peace, public indecency, prostitution, drug-related violations, loitering, robbery, larceny, theft from motor vehicles, and public drinking or urinating; and WHEREAS, a vivid and graphic example of the type of activity sought to be prohibited was noted in California v. LaRue. In LaRue, the record contained evidence that "in licensed establishments where 'topless' and 'bottomless' dancers, nude entertainers, and films displaying sexual acts were shown, numerous incidents of legitimate concern to the Department had occurred. Customers were found engaging in oral copulation with women entertainers; customers engaged in public masturbation; and customers placed rolled currency 8 41110 Noe RESOLUTION NO. either directly into the vagina of a female entertainer, or on the bar in order that she might pick it up herself. Numerous other forms of contact between the mouths of male customers and the vaginal areas of female performers were reported to have occurred. Prostitution occurred in and around such licensed premises, and involved some of the female dancers. Indecent exposure to young girls, attempted rape, rape itself, and assaults on police officers took place on or immediately adjacent to such premises"; and WHEREAS, as illustrated in the 2002 Survey. Findings and Recommendations of Sexually Oriented Businesses.ToledollOhiDorte ENISFrs were wrapping their breasts around IA F the faces of tipping patrons and picking up tips from tippers' laps with their lips, and to prevent or eliminate the need for patrons to make physical contact with the entertainers as illustrated in various studies including the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses study, any tips that the patron would like to leave for an entertainer must be placed in a container and not on or in the entertainer or his/her clothing, strings, orifice, hand or anything connected to the entertainer; and WHEREAS, in Daytona Grand, Inc. v. City of Daytona Beach, Florida the record contains statements that during an inspection, entertainers performed lap dances that simulated intercourse placing their buttocks in the lap of the patrons and began to manipulate their hips back and forth and up and down, while rubbing their bare breasts in the faces of the patrons and allowing the patrons to lick and suck their breasts; it was also established through studies by University of Washington Department of Psychology Professor Dr. William H. George that alcohol consumption and exposure to erotica resulted in, among other things, greater sexual arousal in the male patrons; and WHEREAS, as illustrated in Profitable Exploits: Lap Dancing in the U.K., these 9 RESOLUTION NO. allegations of sexual services being offered at some SOBs, extends well beyond our nation's borders. Additionally, none of the SOBs visited during the study adhered to the terms and conditions of their business license. There was evidence that not only were patrons and entertainers making physical contact, there was evidence that sexual services were being offered and/or requested in the SOBs; and WHEREAS, it was noted in Profitable Exploits: Lap Dancing in the U.K.,that dancers had allowed customers to touch them, sometimes intimately, in contravention of the club's entertainment license; undercover ol' rRa b ered sex in a private room by two dancers for £500; and that plainclothes police officers observed women dancing in a sexually suggestive manner, and offering the officers sex at a venue outside the club on the condition that they purchased two bottles of champagne at £80 per bottle; and WHEREAS, a Seattle P-I article entitled "Prostitution Charges Filed", October 15, 2008, reported that three women and a man where charged with running massage businesses as brothels in Renton and Kirkland; that the eight-month investigation was initiated after an ad on Craigslist and online reviews critiqued the prostitutes; additionally, the business manager was a 35-year old registered sex offender who had previously been convicted of raping a child;and WHEREAS, another Seattle P-I article entitled "Salons Were Brothels, Feds say: Two-year investigation brings five arrests at homes, businesses, boat", November 18, 2008, reported that two men were charged with conspiring to transport women for prostitution and to launder proceeds from brothels including one in Renton; women offered undercover officers sex for cash; the managers advertised with catch lines such as "sexy Asians", "hot Asian girls", and "adult entertainment"; and at the time of the arrests one neighbor, like many noted in this resolution stated that prostitution is rampant in the neighborhood, she has been propositioned 10 RESOLUTION NO. while walking her dog, and that she was tired of seeing condoms while she walked in her neighborhood; and B. Impact of this type of criminal conduct. WHEREAS, the study An Analysis of the Effects of SOBs on The Surrounding Neighborhoods in Dallas. Texas explained that not only do SOBs have an actual negative secondary impact on the surrounding properties, but also that the higher the concentration of SOBs in one locale, the greater their impact on the neighborhood. The study identified that the two primary ways in which SOBs of r' igrood are 1) by their presence in the neighborhood, including signage and advertising, and 2) by the hours of operation and the type of people who they attract. Specifically, the "presence" of SOBs cause "dead zones" in commercial areas where shoppers do not want to be associated and where they do not want their children to walk, and the "hours and clientele" of SOBs result in more crime, loitering, unsavory people including prostitutes, and noise based on traffic and disturbances; and WHEREAS, the City also relies on a number of the listed studies including, but not limited to, the 1991 Final Report to the City of Garden Grove:The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, and Seattle's 1989 Director's Report, Proposed Land Use Code Text Amendment.Adult Cabarets, to reasonably believe that crime rises whenever an adult business opens or expands its operation and the change is statistically significant. Those increases are found in the serious crimes such as assault, robbery, burglary and theft and in so-called "victimless" drug, alcohol and sex-related offenses. Additionally, to quote the final report, "when an adult business opens within 1,000 feet of a tavern (or vice versa) the impact of the adult business on crime is aggravated substantially and significantly." As a result, some of the conclusions of the report are that no SOB should operate 11 RESOLUTION NO. within 1,000 feet of a residence, and no tavern should be allowed to operate within 1,000 feet of a SOB and vice versa, which is consistent with cases including Daytona Grand, Inc. v. City of Daytona Beach, Florida, and G.M. Enterprises, Inc. v. Town of St.Joseph, WI; and WHEREAS, the 1989 Minnesota Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, noted that there was a close association between SOBs and high crime rates; neighbors noted that SOBs resulted in used condoms on their lawns and sidewalks, sex acts with prostitutes occurred in plain view of children and families, school-age girls and boys a dritg mere propositioned for sex, and one rsimr person even reported that he recovered 50 pieces of pornographic material from a church lot near an SOB. This report also explained how "organized crime" controlled and/or derived substantial profits from almost all of the pornography in the United States, from the top of the business down to the "independent smut peddler". In fact, referring to a 1980 Pennsylvania report, the Minnesota report noted that most pornography stores were "affiliated or owned by one of three men who had ties with 'nationally known pornography figures who are members or associates of organized crime families"; and WHEREAS, the 1986 Report on Adult Oriented Businesses in Austin, noted, among other things, that sex-related crime rates were found to be 66% higher in areas with two SOBs rather than only one SOB. As a result, the City finds it necessary to keep the SOBs as far from other SOBs as is constitutionally permissible; and WHEREAS, the Report on Adult Oriented Businesses in Austin relied on several studies from other states such as: 1. The 1977 Study of Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles, revealed among other things that prostitution in the 12 RESOLUTION NO. study area, Hollywood, was 15 times greater than the city average; 2. The 1978 Staff Report. Amendment to Zoning Regulations, Adult Businesses in C-2 Zone with Conditional Use Permit, also for Los Angeles, found higher sex-related crimes, thefts, assaults, public intoxication and disturbing the peace near SOBs than non-SOB areas; 3. The Phoenix, Arizona, 1979 Adult Business Study, discovered among other things that SOB study areas had 43% more crime and over 500%more sex-related crimes; 4. The Minneapolis, Minnesota's 1978 Effects on Surrounding Area of Adult Entertainment Businesses, uncoveret a statistically significant correlation between diminished housing values, crime rates and neighborhood deterioration and the location of SOBs; 5. It also referred to the Adult Entertainment Businesses in Indianapolis: An Analysis, Department of Metropolitan Development, Division of Planning, Indianapolis, IN, p.85 (1984); and WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas, illustrated that sex-related complaints such as public lewdness, sexual contact, obscenity, prostitution and solicitation occurred 14 times more in and around SOBs than in or around a bar; drug-related complaints such as permitting sale, sale or possession of drugs were three times more frequent in SOBs than in or around a bar; and administrative violations of sex offenses and drug offenses were eight and 19 times more frequent, respectively, in SOBs than bars; and criminal drug- and sex-related offenses occurred far more frequently in SOBs than in bars and could include both employees and customers, while criminal violations involving minors were more likely to occur in bars. To highlight the point, there were 54 criminal lewd conduct offenses in SOBs and none in a bar according to this study; and 13 r..r RESOLUTION NO. WHEREAS,Talking Points: HB 2144 — Kansas Community Defense Act provides testimony from Carolyn McKenzie, a counselor to SOB entertainers, that 18% of the women were underage when they started stripping at clubs, 90% of them were single mothers supporting children, 75% of them had at least one sexually transmitted disease, 41% of them had a criminal history and 95%of them were using alcohol or [illegal] drugs; and WHEREAS, Talking Points: HB 2144 — Kansas Community Defense Act also presents testimony from David Sherman, a former SOB manager for Deja vu strip bars, some of which are in Washington State, that 80% of ttp pAnFiT in SOBs were involved in tax evasion and/or fraud; 90% of the SOB entertainers were using or dealing drugs; 35% of the girls were involved in prostitution; underage entertainers were frequently employed at SOBs; entertainers conspired with patrons to commit crimes such as dealing drugs, prostitution, credit card fraud and even computer theft; SOBs were used to launder counterfeit money for such things as drug dealing; and approximately 80%of all SOB owners are convicted felons; and C. Local jurisdictions similar to Renton suffer significant negative secondary effects. WHEREAS, according to the US Census, the City of Federal Way and the City, between 2006 and 2008, had roughly the same value for housing; percentage-wise, nearly identical demographics in terms of minority and non-minority population; and nearly identical demographics based on gender. According to the Washington State Office of Financial Management, in 2010, the City of Federal Way has a similar population in size to Renton at slightly less than 90,000 residents. As a result, the City views the City of Federal Way as a city with potentially similar concerns and therefore also relies on some of the data considered by the City of Federal Way; and WHEREAS, the City notes that the City of Federal Way in its 1995 Adult Entertainment 14 two 44100 RESOLUTION NO. Legislative Record memorandum remarked "that there has never been an instance when an undercover officer has entered an adult entertainment establishment in the City [of Federal Way] when a criminal act was not occurring." Additionally, Federal Way conceded that it "has insufficient police resources to continue ongoing undercover investigations at these establishments." The City of Federal Way also observed at a SOB in that city there were approximately 24 criminal complaints in five months; and WHEREAS,the City of Federal Way in its study considered that: 1. In 1987 the City of Bellev , v�hf FTdiatelY north of Renton, had "a high incident of criminal activity related to primarily prostitution and violations of [its] adult • entertainment ordinance"; 2. In the summer of 1994 the City of Tukwila, which is immediately east of Renton, conducted SOB investigations that resulted in over 500 criminal convictions related primarily to sex crimes including 70 specifically for prostitution; 3. In the summer of 1981 the City of Kent, which is immediately south of Renton, used 57 hours of on-premises SOB investigations to initiate 162 criminal charges against 21 persons which amounted to there being a criminal charge every 20 minutes.The offenses were primarily prostitution and drug related offenses; 4. The City of Bothell found that a SOB can be a regional attraction based on its findings that of the 321 vehicles parked at the SOB, only eight were registered in the City of Bothell. In fact, some of the vehicle registrations were from other states; and 5. The cities of Detroit, MI, and Cleveland, OH, noted that the proliferation of SOBs added to the appearance of blight and appeared to reflect that crimes such as robbery and rape doubled; and 15 y RESOLUTION NO. WHEREAS, the City of Federal Way concluded its consideration of negative secondary uses or impacts by noting other studies conducted revealed that SOBs resulted in "a reduction in property values of surrounding properties. These studies also conclude that adult uses are incompatible with residential, educational and religious uses. Finally, the City of Federal Way has experienced the negative secondary effect of the drain on municipal resources by having to allocate disproportionate police resources to" SOBs. D. Conclusions about the negative secondary effect of criminal contact or conduct. WHEREAS, the City has a siiRit antr' 'in curtailing public sexual offenses consistent with the findings in the Fantasyland v. County of San Diego decision; and WHEREAS, SOBs that allow entertainers to mingle with customers foster an environment that pressures entertainers into acts of prostitution and other sexual contact with customers as illustrated by the 2003 Kentucky study Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses. Regulations that require entertainers to maintain a certain distance from customers are difficult to enforce and are frequently violated. Restricting entertainers to a performance area affords the entertainers their constitutional right to express themselves, while discouraging prostitution and other sexual contact with customers; and WHEREAS, the City, in an effort to only restrict conduct and unprotected obscene expression, will prohibit physical contact, require a minimum distance between entertainers and patrons, and prohibit the exposure of certain body parts to public view except as provided for by a stage requirement and by an exception for non-obscene dances and exhibitions; and WHEREAS, as in Buzzetti v. City of New York, any performance, dance or show that emphasizes or regularly features the following will be prohibited in any Renton SOB-related ordinance: 16 RESOLUTION NO. "Specified sexual activities" are: (i) human genitals in a state of- sexual stimulation or arousal; (ii) actual or simulated acts of human masturbation, sexual intercourse or sodomy; or (iii) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast. "Specified anatomical areas" are: (i) less than completely and opaquely concealed: (a) human genitals, pubic region, (b) human buttock, anus, or (c) female breast below a point immediately above the top of the areola; or (ii) human male genitals in a diDrRyAfdiltate, even if completely and opaquely concealed; and WHEREAS, it was noted in Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values, "some massage parlors serve as fronts for sexual activity of various types.There is no Constitutional right to a massage." "There is thus no Constitutional protection afforded such businesses beyond general Constitutional rights such as the right to due process. There are, however, legitimate massage therapists who have professional training, abide by professional codes of ethics and offer non-sexual services that are beneficial to many people"; and WHEREAS, as a result of the City's reoccurring and long-standing problem with prostitution occurring in alleged massage, massage alternative and related spas or parlors, undercover operations that involved "massages therapists" disrobing, climbing on top of undercover officers, touching the officers' genitalia, and/or offering a variety of sexual encounters; and that these operations have resulted in a number of successful criminal prosecutions; and the fact that some of these "spas" or "parlors" advertise based on the appearance of the "girls", that some of the massage therapists have long 17 RESOLUTION NO. fingernails that seem to suggest that they would have a difficult time massaging anyone; and consistent with the findings in Minnesota's Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, and Survey of Texas Appraisers:Secondary Effects of Sexually-Oriented Businesses on Market Values , in addition to each masseuse, massage therapist, or alternative treatment therapist having to be licensed with the City and the State of Washington, these people shall be prohibited from administering massages or "treatments" to persons of the opposite sex; and DRAFT WHEREAS, Renton will ban massage establishments except those operated by licensed massage therapists or as parts of clinics operated and supervised by licensed medical professionals; and WHEREAS, even if these conclusions from those intimately involved in or close to SOBs are exaggerated, talking half of the numbers or percentages would still leave significant problems that cannot be ignored. Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial governmental interest in preventing and/or abating. This substantial governmental interest in preventing the negative secondary effects, which is the City's rationale, exists independent of any comparative analysis between SOBs and non-SOBs. That said, the 2009 study An Assessment of the Adult Entertainment Industry in Texas did compare and demonstrate an increase in sex-related offenses at SOBs as compared to non-SOBs. Additionally, the City's interest in regulating SOBs extends to preventing future negative secondary effects of either current or future SOBs that may seek to operate in the City of Renton; and WHEREAS, in an effort to follow and comply with O'Day v. King County, the City will 18 RESOLUTION NO. enforce a distance requirement thereby regulating conduct and not speech; and WHEREAS, as recommended in the 1989 Minnesota Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, in addition to traditional prosecution, RICO prosecution at the state (RCW 9A.82, Criminal Profiteering Act) or federal level, forfeiture of property, revocation of a business license and related penalties may be warranted; and IV. PROPERTY VALUES AND SOB IMPACT ON NEIGHBORHOODS AND BUSINESSES WHEREAS, the City reason b AFThat SOBs have a significant and well-documented history of actual negative secondary effects on neighborhoods and surrounding properties; and WHEREAS, numerous studies, including but not limited to An Analysis of the Effects of SOBs on The Surrounding Neighborhoods in Dallas. Texas, note that SOBs have an actual negative secondary impact on the surrounding properties in part by their presence in the neighborhood, including signage and advertising and specifically, because SOBs cause "dead zones" in commercial areas where shoppers do not want to be associated and where they do not want their children to walk, and the "hours and clientele" of SOBs result in more crime, loitering, unsavory people including prostitutes, and noise based on traffic and disturbances; and WHEREAS, the 2008 Pennsylvania State Resolution No. 245, noted that the landmark New York City Adult Entertainment Study concluded that the presence of SOBs tend to produce negative secondary effects such as increased crime, decreased property values and reduced shopping and commercial activities. Specifically, the Pennsylvania resolution referred to the 19 RESOLUTION NO. following studies: 1. The 1984 Adult Entertainment Businesses in Indianapolis: An Analysis, which found that the average annual rate for major crimes in areas with adult uses was 23% higher than the corresponding rate for control areas, and the rate for sex-related crimes was 77% higher in the study area than the control area; 2. The 1986 Report on Adult Oriented Businesses in Austin (which was not referred to by name in the Pennsylvania resolution), which found that areas with SOBs had sex-related crimes two to five times the citywide aDaRaA6Frher in study areas than control areas; 3. The resolution refers to the studies of Cleveland, Los Angeles and elsewhere that note that crime rates rise between 15% to 77% in areas with SOBs from areas without SOBs; and 4. A report by the American Planning Association which found that real estate professionals believe that SOBs have a significant negative impact on both residential and commercial properties; and WHEREAS, real estate appraisers have testified that the presence of SOBs in an area depresses property and rental values. The Adult Entertainment Businesses in Indianapolis: An Analysis reveals that at the time when the Indianapolis residential housing market saw a decrease of 50% in listings, listings within the study areas increased thereby resulting in twice as many houses being placed on the market at substantially lower prices than would have been expected. Indiana's national survey of certified real estate appraisers revealed that of those asked, 75% of the real estate appraisers felt that even an adult bookstore (generally perceived as less offensive than a strip club), located within one block would have a negative effect on the property values; specifically, 80% of appraisers believed that there would be a negative impact 20 *VW Notit RESOLUTION NO. on residential property values within one block of an SOB, and 72% of appraisers felt that commercial property values would be negatively impacted by having a SOB within one block; and WHEREAS, of those same real estate appraisers, 64%for residential properties and 77% for commercial properties, believed that those respective neighborhoods would be negatively impacted by the presence of an adult bookstore located three blocks from the neighborhood; and while recognizing that the statistics do not absolutely prove the negative secondary impacts listed, they concluded that it V r b( 'air prudent for a municipality to exercise its zoning power to regulate SOBs and to mitigate those secondary impacts. These findings are consistent with the general findings related to property value in 1991 Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard; and WHEREAS, the City of Austin's 1986 Report on Adult Oriented Businesses in Austin revealed that real estate and lending firms generally noted that SOBs make homes less attractive to families, thus lowering demand and property values, and others stated that SOBs lead mortgage underwriters to believe that the neighborhood is in decline, this making 90-95% of financing more difficult. Austin's report also noted that Amarillo, Texas found in addition to higher crime rates near SOBs, the late operating hours of most SOBs created special problems to surrounding neighborhoods in the form of noise, glare and traffic. Beaumont, Texas's study revealed that the concentration of SOBs drove away neighborhood commercial stores and contributed to an increase in crimes such as prostitution, drug offenses and muggings; and WHEREAS, these findings are corroborated by the 2008 Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values, which remarks that the 21 RESOLUTION NO. businesses or uses with the greatest negative impact on market value of a single-family home if located within 500 feet are Adult Media & Video Store, retail sales only (97%), the so-called Gentleman's Club/Strip Club (96%), Video Peep Booth Business (96%), followed by a landfill (96%) and a homeless shelter (95%). The study also notes that these same businesses or uses only begin to have no measureable impact at a distance of more than a half-mile (2,640 feet) from a single-family home; and WHEREAS,A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver revealed that the most frIlntlRy raatior ed negative secondary impacts were neighborhood appearance, litter, traffic and decreased property values; and WHEREAS, the 1989 Minnesota Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, suggests that communities should adopt zoning ordinances which set distances between SOBs, SOBs and liquor establishments, restrict use to one building, and set distance requirements between SOBs and sensitive areas or uses, including but not limited to residential areas, schools, child care facilities, churches and parks. Minnesota's studies noted that there was a close association between SOBs, and low housing values in a neighborhood; and WHEREAS, the City of Des Moines, WA, conducted Des Moines Adult Use Study in 1984 and found, in addition to the typical perceived or anticipated concerns about SOBs, that public perception of SOBs in Des Moines resulted in numerous business failures in commercial areas near the Des Moines SOB. This was evidenced by the fact that business turnover around the SOB was approximately four times the average in other comparable areas in downtown Des Moines; and 22 440 RESOLUTION NO. WHEREAS, the Des Moines' study also revealed that SOBs do in fact, and did in fact, deter people from shopping in the vicinity of the SOB causing serious negative economic impact, people perceived that the downtown business area was severely deteriorated to some degree because of the SOB, and the SOB thwarted or was anticipated to thwart revitalization efforts in Des Moines; and WHEREAS, as noted in Seattle's 1989 Director's Report, Proposed Land Use Code Text Amendment, Adult Cabarets, and 2006 Adult Cabarets in Seattle, in addition to fear about a variety of crime, citizens also had coTiterM aBod"'dlining property values and increasing r insurance rates; and WHEREAS, according to Adult Business Study. Town and Village of Ellicottville, Cattaraugus County. New York, even locations, such as Ellicottville, NY, which at the time of their study had no SOBs found that residential properties, historic business districts, churches, child care facilities, parks, playgrounds and civic facilities were "most sensitive to the adverse effects of adult uses"; and WHEREAS, the Supreme Court in City of Renton v. Playtime Theatres, Inc., concluded that "reasonable alternative avenues" for erotic conduct existed when the City left approximately 520 acres, or more than five percent of the entire city, available to potential adult theater sites, despite that fact that most of the acreage might not be "commercially viable". Additionally, the Court stated that SOB owners like other commercial business owners "must fend for themselves in the real estate market, on an equal footing with other prospective purchasers and lessees, does not give rise to a First Amendment violation"; and WHEREAS, in furtherance of and in a justified use of the City's police powers, for the purpose of protecting the general welfare, public health, safety, peace, property values, 23 w RESOLUTION NO. reputation and tranquility of Renton, its residents, and its guests, any ordinance regulating SOBs shall prohibit SOBs from being within 1,000 feet of the listed sensitive areas: 1. A residential zone; 2. A family dwelling; 3. A church, synagogue,temple or other recognized house of worship; 4. A park or playground; 5. A school; 6. A day care center or commiDyRrA FT 7. A youth-oriented business 8. A public library; 9. Another SOB; 10. An alcohol serving tavern, bar, dance hall, restaurant or similar business, or 11. A motel or hotel that offer rooms for an less than a full evening or night; and V. NO ALCOHOL MAYBE SERVED AT SOBS WHEREAS, consistent with the finding of the New York State Court of Appeals in New York State Liquor Authority v. Bellanca, the City reasonably believes that money, nudity and liquor or alcohol all too often result in undesirable conduct in public and/or unlawful transactions in private; and WHEREAS, it has been established in court decisions, including but not limited to Barnes v. Glen Theatre, Inc.; City of Erie v. Pap's A.M.; California v. LaRue;Daytona Grand, Inc. v. City of Daytona Beach, Florida; New York State Liquor Authority v. Bellanca;For the People's Theater v. City of New York; and Fantasyland v. County of San Diego;that the City may rely on prior court decisions for findings of negative secondary effects and in these cases that courts 24 RESOLUTION NO. have found that the SOB ordinances sought to eliminate or mitigate the negative secondary effects such as prostitution, attempted rape, rape, murder, and assaults on police officers in and around establishments dealing in alcoholic beverages, that actual and simulated nudity and sexual conduct and the depiction thereof coupled with alcohol in public places begets undesirable behavior, that sexual, lewd, lascivious, and salacious conduct among patrons and employees within establishments dealing in alcoholic beverages results in violation of law and dangers to the health, safety and welfare of the public; and WHEREAS, the 2009 An Assegiwnelit of OM-Adult Entertainment Industry in Texas I detected a relationship between alcohol consumption and incidents of violence and sexual violence against women. Finally the analysis on the frequency of rape (23%), threats of rape (48%), in a SOB and general allegations of sexual contact, underage girls working, young women being trafficked into a SOB was startling; and WHEREAS, for the purpose of mitigating the negative secondary effects noted in various studies including but not limited to the 1991 Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, and the 1998 A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, and cases including but not limited to Daytona Grand, Inc. v. City of Daytona Beach, Florida, the City will require that no SOB operate within 1,000 feet of an alcohol-serving tavern, bar, dance hall, restaurant or similar business; and VI. LICENSING REQUIREMENT WHEREAS, the City reasonably believes that each SOB, SOB employee, and SOB owner must be licensed in the City of Renton as a prerequisite to the SOB operating in the City because in the absence of regulation the City reasonably believes that the exploitation of minors, 25 RESOLUTION NO. women, aliens and resident aliens, as well as local, state and federal crimes occur; and WHEREAS, under Young v. American Mini Theatres, Inc., and Northend Cinema v. City of Seattle, the City's planning effort must be accorded a sufficient degree of flexibility for experimentation and innovation; and WHEREAS, based on various studies including but not limited to the 2009 An Assessment of the Adult Entertainment Industry in Texas,the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses,Talking Points: HB 2144 — Kansas Community Defense Act,the 20ZOOrSEMally Oriented Businesses,An Insider's 1Pi r View reports, the 1997 Strip Club Testimony, Profitable Exploits: Lap Dancing in the U.K.,and anecdotal incidents of stripper prostitution, thefts, and conspiracy to commit the same, and to protect the general welfare, public health, safety, peace, property values, reputation and tranquility of the City, its residents, and its guests, to prevent the exploitation of minors, to ensure that each SOB entertainer is an adult, to ensure that SOB entertainers have not assumed a false name which would make regulation of the entertainer difficult or impossible, and to ensure that those who have been convicted or pled nolo contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes within the prior 10 years, do not engage and do not have an opportunity to engage in that conduct at the SOB or in the City, it is necessary to license entertainers in SOBs, and SOB owners, investors and/or managers; and WHEREAS, under the World Wide Video v. City of Tukwila court decision, reasonable license fees are permissible if required and designed to defray the substantial expenses incurred by Code Compliance, the Police Department, the City Attorney's Office, the Court, the Finance and Information Technology Department, the Hearing Examiner's Office or any other 26 RESOLUTION NO. department or unit of the City of Renton involved in regulating SOBs or enforcing laws related to SOBs; and WHEREAS, under various sources, including but not limited to the 2002 Sexually Oriented Businesses. An Insider's View report, it has been found that, in the absence of regulation, some known and some unknown or hidden owners or proprietors have used SOBs for the purposes of skimming profits, avoiding the payment of taxes, money laundering and counterfeit money exchanging. It has also been found that some of these persons with ownership interests have ties or histoRor�a nd white-collar crime elements. In an effort to follow and comply with the World Wide Video v. City of Tukwila court decision, and in order to effectively protect the general welfare, public health, safety, peace, reputation and tranquility of the City, its residents, and its guests, each owner or person with an financial interest or whom derives financial benefit from an SOB doing business in Renton must fully and completely apprise the City of their SOB financial interest. This information shall be in the form of a sworn statement, and must be updated at the time that the SOB's business license is renewed; and WHEREAS, in City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., the United States Supreme Court held that there must be "prompt judicial review" in the context of SOB licensing schemes; and WHEREAS, in FW/PBS, Inc. v. City of Dallas, (holding modified by City of Littleton, Colo. v. Z.J. Gifts D-4, L.C.C.,supra), the municipality must make the licensing decision within a specified and reasonable time period during which the status quo is maintained, and second, prompt judicial review must be available in the event that the license is erroneously denied; and WHEREAS, in A Report on the Secondary Impacts of Adult Use Businesses in the City of 27 RESOLUTION NO. Denver, it was noted that most SOBs in Denver have had their business licenses suspended due to public indecency, including masturbation, fondling and deviate sexual intercourse; and WHEREAS, in Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, Minnesota's Attorney General's Office recommended among other things, that communities should adopt regulations which authorize denial or revocation of licenses when the SOB licensee has committed offenses relevant to the operation of the SOB; and WHEREAS, consistent with the D/1d Littlereffirrolo. v. Z.J. Gifts D-4, L.L.C., decision, SOB licenses shall be denied if the applicant 1) is underage; 2) provides false or incomplete information; 3) has had within the prior five years an adult business license revoked or suspended; 4) has operated an adult business anywhere that was determined to be a public nuisance within the prior five years; 5) if a corporation is not authorized to do business in the state; 6) has not timely paid taxes, fees, fines, or penalties; 7) has not obtained a sales tax license (for which zoning compliance is required); or 8) has been convicted or pled nolo contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes within the prior 10 years; and WHEREAS, in an effort to follow and comply with the World Wide Video v. City of Tukwila and City of Littleton, Colo. v. Z.I. Gifts D-4, L.C.C., decisions, absent some extraordinary circumstance, all licensing and permit decisions related to SOBs and SOB managers, owners and employees shall be completed promptly in accordance with state law; and WHEREAS, owners or managers of a SOB shall maintain records, statements, books, or accounts necessary to determine the amount of tax and business license fee for which the owner or manager is liable; and 28 1.0 44010 RESOLUTION NO. WHEREAS, as a condition of licensure, the appropriate City representative or his or her designee, bearing adequate credentials, shall have the right to enter any licensed premises at any time during business hours without notice to insure compliance with the ordinance, and it shall be unlawful for a person to prevent or deny any such entry. Failure to permit the inspection shall be a basis to close the SOB and review its business license and all licenses or permits related to the business. Such inspections, in the absence of any recent violation, should be conducted no more than five times a month. That representative or designee shall have authority to view any area open to tirVatilicfor r12a113ble to patrons consistent with Annex Books, Inc. v. City of Indianapolis. Considering the potential, and frequently present, violations of law and risks to the public health and sanitation, the representative or designee shall have the power to determine if such areas open to the public or available to patrons of the SOB are in a sanitary condition, and no warrant is necessary as: 1. There is a substantial governmental interest that informs the regulatory scheme pursuant to which the inspection is made; 2. The warrantless inspection is necessary to further the regulatory scheme;and 3. The ordinance's inspection program, in terms of the certainty and regularity of its application, provides a constitutionally adequate substitute for a warrant; and WHEREAS, under various sources including but not limited to the 2002 Sexually Oriented Businesses. An Insider's View report, there is a likelihood that persons who violate adult entertainment regulations are repeat offenders, and to deter unlawful behavior the SOB regulations shall include provisions to deny or revoke a license to perform, manage or be employed at an SOB if that person is shown to have violated SOB laws in the past; and WHEREAS, it is necessary to have a licensed manager on the premises of any and all 29 RESOLUTION NO. SOBs at all times of operation so that the manager(s) will be responsible for the conduct of or in the establishment, including the actions of entertainers, other employees, and patrons. This person will be required to have cleared a criminal and tax background check and affirm that he is not working with and/or for, officially or unofficially, any person who has been convicted or pled nolo contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes within the prior 10 years to ensure that persons with that history do not engage and do not have an opportunity to engage in that conduct at the SOB or in the City of Renton based on various studies, ins .RbAnFrited to the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses,Talking Points: HB 2144 — Kansas Community Defense Act,Sexually Oriented Businesses, An Insider's View reports from 2002 and 2004, Strip Club Testimony, from 1997, and anecdotal incidents of money laundering, tax evasion, prostitution, thefts and conspiracy to do the same; and WHEREAS, consistent with the United States Supreme Court decision in Arcara v. Cloud Books, Inc., and because this is not a prior restraint on the dissemination of materials and because the closure has nothing to do with expressive conduct, the City may close any SOB for one year if a licensee, owner or manager permits masturbation, fellatio, solicitation for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes to occur on the premises or on SOB property; and WHEREAS, a license to operate a SOB shall be revoked after a hearing before the appropriate City designee if: 1) the license had been suspended within the past year; 2) the licensee gave false information to the licensing officer or City; 3) the licensee or an employee had knowingly permitted the use or sale of a controlled substance; or 4) had knowingly allowed prostitution; or 5) had knowingly operated during a period when the license was suspended; 30 RESOLUTION NO. and 6) excepting private rooms in motels, had knowingly allowed a variety of sexual conduct to occur; and WHEREAS, businesses alleging that they are private social clubs will be analyzed under the standard set forth in Hendricks v. Commonwealth. In Hendricks, the Kentucky Supreme Court, in order to determine the legitimacy of the "members-only" organization considered a variety of factors from various other state court decisions and the United States v. Lansdowne Swim Club decision. The factors that the City will consider are: 1. The substantiality of membe -.Co:A FT 2.The lack of a numerical limit on club membership; 3.The membership's control over the selection of new members; 4.The formality or lack of formality of the admission procedures; 5.The standard for admission; 6.The membership's control or lack of control over the operation of the club; 7.The purpose of the club's existence; 8.The use of the facility by non-members; and 9.The history of the organization; and VII. ENTERTAINERS MUST BE EMPLOYEES WHEREAS, the City reasonably believes, as it was noted in Profitable Exploits: Lap Dancing in the U.K., entertainers were not employees and as a result they had no employment rights. They paid to work at the SOB, thereby resulting in a feeling of pressure to secure private dances to generate revenue, especially if they were in debt to the SOB; they had no dedicated dressing rooms; they endured threats of physical violence and demands for sex; and private "dances" were the only legitimate way for entertainers to make money; and 31 RESOLUTION NO. WHEREAS, to address the problem of no Fair Labor Standards Act (FLSA), health care, sick days or state or federal benefits or protections for entertainers, the City requires that SOBs hire entertainers as employees rather than independent contractors. Based on the 2002 An Inside Look: The Life of the Exotic Dancer Profitable Exploits: Lap Dancing in the U.K., 2002 An Inside Look:The Life of the Exotic Dancer,the 2002 and 2004 Sexually Oriented Businesses,An Insider's View reports, the 1997 Strip Club Testimony, and other reports and/or court decisions, the City reasonably believes that this is appropriate and necessary since many SOBs control when entertainers will work, tDrLaurof they work, the amount of nudity, the number of songs or dances, the order in which the entertainers perform, and the length and/or nature of employment, including whether an entertainers may perform at a different SOB; and WHEREAS, based on various studies including but not limited to the 2002 An Inside Look: The Life of the Exotic Dancer, 2002 Survey. Findings and Recommendations of Sexually Oriented Businesses. Toledo. Ohio,the 2010 Talking Points: HB 2144 — Kansas Community Defense Act, the 2002 and 2004 Sexually Oriented Businesses, An Insider's View reports, the 1997 Strip Club Testimony, and anecdotal incidents of money laundering, tax evasion and related offenses by requiring entertainers to be employees, SOBs can keep more detailed records for licensing, tax and related reasons. The City, the State of Washington, and the federal government can reasonably expect to receive a more accurate accounting of the income generated and more revenues; and VIII. SAFETY AND HOURS OF BUSINESS WHEREAS, the City reasonably believes that late hours, insufficient lighting, and inadequate measures to ensure the safety of entertainers leaving their employment creates an unreasonable risk for assault, rape, or inappropriate conduct on and/or near public streets and • 32 41400 RESOLUTION NO. sidewalks; and WHEREAS, as noted above, the study An Analysis of the Effects of SOBs on The Surrounding Neighborhoods in Dallas, Texas noted that not only do SOBs have an actual negative secondary impact on the surrounding properties, but also that the higher the concentration of SOBs in one locale, the greater their impact on the neighborhood. The study identified that the two primary ways in which SOBs affect the neighborhood is 1) by their presence in the neighborhood, including signage and advertising and 2) by the hours of operation and the type of people wh e tt�clp ifically, the "presence" of SOBs cause "dead zones" in commercial areas where shoppers do not want to be associated and where they do not want their children to walk, and the "hours and clientele" of SOBs result in more crime, loitering, unsavory people including prostitutes, and noise based on traffic and disturbances; and WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas, considered the regulation measures of other jurisdictions, including but not limited to Ohio, which in 2007 set statewide standards prohibiting touching of nude dancers and required some SOBs to end most activity at midnight and suggested among other things, prohibiting closed and private rooms, implementing drug testing, and considering outdoor lighting and indoor video surveillance; and WHEREAS,A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, noted that the SOBs with the greatest negative impact are adult theaters or bookstores, which generally operate 24 hours a day, seven days a week; and WHEREAS,the City, for the purpose of avoiding crime incidental to all-night or late night 33 RESOLUTION NO. SOBs, and because crimes rise steadily after sundown as noted in the 2010 Secondary Effects of Sexually-Oriented Businesses. Testimony on Missouri House Bill 1551, requires that SOBs in Renton operate no earlier than dawn and no later than dusk and not on Sundays as permitted in Center for Fair Public Policy v. Maricopa County (as the City's objectives would be achieved less effectively without these regulations). And the City notes, by way of example and to show that SOBs are being treated at least as well as other regulated alcohol related enterprises, that in some jurisdictions, Washington winery tasting rooms may only operate 8 hours a day; and WHEREAS, based on various sit.'n " t not limited to the 2002 and 2004 Sexually Oriented Businesses, An Insider's View reports, the 1997 Strip Club Testimony, the 2002 Survey. Findings and Recommendations of Sexually Oriented Businesses. Toledo. Ohio, the 2009 An Assessment of the Adult Entertainment Industry in Texas, and anecdotal incidents of assaults, stalking, harassment and stripper rapes, including but not limited to "Stripper foils rape attempt in phony livery cab", New York Daily News, February 19, 2008; "Man found guilty in abduction, rape of woman in Gwynn Oak", Baltimore Sun, January 15, 2010, the City requires outdoor lighting, parking lot surveillance cameras (with police viewing access), and that SOB entertainers be escorted to their vehicles to ensure their safety; and WHEREAS, based on various court decisions and studies including but not limited to Fantasyland v. County of San Diego, the 2009 An Assessment of the Adult Entertainment Industry in Texas, the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses,Talking Points: HB 2144 — Kansas Community Defense Act,Sexually Oriented Businesses. An Insider's View reports from 2004 and 2006, Strip Club Testimony, from 1997, and anecdotal incidents of stripper rapes, unlawful sexual contact, groping and prostitution, in order for the licensed manager(s) and law enforcement to enforce SOB 34 44.00 RESOLUTION NO. regulations, it is necessary to maintain a certain level of visibility upon the premises of SOBs providing adult live entertainment. Maintaining adequate lighting facilitates detection by managers and law enforcement of unlawful conduct. This visibility is related not only to lighting but also to an "openness" requirement so that there are no private, closed or VIP rooms, booths, or enclosures; this "openness", in addition to aiding in the detection of unlawful conduct, also addresses potential health concerns with a hope that it decreases the likelihood of illicit sexual contact or activity and reduces the possible spread of HIV, AIDS or any other social or communicable disease; and D RAFT IX. CONCLUSION WHEREAS, any incidental restrictions on First Amendment freedom is no greater than is essential to the furtherance of the City's governmental interests. Since the statutory prohibition is not a means to some greater end, but an end itself, it is without cavil that the City believes that its efforts are a proper exercise of its legislative and police powers; that they serve a legitimate and substantial governmental interest to protect the general welfare, public health, safety, peace, property values, reputation and tranquility of Renton, its residents, and its guests; it regulates but does not prohibit this expressive conduct that is within the outer perimeters of the First Amendment; and it is narrowly tailored and prohibits only what the City seeks to regulate which is conduct and the time, place, and manner of that conduct;and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The above findings accurately identify some but not necessarily all of the authority relied on by the City of Renton and will serve as the basis for the adoption of an 35 ..r RESOLUTION NO. ordinance regulating and licensing SOB businesses, managers, and employees that provide adult entertainment in the City of Renton; providing for the safety of those businesses, their employees, potential patrons, and the community; preventing or at least mitigating the typical criminal secondary effects of SOBs; and preventing or at least mitigating the frequent negative effects that SOBs have on property values. PASSED BY THE CITY COUNCIL this day of , 2010. DRAFT Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES:1467:10/21/10:scr 36 RESOLUTION NO. APPENDIX A 44 Liquormart v. Rhode Island, 517 U.S.484; 116 S. Ct. 1495; 134 L. Ed. 2d 711 (1995) 6 Annex Books, Inc. v. City of Indianapolis, 333 F. Supp. 2d 773; 2004 U.S. Dist. LEXIS 17341 (S.D. Ind 2004) 31 Arcara v. Cloud Books, Inc., 478 U.S. 697; 106 S. Ct. 3172;92 L. Ed. 2d 568 (1986) 32 Barnes v. Glen Theatre, 501 U.S. 560; 111 S. Ct. 2456; 115 L. Ed. 2d 504 (1991) 2, 6, 7, 26 Buzzetti v. City of New York, 140 F.3d 134 (2d Cir. 1998) 18 California v. LaRue, 409 U.S. 109; 93 S. Ct. 390; 34 L. Ed. 2d 342 (1972) 26 Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153; 2003 U.S.App. LEXIS 14918 (9th Cir. 2003),cert denied 541 U.S. 973; 124 S. Ct. 1879; 158 L. Ed. 2d 468 (2004) 5, 36 City of Colorado Springs v. 2354 Inc., 896 P.2d 272 (Colo. 1995) 32 City of Erie v. Pap's A.M., 529 U.S. 277; 120 S. Ct. 1382; 146 L. Ed. 2d 265 (2000) 26 City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774; 124 S. Ct. 2219; 159 L. Ed. 2d 84 (2004) 29, 30 City of Los Angeles v. Alameda Books,DR. ,,,,„„2.5. Ct. 1728; 152 L. Ed. 2d 670 (2002)4, 5, 9 City of Renton v. Playtime Theaters, Inc., 475 U.S. 41; 106 S. Ct. 925; 89 L. Ed. 2d 29 (1986)2, 3, 6,25 Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860; 2007 U.S. App. LEXIS 15361 (11th Cir. Fla. 2007) 27 Fantasyland v. County of San Diego, 505 F.3d 996; 2007 U.S. App. LEXIS 24097 (9th Cir. 2007) 26, 36 For the People's Theater v. City of New York, 6 N.Y.3d 63;843 N.E.2d 1121; 810 N.Y.S.2d 381; 2005 N.Y. LEXIS 3349 (2005) 26 G.M. Enterprises, Inc. v. Town of St.Joseph, WI, 350 F.3d 631; 2003 U.S. App. LEXIS 23936 (7th Cir. 2003), cert. denied, 125 S. Ct. 49, 160 L. Ed. 2d 16 (U.S. 2004) 5, 12 Goesaert v. Cleary, 335 U.S. 464; 466, 93 L. Ed. 163; 69 S. Ct. 198 (1948) 5 Hendricks v. Commonwealth, 865 S.W.2d 332 (Ky. 1993) 33 Imaginary Images, Inc. v. Evans, 2010 U.S. App. LEXIS 14535 (4th Cir. Va.July 15, 2010) 5 New York State Liquor Authority v. Bellanca, 452 U.S. 714; 101 S. Ct. 2599; 69 L. Ed. 2d 357 (1981) 26 Northend Cinema v. City of Seattle, 90 Wn.2d 709; 585 P.2d 1153 (1978) 27 O'Day v. King County, 109 Wn.2d 796; 749 P.2d 142 (1988) 3, 6, 8, 20 Seattle v. Buchanan, 90 Wn.2d 584; 584 P.2d 918 (1978) 5 Seattle v. Marshall, 83 Wn.2d 665; 521 P.2d 693 (1974) 5 SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003), cert. denied, 540 U.S. 820, 124 S. Ct. 104, 157 L. Ed. 2d 38 (2003) 6, 7 United States v. Lansdowne Swim Club, 713 F. Supp. 785 (E.D.Pa. 1989) 33 United States v. O'Brien, 391 U.S. 367; 88 S. Ct. 1673; 20 L. Ed. 2d 672 (1968) 3 World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004), as amended on denial of reh'g and reh'g en banc, (July 12,2004) 7, 8 World Wide Video v. City of Tukwila, 117 Wn.2d 382; 816 P.2d 18 (1991) 28, 29, 30 Young v.American Mini Theatres, Inc., 427 U.S. 50; 96 S. Ct. 2440; 49 L. Ed. 2d 310 (1976)... 27 APPENDIX B A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, City Attorney's Office with Contributions from Several City Departments, City Council, January 37 RESOLUTION NO. 1998, Denver, CO, p.62 (1998) 14, 15, 18 Adult Business Study, Planning Department, Phoenix,AZ, p.14(1979) 7 Adult Cabarets in Seattle, Department of Planning and Development, City of Seattle , City Council, City of Seattle, March 28, 2006, Seattle, WA, p.18 (2006) 12 Adult Entertainment Businesses in Indianapolis: An Analysis, Department of Metropolitan Development, Division of Planning, Indianapolis, IN, p.85 (1984) 7, 11 Adult Entertainment Legislative Record, Lindell, L.K. , Mayor and City Council, City of Federal Way, Federal Way, WA, p.16, August 1995 8 Adult Entertainment Study, Department of City Planning, New York, New York, 1994. 11 Adult Use Zoning Study, Planning Department, City of Kent , City Council, City of Kent, November, 1982, Kent, WA, p.49 (1982) 8 An Analysis of the Effects of SOBs on Surrounding Neighborhoods in Dallas, Texas, Peter Malin, MAI , Dallas,TX, p.23 (1997) 6, 10, 18 An Assessment of the Adult Entertainment Industry in Texas: Comprehensive Report, Kellison, B., N. Busch-Armendariz, J. Jarrett, et al. , 80th Texas Legislature, March, , Austin, TX, p.202, (2009) 14, 18, 19 An Inside Look:The Life of the Exotic i cR 'c adt, evi Maria , Oregon Law Student Paper, Supervised by Professor C. Forell, Salem,, p.49, (2002) 17 Des Moines(WA)Adult Use Study, R. W.Thorpe &Associates, 1984 12 Director's Report, Proposed Land Use Code Text Amendment, Adult Cabarets, Department of Construction and Land Use, City Council, March 24, 1989, Seattle, WA, p.30(1989)6, 12 Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul, Division of Planning, Department of Planning and Economic Development; and Community Crime Prevention Project, Minnesota Crime Control Planning Board, Saint Paul, MN, p 65 (1978) 7 Man found guilty in abduction, rape of woman in Gwynn Oak, N. Madigan, Baltimore Sun, January 15, 2010 19 Pennsylvania State Resolution No. 245, The General Assembly of Pennsylvania, February 26, 2008 11 Profitable Exploits: Lap Dancing in the U.K., Bindel, J. , Edinborough City Council, August, 2004, Edinborough, U.K.,.p.64, (2004) 14, 17 Prostitution Charges Filed, Pulkkinen, L, Seattle P-I, October 15, 2008 6 Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, Attorney General's Working Group, p.45 (1989) 15 Report on Adult Oriented Businesses in Austin, Office of Land Development Services, Austin, TX, p.50 (1986) 7, 11 Salons Were Brothels, Feds say: Two-year investigation brings five arrests at homes, businesses, boat, Castro, H. and Shukovsky, P., Seattle P-I, November 18, 2008 6 Sexually Oriented Businesses An Insider's View, Former Dancer in Strip Clubs from Indiana, Ohio House Civil and Commercial Law Committee, April 28, 2004 17, 18, 19 Sexually Oriented Businesses: An Insider's View, David Sherman, Ohio Senate Judiciary Committee on Civil Justice, December 3, 2002, p.6, (2002) passim Site Visit Analysis: Sexually Oriented Entertainment& Related Businesses, Duncan Associates: Kelly, E.D. and Cooper, E.B. August 12, 2003 14, 16, 19 Staff Report, Amendment to Zoning Regulations, Adult Businesses in C-2 Zone with Conditional Use Permit, City Planning Commission, Whittier, CA, p.22, (1978) 7 38 RESOLUTION NO. Strip Club Testimony, Kelly Holsopple, 1997 17, 18, 19 Stripper foils rape attempt in phony livery cab, Alison Gendar, Oren Yaniv and Michael White, New York Daily News, February 19, 2008 19 Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles, Department of City Planning, Los Angeles, CA, (1977) 7 Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values, Cook, C and Kelly, E.D. 2008 12 Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo, Ohio, Duncan Associates: Eric Damien Kelly and Connie B, Cooper,Toledo, OH, p.51, (2002)17, 19 Talking Points: HB 2144—Kansas Community Defense Act, 2010 18, 19 Testimony on Missouri House Bill 1551, Richard McCleary, Ph.D. , Missouri House of Representatives, p. 15, March 31, 2010 18 The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, McCleary, R. and J.W. Meeker, 1991, Garden Grove, CA, p. 96 14 DRAFT 39 October 11, 2010 Renton City Council Minutes Page 319 vaiew RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES RESOLUTION#4069 A resolution was read declaring a moratorium on the accepting of applications CED:Continued Moratorium, for adult entertainment businesses and taverns, as defined in City Code,within Adult Entertainment Business specific geographical areas,expanding the geographical area, and establishing a � /Permitting e .0t0(t termination date for the moratorium. MOVED BY BRIERE, SECONDED BY ZWICKER,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. RESOLUTION#4070 A resolution was read granting authority for an interfund loan between the Finance: Golf Refunding Bonds General Fund and the Golf Course Fund for the early retirement of outstanding & Interfund Loan 1999 Golf Course Revenue Refunding Bonds. MOVED BY PARKER,SECONDED BY TAYLOR, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. RESOLUTION#4071 A resolution was read adopting the revised 2010 City of Renton Fee Schedule Finance: Fee Schedule Brochure. MOVED BY PARKER,SECONDED BY TAYLOR, COUNCIL ADOPT THE Brochure RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the 10/18/2010 Council meeting for second and final reading: CED: Permits Technology An ordinance was read amending section 4-1-140, Building Fees,Subsection 4- Surcharge Fee 1-160.D., Fee Calculations,Section 4-1-170, Land Use Review Fees,and Section 4-1-180, Public Works Fees, of Chapter 1,Administration and Enforcement,of Title IV(Development Regulations),of City Code,to remove development fees from the Renton Municipal Code and add them to the City of Renton Fee Schedule Brochure. MOVED BY PARKER, SECONDED BY TAYLOR,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/18/2010. CARRIED. The following ordinances were presented for second and final reading: ORDINANCE#5554 An ordinance was read amending Section 4-5-050, International Building Code, CED: 2009 International of Chapter 5, Building and Fire Prevention Standards, of Title IV(Development Building Code with City Regulations), of City Code,to adopt by reference the 2009 edition of the Amendments International Building Code,together with the City's amendments thereto,to • decriminalize and make violations of the International Building Code civil infractions,to add regulations relating to elevators, and to amend regulations relating to sprinkler requirements. MOVED BY TAYLOR,SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. ORDINANCE#5555 An ordinance was read amending Chapter 5, Building and Fire Prevention CED: Updated State & Standards,of Title IV (Development Regulations), of City Code,to update International Code with City editions of adopted code, to decriminalize and make violations of Chapter 4-5 Amendments RMC civil infractions,and to repeal Sections 4-5-060, Uniform Code for the Abatement of Dangerous Buildings, and 4-5-080, Uniform Housing Code. MOVED BY TAYLOR,SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. 4400, RENTON CITY COUNCIL Regular Meeting October 11, 2010 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF DON PERSSON,Council President; MARCIE PALMER; RANDY CORMAN;GREG COUNCILMEMBERS TAYLOR; RICH ZWICKER;TERRI BRIERE; KING PARKER. CITY STAFF IN ATTENDANCE DENIS LAW, Mayor; MARTY WINE,Assistant CAO; MARK BARBER,Senior Assistant City Attorney; Bonnie Walton, City Clerk;ALEX PIETSCH, Community and Economic Development Administrator; GREGG ZIMMERMAN, Public Works Administrator; KELLY BEYMER, Parks&Golf Course Director; MEHDI SADRI, Information Technology Director; ROCALE TIMMONS,Associate Planner; FIRE AND EMERGENCY SERVICES ADMINISTRATOR MARK PETERSON and EMERGENCY MANAGEMENT DIRECTOR DEBORAH NEEDHAM, Fire & Emergency Services Department; COMMANDER FLOYD ELDRIDGE, Police Department. SPECIAL PRESENTATONS Fire and Emergency Services Administrator Mark Peterson recognized Charity Fire: Citizen Recognition Torres, Erik Wyatt, and Corianne Martin for their actions on 8/25/2010 involving the rescue of an unconscious man from the Cedar River. Chief Peterson also recognized Patricia Klep for her actions on 9/5/2010 involving a gentleman she administered Cardio Pulmonary Resuscitation (CPR)to after he was discovered unconscious in his vehicle. He noted that the man subsequently passed away, however, his widow wished to express her deep appreciation to Ms. Klep for her efforts. Concluding, Chief Peterson reported that the Fire& Emergency Services Department has honored 14 citizens over the past summer for making a difference in the community. Fire: Ready in Renton Report Emergency Management Director Deborah Needham reported on the Ready in Renton campaign. She stated that this year's campaign theme was"get ready, get connected." She reported that the City connected with citizens in several ways including direct mailings, open houses at fire stations, programming on Renton Channel 21, resources on the city's website, and in collaboration with the Renton Technical College and American Red Cross. Ms. Needham reported that efforts have been made to produce videos and materials in other languages including Tagalog,Spanish, and Mandarin Chinese. She also stated that efforts to connect with Renton schools and businesses have been made. Ms. Needham remarked that the City has a very solid volunteer community, and pointed out that there are several upcoming opportunities for volunteers to learn about and participate in emergency management training. Concluding, she recommended that interested citizens visit the City's website for more information. PUBLIC HEARING This being the date set and proper notices having been posted and published in CED: Continued Moratorium, accordance with local and State laws, Mayor Law opened the public hearing to Adult Entertainment Business consider extending the moratorium on the permitting of adult entertainment Permitting fold/ businesses in specific geographical areas. Q� October 11, 2010 Renton City Council Minutes Page 317 Community and Economic Development Administrator Alex Pietsch remarked that his department, in tandem with the City Attorney's Office, has been working diligently to determine appropriate framework to allow adult businesses while limiting their impacts on the rest of the community. He introduced Associate Planner Rocale Timmons. Ms.Timmons reported that the City's current adult entertainment ordinance is more than 16 years old, and the character of the area where these types of businesses are allowed has changed significantly over that time. She reported that the City established a moratorium on the acceptance of business licenses and permit applications on 4/12/2010,and the current moratorium expires on 10/12/2010. She stated that staff is recommending extending the moratorium for an additional six months. Ms.Timmons remarked that additional time is needed to continue to evaluate potential negative secondary effects, consider input from the public,determine mitigation, reevaluate locational criteria, consider areas to accommodate these types of uses, and to continue to develop an appropriate legislative response. Public comment was invited,there being none it was MOVED BY ZWICKER, SECONDED BY PARKER,COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 319 for resolution.) CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 10/4/2010. Council concur. 10/4/2010 Appointment: Parks Mayor Law reappointed the following individuals to the Parks Commission for Commission terms expiring on 10/1/2014: Cynthia Burns and Michael G. O'Donin. Council concur. Utility: Water System Plan Utility Systems Division recommended approval of a contract in the amount of Update,Carollo Engineers $239,170 with Carollo Engineers, Inc.to assist with the Water System Plan Update project. Council concur. MOVED BY PERSSON, SECONDED BY PARKER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Finance Committee Chair Parker presented a report recommending approval of Finance Committee Claim Vouchers 296858-297162 and two wire transfers totaling$6,605,824.27; Finance:Vouchers and approval of 742 direct deposits,85 payroll vouchers, and two wire transfers totaling$2,615,850.87. MOVED BY PARKER,SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Golf Refunding Bonds Finance Committee Chair Parker presented a report recommending & Interfund Loan concurrence in the staff recommendation to authorize the Finance and Information Technology Administrator to sign the redemption notice to call the remaining Golf Revenue Refunding Bonds, series 1999, and to authorize a loan of$1,875,000 to the Golf Fund (404)from the General Fund (000). The Committee further recommended that the resolution regarding this matter be adopted. MOVED BY PARKER,SECONDED BY TAYLOR,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 319 for resolution.) Continuation of Adult Adult Entertainment Moratorium Entertainment Moratorium • Study of the City's Adult Entertainment Ordinance is necessary • Existing regulations are more than 16 Public Hearing years old;and Monday,October 11,2010 • The character of the"Valley"has changed over those 16 years C t fl F L\TON Adult Entertainment Moratorium Adult Entertainment Moratorium • A Citywide Moratorium,on the acceptance of any • The moratorium is set to expire on October 12,2010 business license or other permit application,was • Additional time is needed in order to complete the established on April 12,2010 and applies to the analysis of secondary effects related to these land following areas of the City: uses. • Any adult entertainment business between SW 43n°and SW • Recommendation: 41a Streets • Hear Public Testimony; • Any adult entertainment business North of SW 16th Street • • Any adult entertainment business which shares the same Adopt a resolution for the continuation of the street frontage of an established adult entertainment venue Moratorium for another 6 months(which may also • Any adult entertainment business or tavem,located within be extended)immediately following the public 1,000 feet of any established adult entertainment venue hearing;and • Any adult entertainment business south of 1.405,west of • Continue to study the issue Oaksdale Ave SE and north of the Wetlands Mitigation Bar�af>..� e south end of the Boeing Longacres property. _ R E N T O N R EN T O N Adult Entertainment Moratorium Adult Entertainment Moratorium Next Steps: • Continue to evaluate potential negative secondary effects • Consider input from the public t • Determine mitigation • Re-evaluate location criteria&consider appropriate ,.. areas to accommodate adult entertainment • Continue to develop a legislative response which would go through a public process for adoption 1' r NOW CFI City of Renton PUBLIC INFORMATION HANDOUT October 11, 2010 Continuation of Moratorium on the Permitting of Adult Entertainment Businesses For additional information, please contact: Rocale Timmons,Associate Planner; City of Renton Planning Division; (425)430-7219 ISSUE: The City of Renton's ordinance regulating adult entertainment businesses and similar adult uses is over 16 years old, and has not been studied or reviewed since adoption. These regulations allow adult entertainment businesses to locate in the "Valley" area of the City. However, the Valley area has undergone significant changes since the ordinance was adopted. Therefore, given the passage of time, it is in the best interest of the City to study the area and evaluate the impacts, if any, to assess whether any changes or other action is necessary. The City passed an initial moratorium on the permitting of adult entertainment businesses citywide. The public hearing for that moratorium was held on March 22, 2010. The City subsequently revised the moratorium regarding adult entertainment businesses with locational criteria which is set to expire on October 12, 2010. During the initial moratorium, City staff made substantial progress in surveying case law. However, additional time is needed in order to complete the analysis of secondary effects related to these land uses. A new public hearing and resolution is now required to extend the moratorium for an additional six months. RECOMMENDATION: The City Council will hear public testimony regarding the continuation of the moratorium on Monday, October 11, 2010. The Community & Economic Development Department recommends the City Council adopt a new resolution, for the continuation of the moratorium, immediately following the public hearing. �j Agenda Item No.: y RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: IQ/tr 7471Q PLEASE PRINT 5 Minute Time Limit 1 5 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 2 6 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 3 7 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 4 8 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: (CONTINUED ON REVERSE SIDE) (t( ntinued from Reverse Side -Page 2 RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE PLEASE PRINT 5 Minute Time/Lirzrrit `; 9 13 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 10 14 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 11 15 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 12 16 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: September 27,2010 'i..' Renton City Council Minutes Page 294 CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. At the request of Council President Persson, items 5.d. and 5.k. were removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of 9/13/2010. Council concur. 9/13/2010 Council Meeting Minutes of Approval of Council meeting minutes of 9/20/2010. Council concur. 9/20/2010 Annexation: Kendall, NE 4th St Community and Economic Development Department submitted King County & 152nd Av SE Boundary Review Board Closing Letter regarding the proposed Kendall Annexation and recommended approval of the annexation. Council concur. (See page 300 for ordinance.) CED: Non-Conforming Community and Economic Development Department recommended amending Structure Code Amendments City Code to allow non-conforming structures to enlarge, at the discretion of the Reviewing Official, if the enlargement moves the proposal closer towards conformity. Refer to Planning and Development Committee. CED: Continuation of Community and Economic Development Department recommended setting a Moratorium,Adult public hearing date of 10/11/2010 to consider continuing the moratorium on Entertainment Businesssl��l the permitting of adult entertainment businesses and taverns within specified Permitting P geographical locations. Council concur. Lease:Suite 410 200 Mill Community Services Department recommended approval of a month-to-month Building, PMC Bancorp lease in the amount of$2,500 per month with PMC Bancorp for Suite 410 at the 200 Mill Building. Refer to Finance Committee. Community Services: Fee Community Services Department requested authorization to waive City Center Waiver Request, City Center Parking Garage fees in the total amount of$360 for the Fall Harvest Festival Parking Garage and Tree Lighting for Piazza Renton volunteers. Refer to Finance Committee. CAG:06-097,Addendum#49, Finance and Information Technology Department recommended approval of #54&#55, Eastside Fiber Addenda #49,#54,and#55 to CAG-06-097, Eastside Fiber Consortium Consortium agreement,to add the cities of Tukwila,Algona, and Pacific as consortium partners. Council concur. Finance: Electronic Document Finance and Information Technology Department recommended approval of a & Records Management contract in the amount of$58,928 with VPCl/Laserfische to implement Phase I System,VPCl/Laserfische of an electronic document and records management system. Refer to Finance Committee. CAG:09-139, S 3rd St& Transportation Systems Division submitted CAG-09-139, S. 3rd St. &Shattuck Shattuck Av S Intersection Ave.S. Intersection Safety Improvements;and requested approval of the Safety Improvements, EnD project, authorization for final pay estimate in the amount of$577.77, General Construction commencement of a 60-day lien period, and release of retained amount of $23,306.95 to EnD General Construction, Inc., contractor, if all required releases are obtained. Council concur. MOVED BY PERSSON, SECONDED BY PARKER, COUNCIL APPROVE THE CONSENT AGENDA MINUS ITEMS 5.d.and 5.k. CARRIED. CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Meeting: Continuation of Moratorium on the Permitting of Regular Council - 27 Sep 2010 Adult Entertainment Businesses Exhibits: Submitting Data: Dept/Div/Board: Issue Paper Community and Economic Development Draft Resolution Staff Contact: Rocale Timmons, x7219 Recommended Action: Council Concur. Set a public hearing on October 11, 2010 . Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $ 0 Amount Budgeted: $ 0 Revenue Generated: $ 0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: The current adult entertainment ordinance is over 16 years old and has not recently been studied or reviewed comprehensively during that time. The impacts of an adult entertainment business on other businesses and the current land use pattern of the EAV have not been evaluated or considered under the existing ordinance. Given the passage of time from the existing ordinance to present, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary to the existing ordinance. The City passed an initial moratorium on the acceptance of applications for adult entertainment businesses citywide. The public hearing for that moratorium was held on March 22, 2010 and adopted April 12, 2010. The City subsequently passed a revised moratorium with locational criteria. The public hearing for the amendment was held on June 7, 2010. However, the expiration of the moratorium is determined by the adoption of the initial resolution and is set to expire on October 12, 2010. During the initial moratorium, City staff made substantial progress in surveying case law. However, additional time is needed in order to complete the analysis of secondary effects related to these land uses. A new public hearing and resolution is now required to extend the moratorium for an additional six months. STAFF RECOMMENDATION: Set a public hearing on October 11, 2010 to consider extending the current moratium, and adopt a new resolution, for the continuation of the moratorium, immediately following the public hearing. DEPARTMENT i p �City ofn I OD. AND ECONOMIE$E�f 47` MEMORANDUM DATE: September 17, 2010 TO: Don Persson, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Alex Piet:sch, Administrator(x 6592) STAFF CONTACT: Rocale Timmons, Associate Planner(x7219) SUBJECT: Continuation of Moratorium on the Permitting of Adult Entertainment Businesses ISSUE: Should the City of Renton continue a moratorium on the permitting of adult entertainment businesses, until such time the current ordinance has been evaluated to determine the impacts of such uses? RECOMMENDATION: Staff recommends the City Council set a public hearing of October 11, 2010 in order to consider a resolution for the continuation of the moratorium established via Resolution #4041, regarding the permitting of adult entertainment businesses as amended by Resolution #4054. Staff further recommends the City Council adopt a new resolution, for the continuation of the moratorium, immediately following the public hearing. BACKGROUND SUMMARY: The current adult entertainment ordinance is over 16 years old and has not recently been studied or reviewed comprehensively during that time. Currently, adult entertainment businesses may be generally located in the Employment Area Valley (EAV). This area of the City has substantially changed over the last 16 years. The impacts of an adult entertainment business on other businesses and the current land use pattern of the EAV have not been evaluated or considered under the existing ordinance. Given the passage of time from the existing ordinance to present, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary to the existing ordinance. The City passed an initial moratorium on the permitting of adult entertainment businesses citywide. The public hearing for that moratorium was held on March 22, 2010 and adopted April 12, 2010. The City subsequently passed a revised moratorium with locational criteria. The public hearing for the amendment was held on June 7, 2010. However, the expiration of the moratorium is determined by the adoption h:\ced\city council\issue papers\2010\adult entertainment moratorium\issue paper iii.doc Don Persson,Council President Page 2 of 2 September 17,2010 of the initial resolution and is set to expire on October 12, 2010. During the initial moratorium, City staff made substantial progress in surveying case law. However, additional time is needed in order to complete the analysis of secondary effects related to these land uses. A new public hearing and resolution is now required to extend the moratorium for an additional six months. CONCLUSION: The moratorium is on the acceptance of any business license or other permit application for an adult entertainment business or tavern, located within 1,000 feet of any established adult entertainment venue. Additionally, the moratorium is on the acceptance of any business license or other permit application for an adult entertainment business meeting any of the following locational criteria: between SW 43 rd and SW 41st Streets, north of SW 16th Street, or shares the same street frontage of an established adult entertainment venue. A public hearing is necessary to accept public testimony on whether or not the City should continue this moratorium. The moratorium would be in place for an additional period of six months, while the Department of Community and Economic Development (CED) and the City Attorney continue to survey existing evidence to determine what negative secondary effects may be associated with this type of land use, ways to mitigate negative secondary effects of such land use in the least restrictive manner, consider alternatives, and provide a reasonable means to accommodate access to protected expression; such that any regulation ultimately adopted is a reasonable time, place and manner restriction. CED and the City Attorney are to make recommendations to the City Council, or subcommittee, on regulations that could be adopted to satisfy these goals. If this work has not been completed by the end of the six-month period, the Council may extend the moratorium for additional time after another public hearing. cc: Jay Covington,Chief Administrative Officer Gregg Zimmerman,Public Work Administrator C.E."Chip"Vincent,Planning Director Neil Watts,Development Services Director Suzanne Dale Estey,Economic Development Director Jennifer Henning,Current Planning Manager h:\ced\city council\issue papers\2010\adult entertainment moratorium\issue paper iii.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A MORATORIUM ON THE ACCEPTING OF APPLICATIONS FOR ADULT ENTERTAINMENT BUSINESSES AND TAVERNS, AS DEFINED IN CITY CODE, WITHIN SPECIFIC GEOGRAPHICAL AREAS, EXPANDING THE GEOGRAPHICAL AREA,AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, the City of Renton presently has an ordinance regulating adult motion picture theaters, nude dancing establishments, and similar adult uses, as defined in Chapter 5- 12 RMC; and WHEREAS,this current adult motion picture theater ordinance is over 25 years old and has not been recently studied or reviewed since then, and the nude dancing establishment ordinance is over 16 years old; and WHEREAS,the valley area Ioc:ations where an adult entertainment business may locate have substantially changed in those 16 years;and WHEREAS, a new adult entertainment business venue has opened within the City of Renton; and WHEREAS,the opening of such business may result in negative secondary effects of the business or similar businesses; and WHEREAS, given the passage of time, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary;and WHEREAS,this moratorium resolution is prospective in its application; and 1 RESOLUTION NO. WHEREAS, the City of Renton does not intend, by this resolution, to impermissibly impact any party's free speech or expression rights;and WHEREAS, the purpose of this resolution is to provide, after appropriate study, a reasonable area to accommodate protected expression and to make any geographical restriction of free speech rights a reasonable time, place and manner restriction, and to that end urges any court reviewing this resolution to interpret it in such a manner as to give it such a constitutional interpretation; and WHEREAS, the City of Renton wishes to have adequate time to re-evaluate existing conditions to determine whether or not there is a substantial governmental interest in modifying the existing land use regulations and to determine whether or not any negative secondary effects that the City may determine, by such re-evaluation, are reasonably related to these land uses and whether or not reasonable regulations imposed upon such land uses would mitigate any negative secondary effects of such land use; and WHEREAS, during the initial moratorium City staff have made substantial progress surveying case law and other studies; and WHEREAS, the City of Renton does not intend to adopt any additional requirements or changes to regulating adult entertainment businesses until it has established the existence of negative secondary effects relating to such land uses; and WHEREAS, the City of Renton wishes to establish by this study the least restrictive means available by which the City map regulates this type of use; and WHEREAS, City staff need additional time to complete their analysis of secondary effects related to these land uses; and 2 RESOLUTION NO. WHEREAS, during the period of the preceding moratoria there have been no license or permit applications for businesses which would be affected by this moratorium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above reciitals are found to be true and correct in all respects. SECTION II. There is hereby declared a moratorium on the acceptance of applications for any business license or other permit for an adult entertainment venue: A. Within one thousand (1,000) feet of any established adult motion picture theater, peep show, panoram, adult retail use or place of adult entertainment. B. Located on a parcel that shares the same street frontage of any established adult motion picture theater, peep show, panoram, adult retail use or place of adult entertainment. 1. Parcels located along or taking primary access from the same street without a bisecting primary arterial street shall be considered to share the same street frontage. 2. Parcels located within five hundred linear feet (500') of a street intersection shall be considered to have street frontage along both intersecting streets. C. Between SW 43rd and SW 41st Streets. D. North of SW 16th Street. E. South of I-405, west of Oaksdale Avenue S.W. and north of the Wetlands Mitigation Bank at the south end of the Boeing Longacres property. 3 Nor RESOLUTION NO. .� SECTION III. There is hereby declared a moratorium on the acceptance of applications for any business license or other permit for a tavern within one thousand (1,000) feet of any established adult motion picture theater, peep show, panoram, adult retail use or place of adult entertainment. SECTION IV. This moratorium shall be in place for a period of six (6) months, which moratorium may be extended or renewed for one or more six (6) month period(s), but only if a subsequent public hearing is held and findings of fact are made prior to each renewal. SECTION V. During this six (6) month moratorium,the City Attorney Department and the planning staff of the City are requested to survey existing evidence to determine what negative secondary effects may be associated with this type of land use, ways to mitigate negative secondary effects of such land use in the least restrictive manner, and to provide alternative, available geographical areas within the City to provide a reasonable means to accommodate access to protected expression such that any regulation ultimately adopted is a reasonable time, place and manner restriction. The City Attorney Department and City planning staff are to make recommendations to the City Council, or subcommittee thereof, on regulations which could be adopted to satisfy these goals. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk 4 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Publication Date: RES:1482:9/21/10:scr 5 Rentonnet City Clerk Card File Page 1 of 1 CI 1 it ... Full Screen Version New Search Results List Add Record Edit Record Delete Record Record 26 of 28 gi El Title: ZONING,ADULT ENTERTAINMENT BUSINESSES MORATORIUM 2010 Effective Date: Mar 1, 2010 Show this record on the Internet? YES Date Entered: Mar 2, 2010 by User: LiLi-Wong Last Modified: Sep 28, 2010 by User: cmoya Scheduled Destruction Date: Destroyed Date: Narrative: • 3/22/2010—Declaring a moratorium on the permitting of adult entertainment businesses for a period of six months and assess whether change or measured action is necessary to the ordinance. • 6/7/2010 -2nd Public hearing on continuing a moratorium based on localization criteria. • 10/11/2010 -3rd Public hearing on continuing a moratorium based on localization criteria. • See Also: RES 4041, RES 4054 Keywords: • ZONING 2010 • ADULT ENTERTAINMENT 2010 • MORATORIUM 2010 Location: BANK 2 Category: LU/GEN 4 http://rentonnet.org/intranet/CityClerkDept/Card Fi le/index.cfm?fuseaction=show... 09/28/2010 .411100. CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 11th day of October, 2010, at 7:00 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98057,to consider the following: Extend for an additional six months the current moratorium, established by Resolution No. 4041, and amended by Resolution No. 4054, on the permitting of adult entertainment businesses based on localization criteria, and assess whether change or measured action is necessary to the existing ordinance All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. 64ti �iJlt-P�c.oY Bonnie I. Walton City Clerk Published: Renton Reporter October 1, 2010 Account No. 50640 June 28,2010 Renton City Council Minutes '' Page 204 Community Services:Amend An ordinance was read amending Section 2-9-6, Rules and Regulations, of Park Rules&Regulations,Trail Chapter 9, Parks Commission,of Title II, (Boards and Commissions),of City Safety Code,to adopt by reference Park Rules and Regulations. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. ORDINANCE#5542 Following second and final reading of the above referenced ordinance, it was Community Services:Amend MOVED BY TAYLOR,SECONDED BY PALMER,COUNCIL ADOPT THE ORDINANCE Park Rules& Regulations,Trail AS READ. ROLL CALL. ALL AYES. CARRIED. Safety Mayor Law thanked City officials and staff for their efforts in quickly reviewing, modifying, and approving the changes to the Park Rules and Regulations. He also thanked Stephanie Mapelli who was in attendance, noting that the death of Ms. Mapelli's mother on a City trail prompted the City to make these changes. Mayor Law remarked that there are now steps that can be taken to help make City trails safer. The following ordinances were presented for second and final reading: ORDINANCE#5543 An ordinance was read annexing approximately 15 acres of property generally Annexation: Sierra Heights bordered by existing City limits to the north,east,and south,with 132nd Ave. Elementary School, Union Ave SE at the east;Sierra Heights Elementary School Annexation. MOVED BY NE & NE 25th PI BRIERE,SECONDED BY ZWICKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. ORDINANCE#5544 An ordinance was read establishing the zoning classification for approximately Annexation: Sierra Heights 15 acres of property annexed within the City of Renton from R-6 (Residential Six Elementary School, R-4 Zoning Dwelling Units per gross acre) King County zoning to R-4 (Residential Four Dwelling Units per Net Acre)City zoning; Sierra Heights Elementary School Annexation. MOVED BY BRIERE, SECONDED BY ZWICKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. ORDINANCE#5545 An ordinance was read annexing approximately nine acres of property generally Annexation: Maplewood bordered by existing City limits to the north, east,and west,with 146th Ave. SE Heights Elementary School, at the east,and 144th Ave.SE at the west; Maplewood Heights Elementary Jericho Ave NE&SE 2nd PI School Annexation. MOVED BY BRIERE,SECONDED BY ZWICKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. ORDINANCE#5546 An ordinance was read amending Title V, (Finance and Business Regulations), of Community Services: Special City Code, by adding a new Chapter 22,Special Events Permits,to provide for Events Ordinance the issuance of permits to regulate special events,and establishing penalties. MOVED BY BRIERE,SECONDED BY PALMER,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. NEW BUSINESS Council President Persson remarked that per the advice of the City Attorney, ADDED the language in the resolution regarding the moratorium on the permitting of RESOLUTION#4054 adult entertainment businesses should be modified to direct City staff to"not CED: Modified Moratorium, accept applications"for adult uses in the moratorium area rather than"not Adult Entertainment Business grant permits." Permitting MOVED BY PERSSON,SECONDED BY BRIERE,COUNCIL AMEND THE p a I�t�e � RESOLUTION REGARDING THE MORATORIUM ON THE PERMITTING OF ADULT 1 ENTERTAINMENT BUSINESSES (#4041)TO READ "NOT ACCEPT APPLICATIONS" RATHER THAN "NOT GRANT PERMITS." CARRIED. (Resolution#4054 was adopted which amends Resolution#4041) op June 7, 2010 Renton City Council Minutes , Page 169 NoeMs. Hodgson stated that most southbound traffic will be diverted across SR 520 or 1-90 on to 1-5. She explained that local traffic will be exited at Park Ave. and diverted to Logan Ave.,Airport Way, Rainier Ave.,and then back to 1-405. She noted as a secondary diversion, motorists may also exit at Sunset Blvd. Ms. Hodgson stated that northbound travelers on SR 167 will be diverted at S. 180th St.,West Valley Highway, and then on to southbound 1-405. She remarked that northbound travelers who wish to continue northbound will be exited at Rainier Ave.on to Grady Way S., Main Ave., Houser Way,and then on to northbound 1-405. Continuing, Ms. Hodgson reported that in an effort to notify the public of the closure the project team has contacted impacted cities, businesses,and coordinators of major events. She stated that two weeks prior to the closure portable messaging signs will be utilized, and motorists will be able to tune in to the highway advisory channel AM 1520. Ms. Hodgson stated that one week prior to the closure the project team will leverage television and radio by conducting on site interviews,and will also use social media tools and state and city websites. Discussion ensued regarding notification of retail businesses at The Landing,the time-frame for the demolition of the old Benson Road bridge, barriers utilized to reduce construction noise,the importance of informing the public well in advance of the closure, and utilizing the City's neighborhood program as a means of notifying affected residents. PUBLIC HEARING This being the date set and proper notices having been posted and published in CED: Modified Moratorium, accordance with local and State laws, Mayor Law opened the public hearing to Adult Business Entertainment consider the continuation of the moratorium on the permitting of adult Permitting entertainment businesses based on localization criteria, and to assess whether •El change or measured action is necessary to the existing ordinance. Planning Director Chip Vincent introduced Associate Planner Rocale Timmons. Ms.Timmons stated that a study of the City's adult entertainment ordinance is necessary to revise locational criteria and that the existing regulations are more than 25 years old. She also noted that the character of the City's valley area where adult businesses are currently located has changed over those 25 years. Ms.Timmons reported that on 3/22/2010 the City enacted a city-wide moratorium, and then revised the moratorium to specify targeted locational criteria. She stated that the moratorium has been set for a six-month period, and that this hearing is being conducted in order to receive public testimony. She stated that the next step is to evaluate any negative secondary effects of the adult businesses,consider input from the public,and then develop an appropriate legislative response. There being no public comment, it was MOVED BY ZWICKER,SECONDED BY PALMER,COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. AUDIENCE COMMENT Greg James(Sammamish)expressed concern regarding the proposed Shoreline Citizen Comment:James- Master Program (SMP). He explained that he manages properties located Proposed Shoreline Master between the Cedar River and the Maple Valley Highway and shared scenarios of Program how a proposed 100-foot buffer along the Cedar River will significantly affect waterfront commercial property. Mr.James also explained how his lots would become legal non-conforming uses, and how the new rules would essentially Revised Adult Entertainment Adult Entertainment Moratorium • Study of the City's Adult Entertainment Moratorium Ordinance and locational criteria is necessary Public Hearing • Existing regulations are more than 25 Monday,June 7,2010 years old;and • The character of the"Valley"has changed over those 25 years • Adult Entertainment Moratorium Adult Entertainment Moratorium • A Citywide Moratorium was established on • Length of Moratorium: 6 months(which March 22,2010. may be extended) • The Moratorium has since been revised to • Recommendation: apply only to the following: • Hear Public Testimony • Any adult entertainment business between SW 43.and SW 07.Streets • Continue the Revised Moratorium • Any adult entertainment business North of SW 16th Street • Any adult Entertainment business which shares the same which includes locational criteria sheet frontage of an established adult entertainment venue • Any adult entertainment business or tavern,located within • Study the Issue 1,000 feet of any established adult entertainment venue R NTo RENTON Adult Entertainment Moratorium Next Steps: • Evaluate potential negative secondary effects • Consider input from the public • Determine mitigation • Re-evaluate location criteria&consider appropriate areas to accommodate adult entertainment • Develop a legislative response which would go through a public process for adoption -Y J '4) ..0 City of Renton PUBLIC INFORMATION HANDOUT June 7, 2010 Revised Moratorium on the Permitting of Adult Entertainment Businesses For additional information, please contact: Rocale Timmons,Associate Planner; City of Renton Planning Division; (425)430-7219 ISSUE: The City of Renton's ordinance regulating adult entertainment businesses and similar adult uses is over 25 years old, and has not been studied or reviewed since adoption. These regulations allow adult entertainment businesses to locate in the "Valley" area of the City. However, the Valley area has undergone significant changes since the ordinance was adopted. Therefore, given the passage of time, it is in the best interest of the City to study the area and evaluate the impacts, if any, to assess whether any changes or other action is necessary. The City passed an initial moratorium on the permitting of adult entertainment businesses citywide. The public hearing for that moratorium was held on March 22, 2010. The City subsequently passed a new moratorium regarding adult entertainment businesses with locational criteria. A new public hearing is now required to address the new focused criteria of the moratorium. RECOMMENDATION: The City Council will hear public testimony regarding the moratorium on Monday,June 7, 2010. The Community & Economic Development Department recommends that the existing adult entertainment regulations be studied in order to: determine what negative secondary effects may be associated with adult entertainment land uses; to determine ways to mitigate negative secondary effects of the use in the least restrictive manner; and, to provide alternative geographic areas within the City to provide a reasonable means to accommodate adult entertainment use. 4Ju14' &P$t,1e fVmi(P1$ Agenda Item No.: S• Q• 14142v'a+ofi K Ni RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: `f,/Zi .0 PLEASE PRINT 5 Minute Time Limit 1 5 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 2 6 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: . 3 7 Name: Name: Address: Address: City Zip Code City Zip Code • Topic: Topic: 4 8 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: (CONTINUED ON REVERSE SIDE) s emu, �.a,sM * O�v �. t a �� b ter . .fit ax: o k . ontinued from Reverse Side - Page fr & °A.,a • RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE PLEASE PRINT 5 Minute T?'t gi; 9 13 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 10 14 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 11 15 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: 12 16 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: Noe RENTON CITY COUNCIL Regular Meeting May 17, 2010 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF DON PERSSON,Council President; RICH ZWICKER;GREG TAYLOR; RANDY COUNCILMEMBERS CORMAN; MARCIE PALMER. MOVED BY CORMAN,SECONDED BY ZWICKER, COUNCIL EXCUSE ABSENT COUNCILMEMBERS KING PARKER AND TERRI BRIERE. CARRIED. CITY STAFF IN ATTENDANCE DENIS LAW, Mayor;JAY COVINGTON,Chief Administrative Officer; LAWRENCE J. WARREN,City Attorney; BONNIE WALTON, City Clerk; IWEN WANG, Finance and Information Services Administrator; ALEX PIETSCH,Community and Economic Development Administrator; GREGG ZIMMERMAN, Public Works Administrator; MARTY WINE,Assistant CAO; PETER RENNER, Facilities Director; SUZANNE DALE ESTEY, Community and Economic Development Director; PREETI SHRIDHAR, Communications Director; COMMANDER KENT CURRY, Police Department. AUDIENCE COMMENT Anne Simpson (Renton), speaking on behalf of the Renton Shoreline Coalition, Citizen Comment: Simpson- remarked that the Washington Administrative Code (WAC) requires docks to be Proposed Shoreline the minimum size necessary to accomplish their intended purpose. She stated Management Program that Renton's Shoreline Master Program (SMP) is more restrictive than the WAC, and the Army Corps of Engineers' permitting process is more flexible than the City's process. Ms.Simpson suggested that the City should approve docks that have met other agency's requirements. She also noted that the marine biologist who assisted in the permitting of her dock opined that a six-foot wide dock will not affect fish any more or less adversely than a four-foot wide dock. CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 5/10/2010. Council concur. 5/10/2010 Court Case:Trenchless Court case filed by Trenchless Construction Services, LLC, represented by G. Construction Services, Paul Carpenter and Kristi D. Favard,Attorneys for Plaintiff, relating to an alleged CRT-10-002 failure to locate a sewer line. Refer to City Attorney and Insurance Services. CED: Modified Moratorium, 'Community and Economic Development Department recommended setting a Adult Entertainment Business public hearing on 6/7/2010 to consider a continuation of the moratorium Permitting Q fo�de` established via Resolution#4041 regarding permitting of adult entertainment businesses based on locational criteria. Council concur to set public hearing on 6/7/2010. CED:Standard Plans for Public Community and Economic Development Department recommends amending Works Construction City Code to adopt Standard Plans for Public Works Construction,and authorize the Public Works Administrator or his/her designee to approve updates or amendments to the standard plans. Council concur. (See page 152 for ordinance.) CITY OF RENTON COUNCIL AGENDA BILL „- Subject/Title: Meeting: Moratorium on Permitting of Adult Entertainment Regular Council - 17 May 2010 Businesses Based on Locational Criteria Exhibits: Submitting Data: Dept/Div/Board: Issue Paper Community and Economic Development Staff Contact: Rocale Timmons, x7219 Recommended Action: Council concur to set a public hearing for June 7, 2010. Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ I City Share Total Project: $ SUMMARY OF ACTION: The current adult entertainment ordinance is over 25 years old and has not recently been studied or reviewed comprehensively during that time. Currently, adult entertainment businesses may be generally located in the Employment Area Valley (EAV). This area of the City has substantially changed over the last 25 years. The impacts of an adult entertainment business on other businesses and the current land use pattern of the EAV has not been evaluated or considered under the existing ordinance. Given the passage of time from the existing ordinance to present, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary to the existing ordinance. The City passed an initial moratorium on adult entertainment businesses in the City. The public hearing for that moratorium was held on March 22, 2010. The City subsequently passed a new moratorium regarding adult entertainment businesses with locational criteria. A new public hearing is now required to address the new focused criteria of the moratorium. STAFF RECOMMENDATION: Set a public hearing date of June 7, 2010 to consider continuation of the moratorium established via Resolution #4041, regarding permitting of adult entertainment businesses based on locational criteria. I DEPARTMENT AND ECONOMI MEMORANDUM DATE: May 4, 2010 TO: Don Persson, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Alex Pietsch, Administrator (x 6592) STAFF CONTACT: Rocale Timmons, Associate Planner(x7219) SUBJECT: Revised Moratorium on the Permitting of Adult Entertainment Businesses Based on Location Criteria ISSUE: Should the City of Renton continue a moratorium on the permitting of adult entertainment businesses, based on locational criteria, until such time the current ordinance has been evaluated to determine the impacts of such uses? RECOMMENDATION: Staff recommends the City Council set a public hearing of June 7, 2010 in order to consider the continuation of the moratorium established via Resolution #4041, regarding the permitting of adult entertainment businesses based on locational criteria. BACKGROUND SUMMARY: The current adult entertainment ordinance is over 25 years old and has not recently been studied or reviewed comprehensively during that time. Currently, adult entertainment businesses may be generally located in the Employment Area Valley (EAV). This area of the City has substantially changed over the last 25 years. The impacts of an adult entertainment business on other businesses and the current land use pattern of the EAV has not been evaluated or considered under the existing ordinance. Given the passage of time from the existing ordinance to present, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary to the existing ordinance. The City passed an initial moratorium on the permitting of adult entertainment businesses citywide. The public hearing for that moratorium was held on March 22, 2010. The City subsequently passed a new moratorium regarding adult entertainment businesses with locational criteria. A new public hearing is now required to address the new focused criteria of the moratorium. CONCLUSION: h:\ced\city council\issue papers\2010\adult entertainment moratorium\issue paper ii.doc New .r Don Persson,Council President Page 2of2 May 4,2010 The moratorium is on the issuance of any business license or other permit for an adult entertainment business or tavern, located within 1,000 feet of any established adult entertainment venue. Additionally, the moratorium is on the issuance of any business license or other permit for an adult entertainment business meeting any of the following locational criteria: between SW 43rd and SW 41st Streets, north of SW 16th Street, or shares the same street frontage of an established adult entertainment venue. A public hearing will be set to accept public testimony on whether or not the City should continue this moratorium. The moratorium would be in place for a period of six months, while the Department of Community and Economic Development (CED) and the City Attorney will survey existing evidence to determine what negative secondary effects may be associated with this type of land use, ways to mitigate negative secondary effects of such land use in the least restrictive manner, consider alternatives, provide a reasonable means to accommodate access to protected expression, such that any regulation ultimately adopted is a reasonable time, place and manner restriction. CED and the City Attorney are to make recommendations to the City Council, or subcommittee, on regulations that could be adopted to satisfy these goals. If this work has not been completed by the end of the six-month period, the Council may extend it for additional time after another public hearing. cc: Jay Covington,Chief Administrative Officer Gregg Zimmerman,Public Work Administrator C.E."Chip"Vincent,Planning Director Neil Watts,Development Services Director Suzanne Dale Estey,Economic Development Director Jennifer Henning,Current Planning Manager h:\ced\city council\issue papers\2010\adult entertainment moratorium\issue paper ii.doc CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 7th day of June, 2010, at 7:00 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98057, to consider the following: Continue a moratorium, as established by Resolution No. 4041, on the permitting of adult entertainment businesses based on localization criteria, and assess whether change or measured action is necessary to the existing ordinance All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. CJa Bonnie I. Walton City Clerk Published: Renton Reporter May 21, 2010 Account No. 50640 April 12, 2010 Renton City Council Minutes '4°'' Page 109 CED: Modified Moratorium, Regarding the moratorium on permitting of adult businesses declared on Adult Entertainment Business 3/1/2010, Councilmember Briere recommended that the issue be revisited. Permitting City Attorney Warren explained that the Washington Cities Insurance Authority (WCIA) provided information to the City regarding federal court cases that are � .� not reported case law, and recommended that the City not enact blanket' moratoria that may be considered unconstitutional. Explaining further, Mr. Warren remarked that the Planning and Development Committee also raised several areas of concern while reviewing draft legislation regarding the zoning of adult entertainment businesses. These issues included certain streets that were not covered, and that taverns could also be a contributing factor to negative secondary effects of adult entertainment. He stated that because of the recommendation from WCIA, and the issues raised by the Planning and Development Committee, he drafted a new resolution imposing a moratorium only on the areas where further zoning controls are being considered, and adding the Committee's concerns about taverns. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL RESCIND THE CURRENT MORATORIUM (RESOLUTION NO.4037, ADOPTED 3/1/2010) ON THE PERMITTING OF ADULT ENTERTAINMENT BUSINESSES. CARRIED. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL SUSPEND THE RULES AND PRESENT THE RESOLUTION REGARDING THE NEW MORATORIUM ON THE PERMITTING OF ADULT ENTERTAINMENT BUSINESSES FOR READING AND ADOPTION. CARRIED. ADDED A resolution was read declaring a moratorium on the permitting on adult RESOLUTION#4041 entertainment businesses and taverns as defined in City Code, within specific CED: Modified Moratorium, geographical areas, establishing a public hearing, and establishing a termination Adult Entertainment Business date for the moratorium. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL Permitting ADOPT THE RESOLUTION AS READ.* Responding to Council inquiries, Mr. Warren remarked that although additional layers of regulation have been added over the years, the adult entertainment ordinance remains essentially unchanged from its inception 25 years ago. He , also clarified for the record that the term "taverns" includes establishments that serve beer or hard liquor. Additionally, Mr. Warren noted that a suggested date for the public hearing will be brought to the Council in the near future. *MOTION CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES RESOLUTION#4042 A resolution was read endorsing the Cascade Agenda, and pursuing a CED: Membership Agreement, partnership with the Cascade Land Conservancy as a member of the Cascade Cascade Cities Agenda Agenda Cities Program. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL Program ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for first reading and referred to the 4/19/2010 Council meeting for second and final reading: Board/Commission: Create An ordinance was read amending Chapter 13, Library Board, of Title II Library Advisory Board (Commissions and Boards), of City Code, to create a Library Advisory Board for issues related to services provided to Renton residents by the King County Library System. MOVED BY PALMER, SECONDED BY ZWICKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/19/2010. CARRIED. f)q File, From: Bonnie Walton Sent: Tuesday, March 23, 2010 8:35 AM To: 'Chuck and Fran' Subject: RE: Adult Entertainment Dear Ms. Gitchel: Thank you for getting back to me this morning. While the Public Hearing is closed now, your email will be made a part of the file on this subject. Be assured your comments are appreciated and will be taken into consideration as this issue is further reviewed by the City during the coming months. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 Original Message From: Chuck and Fran [mailto:chuckandfrantest@comcast.net] Sent: Tuesday, March 23, 2010 8:25 AM To: atest; Bonnie Walton Subject: Adult Entertainment Sorry, I was not home last night so did not get this email. My name & address: Fran Gitchel - 3301 SE 3rd P1 - Renton, WA 98059 I would have liked it to been for last night's meeting, otherwise next week's? Thank you! Original Message Dear Ms. Gitchel: Thank you for your email to the Renton City Council. If your message was meant for tonight's public hearing, could you please provide your name and address for the record? Thank you. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 Original Message From: 'Fran Gitchel'<chuckandf rantest@comcast.net> [mailto:chuckandfrantest@comcast.net] Sent: Monday, March 22, 2010 10:56 AM To: Council 1 Cc: chuckandfrantest@comcast.net Subject: Adult Entertainment I'm appalled that you would allow Adult Entertainment (Strip Clubs) be permitted in our city. We don't need the tax dollars from having such garbage allowed within our city. Do we not have any moral values anymore? Now I'm ashamed to invite out-of-towners to visit Renton. I've been here since 1966 and it seems like this sort of Trash always tries to creep in! Please reconsider allowing these type of businesses in our midst. Thank you. This email request originated from the following link: http://rentonwa.gov/government/default.aspx?id=1776 Forwarded from JM to BW 3/22/10 at 6:01 pm 2 March 22, 2010 Renton City Council Minutes °✓ Page 497 RESOLUTION#4039 A resolution was read approving the Benson Trails a.k.a. Sandhu Plat Final Plat, Plat: Benson Trails a.k.a. approximately 6.27 acres located at the northeast corner of 120th Ave SE and Sandhu Plat, 120th Av&SE SE 184th St. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL ADOPT THE 184th St, FP-09-111 RESOLUTION AS READ. CARRIED. RESOLUTION#4040 A resolution was read supporting The Boeing Company's pursuit of the United CED:Supporting The Boeing States Tanker Program. MOVED BY PARKER,SECONDED BY TAYLOR, COUNCIL Company's Pursuit of the US ADOPT THE RESOLUTION AS READ. CARRIED. Tanker Program The following ordinance was presented for first reading and referred to the 4/5/2010 Council meeting for second and final reading: Finance: Bond Refinancing, An ordinance was read providing for the issuance and sale of limited tax 2001 LTGO Bonds general obligation refunding bonds of the City in the aggregate principal amount of not to exceed $6.8 million to provide funds for the purpose of refunding certain limited tax general obligation bonds of the City; authorizing the appointment of an escrow agent and execution of an escrow agreement; and delegating certain authority to approve the final terms of the bonds. MOVED BY PARKER,SECONDED BY TAYLOR,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/5/2010. CARRIED. NEW BUSINESS Mayor Law remarked that the future of the Lindbergh Pool is in jeopardy and Community Event: Lindbergh explained that there is a$180,000 financial gap that is keeping the pool from Pool Financing opening next year. He announced that the Renton School District stated that it can cover$80,000 of the$180,000 deficit and has asked the community to raise the other$100,000. Mayor Law stated that the City has$40,000 available in the Benson Hill annexation transition fund and requested Council's approval to pledge those funds towards the fundraising efforts. He emphasized that this pledge is a one-time commitment and would not be available in subsequent years. MOVED BY PARKER,SECONDED BY BRIERE,COUNCIL AUTHORIZE THE ADMINISTRATION TO PLEDGE UP TO$40,000 FROM THE BENSON HILL ANNEXATION TRANSITION FUND FOR THE PURPOSE OF ASSISTING IN THE FUNDRAISING EFFORT TO KEEP THE LINDBERGH POOL OPEN.* Councilmember Persson emphasized that the funds would only be available if the other$60,000 was raised and it is a one-time commitment. Councilmember Taylor expressed appreciation for this solution and cautioned that a long-term solution is still needed. *MOTION CARRIED. AUDIENCE COMMENT Anne Meis(King County) expressed support for the adult entertainment Citizen Comment: Meis-Adult moratorium and remarked that statistically Portland and Seattle are ranked Entertainment Moratorium number one per capita for sex trafficking of minors in America. She urged i, ��, Council to share her concern for the many young girls who disappear annually. ADJOURNMENT MOVED BY PERSSON,SECONDED BY ZWICKER, COUNCIL ADJOURN. CARRIED. Time: 8:26 p.m. Bonnie I.Walton, CMC, City Clerk Jason Seth, Recorder March 22,2010 March 22, 2010 ti,.,• Renton City Council Minutes ,../ Page 492 PUBLIC HEARING 'This being the date set and proper notices having been posted and published in CED: Declaring a Moratorium, accordance with local and State laws, Mayor Law opened the public hearing to Adult Entertainment Business consider the moratorium on the permitting of adult businesses for a period of Permitting six months and to assess whether change or measured action is necessary to DA 'i I 'a r the existing ordinance. Mayor Law emphasized that the intent of the hearing is t to consider public input regarding the moratorium. MOVED BY PERSSON,SECONDED BY BRIERE,COUNCIL ALLOW EACH SPEAKER THREE MINUTES TO TESTIFY ON THIS TOPIC. CARRIED. Current Planning Manager Jennifer Henning reported that Council passed Resolution#4037 on 3/1/2010 that declared a six-month moratorium on the permitting of adult entertainment businesses in the City. She stated that the moratorium will expire on 9/1/2010 unless extended by Council. Ms. Henning further reported that the existing adult entertainment regulations originated over 25 years ago and currently allow adult entertainment businesses in the Employment Area Valley designation of the City's Comprehensive Plan. She explained that the area is bordered by 1-405 to the north,SR 167 to the east, ;,SW 43rd St.on the south,and the border with the City of Tukwila on the west. IMs. Henning stated that over the past 25 years the Employment Area Valley has changed substantially and therefore it is appropriate and timely to revisit the regulations. She remarked that public testimony is being requested and any potential negative secondary effects from adult entertainment will be evaluated. Ms. Henning stated that an appropriate legislative response will be developed to mitigate or diminish any impacts. Council President Persson clarified that 25 years ago legislation was passed that removed these types of businesses from the City's downtown core. He remarked that the City was sued and the case was eventually seen by the United States Supreme Court. Mr. Persson noted that although the City won the case, it could not ban adult entertainment businesses outright, and 'therefore used zoning as way to relocate them to the valley area. He commented that the new club has met all the proper requirements and has :been issued a business license. City Attorney Warren remarked that the City's case is the leading case in the United States on the zoning of adult entertainment. He stated that the Supreme Court determined that nude dancing is an expression that is protected lby the first amendment,and the City is reviewing zoning regulations that will ultimately limit or mitigate any potential negative secondary effects from these itypes of businesses. Public comment was invited. Becky Roberts(King County) expressed support for the moratorium and l opposition to any further permitting of adult businesses within the City. David McAlister(Renton) acknowledged that the strip club can legally operate under current ordinances, but urged Council to stop permitting similar businesses. Pastor McAlister expressed support for the moratorium and recited several crime statistics as reasons for opposing adult entertainment. Tandi McAlister(Renton) expressed support for the moratorium and opposition to adult entertainment businesses within the City. March 22, 2010 r✓ Renton City Council Minutes ✓ Page 493 Leroy Roberts(King County) remarked that he is proud to live in a community where family values are encouraged. He expressed support for the moratorium and opposition to adult entertainment businesses. John A. Hansen (Renton) expressed support for the moratorium and opposition to the permitting of adult businesses within the City. He remarked that residents should do everything they can to improve Renton's reputation. Ricki Jones(Bothell) expressed support for the moratorium and opposition to adult entertainment businesses. She remarked that although 18-year-olds are allowed to enter the establishment,she would not want any of her young adult children to attend the strip club. Laurie Palmer(King County) expressed support for the moratorium and requested that it be extended. She opined that 18-year-olds are not mature enough to understand the significance of attending these types of businesses and urged Council to prevent any similar businesses from opening in the community. Katie Hood (Kent)expressed support for the moratorium and opposition to any further permitting of adult businesses within City limits. Chris Palmer(King County)expressed support for the moratorium. He questioned how the use of alcohol could be prohibited in the name of morality yet adult entertainment could not. He requested that zoning and other restrictions be put in place to discourage adult businesses from locating in Renton. MarK Jones(Bothell) expressed appreciation for the City's previous work on this issue and support for the moratorium. He also expressed opposition to any further permitting of adult entertainment businesses and opined that crime will increase in the area because of the new strip club. Jim Palmer(King County)expressed appreciation for the City's past work on this issue. He stated that he is mostly concerned about the safety of the City's adult I children. Joseph McLean (Renton) opined that the new club is not in an industrial area land he does not believe the City needs taxes from this type of business. He expressed appreciation for the moratorium and stated that if the business is (found to be unprofitable,other similar businesses will not move to Renton. Steven Brady(King County)expressed support for the moratorium and explained that a proliferation of adult businesses in Renton would negatively influence his decision to buy a home in the area. Greg Larsen (Renton) urged Council to exercise as much authority as possible to discourage adult entertainment businesses from locating in Renton. He acknowledged that some responsibility lies with City residents, and remarked that the club should be empty when it opens for business. Darlene Larsen (Renton)expressed opposition to adult entertainment and the exploitation of women. She remarked that 55 sex offenders live within a two- ;mile radius of the new club and questioned whether or not their access to the club would be restricted. Ms. Larsen remarked that members of Celebration Church actively serve the community and expressed support for the moratorium. March 22, 2010 `04,0? Renton City Council Minutes Page 494 Roxanne Conklin (Kent)expressed support for the moratorium and opposition to any adult businesses in the Renton area. Marcie Maki (Seattle) requested that Council extend the moratorium in order to conduct extensive studies to determine what effects adult businesses have on the community. She shared her experience as a director of early learning programs and remarked that no parent or teacher has ever asked her to provide resources that would enable children to grow up to be in the adult entertainment business. April Wood (Renton) expressed support for the moratorium and opposition to any further permitting of adult businesses within City limits. Lori Madson (Renton)commented that she works in the vicinity of the new adult business and pointed out that it is also near a daycare facility. She remarked that the Federal Aviation Administration is looking to relocate and opined that this type of business may dissuade them from staying in Renton. Ms. Madson expressed support for the moratorium and opposition to adult entertainment businesses within City limits. Brigitta Jones (Renton)expressed support for the moratorium and opposition Ito any further permitting of adult businesses within City limits. Phyllis Gulseth (King County) expressed support for the moratorium and opposition to adult entertainment businesses within Renton. She also remarked that she would like to see Renton remain a community that respects the dignity and safety of women and children. ITrish Aguayo (Renton)expressed support for the moratorium and opposition to all current and future adult entertainment businesses within City Limits. Stuart Cook(Renton)shared the reasons why he chose to live in Renton and remarked that he is now questioning what effects adult entertainment ' businesses will have on the City. He urged Council to maintain the moratorium to determine any long-term effects they may have on the City. i Lisa Hood (Renton) remarked that the regulations are 25 years old and this is an opportunity for Council to make a positive change for Renton. She emphasized that the community does not agree with the outdated regulations and encouraged City officials and staff to take this into consideration when crafting new legislation. Dan Palmer(Renton)opined that adult entertainment businesses will lead to increased crime rates. He expressed concern regarding the fact that small ' children can see the club's sign advertising nude showgirls. Mr. Palmer urged Council to use all appropriate legal measures to clamp down on illegal activity I to dissuade similar businesses from locating in Renton. Kristy Chang(Renton)shared her experience as a Renton School District teacher and remarked that children need their parents to be home instilling morals and values and not spending time away from their families. She expressed support for the moratorium. Valeria A. Dreas(Renton) shared her experience as a commercial real estate appraiser and remarked that this type of business can have negative effects on property values. Ms. Dreas also expressed opposition to any kind of business that degrades and objectifies women. March 22, 2010 w..% Renton City Council Minutes Page 495 Vanessa Chodykin (unknown) remarked that she is concerned for the future of the City's children because of this adult business and other business such as Hooters and bikini baristas that have located in Renton. She urged Council to ban any future adult businesses from locating within City limits. Ralph Cady(King County)expressed appreciation for the City's willingness to limit the proliferation of adult businesses in the community. He remarked that these types of businesses will only add to the barrage of temptation young people face in their lives. There being no further public comment, it was MOVED BY ZWICKER, SECONDED BY BRIERE, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Council expressed appreciation for the speaker's comments. Discussion ensued regarding Club SinRock's business taxes,the promotion of family values,and the desire to eliminate any potential negative secondary effects adult entertainment establishments may have on the community. City Attorney Warren further clarified that the hearing was for Council to consider whether or not to continue the moratorium. He remarked that no action is required,and that the moratorium will continue for the specified period of time unless Council determines that there has not been adequate time to do studies necessary to pass appropriate legislation. Mr.Warren stated that the moratorium can be extended, but emphasized that it cannot be continued indefinitely. ADMINISTRATIVE REPORT Chief Administrative Officer Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2010 and beyond. Item noted included: * Renton's Public Works Maintenance Shops use three street sweepers to provide year-round sweeping of all City streets. It takes between six weeks and two months to sweep all 550 lane miles of City streets. One night sweeper covers the downtown core and the central business district as well as City parking lots between 9 p.m.and 4 a.m. The City provides heavy sweeping in the fall to remove fallen leaves and prevent them from clogging drains, and also to remove sand that is applied for traction during winter storms. In newer annexation areas,the City has found that many areas require repeated sweepings to remove accumulated dirt and grass on the street edge and shoulders. CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 3/15/2010. Council concur. 3/15/2010 Plat: Benson Trails a.k.a. Community and Economic Development Department recommended approval, Sandhu Plat, 120th Av&SE with conditions,of the Benson Trails a.k.a.Sandhu Plat Final Plat, 16 single- 184th St, FP-09-111 family lots on 6.27 acres located in the vicinity of 120th Ave.SE and SE 184th St (FP-09-111). Council concur. (See page 497 for resolution.) CED: Supporting The Boeing Community and Economic Development Department recommended adoption Company's Pursuit of the US of a resolution supporting The Boeing Company's pursuit of the United States Tanker Program Tanker Program. Council concur. (See page 497 for resolution.) Adult Entertainment Adult Entertainment Moratorium Moratorium Length of Moratorium: 6 months (may be extended) Public Hearing Monday,March 22,2010 # t1 i 1 KEN;ToN \ V2 Adult Entertainment Moratorium Adult Entertainment Moratorium Recommendation: • Existing regulations are more than 25 years old • Hear Public Testimony • The"Valley"has changed over those 25 • Study the Issue years • Study of the issue is appropriate T N R: oN�.,., A \ -! R:ENTC?hT RE Adult Entertainment Moratorium Next Steps: • Evaluate potential negative secondary effects • Determine mitigation • Re-evaluate location criteria&consider appropriate areas to accommodate adult entertainment • Consider input from the public • Develop a legislative response which would go through the public process for adoption f ai E( w ..r :(;----'Rets) fi City of Renton PUBLIC INFORMATION HANDOUT March 22, 2010 Moratorium on the Permitting of Adult Entertainment Businesses For additional information, please contact: Jennifer Henning, Planning Manager; City of Renton Planning Division; (425)430-7286 ISSUE: The City of Renton's ordinance regulating adult entertainment businesses and similar adult uses is over 25 years old, and has not been studied or reviewed since adoption. These regulations allow adult entertainment businesses to locate in the "Valley" area of the City. However, the Valley area has undergone significant changes since the ordinance was adopted. Therefore, given the passage of time, it is in the best interest of the City to study the area and evaluate the impacts, if any,to assess whether any changes or other action is necessary. RECOMMENDATION: The City Council will hear public testimony regarding the moratorium on Monday, March 22, 2010. The Community & Economic Development Department recommends that the existing adult entertainment regulations be studied in order to: determine what negative secondary effects may be associated with adult entertainment land uses; to determine ways to mitigate negative secondary effects of the use in the least restrictive manner; and, to provide alternative geographic areas within the City to provide a reasonable means to accommodate adult entertainment use. 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City Zip Code Topic: ; Topic: 12 16 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: ___Ahap_____erttvilkt I! /eMC Agenda Item No.: C RENTON CITY COUNCIL MEETING eulo\i G 0 Ca r 1'n, PUBLIC HEARING/MEETING -------- SPEAKER SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: 3/z quip ZD!o PLEASE PRINT 5 Minute Time Limit 1 5 Name: )C1A/\, Me Ikk1 SAe( *ame: 61^nStU ph er-Pa I r Address: 32OO ,5 2 ` C4- Address: 1 SAS y 203r frK SE City `RaiYL uYx Zip Code cls ') City Q/1/ n Zip Code 9 g D S7 /1r , , �^ _MvVt+b vi u.vn-- Topic: 1,�'YJ Coi n I�JL 0,,i v+c.Av.c. _ Topic: G(,,i, S„, Kock 2 L Name: IJGWI�.E w�vt�- aArq-1/1 6 Name:M ay-e Mak to Address: 22 1 l l i amAs S Address:d� `/9 l 0 rWes F Sc> 1)C �_^ 7 City ANC/MO-14 Zip Code q gO55 City t Zip Code 71J 9 Topic: ) ,Lu i-e v#a�I-L,k,u., , iDirakto • Topic: I'1 iit. 5 `l7 C kI, 10 ,G, )) '''' Lori. Vlrla� 5°�, 3 Name: 6r-' Lars '7 7 Name: `� . (,4 3 F-e64 d.1 (e fp1- NE- Address: 22� �+I l i a vy�� � S `�ddress. City {/i Zip Code QtY05; City R ,4-P'-, Zip Code cI3--.4 Topic: ott.+.i' c44. 44 ©ya►'✓tc, - Topic: 44 if t k f • Ors( i'l,c,v,C CC I 4 Name: a h 4r k• l�ct S ,''x 8 ame: '` :\TAAt\4 ► y i C 41 I Sfi- Address: 116 g A w U C o v -e s ki er 0 c Address: 3,100 S E Je-I't" C f- City R p�-k--Dv`( Zip Code ¶$051 City iv+ol • Zip Code fry Topic: A,vic .,,,, I" 1 D r, Topic: A0G (CONTINUED ON REVERSE SIDE) CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 22nd day of March, 2010, at 7:00 p.m. as the date and time for a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98057, to consider the following: Declaring a moratorium on the permitting of adult entertainment businesses for a period of six months and assess whether change or measured action is necessary to the existing ordinance All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6510. Bonnie I. Walton City Clerk Published: Renton Reporter March 5, 2010 Account No. 50640 Li Li-Wong From: Ann Nielsen Sent: Wednesday, March 03, 2010 10:04 AM To: Vanessa Dolbee Cc: Li Li-Wong Subject: RE: PH Adult Entertainment Moratorium Hey there, Legal does not have any set parties of record list for this. The legal notice requirement will be to notice the public hearing on the moratorium. My understanding is that the moratorium passed Monday night, so it is now in effect for 6 months. Under state statute, a public hearing must be set within 60 days. I think Alex said he was setting it for March 22 but not sure, please verify. Otherwise, check with Clerk's office on the proper notice issues for the public hearing. Thanks,Ann From: Vanessa Dolbee Sent: Tuesday, March 02, 2010 4:26 PM To: Ann Nielsen Cc: Li Li-Wong Subject: RE: PH Adult Entertainment Moratorium Ann, CED does not have any particular individual parties that we need to send a copy to, does your department know of any individual parties that would like a copy? Thank you, Vanessa Dolbee x7314 From: Li Li-Wong Sent: Tuesday, March 02, 2010 11:19 AM To: Vanessa Dolbee Subject: PH Adult Entertainment Moratorium Hi Vanessa, Do you need us to send a copy of the ad to any individual parties? Thanks, LLWawLv-Wo ' Records Management Coordinator City of Renton/City Clerk Division 1 Phone:425-430-6521 .r www.rentonwa.gov 2 March 1, 2010 — Renton City Council Minutes y..+ Page 470 RESOLUTION#4037 A resolution was read declaring a moratorium on the permitting of adult CED: Declaring Moratorium, entertainment businesses,as defined in City Code,within specific geographical Adult Entertainment Business areas,establishing a public hearing date, and establishing a termination date Permitting �/ / for the moratorium. MOVED BY BRIERE, SECONDED BY ZWICKER,COUNCIL p t} r (v`e ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the 3/8/2010 Council meeting for second and final reading: CED:Title IV(Development An ordinance was read amending Chapter 2,Zoning Districts-Uses and Regulations),#D-18, Standards, Chapter 4,City-wide Property Development Standards, and Chapter Landscaping and Street Trees 8, Permits-General and Appeals, of Title IV(Development Regulations),of City Code,to update general landscaping standards. MOVED BY BRIERE,SECONDED BY ZWICKER,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/8/2010. CARRIED. CED:Title IV(Development An ordinance was read amending Chapter 2,Zoning Districts- Uses and Regulations),#D-33, Parking Standards, Chapter 4, City-wide Property Development Standards,and Chapter Standards 11, Definitions,of Title IV(Development Regulations),of City Code,to amend vehicle parking standards and add development standards for bicycle parking. MOVED BY BRIERE,SECONDED BY ZWICKER,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/8/2010. CARRIED. CED:Title IV(Development An ordinance was read amending Section 4-9-070, Environmental Review Regulations),#D-32,SEPA Procedures, of Chapter 9, Permits-Specific,of Title IV(Development Categorical Exemptions Regulations), of City Code,to update and consolidate environmental review procedures, and to ensure consistency with state requirements and city policies. MOVED BY BRIERE,SECONDED BY ZWICKER,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/8/2010. CARRIED. CED:Title IV(Development An ordinance was read amending Chapter 2,Zoning Districts- Uses and Regulations),#D-35, Design Standards, and Chapter 3, Environmental Regulations and Overlay Districts,of Overlay Consolidation Title IV(Development Regulations),of City Code,to clarify and delete portions of the standards tables and footnotes and to clarify and reformat the regulations urban design overlays. MOVED BY BRIERE,SECONDED BY ZWICKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/8/2010. CARRIED. CED:Title IV(Development An ordinance was read amending section 4-1-160,School District Impact Fees, Regulations),#D-36, of Chapter 1,Administration and Enforcement,of Title IV(Development Procedure for Fees Regulations), of City Code,to establish the school impact fee for accessory dwelling units and to amend administrative procedures regarding school impact fee collection. MOVED BY BRIERE,SECONDED BY ZWICKER,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/8/2010. CARRIED. The following ordinance was presented for first reading and advanced for second and final reading and adoption: Finance: Bond Refinancing, An ordinance was read pledging the City of Renton's full faith and credit toward Valley Communications Center the payment of its share of the debt service on refunding bonds to be issued by the Valley Communications Center Development Authority and approving certain matter related thereto. MOVED BY TAYLOR,SECONDED BY PALMER, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AND ADOPTION. CARRIED. March 1,2010 'N✓ Renton City Council Minutes Page 468 The meeting reconvened at 7:29 p.m.; roll was called; all Councilmembers present,except Councilmember Parker, previously excused. AUDIENCE COMMENT Laurie Baker(Seattle)expressed concern over the City's proposed Shoreline Citizen Comment: Baker- Master Program. She stated that current proposals will have negative impacts Proposed Shoreline Master on homeowners' ability to maintain, improve,or develop property, and will Program decrease property values. She also stated that the City's proposal places tighter restrictions on property than are legally mandated. Ms. Baker requested that Council hold a public hearing on the topic. Councilmember Briere remarked that the Planning Commission will be meeting on the topic on 3/17/2010,and that they are still accepting public comment. Discussion ensued regarding the Planning Commission's role in accepting public comment, holding public hearings,and making recommendations to the Council on this topic. Also discussed was the role of Council and the Washington State Department of Ecology in the approval process, and the efforts of the Community and Economic Development Department to create a flexible and balanced Shoreline Master Program. Citizen Comment: Douglas- David Douglas(Snohomish)stated that he is considered a technical expert for Proposed Shoreline Master residential waterfront projects. He expressed concern over impacts that the Program City's proposed Shoreline Master Program will have on non-conforming structures, and opined that once the document is approved nearly 95 percent of all docks and piers will become non-conforming structures that may need to be replaced. Mr. Douglas submitted documents to the City Clerk that included excerpts from the Washington Administrative Code, and updated and proposed Shoreline Master Programs from other jurisdictions. CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 2/22/2010. Council concur. 2/22/2010 CED: Declaring Moratorium, Community and Economic Development Department recommended declaring a Adult Entertainment Business moratorium on the permitting of adult entertainment businesses within Permitting e i ok specified geographical areas; and setting a public hearing on 3/22/2010. Council concur. (See page 470 for resolution.) Transportation: NE 4th St/ Transportation Systems Division recommended approval of the expenditure of Bremerton Av NE&Whitman funds from the Intersection Safety and Mobility Program in the amount of Av NE,Signal Improvements $100,000 for design of traffic signals at NE 4th St. and Bremerton Ave. NE and NE 4th St. and Whitman Ave. NE; and approval for construction of the signal at NE 4th St.and Whitman Ave. NE in 2011. Refer to Transportation (Aviation) Committee. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Planning and Development Committee Chair Briere presented a report Planning& Development recommending concurrence in the staff recommendation to adopt the Committee following items on the 2009 Title IV Docket: CED:Title IV(Development Regulations) Docket#3 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Meeting: Moratorium on the Permitting of Adult Regular Council -01 Mar 2010 Entertainment Businesses Exhibits: Submitting Data: Dept/Div/Board: Issue Paper Community and Economic Development Resolution Staff Contact: Vanessa Dolbee, x7314 Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ I City Share Total Project: $ SUMMARY OF ACTION: The current adult entertainment ordinance is over 25 years old and has not recently been studied or reviewed comprehensively during that time. Currently, adult entertainment businesses may be generally located in the Employment Area Valley (EAV).This area of the City has substantially changed over the last 25 years. The impacts of an adult entertainment business on other businesses and the current land use pattern of the EAV has not been evaluated or considered under the existing ordinance. Given the passage of time from the existing ordinance and today, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary to the existing ordinance. STAFF RECOMMENDATION: Adopt a resolution declaring a moratorium on the permitting of adult entertainment businesses and setting a public hearing date of March 22, 2010 to consider public testimony. *4410 DEPARTMENT D � trot AND ECONOMI MEMORANDUM DATE: February 22, 2010 TO: Don Persson, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Alex Pietsch,Administrator(x 6592) STAFF CONTACT: Vanessa Dolbee,Acting Senior Planner(x7314) SUBJECT: Moratorium on the Permitting of Adult Entertainment Businesses ISSUE: Should the City of Renton issue a moratorium on the permitting of adult entertainment businesses, until which time the current ordinance has a chance to be studied and reviewed to evaluate the impacts of such uses? RECOMMENDATION: Staff recommends the City Council issue a moratorium via resolution on the permitting of adult entertainment businesses. BACKGROUND SUMMARY: The current adult entertainment ordinance is over 25 years old and has not recently been studied or reviewed comprehensively during that time. Currently, adult entertainment businesses may be generally located in the Employment Area Valley (EAV). This area of the City has substantially changed over the last 25 years. The impacts of an adult entertainment business on other businesses and the current land use pattern of the EAV has not been evaluated or considered under the existing ordinance. Given the passage of time from the existing ordinance and today, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary to the existing ordinance. CONCLUSION: The proposed moratorium would be on the issuance of any business license or other permit for an adult entertainment venue. A public hearing will be set to accept public testimony on whether or not the City should continue this moratorium. The moratorium would be in place for a period of six months with the option to continue such moratorium. During this six month period, the Community and Economic Development (CED) Department and the City Attorney will survey existing evidence to determine what h:\ced\city council\issue papers\2010\adult entertainment moratorium\issue paper.doc Don Persson,Council President Page 2 of 2 February 22,2010 negative secondary effects may be associated with this type of land use, ways to mitigate negative secondary effects of such land use in the least restrictive manner, consider alternatives, provide a reasonable means to accommodate access to protected expression, such that any regulation ultimately adopted is a reasonable time, place and manner restriction. CED and the City Attorney are to make recommendations to the City Council, or subcommittee, on regulations that could be adopted to satisfy these goals. cc: Jay Covington—Chief Administrative Officer Alex Pietsch—CED Administrator Gregg Zimmerman—Public Work Administrator Neil Watts—Development Services Director C.E."Chip"Vincent—Planning Director Suzanne Dale Estey—Economic Development Director Jennifer Henning—Current Planning Manager Vanessa Dolbee—Acting Senior Planner CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A MORATORIUM ON THE PERMITTING OF ADULT ENTERTAINMENT BUSINESSES, AS DEFINED IN CITY CODE, WITHIN SPECIFIC GEOGRAPHICAL AREAS, ESTABLISHING A PUBLIC HEARING DATE, AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, the City of Renton presently has an ordinance regulating adult motion picture theaters, nude dancing establishments, and similar adult uses, as defined in Chapter 5-12 RMC; and WHEREAS,this current adult entertainment ordinance is over 25 years old and has not been recently studied or reviewed since then; and WHEREAS,the valley area locations where an adult entertainment business may locate have substantially changed in those 25 years; and WHEREAS, a new adult entertainment business venue is to be opened within the City of Renton; and WHEREAS, the opening of such business may result in negative secondary effects of the business or similar businesses; and WHEREAS,given the passage of time, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary;and WHEREAS, this moratorium resolution is prospective in its application;and WHEREAS, the City of Renton does not intend, by this resolution, to impermissibly impact any party's free speech or expression rights; and 1 RESOLUTION NO. WHEREAS, the purpose of this resolution is to provide, after appropriate study, a reasonable area to accommodate protected expression and to make any geographical restriction of free speech rights a reasonable time, place and manner restriction, and to that end urges any court reviewing this resolution to interpret it in such a manner as to give it such a constitutional interpretation; and WHEREAS, the City of Renton wishes to have adequate time to re-evaluate existing conditions to determine whether or not there is a substantial governmental interest in modifying the existing land use regulations and to determine whether or not any negative secondary effects that the City may determine, by such re-evaluation, are reasonably related to these land uses and whether or not reasonable regulations imposed upon such land uses would mitigate any negative secondary effects of such land use; and WHEREAS, the City of Renton does not intend to adopt any additional requirements or changes to regulating adult entertainment businesses until it has established the existence of negative secondary effects relating to such land uses; and WHEREAS, the City of Renton wishes to establish by this study the least restrictive means available by which the City map regulates this type of use; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. There is hereby declared a moratorium on the issuance of any business license or other permit for an adult entertainment venue. SECTION III. There is hereby established a public hearing date to accept public testimony on whether or not the City should continue this moratorium. 2 RESOLUTION NO. SECTION IV. This moratorium shall be in place for a period of six (6) months, which moratorium may be extended or renewed for one or more six (6) month period(s), but only if a subsequent public hearing is held and findings of fact are made prior to each renewal. SECTION V. During this six (6) month moratorium, the City Attorney Department and the planning staff of the City are requested to survey existing evidence to determine what negative secondary effects may be associated with this type of land use, ways to mitigate negative secondary effects of such land use in the least restrictive manner, and to provide alternative, available geographical areas within the City to provide a reasonable means to accommodate access to protected expression such that any regulation ultimately adopted is a reasonable time, place and manner restriction.The City Attorney Department and City planning staff are to make recommendations to the City Council, or subcommittee thereof, on regulations which could be adopted to satisfy these goals. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Publication Date: 3 Nsw- RESOLUTION NO. 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